S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5993--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            November 22, 2013
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Rules  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend  the  county  law,  the  real  property  actions  and
  proceedings law, the vehicle and traffic law, the  state  finance  law
  and  the  judiciary  law, in relation to enacting the "NY Civil Gideon
  Act"

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  This act shall be known and may be cited as the "New York
Civil Gideon act".
  S 2. The county law is amended by adding a new article 18-C to read as
follows:

                              ARTICLE 18-C
               REPRESENTATION OF PERSONS IN CIVIL MATTERS
SECTION 723.   LEGISLATIVE FINDINGS.
        723-A. CIVIL RIGHT TO COUNSEL COMMISSION.
        723-B. LEAD AGENCY FOR CIVIL RIGHT TO COUNSEL.
        723-C. ASSIGNED COUNSEL FOR CIVIL MATTERS REVIEW PANEL.
        723-D. COMPENSATION AND REIMBURSEMENT.
  S 723. LEGISLATIVE FINDINGS. THE LEGISLATURE HEREBY FINDS AND DECLARES
AS FOLLOWS:
  1. EVERY YEAR, AT LEAST EIGHTY PERCENT OF THE CIVIL LEGAL NEEDS OF LOW
INCOME NEW YORKERS GO UNMET.
  2. THESE LEGAL NEEDS OFTEN CONCERN MATTERS PERTAINING  TO  THE  ESSEN-
TIALS  OF  LIFE  INCLUDING SHELTER, FOOD, EMPLOYMENT, HEALTH, AND FAMILY
SUSTAINABILITY.
  3. THE LACK OF AVAILABLE CIVIL LEGAL ASSISTANCE UNDERMINES  COMPREHEN-
SIVE ASSISTANCE FOR CRIME VICTIMS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13093-04-3
              

S. 5993--A                          2

  4.  THE LACK OF CIVIL LEGAL SERVICES TO RESOLVE A FAMILY'S LEGAL PROB-
LEMS OFTEN DISRUPTS THE CHILDREN AND YOUNG ADULTS' EDUCATION, FREQUENTLY
WITH A PERMANENT IMPACT.
  5. THE LACK OF CIVIL LEGAL SERVICES CAN WORSEN CHRONIC HEALTH PROBLEMS
OFTEN INCREASING THE COST OF MEDICAL CARE.
  6.  THE  LACK  OF  CIVIL LEGAL SERVICES CAN RESULT IN HOMELESSNESS NOT
ONLY AFFECTING THE INDIVIDUAL FAMILIES  BUT  ALSO  DESTABILIZING  ENTIRE
NEIGHBORHOODS.
  7.  IN  LIGHT OF THESE TRYING ECONOMIC TIMES, THE NEED FOR CIVIL LEGAL
SERVICES HAS INCREASED BEYOND  INDIVIDUALS  BELOW  THE  FEDERAL  POVERTY
GUIDELINES  TO  HOMEOWNERS  AND  OTHER  MIDDLE  INCOME  NEW YORKERS THAT
PROVIDE THE FOUNDATION FOR NEW YORK'S ECONOMY.
  8. THE SUBSTANTIAL NUMBER OF UNREPRESENTED LITIGANTS  IN  CIVIL  LEGAL
MATTERS  ADVERSELY IMPACTS THE QUALITY OF JUSTICE FOR ALL PARTIES IN THE
COURTS OF NEW YORK STATE, INCREASES THE AMOUNT OF LITIGATION, AND UNDER-
MINES THE RULE OF LAW.
  9. IT HAS BEEN FOUND THAT WHEN A SOCIETY IS UNABLE TO MEET THEIR BASIC
HUMAN NEEDS IT IS IN AN ONGOING STATE OF EMERGENCY.
  10. THE UNMET  NEED  FOR  CIVIL  LEGAL  ASSISTANCE  IN  THE  STATE  IS
PROFOUNDLY  IMPACTING  VULNERABLE  NEW  YORKERS  AND  COSTING  TAXPAYERS
MILLIONS OF DOLLARS  BY  INCREASING  HOMELESSNESS,  FAILING  TO  PREVENT
DOMESTIC VIOLENCE, AND INCREASING POVERTY.
  11.  IN ORDER TO ADDRESS THIS EMERGENCY, THIS LEGISLATURE FINDS THAT A
RIGHT TO COUNSEL IN CERTAIN CIVIL MATTERS IS IMPERATIVE.
  S 723-A. CIVIL RIGHT TO COUNSEL COMMISSION. 1. THERE IS HEREBY  ESTAB-
LISHED  THE  CIVIL RIGHT TO COUNSEL COMMISSION.  THE COMMISSION SHALL BE
COMPOSED OF ELEVEN MEMBERS.
  2. A. THE MEMBERS OF THE COMMISSION SHALL BE APPOINTED AS FOLLOWS:
  (I) ONE MEMBER SHALL BE APPOINTED BY THE  GOVERNOR  AND  SHALL  BE  AN
ATTORNEY WITH EXPERTISE IN CIVIL LEGAL SERVICES;
  (II)  ONE  MEMBER SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE
SENATE;
  (III) ONE MEMBER SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
  (IV) ONE MEMBER SHALL BE APPOINTED  BY  THE  MINORITY  LEADER  OF  THE
ASSEMBLY;
  (V)  ONE  MEMBER  SHALL  BE  APPOINTED  BY  THE MINORITY LEADER OF THE
SENATE;
  (VI) TWO MEMBERS SHALL BE APPOINTED BY THE CHIEF JUDGE OF THE COURT OF
APPEALS;
  (VII) ONE MEMBER SHALL BE APPOINTED BY THE ASSOCIATION OF COUNTIES;
  (VIII) ONE MEMBER SHALL BE APPOINTED BY THE MAYOR OF THE CITY  OF  NEW
YORK  AND SHALL BE AN ATTORNEY WHO HAS PROVIDED CIVIL LEGAL SERVICES FOR
AT LEAST FIVE YEARS;
  (IX) ONE MEMBER SHALL BE APPOINTED BY THE GOVERNOR, FROM A LIST OF  NO
MORE  THAN  TWO  NOMINEES  SUBMITTED  BY  THE CHIEF ADMINISTRATOR OF THE
COURTS, EACH OF WHOM SHALL BE A JUDGE OR JUSTICE, OR  RETIRED  JUDGE  OR
JUSTICE,  WHO  WAS  ELECTED  TO  THE SUPREME, COUNTY OR FAMILY COURT, OR
APPOINTED TO THE CRIMINAL COURT OR FAMILY COURT IN THE CITY OF NEW YORK,
AND HAS SUBSTANTIAL EXPERIENCE PRESIDING AS SUCH A JUDGE OR  JUSTICE  IN
TRIAL MATTERS BEFORE SUCH COURT; AND
  (X)  ONE  MEMBER  SHALL BE APPOINTED BY THE NEW YORK STATE BAR ASSOCI-
ATION.
  B. ALL MEMBERS OF THE COMMISSION SHALL BE RESIDENTS OF  THE  STATE  OF
NEW YORK.
  C.  THE MEMBERS OF THE COMMISSION SHALL SERVE TERMS OF FOUR YEARS. ALL
MEMBERS SHALL SERVE UNTIL THEIR SUCCESSORS ARE APPOINTED.  VACANCIES  ON

