STATE OF NEW YORK ________________________________________________________________________ 291 2023-2024 Regular Sessions IN ASSEMBLY January 4, 2023 ___________ Introduced by M. of A. WALKER -- Multi-Sponsored by -- M. of A. COOK, SIMON -- read once and referred to the Committee on Judiciary AN ACT to amend the county law, the real property actions and proceedings law, the vehicle and traffic law, the state finance law and the judiciary law, in relation to enacting the "NY Civil Gideon Act" The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as the "New York 2 Civil Gideon act". 3 § 2. The county law is amended by adding a new article 18-C to read as 4 follows: 5 ARTICLE 18-C 6 REPRESENTATION OF PERSONS IN CIVIL MATTERS 7 Section 723. Legislative findings. 8 723-a. Civil right to counsel commission. 9 723-b. Lead agency for civil right to counsel. 10 723-c. Assigned counsel for civil matters review panel. 11 723-d. Compensation and reimbursement. 12 § 723. Legislative findings. The legislature hereby finds and declares 13 as follows: 14 1. Every year, at least eighty percent of the civil legal needs of low 15 income New Yorkers go unmet. 16 2. These legal needs often concern matters pertaining to the essen- 17 tials of life including shelter, food, employment, health, and family 18 sustainability. 19 3. The lack of available civil legal assistance undermines comprehen- 20 sive assistance for crime victims. 21 4. The lack of civil legal services to resolve a family's legal prob- 22 lems often disrupts the children and young adults' education, frequently 23 with a permanent impact. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00995-01-3
A. 291 2 1 5. The lack of civil legal services can worsen chronic health problems 2 often increasing the cost of medical care. 3 6. The lack of civil legal services can result in homelessness not 4 only affecting the individual families but also destabilizing entire 5 neighborhoods. 6 7. In light of these trying economic times, the need for civil legal 7 services has increased beyond individuals below the federal poverty 8 guidelines to homeowners and other middle income New Yorkers that 9 provide the foundation for New York's economy. 10 8. The substantial number of unrepresented litigants in civil legal 11 matters adversely impacts the quality of justice for all parties in the 12 courts of New York state, increases the amount of litigation, and under- 13 mines the rule of law. 14 9. It has been found that when a society is unable to meet their basic 15 human needs it is in an ongoing state of emergency. 16 10. The unmet need for civil legal assistance in the state is 17 profoundly impacting vulnerable New Yorkers and costing taxpayers 18 millions of dollars by increasing homelessness, failing to prevent 19 domestic violence, and increasing poverty. 20 11. In order to address this emergency, this legislature finds that a 21 right to counsel in certain civil matters is imperative. 22 § 723-a. Civil right to counsel commission. 1. There is hereby estab- 23 lished the civil right to counsel commission. The commission shall be 24 composed of eleven members. 25 2. a. The members of the commission shall be appointed as follows: 26 (i) one member shall be appointed by the governor and shall be an 27 attorney with expertise in civil legal services; 28 (ii) one member shall be appointed by the temporary president of the 29 senate; 30 (iii) one member shall be appointed by the speaker of the assembly; 31 (iv) one member shall be appointed by the minority leader of the 32 assembly; 33 (v) one member shall be appointed by the minority leader of the 34 senate; 35 (vi) two members shall be appointed by the chief judge of the court of 36 appeals; 37 (vii) one member shall be appointed by the association of counties; 38 (viii) one member shall be appointed by the mayor of the city of New 39 York and shall be an attorney who has provided civil legal services for 40 at least five years; 41 (ix) one member shall be appointed by the governor, from a list of no 42 more than two nominees submitted by the chief administrator of the 43 courts, each of whom shall be a judge or justice, or retired judge or 44 justice, who was elected to the supreme, county or family court, or 45 appointed to the criminal court or family court in the city of New York, 46 and has substantial experience presiding as such a judge or justice in 47 trial matters before such court; and 48 (x) one member shall be appointed by the New York state bar associ- 49 ation. 50 b. All members of the commission shall be residents of the state of 51 New York. 52 c. The members of the commission shall serve terms of four years. All 53 members shall serve until their successors are appointed. Vacancies on 54 the commission shall be filled for the remainder of the term in the 55 manner provided for by the original appointment.
