NY Jud L § 35 (2021)
2021 New York Laws JUD - Judiciary Article 2 - General Provisions Relating to Courts and Judges 35 - Assignment of Counsel to Indigent Persons and Appointment of Physicians in Certain Proceedings.

§  35.  Assignment  of  counsel to indigent persons and appointment of   physicians in certain proceedings. 1. a. When a court orders  a  hearing   in  a  proceeding upon a writ of habeas corpus to inquire into the cause   of detention of a person in custody in a state institution, or  when  it   orders a hearing in a civil proceeding to commit or transfer a person to   or  retain  him in a state institution when such person is alleged to be   mentally ill, mentally defective or a narcotic addict, or when it orders   a hearing for the commitment of the guardianship and custody of a  child   to  an  authorized  agency  by  reason  of  the mental illness or mental   retardation of a parent, or  when  it  orders  a  hearing  to  determine   whether consent to the adoption of a child shall be required of a parent   who  is  alleged  to  be  mentally  ill or mentally retarded, or when it   orders a hearing to determine the best interests of  a  child  when  the   parent  of the child revokes a consent to the adoption of such child and   such revocation is opposed or in any adoption or custody  proceeding  if   it  determines  that  assignment of counsel in such cases is mandated by   the constitution of this state or of the United States,  the  court  may   assign  counsel  to  represent such person if it is satisfied that he is   financially unable to obtain counsel. Upon an appeal taken from an order   entered in any such proceeding, the appellate court may  assign  counsel   to  represent  such person upon the appeal if it is satisfied that he is   financially unable to obtain counsel.b. Upon an appeal in a criminal action  or  in  a  proceeding  in  the   family  court  or  surrogate's  court  wherein  the  defendant or person   entitled to counsel pursuant to the  family  court  act  or  surrogate's   court  procedure act, is financially unable to obtain counsel, the court   of appeals or the appellate division of the  supreme  court  may  assign   counsel  other  than  in  the  manner  as is prescribed in section seven   hundred twenty-two of the county law only  when  it  is  satisfied  that   special circumstances require such assignment.2.  The  chief administrator of the courts may enter into an agreement   with a legal aid society for the society to provide assigned counsel  in   the  proceedings  specified  in  subdivision  one  of  this section. The   agreement shall be in a form approved by  the  chief  administrator  and   shall  provide a general plan for a program of assigned counsel services   to be provided by such society. It shall also provide that  the  society   shall be reimbursed on a cost basis for services rendered.3.  No  counsel assigned pursuant to this section shall seek or accept   any fee for representing the person for  whom  he  or  she  is  assigned   without  approval  of  the court as herein provided. Whenever it appears   that such person is financially able to obtain counsel or  make  partial   payment  for  the  representation,  counsel  may report this fact to the   court and the court may terminate the assignment or  authorize  payment,   as  the  interests  of  justice  may  dictate,  to such counsel. Counsel   assigned hereunder shall at the conclusion of the representation receive   compensation at a  rate  of  seventy-five  dollars  per  hour  for  time   expended in court, and seventy-five dollars per hour for time reasonably   expended  out  of  court,  and  shall receive reimbursement for expenses   reasonably incurred. For representation upon a hearing, compensation and   reimbursement shall be fixed by the court wherein the hearing  was  held   and  such  compensation  shall  not  exceed  four  thousand four hundred   dollars. For representation in  an  appellate  court,  compensation  and   reimbursement  shall  be fixed by such court and such compensation shall   not  exceed  four  thousand  four  hundred  dollars.  In   extraordinary   circumstances  the  court  may provide for compensation in excess of the   foregoing limits.4. In any proceeding described in paragraph (a) of subdivision one  of   this  section,  when  a  person  is alleged to be mentally ill, mentally    defective or a narcotic addict, the court which ordered the hearing  may   appoint  no  more  than  two  psychiatrists,  certified psychologists or   physicians to examine and testify at the hearing upon the  condition  of   such  person.  A  psychiatrist,  psychologist  or physician so appointed   shall, upon  completion  of  his  services,  receive  reimbursement  for   expenses  reasonably  incurred  and  reasonable  compensation  for  such   services, to be fixed by the court. Such compensation shall  not  exceed   two  hundred  dollars  if one psychiatrist, psychologist or physician is   appointed,  or  an  aggregate  sum  of  three  hundred  dollars  if  two   psychiatrists, psychologists or physicians are appointed, except that in   extraordinary  circumstances  the  court may provide for compensation in   excess of the foregoing limits.4-a. In any proceeding under article ten of the  mental  hygiene  law,   the  court  which  ordered  the  hearing  may  appoint  no more than two   psychiatrists, certified psychologists  or  physicians  to  examine  and   testify   at   the   hearing  upon  the  condition  of  such  person.  A   psychiatrist,  psychologist  or  physician  so  appointed  shall,   upon   completion  of  his  or her services, receive reimbursement for expenses   reasonably incurred and reasonable compensation for such services, to be   fixed by the court in accordance with subdivision (a) of  section  10.15   of the mental hygiene law.5.  All expenses for compensation and reimbursement under this section   shall be a state charge to be paid out  of  funds  appropriated  to  the   administrative  office  for  the  courts for that purpose. Any rules and   orders respecting the assignment and compensation of  counsel,  and  the   appointment   and   compensation   of  psychiatrists,  psychologists  or   physicians  pursuant  to  this  section  and  the  form  and  manner  of   processing  of  a  claim  submitted  pursuant  to  this section shall be   adopted by the chief administrator.  Each  claim  for  compensation  and   reimbursement  pursuant  to  subdivisions three and four of this section   shall be submitted for approval to the court which made  the  assignment   or appointment, and shall be on such form as the chief administrator may   direct. After such claim is approved by the court, it shall be certified   to  the  comptroller  for  payment  by  the  state,  out  of  the  funds   appropriated for that purpose.6. Assigned counsel and guardians ad litem appointed pursuant  to  the   provisions  of  title  two  of article nine-B of the social services law   shall be compensated in accordance with the provisions of this section.7. Whenever the supreme court or a  surrogate's  court  shall  appoint   counsel in a proceeding over which the family court might have exercised   jurisdiction  had  such  action  or  proceeding been commenced in family   court or referred thereto  pursuant  to  law,  and  under  circumstances   whereby,  if  such  proceeding  were pending in family court, such court   would be authorized by section two  hundred  forty-nine  of  the  family   court  act  to  appoint an attorney for the child, such counsel shall be   compensated in accordance with the provisions of this section.8. Whenever supreme court shall exercise jurisdiction  over  a  matter   which the family court might have exercised jurisdiction had such action   or  proceeding  been  commenced  in  family  court  or  referred thereto   pursuant to law, and under circumstances whereby,  if  such  proceedings   were  pending  in  family court, such court would be required by section   two hundred sixty-two of  the  family  court  act  to  appoint  counsel,   supreme  court  shall  also  appoint  counsel  and such counsel shall be   compensated in accordance with the provisions of this section.