S. 5993--A                          3

THE  COMMISSION  SHALL  BE  FILLED  FOR THE REMAINDER OF THE TERM IN THE
MANNER PROVIDED FOR BY THE ORIGINAL APPOINTMENT.
  D.  THE  MEMBERS  OF  THE COMMISSION SHALL RECEIVE NO COMPENSATION FOR
THEIR SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES
INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
  E. NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF LAW, NO  OFFICER  OR
EMPLOYEE  OF  THE STATE OR ANY CIVIL DIVISION THEREOF SHALL BE DEEMED TO
HAVE FORFEITED OR SHALL FORFEIT HIS  OR  HER  OFFICE  OR  EMPLOYMENT  BY
REASON OF HIS OR HER ACCEPTANCE OF MEMBERSHIP ON THE COMMISSION.
  F. THE COMMISSION SHALL MEET AT LEAST ONCE PER YEAR.
  G.  A  MAJORITY  OF  THE  MEMBERS OF THE COMMISSION SHALL CONSTITUTE A
QUORUM.
  H. THE CHIEF JUDGE OF THE COURT OF APPEALS, OR HIS  OR  HER  DESIGNEE,
SHALL SERVE AS A NON-VOTING EX-OFFICIO MEMBER OF THE COMMISSION.
  I.  APPOINTMENT TO THE COMMISSION SHALL BE FILED BY THE CHIEF JUDGE OF
THE COURT OF APPEALS, WHO SHALL CONVENE THE FIRST MEETING OF THE COMMIS-
SION FOLLOWING THE FILING  OF  THE  MAJORITY  OF  APPOINTMENTS.  AT  THE
INITIAL MEETING THE MEMBERS SHALL ELECT OFFICERS.
  3. THE COMMISSION SHALL SUBMIT TO THE GOVERNOR, TEMPORARY PRESIDENT OF
THE  SENATE, SPEAKER OF THE ASSEMBLY AND THE CHIEF JUDGE OF THE COURT OF
APPEALS AN ANNUAL REPORT ON  OR  BEFORE  THE  ANNIVERSARY  DATE  OF  THE
COMMISSION'S FIRST MEETING. SUCH REPORT SHALL CONTAIN ALL PERTINENT DATA
FOR THE PRIOR TWELVE MONTHS ON THE OPERATION OF THE COMMISSION INCLUDING
THE  NUMBER  OF  ASSIGNED  COUNSEL  IN  EACH COUNTY, THE NUMBER OF CASES
ASSIGNED, THE NUMBER OF CASES RESOLVED, RECOMMENDATIONS  FOR  ADDITIONAL
ATTORNEYS,  IF NECESSARY, THE COST OF OPERATION AND FINANCIAL ASSISTANCE
TO LOCALITIES. SUCH REPORT SHALL ALSO INCLUDE THE  PROPOSED  BUDGET  FOR
THE SUCCEEDING TWELVE MONTHS INCLUDING FUNDS FOR FINANCIAL ASSISTANCE TO
LOCALITIES.
  S  723-B.    LEAD AGENCY FOR CIVIL RIGHT TO COUNSEL. 1. REPRESENTATION
FOR PERSONS IN CIVIL MATTERS SHALL BE A PARTNERSHIP BETWEEN  THE  COURTS
AND ALL QUALIFIED LEGAL SERVICES PROVIDERS, BAR ASSOCIATIONS AND PRIVATE
ORGANIZATIONS.
  2.  THE  LEGAL  SERVICES  PROVIDERS SHALL SERVE AS THE LEAD AGENCY FOR
CASE ASSESSMENT AND DIRECTION UNDER THIS ARTICLE AND FURTHERMORE SHALL:
  A. BE THE CENTRAL POINT OF CONTACT FOR RECEIPT OF REFERRALS FOR  LEGAL
REPRESENTATION;
  B. MAKE DETERMINATIONS OF ELIGIBILITY BASED ON UNIFORM CRITERIA;
  C.  BE  RESPONSIBLE  FOR  PROVIDING  REPRESENTATION  TO THE CLIENTS OR
REFERRING THE MATTER TO ONE OF THE ORGANIZATIONS OR INDIVIDUAL PROVIDERS
WITH WHOM THE LEAD  LEGAL  SERVICES  AGENCY  CONTRACTS  TO  PROVIDE  THE
SERVICE; AND
  D. TO THE EXTENT PRACTICAL, IDENTIFY AND MAKE USE OF PRO BONO SERVICES
IN ORDER TO MAXIMIZE AVAILABLE SERVICES EFFICIENTLY AND ECONOMICALLY.
  3. RECOGNIZING THAT NOT ALL INDIGENT PARTIES CAN BE AFFORDED REPRESEN-
TATION,  EVEN WHEN THEY HAVE MERITORIOUS CASES, THE COURT PARTNER SHALL,
AS A COROLLARY TO THE SERVICES PROVIDED BY THE LEAD LEGAL SERVICES AGEN-
CY, BE RESPONSIBLE FOR PROVIDING PROCEDURES,  PERSONNEL,  TRAINING,  AND
CASE MANAGEMENT AND ADMINISTRATION PRACTICES THAT REFLECT BEST PRACTICES
TO  ENSURE  UNREPRESENTED  PARTIES  MEANINGFUL  ACCESS TO JUSTICE AND TO
GUARD AGAINST THE INVOLUNTARY WAIVER OF RIGHTS, AS WELL AS TO  ENCOURAGE
FAIR AND EXPEDITIOUS VOLUNTARY DISPUTE RESOLUTION, CONSISTENT WITH PRIN-
CIPLES OF JUDICIAL NEUTRALITY.
  4.  THE  PARTICIPATING  LEGAL SERVICES AGENCY SHALL BE SELECTED BY THE
JUDICIAL COUNCIL.

