N.Y. Comp. Codes R. & Regs. tit. 22 § 679.14

Current through Register Vol. 46, No. 42, October 16, 2024

Section 679.14 - Compensation of attorneys for children

(a) Claims by attorneys for children for services rendered pursuant to Family Court Act, section 245 shall be submitted for approval to the Family Court Judge on forms authorized by the Chief Administrator of the Courts. After approval of modification, the Family Court shall forward the claim to the Appellate Division for review by the Presiding Justice or his or her designee. If approved, the Presiding Justice or designee shall certify the claim to the Comptroller for payment.

(b) Claims for compensation by attorneys for children in excess of the statutory limits set by Family Court Act, section 245 and Judiciary Law, section 35 shall be accompanied by a sworn statement by the attorney for the child describing the nature of the proceeding, specifying the time and services rendered and expenses incurred, and detailing the circumstances deemed to be extraordinary that justify a fee in excess of the statutory limits. In the absence of the attorney for the child's supporting affidavit, excess compensation shall not be allowed. The Family Court, in granting an excess compensation claim, shall make a written finding setting forth the extraordinary circumstances justifying a fee in excess of statutory limits.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 679.14