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ADMINISTRATIVE ORDER OF THE
CHIEF ADMINISTRATIVE JUDGE OF THE COURTS

Pursuant to the authority vested in me, and with the advice and consent of the Administrative Board of the Courts, I hereby amend, effective April 16, 2001, Part 127 of the Rules of the Chief Administrator of the Courts, relating to Compensation of assigned counsel, to read as follows:

Part 127. Assignment and Compensation of Counsel, Psychiatrists, Psychologists and Physicians

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§127.2 Compensation of Counsel and Other Providers in Extraordinary Circumstances

(a)    Whenever an attorney, psychiatrist, psychologist, or physician, 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 (sic), 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.

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§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.

Hon. Jonathan Lippman
Chief Administrative Judge of the Courts

Dated: 3-19-01

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