A. 291 3 1 d. The members of the commission shall receive no compensation for 2 their services, but shall be allowed their actual and necessary expenses 3 incurred in the performance of their duties. 4 e. Notwithstanding any inconsistent provisions of law, no officer or 5 employee of the state or any civil division thereof shall be deemed to 6 have forfeited or shall forfeit his or her office or employment by 7 reason of his or her acceptance of membership on the commission. 8 f. The commission shall meet at least once per year. 9 g. A majority of the members of the commission shall constitute a 10 quorum. 11 h. The chief judge of the court of appeals, or his or her designee, 12 shall serve as a non-voting ex-officio member of the commission. 13 i. Appointment to the commission shall be filed by the chief judge of 14 the court of appeals, who shall convene the first meeting of the commis- 15 sion following the filing of the majority of appointments. At the 16 initial meeting the members shall elect officers. 17 3. The commission shall submit to the governor, temporary president of 18 the senate, speaker of the assembly and the chief judge of the court of 19 appeals an annual report on or before the anniversary date of the 20 commission's first meeting. Such report shall contain all pertinent data 21 for the prior twelve months on the operation of the commission including 22 the number of assigned counsel in each county, the number of cases 23 assigned, the number of cases resolved, recommendations for additional 24 attorneys, if necessary, the cost of operation and financial assistance 25 to localities. Such report shall also include the proposed budget for 26 the succeeding twelve months including funds for financial assistance to 27 localities. 28 § 723-b. Lead agency for civil right to counsel. 1. Representation 29 for persons in civil matters shall be a partnership between the courts 30 and all qualified legal services providers, bar associations and private 31 organizations. 32 2. The legal services providers shall serve as the lead agency for 33 case assessment and direction under this article and furthermore shall: 34 a. be the central point of contact for receipt of referrals for legal 35 representation; 36 b. make determinations of eligibility based on uniform criteria; 37 c. be responsible for providing representation to the clients or 38 referring the matter to one of the organizations or individual providers 39 with whom the lead legal services agency contracts to provide the 40 service; and 41 d. to the extent practical, identify and make use of pro bono services 42 in order to maximize available services efficiently and economically. 43 3. Recognizing that not all indigent parties can be afforded represen- 44 tation, even when they have meritorious cases, the court partner shall, 45 as a corollary to the services provided by the lead legal services agen- 46 cy, be responsible for providing procedures, personnel, training, and 47 case management and administration practices that reflect best practices 48 to ensure unrepresented parties meaningful access to justice and to 49 guard against the involuntary waiver of rights, as well as to encourage 50 fair and expeditious voluntary dispute resolution, consistent with prin- 51 ciples of judicial neutrality. 52 4. The participating legal services agency shall be selected by the 53 judicial council. 54 a. The judicial council shall be made up of one administrative judge 55 from each judicial district. There shall be at least one legal services 56 agency chosen for each judicial district.
A. 291 4 1 b. The judicial council shall assess the applicants' capacity for 2 success, innovation, and efficiency, including, but not limited to, the 3 likelihood that the agency would deliver quality representation in an 4 effective manner that would meet critical needs in the community and 5 address the needs of the court with regard to access to justice and 6 calendar management, and the unique local unmet needs for representation 7 in the community. 8 c. Agencies approved pursuant to this section shall initially be 9 authorized for a three-year period, commencing on the effective date of 10 this section and subject to renewal for a period to be determined by the 11 judicial council, in consultation with the participating agency in light 12 of the agency's capacity and success. After the initial three-year peri- 13 od, the judicial council shall distribute any future funds available as 14 the result of the termination or nonrenewal of an agency pursuant to the 15 process set forth in this subdivision. 