S. 5993--A                          4

  A. THE JUDICIAL COUNCIL SHALL BE MADE UP OF ONE  ADMINISTRATIVE  JUDGE
FROM  EACH JUDICIAL DISTRICT. THERE SHALL BE AT LEAST ONE LEGAL SERVICES
AGENCY CHOSEN FOR EACH JUDICIAL DISTRICT.
  B.  THE  JUDICIAL  COUNCIL  SHALL  ASSESS THE APPLICANTS' CAPACITY FOR
SUCCESS, INNOVATION, AND EFFICIENCY, INCLUDING, BUT NOT LIMITED TO,  THE
LIKELIHOOD  THAT  THE  AGENCY WOULD DELIVER QUALITY REPRESENTATION IN AN
EFFECTIVE MANNER THAT WOULD MEET CRITICAL NEEDS  IN  THE  COMMUNITY  AND
ADDRESS  THE  NEEDS  OF  THE  COURT WITH REGARD TO ACCESS TO JUSTICE AND
CALENDAR MANAGEMENT, AND THE UNIQUE LOCAL UNMET NEEDS FOR REPRESENTATION
IN THE COMMUNITY.
  C. AGENCIES APPROVED PURSUANT  TO  THIS  SECTION  SHALL  INITIALLY  BE
AUTHORIZED  FOR A THREE-YEAR PERIOD, COMMENCING ON THE EFFECTIVE DATE OF
THIS SECTION AND SUBJECT TO RENEWAL FOR A PERIOD TO BE DETERMINED BY THE
JUDICIAL COUNCIL, IN CONSULTATION WITH THE PARTICIPATING AGENCY IN LIGHT
OF THE AGENCY'S CAPACITY AND SUCCESS. AFTER THE INITIAL THREE-YEAR PERI-
OD, THE JUDICIAL COUNCIL SHALL DISTRIBUTE ANY FUTURE FUNDS AVAILABLE  AS
THE RESULT OF THE TERMINATION OR NONRENEWAL OF AN AGENCY PURSUANT TO THE
PROCESS SET FORTH IN THIS SUBDIVISION.
  D.  AGENCIES  SHALL  BE SELECTED ON THE BASIS OF WHETHER, IN THE CASES
PROPOSED FOR SERVICE, THE PERSONS  TO  BE  ASSISTED  ARE  LIKELY  TO  BE
OPPOSED  BY  A PARTY WHO IS REPRESENTED BY COUNSEL. THE JUDICIAL COUNCIL
SHALL ALSO CONSIDER THE FOLLOWING FACTORS IN SELECTING THE AGENCIES:
  (I) THE LIKELIHOOD THAT REPRESENTATION IN THE PROPOSED CASE TYPE TENDS
TO AFFECT WHETHER A PARTY PREVAILS OR OTHERWISE OBTAINS A  SIGNIFICANTLY
MORE  FAVORABLE  OUTCOME  IN  A  MATTER  IN  WHICH  THEY WOULD OTHERWISE
FREQUENTLY HAVE JUDGMENT ENTERED AGAINST THEM OR SUFFER THE  DEPRIVATION
OF THE BASIC HUMAN NEED AT ISSUE;
  (II) THE LIKELIHOOD OF REDUCING THE RISK OF ERRONEOUS DECISIONS;
  (III) THE NATURE AND SEVERITY OF POTENTIAL CONSEQUENCES FOR THE UNREP-
RESENTED PARTY REGARDING THE BASIC HUMAN NEED AT STAKE IF REPRESENTATION
IS NOT PROVIDED;
  (IV)  WHETHER  THE PROVISION OF LEGAL SERVICES MAY ELIMINATE OR REDUCE
THE POTENTIAL NEED FOR AND COST OF PUBLIC SOCIAL SERVICES REGARDING  THE
BASIC  HUMAN  NEED  AT  STAKE  FOR THE CLIENT AND OTHERS IN THE CLIENT'S
HOUSEHOLD;
  (V) THE UNMET NEED FOR LEGAL SERVICES IN THE  GEOGRAPHIC  AREA  TO  BE
SERVED; AND
  (VI)  THE  AVAILABILITY  AND  EFFECTIVENESS  OF  OTHER  TYPES OF COURT
SERVICES, SUCH AS SELF-HELP.
  E. EACH APPLICANT SHALL DO THE FOLLOWING:
  (I) IDENTIFY THE NATURE OF THE PARTNERSHIP BETWEEN THE COURT  AND  THE
OTHER AGENCIES OR OTHER PROVIDERS THAT WOULD WORK WITHIN THE PROJECT;
  (II)  DESCRIBE  THE  REFERRAL  PROTOCOLS TO BE USED, THE CRITERIA THAT
WOULD BE EMPLOYED IN CASE ASSESSMENT, WHY THOSE CASES WERE SELECTED, THE
MANNER TO ADDRESS CONFLICTS WITHOUT VIOLATING ANY ATTORNEY-CLIENT PRIVI-
LEGE  WHEN  ADVERSE  PARTIES  ARE  SEEKING  REPRESENTATION  THROUGH  THE
PROJECT,  AND  THE MEANS FOR SERVING POTENTIAL CLIENTS WHO NEED LANGUAGE
ASSISTANCE WITHIN THE COURT SYSTEM; AND
  (III) DESCRIBE HOW THE PROJECT WOULD BE  ADMINISTERED,  INCLUDING  HOW
THE  DATA  COLLECTION REQUIREMENTS WOULD BE MET WITHOUT CAUSING AN UNDUE
BURDEN ON THE COURTS, CLIENTS, OR THE PROVIDERS, THE  PARTICULAR  OBJEC-
TIVES  OF  THE  PROJECT, STRATEGIES TO EVALUATE THEIR SUCCESS IN MEETING
THOSE OBJECTIVES, AND THE MEANS BY WHICH THE  PROJECT  WOULD  SERVE  THE
PARTICULAR  NEEDS  OF THE COMMUNITY, SUCH AS BY PROVIDING REPRESENTATION
TO LIMITED-ENGLISH-SPEAKING CLIENTS, THE ELDERLY AND THE DISABLED.

