What's happening
This bill increases hourly compensation rates for assigned counsel and provides for annual cost of living adjustments.
Why it matters
Raises pay for assigned counsel. By doubling hourly rates for appointed lawyers, the bill could attract and retain more skilled attorneys to represent low-income clients, potentially improving the quality of legal defense for those unable to afford private counsel.
Removes outdated fee caps. The elimination of strict maximum limits on total compensation for cases recognizes the complexity and time demands of legal work, especially in cases that require substantial attorney effort, which may result in fairer compensation for more demanding cases.
Provides for ongoing cost-of-living adjustments. Linking pay to annual inflation ensures that assigned counsel rates will keep pace with economic conditions, preventing future stagnation and possibly reducing attorney shortages in public defense as living costs rise.
Could affect local government budgets and justice system outcomes. Higher and inflation-adjusted compensation rates may increase costs for counties, but could also help alleviate systemic issues such as excessive attorney caseloads, delays in court proceedings, and disparities in legal representation.
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Who cares
Headline styles
Raise Pay for Court-Appointed Lawyers
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to local government
- Print number 6004a
- Amend (t) and recommit to local government
- Referred to local government
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Raise Pay for Assigned Lawyers
In Assembly Committee · Ways And Means · Sponsor Joseph Lentol
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6004--A
2019-2020 Regular Sessions
IN SENATE
May 16, 2019
Introduced by Sen. BAILEY -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government -committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the county law, in relation to entitled compensation for client representation
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 722-b of the county law, as amended by section 2 of part J of chapter 62 of the laws of 2003, is amended to read as follows:
§ 722-b. Compensation and reimbursement for representation. 1. All counsel assigned in accordance with a plan of a bar association conforming to the requirements of section seven hundred twenty-two of this article whereby the services of private counsel are rotated and coordinated by an administrator shall at the conclusion of the representation receive:
(a) for representation of a person entitled to representation by law who is initially charged with a misdemeanor or lesser offense and no felony, compensation for such misdemeanor or lesser offense representation at a rate of [sixty] one hundred twenty dollars per hour for time expended in court or before a magistrate, judge or justice, and [sixty] one hundred twenty dollars per hour for time reasonably expended out of court, and shall receive reimbursement for expenses reasonably incurred; and
(b) for representation of a person in all other cases governed by this article, including all representation in an appellate court, compensation at a rate of [seventy-five] one hundred fifty dollars per hour for time expended in court before a magistrate, judge or justice and [seventy-five] one hundred fifty dollars per hour for time reasonably expended out of court, and shall receive reimbursement for expenses reasonably incurred.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11867-02-9
S. 6004--A 2
2. [Except as provided in this section, compensation for time expended in providing representation:
(a) pursuant to paragraph (a) of subdivision one of this section shall not exceed two thousand four hundred dollars; and
(b) pursuant to paragraph (b) of subdivision one of this section shall not exceed four thousand four hundred dollars] Hourly compensation to be received pursuant to paragraphs (a) and (b) of subdivision one of this section shall be subject to an annual cost of living increase. Such cost of living increase shall be calculated as the current rate of inflation as determined by the consumer price index, as computed by the federal bureau of labor statistics.
3. [For representation on an appeal, compensation and reimbursement shall be fixed by the appellate court. For all other representation, compensation and reimbursement shall be fixed by the trial court judge. In extraordinary circumstances a trial or appellate court may provide for compensation in excess of the foregoing limits and for payment of compensation and reimbursement for expenses before the completion of the representation.
4.] Each claim for compensation and reimbursement shall be supported by a sworn statement specifying the time expended, services rendered, expenses incurred and reimbursement or compensation applied for or received in the same case from any other source. No counsel assigned hereunder shall seek or accept any fee for representing the party for whom he or she is assigned without approval of the court as herein provided.
§ 2. This act shall take effect April 1, 2020. Effective immediately, the addition, amendment, and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the county law, in relation to enti- tled compensation for client representation
Purpose
The bill would allow the New York State Division of Criminal Justice Services to set, on an annual basis, the hourly rate of compensation for assigned counsel.
Summary of provisions
Section 1: Amends Section 722-b of the County Law is to provide the Division of Criminal Justice Services the authority to set the hourly compensation rate for assigned counsel in the state. The Division of Criminal Justices Services shall review the hourly compensation rate on an annual basis and shall adjust the rate at:
Read the full memo (611 words)
1) No less that 60 percent of the hourly rate of Federal Defenders for the applicable fiscal year for misdemeanors or lessor offenses;
2) No less than 90 percent of the hourly rate of Federal Defenders for the applicable fiscal year for all other cases governed by the article.
Provides that the Division of Criminal Justice Services has the authori- ty to waive an increase in the assigned counsel compensation rates in any given year, but that assigned counsel compensation rates may not fall below the 60 and 90 percent thresholds for any given three-year period.
Provides that counsel shall receive reimbursement for expenses reason- ably incurred.
Section 2: Provides that each claim for compensation and reimbursement shall be supported by a sworn statement and prohibits counsel from seek- ing or accepting fees for representation without court approval.
Justification
The 18-b panels throughout NYS consist of attorneys who are certified by the Appellate Division to handle all cases in Family Court, Surrogate Court, Supreme Court, and Criminal Court, representing children and adults in multifaceted cases where families and liberties are at risk of being taken away.
Despite their vital role and extensive experience, 18-b lawyers/Attorneys for Children have not received a raise in their rates since 2004 and received only two raises in the last 32 years. They are currently compensated at a rate of $75/hour - far below the average rate of compensation for attorneys in this state. In order to continue to maintain the quality of the attorneys currently available, and to attract experienced and qualified attorneys, 18-b attorneys must be provided an hourly rate that is respeaful and commensurate with their legal experience.
In February 2019, Chief Judge DiFiore drafted a letter to Governor Cuomo, Majority Leader Stewart-Cousins and Speaker Heastie highlighting the serious challenge assigned counsel compensation rates are creating in criminal and family justice systems in New York State rate has been adjusted 11 times since 2004, and that the failure to adjust assigned counsel rates has led to a growing shortage of qualified attorneys, resulting in excessive caseloads that diminish the quality of legal representation for indigent litigants and impair the ability of criminal and family courts to operate efficiently.
Currently, statutory change is required in order for rates to be increased in the state County Law. This bill will shift the rate setting authority from the current cumbersome statutory process to the Division of Criminal Justices Services. Other court professionals, including social workers, interpreters and Federal Defenders currently receive rate increases through the administrative rulemaking process, which has proven to be more responsive to changes in the industry and inflation of the cost of living over time.
Prior legislative history
None.
Fiscal implications
EFFECTIVE DATE: This act shall take effect April 1, 2020; provided, however, that effec- tive immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.