16 d. Agencies shall be selected on the basis of whether, in the cases 17 proposed for service, the persons to be assisted are likely to be 18 opposed by a party who is represented by counsel. The judicial council 19 shall also consider the following factors in selecting the agencies: 20 (i) the likelihood that representation in the proposed case type tends 21 to affect whether a party prevails or otherwise obtains a significantly 22 more favorable outcome in a matter in which they would otherwise 23 frequently have judgment entered against them or suffer the deprivation 24 of the basic human need at issue; 25 (ii) the likelihood of reducing the risk of erroneous decisions; 26 (iii) the nature and severity of potential consequences for the unrep- 27 resented party regarding the basic human need at stake if representation 28 is not provided; 29 (iv) whether the provision of legal services may eliminate or reduce 30 the potential need for and cost of public social services regarding the 31 basic human need at stake for the client and others in the client's 32 household; 33 (v) the unmet need for legal services in the geographic area to be 34 served; and 35 (vi) the availability and effectiveness of other types of court 36 services, such as self-help. 37 e. Each applicant shall do the following: 38 (i) identify the nature of the partnership between the court and the 39 other agencies or other providers that would work within the project; 40 (ii) describe the referral protocols to be used, the criteria that 41 would be employed in case assessment, why those cases were selected, the 42 manner to address conflicts without violating any attorney-client privi- 43 lege when adverse parties are seeking representation through the 44 project, and the means for serving potential clients who need language 45 assistance within the court system; and 46 (iii) describe how the project would be administered, including how 47 the data collection requirements would be met without causing an undue 48 burden on the courts, clients, or the providers, the particular objec- 49 tives of the project, strategies to evaluate their success in meeting 50 those objectives, and the means by which the project would serve the 51 particular needs of the community, such as by providing representation 52 to limited-English-speaking clients, the elderly and the disabled. 53 5. To ensure the most effective use of the funding available, the lead 54 legal services agency shall serve as a hub for all referrals, and the 55 point at which decisions are made about which referrals will be served 56 and by whom. Referrals shall emanate from the court, as well as from the
A. 291 5 1 other agencies providing services through the program, and shall be 2 directed to the lead legal services agency for review. That agency, or 3 another agency or attorney in the event of conflict, shall collect the 4 information necessary to assess whether the case should be served. In 5 performing that case assessment, the agency shall determine the relative 6 need for representation of the litigant, including all of the following: 7 a. case complexity; 8 b. whether the opposing party is represented; 9 c. the adversarial nature of the proceeding; 10 d. the availability and effectiveness of other types of services, such 11 as self-help, in light of the potential client and the nature of the 12 case; 13 e. barriers to access due to language; 14 f. barriers to access due to disability; 15 g. barriers to access due to literacy; 16 h. the merits of the case; 17 i. the nature and severity of potential consequences for the potential 18 client if representation is not provided; and 19 j. whether the provision of legal services may eliminate or reduce the 20 need for and cost of public social services for the potential client and 21 others in the potential client's household. 22 6. The decision and level of representation should be made at the sole 23 discretion of the lead agency, organization, or attorney based on the 24 factors set forth above. 25 7. If both parties to a dispute are financially eligible for represen- 26 tation, each proposal shall ensure that representation for both sides is 27 evaluated. In these and other cases in which conflict issues arise, the 28 lead legal services agency shall have referral protocols with other 29 agencies and providers, such as a private attorney panel, to address 30 those conflicts. 31 8. Each lead agency, organization, or attorney shall be responsible 32 for keeping records on the referrals accepted and those not accepted for 33 representation, and the reasons for each, in a manner that does not 34 violate any privileged communications between the agency and the 35 prospective client. Each lead agency, organization or attorney shall be 36 provided with standardized data collection tools to be determined by the 37 commission, and required to track case information for each referral to 38 allow the evaluation to measure the number of cases served, the level of 39 service required, and the outcomes for the clients in each case. In 40 addition to this information on the effect of the representation on the 41 clients, data shall be collected regarding the outcomes for the trial 42 courts. This data shall be compiled in a report to be submitted to the 43 commission on a quarterly basis. 44 § 723-c. Assigned counsel for civil matters review panel. 1. There is 45 hereby established the assigned counsel for civil matters review panel. 46 2. a. The review panel shall be composed of at least sixteen members, 47 to be appointed as follows: 48 (i) Attorney-in-Chief for the Legal Aid Society or his/her represen- 49 tative; 50 (ii) Chair of Legal Services NYC or his/her representative; 51 (iii) Executive Director of Legal Services of the Hudson Valley or 52 his/her representative; 53 (iv) Executive Director of the Legal Aid Society of Northeastern NY or 54 his/her representative; 55 (v) Executive Director of the Western NY Law Center or his/her repre- 56 sentative;
