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New York State Bar Association

One Elk Street, Albany, New York 12207 518/463-3200

AT THE EXECUTIVE COMMITTEE AND HOUSE OF DELEGATES MEETINGS APRIL 11-12, 1997

The House of Delegates approved, in modified form, a report of the New York County Lawyers' Association (NYCLA) calling for increases in compensation for assigned counsel appointed under County Law, Article 18-B. The Executive Committee endorsed the report for favorable action by the House. The action builds on positions previously taken by the House urging increased rates, the elimination of the distinction between work inside and outside of the courtroom, and removal of caps on compensation. Rates have not been adjusted since 1986 when compensation was set at $40 per hour in court and $25 outside the courtroom.

The report noted that while expenses and cost of living have increased, the 18-B rates remained unchanged. Further, higher rates are paid to attorneys retained by government for civil matters as well as investigators, certified social workers and other nonlawyers aiding the indigent. Federal court now compensates counsel at $75 per hour in and out of court; at least 31 jurisdictions provide more for in-court work and 32 for counsel outside the courtroom; only 7 pay less in court and 6 out of court. Concern was expressed about attracting and retaining adequate counsel to the 18-B program at these low compensation levels.

The NYCLA plan would establish a tiered system, with compensation for counsel for felonies with a potential for life imprisonment set at $100; other felonies, at $75; misdemeanors, at $50; and appeals at $75. Provision also would be made for ancillary assistance, with lawyers receiving half the rate for counsel and paralegals at $20 per hour. Rates would he the same for work inside or outside court and caps would be removed. The report was amended to base We rate on the original charge and to include representation in Family Court. An additional motion, presented from the floor, was adopted urging that the state provide adequate funding for the 18-B program in total or assist the local governments as to increases in compensation.

Norman L. Reimer of New York City, Co-Chair of the NYCLA Task Force on the Representation of the Indigent, gave the report at the Executive Committee and the House meetings. Joining him for the House presentation was Jack S. Hoffinger of New York City.