STATE OF NEW YORK ________________________________________________________________________ 1154 2025-2026 Regular Sessions IN ASSEMBLY January 9, 2025 ___________ Introduced by M. of A. SEAWRIGHT -- read once and referred to the Committee on Judiciary AN ACT to amend the family court act, in relation to the timing of proceedings; to amend the county law and the judiciary law, in relation to the compensation of assigned counsel; and to amend the civil practice law and rules, in relation to authorizing a trial by jury in family court for trying matters of fact The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The family court act is amended by adding a new section 2 169-a to read as follows: 3 § 169-a. Proceedings; transcript. In any proceeding or hearing 4 commenced pursuant to the social services law in which the family court 5 has exercised jurisdiction or pursuant to this chapter, all transcripts 6 of such proceedings or hearings shall be provided to each party to the 7 case within five days of such proceeding or hearing. 8 § 2. Section 249-b of the family court act is amended by adding a new 9 subdivision (c) to read as follows: 10 (c) 1. On or before the tenth day of the month next succeeding the 11 month in which any activities or communications occurred, all attorneys 12 for children shall submit un-redacted copies of invoices submitted for 13 pay to the parties of the respective cases and to the court. Failure to 14 submit such invoices shall result in nonpayment of such invoices. 15 2. Attorneys for children shall meet monthly with both parents or 16 guardians and submit a report, including, but not limited to each meet- 17 ing, the non-confidential, substantive portion of any meetings and any 18 communications with the parties and the child or children. 19 3. The attorney general shall establish a procedure for any party to 20 file a complaint for any violation by an attorney for children. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03151-01-5
A. 1154 2 1 § 3. Subdivisions 1 and 2 of section 722-b of the county law, as 2 amended by section 1 of part GG of chapter 56 of the laws of 2023, are 3 amended to read as follows: 4 1. All counsel assigned in accordance with a plan of a bar association 5 conforming to the requirements of section seven hundred twenty-two of 6 this article whereby the services of private counsel are rotated and 7 coordinated by an administrator shall at the conclusion of the represen- 8 tation receive for representation of a person in all cases governed by 9 this article, including all representation in an appellate court, 10 compensation at a rate of [one] two hundred [fifty-eight] dollars per 11 hour for time expended in court before a magistrate, judge or justice 12 and [one] two hundred [fifty-eight] dollars per hour for time reasonably 13 expended out of court, and shall receive reimbursement for expenses 14 reasonably incurred. Counsels shall provide the party to whom the 15 attorneys represent, with a copy of their itemized, nonredacted, 16 invoices on a monthly basis within ten days following the month in which 17 services are incurred. 18 2. Except as provided in subdivision three of this section, compen- 19 sation for time expended in providing representation pursuant to subdi- 20 vision one of this section shall not exceed [ten] twenty thousand 21 dollars. 22 § 4. Subdivision 3 of section 35 of the judiciary law, as amended by 23 section 3 of part GG of chapter 56 of the laws of 2023, is amended to 24 read as follows: 25 3. a. No counsel assigned pursuant to this section shall seek or 26 accept any fee for representing the person for whom [he or she] such 27 counsel is assigned without approval of the court as herein provided. 28 Whenever it appears that such person is financially able to obtain coun- 29 sel or make partial payment for the representation, counsel may report 30 this fact to the court and the court may terminate the assignment or 31 authorize payment, as the interests of justice may dictate, to such 32 counsel. Counsel assigned hereunder shall at the conclusion of the 33 representation receive compensation at a rate of [one] two hundred 34 [fifty-eight] dollars per hour for time expended in court, and [one] two 35 hundred [fifty-eight] dollars per hour for time reasonably expended out 36 of court, and shall receive reimbursement for expenses reasonably 37 incurred. 38 b. For representation upon a hearing, compensation and reimbursement 39 shall be fixed by the court wherein the hearing was held and such 40 compensation shall not exceed [ten] twenty thousand dollars. For repre- 41 sentation in an appellate court, compensation and reimbursement shall be 42 fixed by such court and such compensation shall not exceed [ten] twenty 43 thousand dollars. In extraordinary circumstances the court may provide 44 for compensation in excess of the foregoing limits. 45 § 5. The civil practice law and rules is amended by adding a new 46 section 4101-a to read as follows: 47 § 4101-a. Determination of factual issue; family court. 1. Notwith- 48 standing any other provision of law, any party involved in a dispute 49 before the family court shall have the right to request a trial by jury 50 for determination of any factual issue. Such a right shall be invoked in 51 accordance with procedures established by the appropriate judicial 52 authority, but in no event shall a party be denied this right if 53 requested in a timely manner. 54 2. The selection and composition of the jury for family court cases 55 shall be consistent with the processes pursuant to this article.
A. 1154 3 1 3. In cases where a trial by jury is requested, the jury's role shall 2 be limited to making factual determinations. Legal conclusions, and the 3 application of those facts to the relevant laws and standards, shall 4 remain within the discretion of the presiding judge. 5 4. The presiding judge shall provide the jury with clear instructions 6 concerning the factual issues they are to decide, ensuring that any 7 determination aligns with the best interests of any involved minors or 8 other relevant legal standards. 9 5. The office of court administration, in consultation with stakehold- 10 ers including, but not limited to, family law practitioners, child 11 welfare experts, and other relevant parties, shall develop and implement 12 guidelines and procedures for ensuring the right to a trial by jury in 13 family court proceedings. 14 § 6. This act shall take effect on the one hundred eightieth day after 15 it shall have become a law. Effective immediately, the addition, amend- 16 ment and/or repeal of any rule or regulation necessary for the implemen- 17 tation of this act on its effective date are authorized to be made and 18 completed on or before such effective date.