A. 291 6 1 (vi) President of the Empire Justice Center or his/her representative; 2 (vii) Executive Director of the New York Lawyers for the Public Inter- 3 est or his/her representative; 4 (viii) The President of the New York legal assistance group or his/her 5 representative; 6 (ix) Executive Director of Lambda Legal or his/her representative; 7 (x) The immediate past President of the New York State Bar Association 8 or a representative appointed by the association; 9 (xi) The immediate past President of the Network of Bar Leaders or 10 his/her representative; 11 (xii) The immediate past President of the Women's Bar Association of 12 the State of New York or his/her representative; 13 (xiii) The immediate past President of the Metropolitan Black Bar 14 Association or his/her representative; 15 (xiv) The immediate past President of the New York State Director of 16 the Fund for Modern Courts or his/her representative; 17 (xv) Executive Director of the Iola Fund of the State of New York or 18 his/her representative; and 19 (xvi) One representative from the National Coalition for a Civil Right 20 to Counsel. 21 b. The members of the review panel shall serve terms of four years. 22 All members shall serve until their successors are appointed. Vacancies 23 on the review panel shall be filled for the remainder of the term in the 24 manner provided for by the original appointment. 25 c. The members of the review panel shall receive no compensation for 26 their services, but shall be allowed their actual and necessary expenses 27 incurred in the performance of their duties. 28 d. Notwithstanding any inconsistent provisions of law, no officer or 29 employee of the state or any civil division thereof shall be deemed to 30 have forfeited or shall forfeit his or her office or employment by 31 reason of his or her acceptance of membership on the review panel. 32 e. A majority of the members of the review panel shall constitute a 33 quorum. 34 f. The members of the review panel may participate in a meeting of 35 such review panel by means of a conference telephone or similar communi- 36 cations equipment allowing all persons participating in the meeting to 37 hear each other at the same time; participation by such means shall 38 constitute presence in person at such meeting. 39 3. The purpose of the panel is to ensure that quality representation 40 is provided under this article. This includes processing complaints 41 against attorneys assigned under this article, establishing the proper 42 remedy for aggrieved parties, attorney admission as assigned counsel, 43 attorney training, and all other procedures the review panel finds 44 necessary to achieve its goal. Nothing in this article shall prevent 45 any investigation under the New York state unified court system rules of 46 professional conduct or otherwise. 47 4. The review panel may work together with the civil right to counsel 48 commission to achieve the common goals of this article. 49 5. a. The chief judge of the court of appeals and the review panel 50 appointees shall convene the review panel and create a plan outlining 51 the procedure and guidelines to govern the panel and assigned counsel 52 program in accordance with the goal of providing quality civil legal 53 representation. The chief judge of the court of appeals shall consult 54 with the administrative judges of each judicial district to receive 55 guidance on the needs of each district. 56 b. The guidelines shall include but not be limited to:
A. 291 7 1 (i) meeting requirements of the panel; 2 (ii) standards of quality representation; 3 (iii) training necessary to provide civil assigned counsel represen- 4 tation; 5 (iv) content for the complaint form for a grievance against an agency 6 or attorney assigned as civil assigned counsel; 7 (v) a grievance procedure; and 8 (vi) establishing possible remedies for those found to be aggrieved. 9 § 723-d. Compensation and reimbursement. 