N.Y. County Lawyers' Assn. v. New York

No. 102987/00 (N.Y. Sup. Ct. Feb. 5, 2003) ; Clearinghouse Number: 53832

Description

Court Finds Hourly Rate Paid to Assigned Counsel in New York Inadequate, Orders $90 Per Hour

Abstract

Accusing the executive and legislative branches of “pusillanimous posturing and procrastination,” the court granted plaintiff’s request for declaratory and injunctive relief in this action seeking an increase in the hourly rate paid to assigned private counsel representing children and indigent adults in family and criminal proceedings in New York City. State and county laws set compensation rates for assigned counsel at $25 per hour for out-of-court work and $40 per hour for in-court work and criminal appellate work; it imposed an $800 cap on misdemeanor cases and family court matters and a $1,200 cap for felony cases and appellate matters, with exceptions permissible only in “extraordinary circumstances.” Plaintiff bar association alleged that these hourly rates, in effect since 1986, were too low to ensure that qualified private counsel would be available and able to provide meaningful representation. Plaintiff also alleged that the distinction between in-court and out-of-court work and the compensation caps were arbitrary and discouraged assigned counsel from adequately preparing cases. The court held that New York’s failure to increase the compensation rates for assigned counsel violated the constitutional and statutory right to meaningful and effective representation and, inter alia, obstructed the judiciary’s ability to function. The court found that assigned counsel were necessary and that low compensation rates caused a shortage, resulting in denial of counsel, delay of proceedings, excessive caseloads, and inordinate intake and arraignment shifts. The court declared the statutes setting assigned counsel fees unconstitutional as applied and directed payment of $90 an hour without distinction between in-court and out-of-court work, and without ceilings on total per-case compensation, until the legislature acted to address the issue.

Additional Information

Attorney Information
Plaintiff represented by Frank S. Moseley, Edward P. Boyle, Zachary S. McGhee, Davis Polk & Wardwell, 450 Lexington Avenue, New York, NY 10017 (212.450.4000); Stephen D. Hoffman, Norman L. Reimer, New York County Lawyers Association, 14 Vesey Street, New York, NY 10007 (212.267.6646)
Docket Date
2003-02-05 00:00:00+00:00