2023 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 developmental
  disability 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  developmentally  disabled,  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. a. 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 one hundred fifty-eight dollars per
  hour for time expended in court, and one hundred fifty-eight dollars per
  hour for time reasonably  expended  out  of  court,  and  shall  receive
  reimbursement for expenses reasonably incurred.
b.  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 ten thousand dollars. For representation
  in an appellate court, compensation and reimbursement shall be fixed  by
  such  court and such compensation shall not exceed ten thousand 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  their  services,  receive  reimbursement  for
  expenses  reasonably  incurred  and  reasonable  compensation  for  such
  services, to be fixed by the court. Such compensation shall  not  exceed
  three  thousand  dollars, 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.