S. 5993--A                          5

  5. TO ENSURE THE MOST EFFECTIVE USE OF THE FUNDING AVAILABLE, THE LEAD
LEGAL SERVICES AGENCY SHALL SERVE AS A HUB FOR ALL  REFERRALS,  AND  THE
POINT  AT  WHICH DECISIONS ARE MADE ABOUT WHICH REFERRALS WILL BE SERVED
AND BY WHOM. REFERRALS SHALL EMANATE FROM THE COURT, AS WELL AS FROM THE
OTHER  AGENCIES  PROVIDING  SERVICES  THROUGH  THE PROGRAM, AND SHALL BE
DIRECTED TO THE LEAD LEGAL SERVICES AGENCY FOR REVIEW. THAT  AGENCY,  OR
ANOTHER  AGENCY  OR ATTORNEY IN THE EVENT OF CONFLICT, SHALL COLLECT THE
INFORMATION NECESSARY TO ASSESS WHETHER THE CASE SHOULD  BE  SERVED.  IN
PERFORMING THAT CASE ASSESSMENT, THE AGENCY SHALL DETERMINE THE RELATIVE
NEED FOR REPRESENTATION OF THE LITIGANT, INCLUDING ALL OF THE FOLLOWING:
  A. CASE COMPLEXITY;
  B. WHETHER THE OPPOSING PARTY IS REPRESENTED;
  C. THE ADVERSARIAL NATURE OF THE PROCEEDING;
  D. THE AVAILABILITY AND EFFECTIVENESS OF OTHER TYPES OF SERVICES, SUCH
AS  SELF-HELP,  IN  LIGHT  OF THE POTENTIAL CLIENT AND THE NATURE OF THE
CASE;
  E. BARRIERS TO ACCESS DUE TO LANGUAGE;
  F. BARRIERS TO ACCESS DUE TO DISABILITY;
  G. BARRIERS TO ACCESS DUE TO LITERACY;
  H. THE MERITS OF THE CASE;
  I. THE NATURE AND SEVERITY OF POTENTIAL CONSEQUENCES FOR THE POTENTIAL
CLIENT IF REPRESENTATION IS NOT PROVIDED; AND
  J. WHETHER THE PROVISION OF LEGAL SERVICES MAY ELIMINATE OR REDUCE THE
NEED FOR AND COST OF PUBLIC SOCIAL SERVICES FOR THE POTENTIAL CLIENT AND
OTHERS IN THE POTENTIAL CLIENT'S HOUSEHOLD.
  6. THE DECISION AND LEVEL OF REPRESENTATION SHOULD BE MADE AT THE SOLE
DISCRETION OF THE LEAD AGENCY, ORGANIZATION, OR ATTORNEY  BASED  ON  THE
FACTORS SET FORTH ABOVE.
  7. IF BOTH PARTIES TO A DISPUTE ARE FINANCIALLY ELIGIBLE FOR REPRESEN-
TATION, EACH PROPOSAL SHALL ENSURE THAT REPRESENTATION FOR BOTH SIDES IS
EVALUATED.  IN THESE AND OTHER CASES IN WHICH CONFLICT ISSUES ARISE, THE
LEAD LEGAL SERVICES AGENCY SHALL  HAVE  REFERRAL  PROTOCOLS  WITH  OTHER
AGENCIES  AND  PROVIDERS,  SUCH  AS A PRIVATE ATTORNEY PANEL, TO ADDRESS
THOSE CONFLICTS.
  8. EACH LEAD AGENCY, ORGANIZATION, OR ATTORNEY  SHALL  BE  RESPONSIBLE
FOR KEEPING RECORDS ON THE REFERRALS ACCEPTED AND THOSE NOT ACCEPTED FOR
REPRESENTATION,  AND  THE  REASONS  FOR  EACH, IN A MANNER THAT DOES NOT
VIOLATE  ANY  PRIVILEGED  COMMUNICATIONS  BETWEEN  THE  AGENCY  AND  THE
PROSPECTIVE  CLIENT. EACH LEAD AGENCY, ORGANIZATION OR ATTORNEY SHALL BE
PROVIDED WITH STANDARDIZED DATA COLLECTION TOOLS TO BE DETERMINED BY THE
COMMISSION, AND REQUIRED TO TRACK CASE INFORMATION FOR EACH REFERRAL  TO
ALLOW THE EVALUATION TO MEASURE THE NUMBER OF CASES SERVED, THE LEVEL OF
SERVICE  REQUIRED,  AND  THE  OUTCOMES  FOR THE CLIENTS IN EACH CASE. IN
ADDITION TO THIS INFORMATION ON THE EFFECT OF THE REPRESENTATION ON  THE
CLIENTS,  DATA  SHALL  BE COLLECTED REGARDING THE OUTCOMES FOR THE TRIAL
COURTS. THIS DATA SHALL BE COMPILED IN A REPORT TO BE SUBMITTED  TO  THE
COMMISSION ON A QUARTERLY BASIS.
  S  723-C. ASSIGNED COUNSEL FOR CIVIL MATTERS REVIEW PANEL. 1. THERE IS
HEREBY ESTABLISHED THE ASSIGNED COUNSEL FOR CIVIL MATTERS REVIEW PANEL.
  2. A. THE REVIEW PANEL SHALL BE COMPOSED OF AT LEAST SIXTEEN  MEMBERS,
TO BE APPOINTED AS FOLLOWS:
  (I)  ATTORNEY-IN-CHIEF  FOR THE LEGAL AID SOCIETY OR HIS/HER REPRESEN-
TATIVE;
  (II) CHAIR OF LEGAL SERVICES NYC OR HIS/HER REPRESENTATIVE;
  (III) EXECUTIVE DIRECTOR OF LEGAL SERVICES OF  THE  HUDSON  VALLEY  OR
HIS/HER REPRESENTATIVE;