1. All counsel assigned in 10 accordance with a plan of the court, other organization, or a bar asso- 11 ciation conforming to the requirements of this article whereby the 12 services of private counsel are rotated and coordinated by an adminis- 13 trator shall at the conclusion of the representation receive: 14 a. for real property proceedings no less than fifty dollars per hour; 15 b. for cases involving health no less than fifty dollars per hour; 16 c. for cases involving license revocation or suspension no less than 17 fifty dollars per hour; 18 d. for cases involving sustenance no less than sixty dollars per hour; 19 and 20 e. for cases involving children no less than sixty dollars per hour. 21 2. For the purposes of this section: 22 a. real property proceedings shall include sections seven hundred 23 eleven, seven hundred thirteen, seven hundred thirteen-a, five hundred 24 one, one thousand ninety-three, thirteen hundred three and article thir- 25 teen of the real property actions and proceedings law; 26 b. cases involving health shall include article forty-nine of the 27 public health law; 28 c. cases involving license revocation or suspension shall include 29 sections two hundred twenty-seven, two hundred forty-two and two hundred 30 sixty-one of the vehicle and traffic law; 31 d. cases involving sustenance shall include sections one hundred nine- 32 ty-six-a, five hundred thirty-eight, six hundred twenty, six hundred 33 twenty-one, six hundred twenty-four, six hundred sixty-three and six 34 hundred eighty-one of the labor law, sections twenty-two and three 35 hundred sixty-five of the social services law and rule three hundred 36 five and article seventy-eight of the civil practice law and rules; 37 e. cases involving children shall include article four of the family 38 court act. 39 3. For all representation, compensation and reimbursement shall 40 include reimbursement for reasonably incurred expenses. 41 4. Compensation for representation in such cases shall be guided by 42 the minimum amounts set forth above. The compensation minimums are set 43 for counsel only, not support or administrative staff work. Work for 44 support or administrative staff should be set by individual counsel, 45 firm, or organization and should be set at a lower rate than compen- 46 sation for counsel. 47 5. There shall be no differential in compensation rate for out of 48 court time expended and in court time expended. Rates should be set at 49 the minimum stated above or higher based on the complexity of the case 50 and expertise of the attorney. Such rates shall be subject to the 51 approval of the court of jurisdiction based on the complexity of the 52 case, expertise of the attorney, the market, and any other factors the 53 court deems just and appropriate. 54 6. There should be no cap on the amount of compensation or reimburse- 55 ment received for representation. The amount of compensation and 56 reimbursement is subject to court approval as described above.
A. 291 8 1 7. Compensation and reimbursement for appeal shall be fixed by the 2 appellate court not to be below the rates set forth in this section. 3 8. In extraordinary circumstances a trial or appellate court may 4 provide for payment of compensation and reimbursement for expenses 5 before the completion of the representation upon application. 6 § 3. The opening paragraph of section 722 of the county law, as 7 amended by chapter 7 of the laws of 2007, is amended to read as follows: 8 The governing body of each county and the governing body of the city 9 in which a county is wholly contained shall place in operation through- 10 out the county a plan for providing counsel to persons charged with a 11 crime or who are entitled to counsel pursuant to section two hundred 12 sixty-two or section eleven hundred twenty of the family court act, 13 article six-C of the correction law, section four hundred seven of the 14 surrogate's court procedure act or article ten of the mental hygiene 15 law, who are financially unable to obtain counsel. The governing body of 16 each county and the governing body of the city in which a county is 17 wholly contained shall also place in operation throughout the county a 18 plan for providing counsel to financially unable persons in civil 19 proceedings under this section, sections one hundred ninety-six-a, five 20 hundred thirty-eight, six hundred twenty, six hundred twenty-one, six 21 hundred twenty-four, six hundred sixty-three and six hundred eighty-one 22 of the labor law, sections twenty-two and three hundred five of the 23 social services law, where there is a revocation or suspension issued 24 pursuant to sections two hundred twenty-seven, two hundred forty-two and 25 two hundred sixty-one of the vehicle and traffic law, article forty-nine 26 of the public health law, sections seven hundred eleven, seven hundred 27 thirteen, seven hundred thirteen-a, five hundred one, one thousand nine- 28 ty-three, section thirteen hundred three and article thirteen of the 29 real property actions and proceedings law, rule three hundred five and 30 article seventy-eight of the civil practice law and rules and article 31 four of the family court act. For the purposes of this section the terms 32 "financially unable" and "low income" shall mean an individual who is at 33 or below two hundred percent of the federal poverty guidelines. Each 34 plan shall also provide for investigative, expert and other services 35 necessary for an adequate defense. The plan shall conform to one of the 36 following: 37 § 4. Subdivision 3 of section 1303 of the real property actions and 38 proceedings law, as amended by section 5 of part Q of chapter 73 of the 39 laws of 2016, is amended to read as follows: 40 3. The notice to any mortgagor required by paragraph (a) of subdivi- 41 sion one of this section shall appear as follows: 42 Help for Homeowners in Foreclosure 43 New York State Law requires that we send you this notice about the 44 foreclosure process. Please read it carefully. 