Provides counsel appointed in the supreme court or surrogate's court for certain family matters shall be compensated in the same manner as law guardians in the family court of this state.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A272
SPONSOR: Walker (MS) TITLE OF BILL:
An act to amend the judiciary law, in relation to the fee rates for
counsel appointed in the supreme court or surrogate's court for certain
family matters
PURPOSE OR GENERAL IDEA OF BILL:
To provide that counsel appointed in the Supreme Court or Surrogate's
Court for certain family matters shall be compensated in the same manner
as certain law guardians.
SUMMARY OF PROVISIONS:
To provide that counsel appointed in the Supreme Court or Surrogate's
Court for certain family matters shall be compensated in the same manner
as certain law guardians.
JUSTIFICATION:
Law guardians who are appointed to evaluate, protect, and report to the
Court on the best interests of the child/children in a litigated
proceeding in the Supreme Court deserve to be compensated in the same
manner as law guardians in the Family Courts of New York State.
PRIOR LEGISLATIVE HISTORY:
2015-2016:A7949 - Referred to Judiciary
2017-2018:A5848 - Referred to Judiciary
2019-2020:A5202 - Referred to Judiciary
2021-2022:A4313 - Referred to Judiciary
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to applications
or proceedings pending on or after its effective date.
STATE OF NEW YORK
________________________________________________________________________
272
2023-2024 Regular Sessions
IN ASSEMBLY
January 4, 2023
___________
Introduced by M. of A. WALKER -- Multi-Sponsored by -- M. of A. SIMON --
read once and referred to the Committee on Judiciary
AN ACT to amend the judiciary law, in relation to the fee rates for
counsel appointed in the supreme court or surrogate's court for
certain family matters
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 7 of section 35 of the judiciary law, as
2 amended by chapter 41 of the laws of 2010, is amended to read as
3 follows:
4 7. Whenever the supreme court or a surrogate's court shall appoint
5 counsel in a proceeding over which the family court might have exercised
6 jurisdiction had such action or proceeding been commenced in family
7 court or referred thereto pursuant to law, and under circumstances
8 whereby, if such proceeding were pending in family court, such court
9 would be authorized by section two hundred forty-nine of the family
10 court act to appoint an attorney for the child, such counsel shall be
11 compensated [in accordance with the provisions of this section] and
12 allowed expenses and disbursements in the same amounts as established by
13 section two hundred forty-five of the family court act.
14 § 2. This act shall take effect immediately and shall apply to appli-
15 cations or proceedings pending on or after its effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01013-01-3