S. 5993--A                          6

  (IV) EXECUTIVE DIRECTOR OF THE LEGAL AID SOCIETY OF NORTHEASTERN NY OR
HIS/HER REPRESENTATIVE;
  (V)  EXECUTIVE DIRECTOR OF THE WESTERN NY LAW CENTER OR HIS/HER REPRE-
SENTATIVE;
  (VI) PRESIDENT OF THE EMPIRE JUSTICE CENTER OR HIS/HER REPRESENTATIVE;
  (VII) EXECUTIVE DIRECTOR OF THE NEW YORK LAWYERS FOR THE PUBLIC INTER-
EST OR HIS/HER REPRESENTATIVE;
  (VIII) THE PRESIDENT OF THE NEW YORK LEGAL ASSISTANCE GROUP OR HIS/HER
REPRESENTATIVE;
  (IX) EXECUTIVE DIRECTOR OF LAMBDA LEGAL OR HIS/HER REPRESENTATIVE;
  (X) THE IMMEDIATE PAST PRESIDENT OF THE NEW YORK STATE BAR ASSOCIATION
OR A REPRESENTATIVE APPOINTED BY THE ASSOCIATION;
  (XI) THE IMMEDIATE PAST PRESIDENT OF THE NETWORK  OF  BAR  LEADERS  OR
HIS/HER REPRESENTATIVE;
  (XII)  THE  IMMEDIATE PAST PRESIDENT OF THE WOMEN'S BAR ASSOCIATION OF
THE STATE OF NEW YORK OR HIS/HER REPRESENTATIVE;
  (XIII) THE IMMEDIATE PAST PRESIDENT  OF  THE  METROPOLITAN  BLACK  BAR
ASSOCIATION OR HIS/HER REPRESENTATIVE;
  (XIV)  THE  IMMEDIATE PAST PRESIDENT OF THE NEW YORK STATE DIRECTOR OF
THE FUND FOR MODERN COURTS OR HIS/HER REPRESENTATIVE;
  (XV) EXECUTIVE DIRECTOR OF THE IOLA FUND OF THE STATE OF NEW  YORK  OR
HIS/HER REPRESENTATIVE; AND
  (XVI) ONE REPRESENTATIVE FROM THE NATIONAL COALITION FOR A CIVIL RIGHT
TO COUNSEL.
  B.  THE  MEMBERS  OF THE REVIEW PANEL SHALL SERVE TERMS OF FOUR YEARS.
ALL MEMBERS SHALL SERVE UNTIL THEIR SUCCESSORS ARE APPOINTED.  VACANCIES
ON THE REVIEW PANEL SHALL BE FILLED FOR THE REMAINDER OF THE TERM IN THE
MANNER PROVIDED FOR BY THE ORIGINAL APPOINTMENT.
  C.  THE  MEMBERS OF THE REVIEW PANEL SHALL RECEIVE NO COMPENSATION FOR
THEIR SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES
INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
  D. NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF LAW, NO  OFFICER  OR
EMPLOYEE  OF  THE STATE OR ANY CIVIL DIVISION THEREOF SHALL BE DEEMED TO
HAVE FORFEITED OR SHALL FORFEIT HIS  OR  HER  OFFICE  OR  EMPLOYMENT  BY
REASON OF HIS OR HER ACCEPTANCE OF MEMBERSHIP ON THE REVIEW PANEL.
  E.  A  MAJORITY  OF THE MEMBERS OF THE REVIEW PANEL SHALL CONSTITUTE A
QUORUM.
  F. THE MEMBERS OF THE REVIEW PANEL MAY PARTICIPATE  IN  A  MEETING  OF
SUCH REVIEW PANEL BY MEANS OF A CONFERENCE TELEPHONE OR SIMILAR COMMUNI-
CATIONS  EQUIPMENT  ALLOWING ALL PERSONS PARTICIPATING IN THE MEETING TO
HEAR EACH OTHER AT THE SAME TIME;  PARTICIPATION  BY  SUCH  MEANS  SHALL
CONSTITUTE PRESENCE IN PERSON AT SUCH MEETING.
  3.  THE  PURPOSE OF THE PANEL IS TO ENSURE THAT QUALITY REPRESENTATION
IS PROVIDED UNDER THIS ARTICLE.   THIS  INCLUDES  PROCESSING  COMPLAINTS
AGAINST  ATTORNEYS  ASSIGNED UNDER THIS ARTICLE, ESTABLISHING THE PROPER
REMEDY FOR AGGRIEVED PARTIES, ATTORNEY ADMISSION  AS  ASSIGNED  COUNSEL,
ATTORNEY  TRAINING,  AND  ALL  OTHER  PROCEDURES  THE REVIEW PANEL FINDS
NECESSARY TO ACHIEVE ITS GOAL.  NOTHING IN THIS  ARTICLE  SHALL  PREVENT
ANY INVESTIGATION UNDER THE NEW YORK STATE UNIFIED COURT SYSTEM RULES OF
PROFESSIONAL CONDUCT OR OTHERWISE.
  4.  THE REVIEW PANEL MAY WORK TOGETHER WITH THE CIVIL RIGHT TO COUNSEL
COMMISSION TO ACHIEVE THE COMMON GOALS OF THIS ARTICLE.
  5. A. THE CHIEF JUDGE OF THE COURT OF APPEALS  AND  THE  REVIEW  PANEL
APPOINTEES  SHALL  CONVENE  THE REVIEW PANEL AND CREATE A PLAN OUTLINING
THE PROCEDURE AND GUIDELINES TO GOVERN THE PANEL  AND  ASSIGNED  COUNSEL
PROGRAM  IN  ACCORDANCE  WITH  THE GOAL OF PROVIDING QUALITY CIVIL LEGAL

S. 5993--A                          7

REPRESENTATION. THE CHIEF JUDGE OF THE COURT OF  APPEALS  SHALL  CONSULT
WITH  THE  ADMINISTRATIVE  JUDGES  OF  EACH JUDICIAL DISTRICT TO RECEIVE
GUIDANCE ON THE NEEDS OF EACH DISTRICT.
  B. THE GUIDELINES SHALL INCLUDE BUT NOT BE LIMITED TO:
  (I) MEETING REQUIREMENTS OF THE PANEL;
  (II) STANDARDS OF QUALITY REPRESENTATION;
  (III)  TRAINING  NECESSARY TO PROVIDE CIVIL ASSIGNED COUNSEL REPRESEN-
TATION;
  (IV) CONTENT FOR THE COMPLAINT FORM FOR A GRIEVANCE AGAINST AN  AGENCY
OR ATTORNEY ASSIGNED AS CIVIL ASSIGNED COUNSEL;
  (V) A GRIEVANCE PROCEDURE; AND
  (VI) ESTABLISHING POSSIBLE REMEDIES FOR THOSE FOUND TO BE AGGRIEVED.
  S  723-D.  COMPENSATION  AND REIMBURSEMENT. 1. ALL COUNSEL ASSIGNED IN
ACCORDANCE WITH A PLAN OF THE COURT, OTHER ORGANIZATION, OR A BAR  ASSO-
CIATION  CONFORMING  TO  THE  REQUIREMENTS  OF  THIS ARTICLE WHEREBY THE
SERVICES OF PRIVATE COUNSEL ARE ROTATED AND COORDINATED BY  AN  ADMINIS-
TRATOR SHALL AT THE CONCLUSION OF THE REPRESENTATION RECEIVE:
  A. FOR REAL PROPERTY PROCEEDINGS NO LESS THAN FIFTY DOLLARS PER HOUR;
  B. FOR CASES INVOLVING HEALTH NO LESS THAN FIFTY DOLLARS PER HOUR;
  C.  FOR  CASES INVOLVING LICENSE REVOCATION OR SUSPENSION NO LESS THAN
FIFTY DOLLARS PER HOUR;
  D. FOR CASES INVOLVING SUSTENANCE NO LESS THAN SIXTY DOLLARS PER HOUR;
AND
  E. FOR CASES INVOLVING CHILDREN NO LESS THAN SIXTY DOLLARS PER HOUR.
  2. FOR THE PURPOSES OF THIS SECTION:
  A. REAL PROPERTY PROCEEDINGS  SHALL  INCLUDE  SECTIONS  SEVEN  HUNDRED
ELEVEN,  SEVEN  HUNDRED THIRTEEN, SEVEN HUNDRED THIRTEEN-A, FIVE HUNDRED
ONE, ONE THOUSAND NINETY-THREE, THIRTEEN HUNDRED THREE AND ARTICLE THIR-
TEEN OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW;
  B. CASES INVOLVING HEALTH SHALL  INCLUDE  ARTICLE  FORTY-NINE  OF  THE
PUBLIC HEALTH LAW;
  C.  CASES  INVOLVING  LICENSE  REVOCATION  OR SUSPENSION SHALL INCLUDE
SECTIONS TWO HUNDRED TWENTY-SEVEN, TWO HUNDRED FORTY-TWO AND TWO HUNDRED
SIXTY-ONE OF THE VEHICLE AND TRAFFIC LAW;
  D. CASES INVOLVING SUSTENANCE SHALL INCLUDE SECTIONS ONE HUNDRED NINE-
TY-SIX-A, FIVE HUNDRED THIRTY-EIGHT, SIX  HUNDRED  TWENTY,  SIX  HUNDRED
TWENTY-ONE,  SIX  HUNDRED  TWENTY-FOUR,  SIX HUNDRED SIXTY-THREE AND SIX
HUNDRED EIGHTY-ONE OF THE  LABOR  LAW,  SECTIONS  TWENTY-TWO  AND  THREE
HUNDRED  SIXTY-FIVE  OF  THE  SOCIAL SERVICES LAW AND RULE THREE HUNDRED
FIVE AND ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES;
  E. CASES INVOLVING CHILDREN SHALL INCLUDE ARTICLE FOUR OF  THE  FAMILY
COURT  ACT  AND SECTION 21-904 OF THE ADMINISTRATIVE CODE OF THE CITY OF
NEW YORK.
  3.  FOR  ALL  REPRESENTATION,  COMPENSATION  AND  REIMBURSEMENT  SHALL
INCLUDE REIMBURSEMENT FOR REASONABLY INCURRED EXPENSES.
  4.  COMPENSATION  FOR  REPRESENTATION IN SUCH CASES SHALL BE GUIDED BY
THE MINIMUM AMOUNTS SET FORTH ABOVE. THE COMPENSATION MINIMUMS  ARE  SET
FOR  COUNSEL  ONLY,  NOT  SUPPORT OR ADMINISTRATIVE STAFF WORK. WORK FOR
SUPPORT OR ADMINISTRATIVE STAFF SHOULD BE  SET  BY  INDIVIDUAL  COUNSEL,
FIRM,  OR  ORGANIZATION  AND  SHOULD BE SET AT A LOWER RATE THAN COMPEN-
SATION FOR COUNSEL.
  5. THERE SHALL BE NO DIFFERENTIAL IN  COMPENSATION  RATE  FOR  OUT  OF
COURT  TIME  EXPENDED AND IN COURT TIME EXPENDED. RATES SHOULD BE SET AT
THE MINIMUM STATED ABOVE OR HIGHER BASED ON THE COMPLEXITY OF  THE  CASE
AND  EXPERTISE  OF  THE  ATTORNEY.  SUCH  RATES  SHALL BE SUBJECT TO THE
APPROVAL OF THE COURT OF JURISDICTION BASED ON  THE  COMPLEXITY  OF  THE