45 Summons and Complaint 46 You are in danger of losing your home. If you fail to respond to the 47 summons and complaint in this foreclosure action, you may lose your 48 home. Please read the summons and complaint carefully. You should imme- 49 diately contact an attorney or your local legal aid office to obtain 50 advice on how to protect yourself. 51 Sources of Information and Assistance 52 The State encourages you to become informed about your options in 53 foreclosure. In addition to seeking assistance from an attorney or legal 54 aid office, there are government agencies and non-profit organizations 55 that you may contact for information about possible options, including 56 trying to work with your lender during this process. You may be enti-
A. 291 9 1 tled to assigned counsel if you are financially unable to obtain repre- 2 sentation. 3 To locate an entity near you, you may call the toll-free helpline 4 maintained by the New York State Department of Financial Services at 5 (enter number) or visit the Department's website at (enter web address). 6 Rights and Obligations 7 YOU ARE NOT REQUIRED TO LEAVE YOUR HOME AT THIS TIME. You have the right 8 to stay in your home during the foreclosure process. You are not 9 required to leave your home unless and until your property is sold at 10 auction pursuant to a judgment of foreclosure and sale. 11 Regardless of whether you choose to remain in your home, YOU ARE 12 REQUIRED TO TAKE CARE OF YOUR PROPERTY and pay property taxes in accord- 13 ance with state and local law. 14 Foreclosure rescue scams 15 Be careful of people who approach you with offers to "save" your home. 16 There are individuals who watch for notices of foreclosure actions in 17 order to unfairly profit from a homeowner's distress. You should be 18 extremely careful about any such promises and any suggestions that you 19 pay them a fee or sign over your deed. State law requires anyone offer- 20 ing such services for profit to enter into a contract which fully 21 describes the services they will perform and fees they will charge, and 22 which prohibits them from taking any money from you until they have 23 completed all such promised services. 24 § 5. Section 722-c of the county law, as amended by section 3 of part 25 J of chapter 62 of the laws of 2003, is amended to read as follows: 26 § 722-c. Services other than counsel. Upon a finding in an ex parte 27 proceeding that investigative, expert or other services are necessary 28 and that the defendant or other person described in section two hundred 29 forty-nine or section two hundred sixty-two of the family court act, 30 article six-C of the correction law [or], section four hundred seven of 31 the surrogate's court procedure act, section seven hundred twenty-two of 32 this article, sections one hundred ninety-six-a, five hundred thirty- 33 eight, six hundred twenty, six hundred twenty-one, six hundred twenty- 34 four, six hundred sixty-three and six hundred eighty-one of the labor 35 law, sections twenty-two and three hundred five of the social services 36 law, where there is a revocation or suspension issued pursuant to 37 sections two hundred twenty-seven, two hundred forty-two and two hundred 38 sixty-one of the vehicle and traffic law, article forty-nine of the 39 public health law, sections seven hundred eleven, seven hundred thir- 40 teen, seven hundred thirteen-a, five hundred one, one thousand ninety- 41 three, thirteen hundred three and article thirteen of the real property 42 actions and proceedings law, rule three hundred five and article seven- 43 ty-eight of the civil practice law and rules, and article four of the 44 family court act, is financially unable to obtain them, the court shall 45 authorize counsel, whether or not assigned in accordance with a plan, to 46 obtain the services on behalf of the defendant or such other person. The 47 court upon a finding that timely procurement of necessary services could 48 not await prior authorization may authorize the services nunc pro tunc. 49 The court shall determine reasonable compensation for the services and 50 direct payment to the person who rendered them or to the person entitled 51 to reimbursement. [Only in extraordinary circumstances may the court 52 provide for compensation in excess of one thousand dollars per investi- 53 gative, expert or other service provider.] 54 Each claim for compensation shall be supported by a sworn statement 55 specifying the time expended, services rendered, expenses incurred and
