Section 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 mental
  retardation 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 mentally retarded, 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.  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  seventy-five  dollars  per  hour  for  time
  expended in court, and seventy-five dollars per hour for time reasonably
  expended  out  of  court,  and  shall receive reimbursement for expenses
  reasonably incurred. 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  four  thousand four hundred
  dollars. For representation in  an  appellate  court,  compensation  and
  reimbursement  shall  be fixed by such court and such compensation shall
  not  exceed  four  thousand  four  hundred  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  his  services,  receive  reimbursement  for
  expenses  reasonably  incurred  and  reasonable  compensation  for  such
  services, to be fixed by the court. Such compensation shall  not  exceed
  two  hundred  dollars  if one psychiatrist, psychologist or physician is
  appointed,  or  an  aggregate  sum  of  three  hundred  dollars  if  two
  psychiatrists, psychologists or physicians are appointed, 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 a law guardian, 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.