S. 5993--A                          8

CASE,  EXPERTISE  OF THE ATTORNEY, THE MARKET, AND ANY OTHER FACTORS THE
COURT DEEMS JUST AND APPROPRIATE.
  6.  THERE SHOULD BE NO CAP ON THE AMOUNT OF COMPENSATION OR REIMBURSE-
MENT  RECEIVED  FOR  REPRESENTATION.  THE  AMOUNT  OF  COMPENSATION  AND
REIMBURSEMENT IS SUBJECT TO COURT APPROVAL AS DESCRIBED ABOVE.
  7.  COMPENSATION  AND  REIMBURSEMENT  FOR APPEAL SHALL BE FIXED BY THE
APPELLATE COURT NOT TO BE BELOW THE RATES SET FORTH IN THIS SECTION.
  8. IN EXTRAORDINARY CIRCUMSTANCES  A  TRIAL  OR  APPELLATE  COURT  MAY
PROVIDE  FOR  PAYMENT  OF  COMPENSATION  AND  REIMBURSEMENT FOR EXPENSES
BEFORE THE COMPLETION OF THE REPRESENTATION UPON APPLICATION.
  S 3. The opening paragraph of  section  722  of  the  county  law,  as
amended by chapter 7 of the laws of 2007, is amended to read as follows:
  The  governing  body of each county and the governing body of the city
in which a county is wholly contained shall place in operation  through-
out  the  county  a plan for providing counsel to persons charged with a
crime or who are entitled to counsel pursuant  to  section  two  hundred
sixty-two  or  section  eleven  hundred  twenty of the family court act,
article six-C of the correction law, section four hundred seven  of  the
surrogate's  court  procedure  act  or article ten of the mental hygiene
law, who are financially unable to obtain counsel. THE GOVERNING BODY OF
EACH COUNTY AND THE GOVERNING BODY OF THE CITY  IN  WHICH  A  COUNTY  IS
WHOLLY  CONTAINED  SHALL ALSO PLACE IN OPERATION THROUGHOUT THE COUNTY A
PLAN FOR PROVIDING  COUNSEL  TO  FINANCIALLY  UNABLE  PERSONS  IN  CIVIL
PROCEEDINGS  UNDER THIS SECTION, SECTIONS ONE HUNDRED NINETY-SIX-A, FIVE
HUNDRED THIRTY-EIGHT, SIX HUNDRED TWENTY, SIX  HUNDRED  TWENTY-ONE,  SIX
HUNDRED  TWENTY-FOUR, SIX HUNDRED SIXTY-THREE AND SIX HUNDRED EIGHTY-ONE
OF THE LABOR LAW, SECTIONS TWENTY-TWO AND  THREE  HUNDRED  FIVE  OF  THE
SOCIAL  SERVICES  LAW,  SECTION 21-904 OF THE ADMINISTRATIVE CODE OF THE
CITY OF NEW YORK, WHERE THERE  IS  A  REVOCATION  OR  SUSPENSION  ISSUED
PURSUANT TO SECTIONS TWO HUNDRED TWENTY-SEVEN, TWO HUNDRED FORTY-TWO AND
TWO HUNDRED SIXTY-ONE OF THE VEHICLE AND TRAFFIC LAW, ARTICLE FORTY-NINE
OF  THE  PUBLIC HEALTH LAW, SECTIONS SEVEN HUNDRED ELEVEN, SEVEN HUNDRED
THIRTEEN, SEVEN HUNDRED THIRTEEN-A, FIVE HUNDRED ONE, ONE THOUSAND NINE-
TY-THREE, SECTION THIRTEEN HUNDRED THREE AND  ARTICLE  THIRTEEN  OF  THE
REAL  PROPERTY  ACTIONS AND PROCEEDINGS LAW, RULE THREE HUNDRED FIVE AND
ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND  RULES  AND  ARTICLE
FOUR OF THE FAMILY COURT ACT. FOR THE PURPOSES OF THIS SECTION THE TERMS
"FINANCIALLY UNABLE" AND "LOW INCOME" SHALL MEAN AN INDIVIDUAL WHO IS AT
OR  BELOW  TWO  HUNDRED  PERCENT OF THE FEDERAL POVERTY GUIDELINES. Each
plan shall also provide for investigative,  expert  and  other  services
necessary  for an adequate defense. The plan shall conform to one of the
following:
  S 4. Subdivision 3 of section 1303 of the real  property  actions  and
proceedings  law,  as  amended by chapter 507 of the laws of 2009 and as
further amended by section 104 of part A of chapter 62 of  the  laws  of
2011, is amended to read as follows:
  3.  The  notice to any mortgagor required by paragraph (a) of subdivi-
sion one of this section shall appear as follows:
                   Help for Homeowners in Foreclosure
  New York State Law requires that we send you  this  notice  about  the
foreclosure process. Please read it carefully.
Summons and Complaint
  You  are  in danger of losing your home. If you fail to respond to the
summons and complaint in this foreclosure  action,  you  may  lose  your
home.  Please read the summons and complaint carefully. You should imme-

