MAY 2023 BAIL REFORM AMENDMENTS

We are lucky to be able to share an excellent article on the May 2023 Bail Reform Amendments by Krystal Rodriguez and Michael Rempel of the Data Collaborative for Justice at John Jay College that recently appeared in the NYSBA Criminal Justice Section newsletter. It includes a discussion of the history of the Bail Reform laws and an in depth look at the most recent amendments. It also includes a very helpful “bench card” of the types of crimes which qualify for ROR, money bail, and remand. If you have any questions, please contact our office. The article can be found here: May 2023 Bail Reform Amendments Update.

ASSIGNED COUNSEL RATES INCREASE TO $158/HOUR AS OF APRIL 1, 2023 

The New York State Budget approved an hourly increase for all 18-b related matters billed on or after April 1, 2023. Therefore:

1. All time entries for work performed prior to April 1, 2023, will continue to be billed at $60/hour for misdemeanors/violations and $75/hour for felonies, family court matters, appeals, probation revocations, parole matters and youth part cases. 

2. All time entries for work performed on or after April 1, 2023, will be billed at $158/hour for all matters. This means that all time billed on or after April 1, 2023, will be billed at the same $158/hour rate regardless of whether it is a misdemeanor, violation, felony, family court matter, or appeal, etc.  

Any previously submitted vouchers with time entries on or after April 1, 2023, billed incorrectly at $60/hour or $75/hour will be corrected by the OAC to the new rate of $158/hour in cooperation with the appropriate court so they are paid accurately.

Panel members will need to total their pre-April 1, 2023 time from their Log Sheets and multiply it by either $60/hour or $75/hour depending on the type of case in the box titled “Amount Claimed” in the middle of the page. Panel members will also need to multiply any time entries on or after April 1, 2023, from their Log Sheets by $158/hour in the box titled “Amount Claimed” and then total those amounts, including any other expenses, on the “Total to be reimbursed” line.

No other portions of the voucher forms are changing at this time and should continue to be completed as they have been in the past.

If you need additional voucher forms, they can be: (1) mailed to you at your request; (2) picked up at our office at 1 Railroad Avenue, Suite 2-2, Goshen, NY; or (3) picked up in the attorney waiting room of the Orange County Family Court located on the 2^nd floor of the Orange County Courthouse at 285 Main Street, Goshen, NY.

For appellate matters, attorneys should continue to submit their vouchers utilizing the same Appellate Division, Second Department cover sheet and simply adjust their rates to $158/hour for any post April 1, 2023 time in their billing form or affidavit. The appellate voucher form can be found in the “OAC Forms” section on our website, here.

Additionally, the current maximum of $2,400/per case for misdemeanors and violations and $4,400/per case for felonies, family court matters, appeals, etc., has been increased to $10,000/per case and now applies to all matters whether it is a misdemeanor, violation, felony, family court matter, or appeal, etc.

This new maximum voucher cost per case can still be exceeded with the approval of the Court and our office subject to the panel member filing an affirmation of extraordinary circumstances outlining the reasons for the additional time and expense above the $10,000/per case threshold. That affirmation should accompany the voucher when it is submitted to the Court for review and approval. If a panel member needs a sample affirmation to exceed the statutory maximum amount of a voucher it can be viewed here: OAC Forms page.