Bill S5494-2013

Provides 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

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.

Details

Actions

  • Jan 8, 2014: REFERRED TO JUDICIARY
  • May 16, 2013: REFERRED TO JUDICIARY

Memo

BILL NUMBER:S5494

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 SPECIFIC PROVISIONS: Section 1 of the bill amends subdivision 7 of section 35 of the judiciary law as it relates to counsel appointed 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: A.6792 of 2011-12 A.1609 of 2009-10 A.8905 of 2007-08 A.9278 of 2005-06

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 5494 2013-2014 Regular Sessions IN SENATE May 16, 2013 ___________
Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed 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: Section 1. Subdivision 7 of section 35 of the judiciary law, as amended by chapter 41 of the laws of 2010, is amended to read as follows: 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 an attorney for the child, such counsel shall be compensated [in accordance with the provisions of this section] AND ALLOWED EXPENSES AND DISBURSEMENTS IN THE SAME AMOUNTS AS ESTABLISHED BY SECTION TWO HUNDRED FORTY-FIVE OF THE FAMILY COURT ACT. S 2. This act shall take effect immediately and shall apply to appli- cations or proceedings pending on or after its effective date.

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