S. 5993--A                          9

diately contact an attorney or your local legal  aid  office  to  obtain
advice on how to protect yourself.
Sources of Information and Assistance
  The  State  encourages  you  to  become informed about your options in
foreclosure. In addition to seeking assistance from an attorney or legal
aid office, there are government agencies and  non-profit  organizations
that  you  may contact for information about possible options, including
trying to work with your lender during this process. YOU MAY BE ENTITLED
TO ASSIGNED COUNSEL IF YOU ARE FINANCIALLY UNABLE  TO  OBTAIN  REPRESEN-
TATION.
  To  locate  an  entity  near  you, you may call the toll-free helpline
maintained by the New York State Department  of  Financial  Services  at
(enter number) or visit the Department's website at (enter web address).
Foreclosure rescue scams
  Be careful of people who approach you with offers to "save" your home.
There  are  individuals  who watch for notices of foreclosure actions in
order to unfairly profit from a  homeowner's  distress.  You  should  be
extremely  careful  about any such promises and any suggestions that you
pay them a fee or sign over your deed. State law requires anyone  offer-
ing  such  services  for  profit  to  enter  into a contract which fully
describes the services they will perform and fees they will charge,  and
which  prohibits  them  from  taking  any money from you until they have
completed all such promised services.
  S 5. Section 722-c of the county law, as amended by section 3 of  part
J of chapter 62 of the laws of 2003, is amended to read as follows:
  S  722-c.  Services  other than counsel. Upon a finding in an ex parte
proceeding that investigative, expert or other  services  are  necessary
and  that the defendant or other person described in section two hundred
forty-nine or section two hundred sixty-two of  the  family  court  act,
article  six-C of the correction law [or], section four hundred seven of
the surrogate's court procedure act, SECTION SEVEN HUNDRED TWENTY-TWO OF
THIS  ARTICLE,  SECTIONS  ONE   HUNDRED   NINETY-SIX-A,   FIVE   HUNDRED
THIRTY-EIGHT,  SIX  HUNDRED  TWENTY, SIX HUNDRED TWENTY-ONE, SIX HUNDRED
TWENTY-FOUR, SIX HUNDRED SIXTY-THREE AND SIX HUNDRED EIGHTY-ONE  OF  THE
LABOR  LAW,  SECTIONS  TWENTY-TWO  AND  THREE HUNDRED FIVE OF THE SOCIAL
SERVICES LAW, SECTION 21-904 OF THE ADMINISTRATIVE CODE OF THE  CITY  OF
NEW  YORK,  WHERE THERE IS A REVOCATION OR SUSPENSION ISSUED PURSUANT TO
SECTIONS TWO HUNDRED TWENTY-SEVEN, TWO HUNDRED FORTY-TWO AND TWO HUNDRED
SIXTY-ONE OF THE VEHICLE AND TRAFFIC  LAW,  ARTICLE  FORTY-NINE  OF  THE
PUBLIC  HEALTH  LAW,  SECTIONS SEVEN HUNDRED ELEVEN, SEVEN HUNDRED THIR-
TEEN,  SEVEN  HUNDRED  THIRTEEN-A,  FIVE  HUNDRED  ONE,   ONE   THOUSAND
NINETY-THREE,  THIRTEEN  HUNDRED  THREE AND ARTICLE THIRTEEN OF THE REAL
PROPERTY ACTIONS AND PROCEEDINGS LAW, RULE THREE HUNDRED FIVE AND  ARTI-
CLE  SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES, AND ARTICLE FOUR
OF THE FAMILY COURT ACT, is financially unable to obtain them, the court
shall authorize counsel, whether or not assigned in  accordance  with  a
plan,  to  obtain  the services on behalf of the defendant or such other
person. The court upon a finding that timely  procurement  of  necessary
services  could not await prior authorization may authorize the services
nunc pro tunc. The court shall determine reasonable compensation for the
services and direct payment to the person who rendered them  or  to  the
person  entitled  to reimbursement. [Only in extraordinary circumstances
may the court provide for compensation in excess of one thousand dollars
per investigative, expert or other service provider.]
  Each claim for compensation shall be supported by  a  sworn  statement
specifying  the  time expended, services rendered, expenses incurred and

