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| PART 127. Assignment And
Compensation Of Counsel, Psychiatrists, Psychologists And Physicians |
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127.1 Assignment & compensation of counsel,
psychiatrists . . .
127.2 Compensation of counsel . . .in extraordinary
circumstances
127.3 Compensation of counsel & other providers
in capital cases
127.4 Compensation of law guardians
127.5 Workload of the Attorney for the Child |
| Section
127.1 Assignment and Compensation of Counsel, Psychiatrists,
Psychologists, Physicians and Social Workers
(a) Assignments and appointments of counsel, psychiatrists, psychologists,
physicians and social workers shall be made
by the court in accordance with such rules as may be adopted by each Appellate
Division. Each Appellate Division may compile and maintain such lists of attorneys,
psychiatrists, psychologists, physicians and social workers as it shall deem appropriate
for the implementation of its rules. Such rules may provide that the appointment of
psychiatrists, psychologists, physicians and social workers shall be made after
consultation with the Mental Hygiene Legal Service.
(b) Each claim by assigned counsel, psychiatrist, psychologist, physician or social
worker payable from State funds for services rendered to indigent persons, pursuant to
section 35 of the Judiciary Law, shall be submitted on forms authorized by the Chief
Administrator of the Courts for approval within 45 days after completion of service to the
court which made the assignment. Upon approval, the court shall thereupon, within 15 days
after receipt, forward such claims to the appropriate Appellate Division for certification to
the Comptroller for payment.
Historical Note
Sec. filed Nov. 1, 1985; amd. filed May 6, 1991 eff. April
30, 1991.
Amended (a) & (b) on Nov 18, 2008 (old version)
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127.2 Compensation of counsel and other providers in extraordinary
circumstances.
(a) Whenever an attorney, psychiatrist, psychologist, physician or social
worker, or a person providing investigative, expert or other services, seeks compensation in
excess of the statutory limits prescribed by Article 18-B of the County Law or section 35 of
the Judiciary Law, because of extraordinary circumstances, he or she shall submit with his
or her claim a detailed affidavit stating the nature of the proceeding, the manner in which the
time was expended, the necessity therefor, and all other facts that demonstrate extraordinary
circumstances. If the claim is by an attorney, the attorney shall state the disposition of the
matter.
(b) The order of the trial judge with respect to a claim
for compensation in excess of the statutory limits may be
reviewed by the appropriate administrative judge, with or
without application, who may modify the award if it is found
that the award reflects an abuse of discretion by the trial
judge. Any order modifying a trial judge's award shall be
in writing.
(c) An application for review may be made by any person
or governmental body affected by the order.
Historical Note
Sec. filed May 6, 1991; amd. filed March 22, 2001 eff. April
16, 2001. Amended (b)-(c).
Amended (a) on Nov 18, 2008 (old version) |
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| Section
127.3 Compensation of counsel and other providers in capital
cases.
(a) Each claim for compensation and reimbursement
submitted to the court pursuant to section 35-b(9) of the
Judiciary Law by an attorney or by a provider of investigative,
expert or other services shall be supported by a sworn statement
specifying the time expended, services rendered, expenses
incurred and reimbursement or compensation applied for or
received in the same case from any other source.
(b) Attorneys eligible for awards of compensation by the
trial court pursuant to section 35-b(9) may submit vouchers
for the court's approval at such times before the case is
completed as the court in its discretion may permit.
(c) Requests for reconsideration of any order of the trial
court fixing compensation pursuant to section 35-b(9) may
be made pursuant to the procedure set forth in section 127.2
of this Part.
Historical Note
Sec. filed Aug. 20, 1996 eff. Aug. 14, 1996. |
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| Section
127.4 Compensation of law guardians.
Claims by law guardians for compensation,
expenses and disbursements pursuant to section 245 of the
Family Court Act and section 35 of the Judiciary Law shall
be determined pursuant to the rules of the appropriate Appellate
Division.
Historical Note
Sec. filed March 22, 2001 eff. April 16, 2001. |
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127.5 Workload of the Attorney for the Child
(a) Subject to adjustment based on the factors set forth in subdivision (b), the number of children represented at any given time by an attorney appointed pursuant to section 249 of the Family Court Act shall not exceed 150.
(b) For representation provided under an agreement pursuant to section 243(a) and (b) of the Family Court Act, the workload standards set forth in subdivision (a) may be adjusted based on such factors as:
(1) Differences among categories of cases that comprise the workload of the office covered by the agreement;
(2) The level of activity required at different phases of the proceeding;
(3) The weighting of different categories and phases of cases;
(4) Availability and use of support staff;
(5) The representation of multiple children in a case;
(6) Local court practice, including the duration of a case;
(7) Other relevant considerations.
(c) The administrators of offices pursuant to such agreements shall be responsible for managing resources and for allocating cases among staff attorneys to promote the effective representation of children and to ensure that the average workload of the attorneys for children in the office complies with the standards set forth in subdivision (a) as modified by subdivision (b).
(d) For representation provided by a panel of attorneys for children pursuant to section 243 (c) of the Family Court Act, the Appellate Division may adjust the workload standards of subdivision (a) to ensure the effective representation of children.
(e) The Chief Administrator of the Courts, with respect to representation pursuant to section 243(a) of the Family Court Act, and the Appellate Divisions, with respect to representation pursuant to section 243 (b) and (c) of the Family Court Act, shall annually, at the time of the preparation and submission of the judiciary budget, review the workload of such offices and panels, and shall take action to assure compliance with this rule.
Added 127.5 on April 01, 2008 |
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