BILL NUMBER: S5272
SPONSOR: BAILEY
 
TITLE OF BILL:
An act to amend the county law and the judiciary law, in relation to
setting hourly rates for persons representing certain persons in court
or before a magistrate
 
PURPOSE:
To create parity in 18-b counsel hourly pay rates at the county level
with federal hourly pay rates for 18-b assigned counsel.
 
SUMMARY OF PROVISIONS:
Section 1: Section 722-b of the county law, as amended by section 1 of
part GG of chapter 56 of the laws of 2023, is amended.
Section 2: Subdivision 3 of section 35 of the judiciary law, as amended
by 11 section 3 of part GG of chapter 56 of the laws of 2023, is
amended.
 
JUSTIFICATION:
In 2023, the legislature made a historic investment in the state's
assigned counsel program, but more needs to be done. By raising hourly
rates for assigned counsel and by providing an automatic annual cost-of-
living increase in line with the federal assigned counsel rate, this
bill will help attract and retain quality 18-b counsel across New York
State. That in turn will help ensure that all defendants in criminal
cases, regardless of income, enjoy access to counsel, as is guaranteed
by the U.S. and New York State Constitutions.
 
LEGISLATIVE HISTORY:
2023-24: S8771 - Referred to Local Government
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect April 1, 2026.

Statutes affected:
S5272: 722-b county law, 35 judiciary law, 35(3) judiciary law