S. 5993--A                         10

reimbursement or compensation applied for or received in the  same  case
from any other source.
  S 6. Section 227 of the vehicle and traffic law is amended by adding a
new subdivision 7 to read as follows:
  7. A FINANCIALLY UNABLE PERSON WHO IS CHARGED WITH AN OFFENSE PUNISHA-
BLE  BY  A REVOCATION OR SUSPENSION OF HIS OR HER DRIVERS' LICENSE WHERE
THE PERSON IS DEPENDENT ON DRIVING FOR THEIR EMPLOYMENT OR  WHERE  THERE
IS  A  LACK  OF  PUBLIC  TRANSPORTATION IN THE PERSON'S SURROUNDING AREA
SHALL HAVE A RIGHT TO ASSIGNED COUNSEL BY THE COURT. ASSIGNMENT OF COUN-
SEL UNDER THIS SECTION SHALL BE IMPLEMENTED AS PROVIDED IN ARTICLE EIGH-
TEEN-B OF THE COUNTY LAW. FOR THE PURPOSES  OF  THIS  SECTION  THE  TERM
"FINANCIALLY  UNABLE"  SHALL  MEAN  AN INDIVIDUAL WHO IS AT OR BELOW TWO
HUNDRED PERCENT OF THE FEDERAL POVERTY GUIDELINES.
  S 7. Section 261 of the vehicle and traffic law is amended by adding a
new subdivision 5 to read as follows:
  5. ASSIGNMENT OF COUNSEL. A FINANCIALLY UNABLE PERSON WHO  IS  CHARGED
WITH  AN  OFFENSE PUNISHABLE BY A REVOCATION OR SUSPENSION OF HIS OR HER
DRIVERS' LICENSE WHERE THE PERSON IS  DEPENDENT  ON  DRIVING  FOR  THEIR
EMPLOYMENT  OR  WHERE  THERE  IS  A LACK OF PUBLIC TRANSPORTATION IN THE
PERSON'S SURROUNDING AREA SHALL HAVE A RIGHT TO ASSIGNED COUNSEL BY  THE
COURT.  ASSIGNMENT OF COUNSEL UNDER THIS SECTION SHALL BE IMPLEMENTED AS
PROVIDED IN ARTICLE EIGHTEEN-B OF THE COUNTY LAW. FOR  THE  PURPOSES  OF
THIS  SECTION THE TERM "FINANCIALLY UNABLE" SHALL MEAN AN INDIVIDUAL WHO
IS AT OR BELOW TWO HUNDRED PERCENT OF THE FEDERAL POVERTY GUIDELINES.
  S 8. The state finance law is amended by adding a new section 98-d  to
read as follows:
  S  98-D.  CIVIL GIDEON ASSISTANCE FUND. 1. THERE IS HEREBY ESTABLISHED
IN THE JOINT CUSTODY OF THE COMPTROLLER, OFFICE OF COURT  ADMINISTRATION
AND  THE COMMISSIONER OF TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN
AS THE CIVIL GIDEON ASSISTANCE FUND.
  2. SUCH FUND SHALL CONSIST OF ALL MONEYS APPROPRIATED FOR THE  PURPOSE
OF  SUCH  FUND, ALL OTHER MONEYS REQUIRED TO BE PAID INTO OR CREDITED TO
SUCH FUND, AND ALL MONEYS RECEIVED BY THE FUND OR DONATED TO IT.
  3. A ONE-TIME SURCHARGE OF SEVENTY-FIVE DOLLARS SHALL BE ADDED TO  THE
BIENNIAL ATTORNEY FEES TO BE ADDED TO THIS FUND, AS SET FORTH IN SECTION
FOUR HUNDRED SIXTY-EIGHT-A OF THE JUDICIAL LAW.
  (A)  THE PURPOSE OF SUCH FUND SHALL BE TO: (I) ASSIST COUNTIES AND, IN
THE CASE OF A COUNTY WHOLLY CONTAINED  WITHIN  A  CITY,  SUCH  CITY,  IN
PROVIDING LEGAL REPRESENTATION FOR PERSONS WHO ARE FINANCIALLY UNABLE TO
AFFORD  COUNSEL  PURSUANT  TO ARTICLE EIGHTEEN-C OF THE COUNTY LAW; (II)
ASSIST THE STATE, IN IMPROVING  THE  QUALITY  OF  CIVIL  LEGAL  SERVICES
ADDRESSING THE ESSENTIALS OF LIFE AND FUNDING REPRESENTATION PROVIDED BY
ASSIGNED  COUNSEL  PAID  IN  ACCORDANCE  WITH SECTION THIRTY-FIVE OF THE
JUDICIARY LAW; (III) PROVIDE SUPPORT FOR THE OPERATIONS, DUTIES, RESPON-
SIBILITIES AND EXPENSES FOR THE RIGHT TO CIVIL REPRESENTATION COMMISSION
AND PANEL ESTABLISHED, RESPECTIVELY, PURSUANT TO THIS ARTICLE; AND  (IV)
PROVIDE FUNDING FOR LEGAL REPRESENTATION AS DESCRIBED HEREIN.
  (B)  STATE  FUNDS RECEIVED BY A COUNTY OR CITY FROM SUCH FUND SHALL BE
USED TO SUPPLEMENT AND NOT SUPPLANT ANY LOCAL FUNDS WHICH SUCH COUNTY OR
CITY WOULD OTHERWISE HAVE HAD TO EXPEND FOR THE PROVISION OF COUNSEL AND
EXPERT, INVESTIGATIVE AND OTHER SERVICES PURSUANT TO ARTICLE  EIGHTEEN-C
OF  THE  COUNTY  LAW.  ALL SUCH STATE FUNDS RECEIVED BY A COUNTY OR CITY
SHALL BE USED TO IMPROVE THE QUALITY OF SERVICES  PROVIDED  PURSUANT  TO
ARTICLE EIGHTEEN-C OF THE COUNTY LAW.
  (C) AS USED IN THIS SECTION, "LOCAL FUNDS" SHALL MEAN ALL FUNDS APPRO-
PRIATED  OR  ALLOCATED  BY  A  COUNTY OR, IN THE CASE OF A COUNTY WHOLLY

S. 5993--A                         11

CONTAINED WITHIN A CITY, SUCH CITY, FOR SERVICES AND EXPENSES IN ACCORD-
ANCE WITH ARTICLE  EIGHTEEN-C  OF  THE  COUNTY  LAW,  OTHER  THAN  FUNDS
RECEIVED  FROM:  (I)  THE  FEDERAL  GOVERNMENT  OR  THE STATE; OR (II) A
PRIVATE  SOURCE,  WHERE  SUCH  CITY OR COUNTY DOES NOT HAVE AUTHORITY OR
CONTROL OVER THE PAYMENT OF SUCH FUNDS BY SUCH PRIVATE SOURCE.
  3. AMOUNTS DISTRIBUTED FROM SUCH FUND  SHALL  BE  LIMITED  TO  AMOUNTS
DEEMED  APPROPRIATE  BY  THE OFFICE OF COURT ADMINISTRATION AND SHALL BE
DISTRIBUTED PROPORTIONATELY BY LEVEL OF NEED AT THE COURT'S DISCRETION.
  (A) FOR ALL STATE FISCAL YEARS, EACH COUNTY AND THE CITY OF NEW  YORK,
SHALL  RECEIVE  NINETY  PERCENT OF THE AMOUNT PAID TO SUCH COUNTY IN THE
PREVIOUS FISCAL YEAR.
  (B) REMAINING AMOUNTS WITHIN SUCH FUND, AFTER  ACCOUNTING  FOR  ANNUAL
PAYMENTS  REQUIRED  IN  THIS  SECTION SHALL BE DISTRIBUTED IN ACCORDANCE
WITH SECTIONS EIGHT HUNDRED THIRTY-TWO AND EIGHT HUNDRED THIRTY-THREE OF
THE EXECUTIVE LAW.
  S 9. Subdivision 5 of section 468-a of the judiciary law is renumbered
subdivision 6 and a new subdivision 5 is added to read as follows:
  5. A ONE-TIME SURCHARGE OF SEVENTY-FIVE DOLLARS SHALL BE ADDED TO  THE
BIENNIAL  ATTORNEY  FEES TO BE ALLOCATED TO AND BE DEPOSITED INTO A FUND
ESTABLISHED PURSUANT TO THE PROVISIONS  OF  ARTICLE  EIGHTEEN-C  OF  THE
COUNTY  LAW.  SUCH  SURCHARGE SHALL BE ASSESSED TO EVERY ATTORNEY IN THE
SAME MANNER AS THE BIENNIAL FEE DESCRIBED IN  SUBDIVISION  ONE  OF  THIS
SECTION.
  S  10.  This act shall take effect immediately, and the appointment of
members to the civil right to counsel commission and the assigned  coun-
sel  for civil matters review panel shall be completed within 90 days of
such effective date.