STATE OF NEW YORK ________________________________________________________________________ 3636 2025-2026 Regular Sessions IN SENATE January 29, 2025 ___________ Introduced by Sens. BAILEY, BROUK, COMRIE, COONEY, HARCKHAM, HOYLMAN-SI- GAL, JACKSON, KAVANAGH, KRUEGER, LANZA, MAY, MYRIE, PALUMBO, SALAZAR, SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government AN ACT to amend the county law and the judiciary law, in relation to entitled compensation for client representation The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 722-b of the county law, as amended by section 1 of 2 part GG of chapter 56 of the laws of 2023, is amended to read as 3 follows: 4 § 722-b. Compensation and reimbursement for representation. 1. All 5 counsel assigned in accordance with a plan of a bar association conform- 6 ing to the requirements of section seven hundred twenty-two of this 7 article whereby the services of private counsel are rotated and coordi- 8 nated by an administrator shall at the conclusion of the representation 9 receive for representation of a person in all cases governed by this 10 article, including all representation in an appellate court, compen- 11 sation at a rate of one hundred fifty-eight dollars per hour for time 12 expended in court before a magistrate, judge or justice and one hundred 13 fifty-eight dollars per hour for time reasonably expended out of court, 14 and shall receive reimbursement for expenses reasonably incurred. 15 2. [Except as provided in subdivision three of this section, compen- 16 sation for time expended in providing representation pursuant to subdi- 17 vision one of this section shall not exceed ten thousand dollars.] Hour- 18 ly compensation to be received pursuant to subdivision one of this 19 section shall be subject to an annual cost of living increase. Such cost 20 of living increase shall be calculated as the current rate of inflation 21 as determined by the consumer price index, as computed by the federal 22 bureau of labor statistics. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07762-01-5
S. 3636 2 1 3. [For representation on an appeal, compensation and reimbursement 2 shall be fixed by the appellate court. For all other representation, 3 compensation and reimbursement shall be fixed by the trial court judge. 4 In extraordinary circumstances a trial or appellate court may provide 5 for compensation in excess of the foregoing limits and for payment of 6 compensation and reimbursement for expenses before the completion of the 7 representation. 8 4.] Each claim for compensation and reimbursement shall be supported 9 by a sworn statement specifying the time expended, services rendered, 10 expenses incurred and reimbursement or compensation applied for or 11 received in the same case from any other source. No counsel assigned 12 hereunder shall seek or accept any fee for representing the party for 13 whom [he or she] such counsel is assigned without approval of the court 14 as herein provided. 15 § 2. Section 722-e of the county law, as amended by section 11 of part 16 VVV of chapter 59 of the laws of 2017, is amended to read as follows: 17 § 722-e. Expenses. 1. All expenses for providing counsel and services 18 other than counsel hereunder shall be a county charge or in the case of 19 a county wholly located within a city a city charge to be paid out of an 20 appropriation for such purposes. Provided, however, that any such addi- 21 tional expenses incurred for the provision of counsel and services as a 22 result of the implementation of a plan established pursuant to subdivi- 23 sion four of section eight hundred thirty-two of the executive law, 24 including any interim steps taken to implement such plan, shall be reim- 25 bursed by the state to the county or city providing such services. Such 26 plans shall be submitted by the office of indigent legal services to the 27 director of the division of budget for review and approval. However, 28 the director's approval shall be limited solely to the plan's projected 29 fiscal impact of the required appropriation for the implementation of 30 such plan, and [his or her] such director's approval shall not be unrea- 31 sonably withheld. The state shall appropriate funds sufficient to 32 provide for the reimbursement required by this section. 33 2. All expenses for providing counsel and services pursuant to para- 34 graph (a) of subdivision one of section seven hundred twenty-two-b of 35 this article in excess of sixty dollars per hour and paragraph (b) of 36 subdivision one of section seven hundred twenty-two-b of this article in 37 excess of seventy-five dollars per hour shall be funded by the state. 38 § 3. Subdivision 3 of section 35 of the judiciary law, as amended by 39 section 3 of part GG of chapter 56 of the laws of 2023, is amended to 40 read as follows: 41 3. [a.] No counsel assigned pursuant to this section shall seek or 42 accept any fee for representing the person for whom [he or she] such 43 counsel is assigned without approval of the court as herein provided. 44 Whenever it appears that such person is financially able to obtain coun- 45 sel or make partial payment for the representation, counsel may report 46 this fact to the court and the court may terminate the assignment or 47 authorize payment, as the interests of justice may dictate, to such 48 counsel. Counsel assigned hereunder shall at the conclusion of the 49 representation receive compensation at a rate of one hundred fifty-eight 50 dollars per hour for time expended in court, and one hundred fifty-eight 51 dollars per hour for time reasonably expended out of court, and shall 52 receive reimbursement for expenses reasonably incurred. For represen- 53 tation upon a hearing, compensation and reimbursement shall be fixed by 54 the court wherein the hearing was held. 55 [b. For representation upon a hearing, compensation and reimbursement 56 shall be fixed by the court wherein the hearing was held and such
S. 3636 3 1 compensation shall not exceed ten thousand dollars. For representation 2 in an appellate court, compensation and reimbursement shall be fixed by 3 such court and such compensation shall not exceed ten thousand dollars. 4 In extraordinary circumstances the court may provide for compensation in 5 excess of the foregoing limits.] 6 § 4. Section 35 of the judiciary law is amended by adding two new 7 subdivisions 9 and 10 to read as follows: 8 9. Hourly compensation to be received pursuant to subdivision three of 9 this section shall be subject to an annual cost of living increase. Such 10 cost of living increase shall be calculated as the current rate of 11 inflation as determined by the consumer price index, as computed by the 12 federal bureau of labor statistics. 13 10. All expenses for providing counsel and services pursuant to subdi- 14 vision three of this section shall be funded by the state. 15 § 5. This act shall take effect April 1, 2027. Effective immediately, 16 the addition, amendment, and/or repeal of any rule or regulation neces- 17 sary for the implementation of this act on its effective date are 18 authorized to be made and completed on or before such effective date.