A. 291 10 1 reimbursement or compensation applied for or received in the same case 2 from any other source. 3 § 6. Section 227 of the vehicle and traffic law is amended by adding a 4 new subdivision 7 to read as follows: 5 7. A financially unable person who is charged with an offense punisha- 6 ble by a revocation or suspension of his or her drivers' license where 7 the person is dependent on driving for their employment or where there 8 is a lack of public transportation in the person's surrounding area 9 shall have a right to assigned counsel by the court. Assignment of coun- 10 sel under this section shall be implemented as provided in article eigh- 11 teen-C of the county law. For the purposes of this section the term 12 "financially unable" shall mean an individual who is at or below two 13 hundred percent of the federal poverty guidelines. 14 § 7. Section 261 of the vehicle and traffic law is amended by adding a 15 new subdivision 5 to read as follows: 16 5. Assignment of counsel. A financially unable person who is charged 17 with an offense punishable by a revocation or suspension of his or her 18 drivers' license where the person is dependent on driving for their 19 employment or where there is a lack of public transportation in the 20 person's surrounding area shall have a right to assigned counsel by the 21 court. Assignment of counsel under this section shall be implemented as 22 provided in article eighteen-C of the county law. For the purposes of 23 this section the term "financially unable" shall mean an individual who 24 is at or below two hundred percent of the federal poverty guidelines. 25 § 8. The state finance law is amended by adding a new section 98-d to 26 read as follows: 27 § 98-d. Civil Gideon assistance fund. 1. There is hereby established 28 in the joint custody of the comptroller, office of court administration 29 and the commissioner of taxation and finance a special fund to be known 30 as the civil Gideon assistance fund. 31 2. Such fund shall consist of all moneys appropriated for the purpose 32 of such fund, all other moneys required to be paid into or credited to 33 such fund, and all moneys received by the fund or donated to it. 34 3. A one-time surcharge of seventy-five dollars shall be added to the 35 biennial attorney fees to be added to this fund, as set forth in section 36 four hundred sixty-eight-a of the judicial law. 37 (a) The purpose of such fund shall be to: (i) assist counties and, in 38 the case of a county wholly contained within a city, such city, in 39 providing legal representation for persons who are financially unable to 40 afford counsel pursuant to article eighteen-C of the county law; (ii) 41 assist the state, in improving the quality of civil legal services 42 addressing the essentials of life and funding representation provided by 43 assigned counsel paid in accordance with section thirty-five of the 44 judiciary law; (iii) provide support for the operations, duties, respon- 45 sibilities and expenses for the right to civil representation commission 46 and panel established, respectively, pursuant to this article; and (iv) 47 provide funding for legal representation as described herein. 48 (b) State funds received by a county or city from such fund shall be 49 used to supplement and not supplant any local funds which such county or 50 city would otherwise have had to expend for the provision of counsel and 51 expert, investigative and other services pursuant to article eighteen-C 52 of the county law. All such state funds received by a county or city 53 shall be used to improve the quality of services provided pursuant to 54 article eighteen-C of the county law. 55 (c) As used in this section, "local funds" shall mean all funds appro- 56 priated or allocated by a county or, in the case of a county wholly
A. 291 11 1 contained within a city, such city, for services and expenses in accord- 2 ance with article eighteen-C of the county law, other than funds 3 received from: (i) the federal government or the state; or (ii) a 4 private source, where such city or county does not have authority or 5 control over the payment of such funds by such private source. 6 3. Amounts distributed from such fund shall be limited to amounts 7 deemed appropriate by the office of court administration and shall be 8 distributed proportionately by level of need at the court's discretion. 9 (a) For all state fiscal years, each county and the city of New York, 10 shall receive ninety percent of the amount paid to such county in the 11 previous fiscal year. 12 (b) Remaining amounts within such fund, after accounting for annual 13 payments required in this section shall be distributed in accordance 14 with sections eight hundred thirty-two and eight hundred thirty-three of 15 the executive law. 16 § 9. Subdivision 5 of section 468-a of the judiciary law is renumbered 17 subdivision 6 and a new subdivision 5 is added to read as follows: 18 5. A one-time surcharge of seventy-five dollars shall be added to the 19 biennial attorney fees to be allocated to and be deposited into a fund 20 established pursuant to the provisions of article eighteen-C of the 21 county law. Such surcharge shall be assessed to every attorney in the 22 same manner as the biennial fee described in subdivision one of this 23 section. 24 § 10. This act shall take effect immediately, and the appointment of 25 members to the civil right to counsel commission and the assigned coun- 26 sel for civil matters review panel shall be completed within 90 days of 27 such effective date.