Section 722-B. Compensation and reimbursement for representation  


Latest version.
  • 1. All
      counsel assigned  in  accordance  with  a  plan  of  a  bar  association
      conforming  to  the  requirements of section seven hundred twenty-two of
      this article whereby the services of private  counsel  are  rotated  and
      coordinated   by  an  administrator  shall  at  the  conclusion  of  the
      representation receive:
        (a) for representation of a person entitled to representation  by  law
      who  is  initially  charged  with a misdemeanor or lesser offense and no
      felony,  compensation   for   such   misdemeanor   or   lesser   offense
      representation  at a rate of sixty dollars per hour for time expended in
      court or before a magistrate, judge or justice, and  sixty  dollars  per
      hour  for  time  reasonably  expended  out  of  court, and shall receive
      reimbursement for expenses reasonably incurred; and
        (b) for representation of a person in all other cases governed by this
      article,  including  all   representation   in   an   appellate   court,
      compensation  at  a  rate  of  seventy-five  dollars  per  hour for time
      expended in court before a magistrate, judge or justice and seventy-five
      dollars per hour for time reasonably expended out of  court,  and  shall
      receive reimbursement for expenses reasonably incurred.
        2.  Except as provided in this section, compensation for time expended
      in providing representation:
        (a) pursuant to paragraph (a) of subdivision one of this section shall
      not exceed two thousand four hundred dollars; and
        (b) pursuant to paragraph (b) of subdivision one of this section shall
      not exceed four thousand four hundred dollars.
        3. For representation on an  appeal,  compensation  and  reimbursement
      shall  be  fixed  by  the appellate court. For all other representation,
      compensation and reimbursement shall be fixed by the trial court  judge.
      In  extraordinary  circumstances  a trial or appellate court may provide
      for compensation in excess of the foregoing limits and  for  payment  of
      compensation and reimbursement for expenses before the completion of the
      representation.
        4. Each claim for compensation and reimbursement 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. No counsel assigned
      hereunder shall seek or accept any fee for representing  the  party  for
      whom  he  or  she  is  assigned  without approval of the court as herein
      provided.