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Legislature Overrides Pataki's Veto

BY ALM Staff
September 02, 2003

Now that the New York State Legislature has overridden Governor Pataki's veto of the bill increasing compensation rates for court-appointed attorneys under Article 18-b of the County Law, a long-fought battle to drag state-funded attorney fees up to 21st-century levels may have come to a close. The increase will affect attorneys working on behalf of indigent criminal defendants, children in custody matters, and victims of domestic abuse.

Attorneys had in recent years been dropping out of the assigned-counsel program in protest over the antiquated fee schedule, in place since 1986, which paid them $40 per hour for in-court work and $25 per hour for out-of-court work.

The maximum compensation allowed to attorneys in Family Court was $1200. Many attorneys found that because they had to forego more lucrative work in order to take on court appointments, they could not afford to accept such cases on a regular basis. Consequently, cases in the family and criminal courts were backlogged while clients waited for appointment of an attorney.

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