N.Y. Comp. Codes R. & Regs. tit. 22 § 835.5

Current through Register Vol. 46, No. 45, November 2, 2024

Section 835.5 - Compensation

(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 or modification, the Family Court shall forward the claim to the Appellate Division for approval and certification to the Comptroller for payment. If a claim is received by the Appellate Division more than 90 days after the date of completion of services, the attorney may be requested to provide an affidavit (1) stating that counsel has not previously applied for payment or been paid for the services in question, and (2) explaining the reasons for the delay in submitting the claim for payment. The Appellate Division reserves the right to disapprove any claim for compensation received more than 90 days after the date of completion of services.

(b) Claims for compensation 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 describing the nature of the proceeding, specifying the time and services rendered and expenses incurred, and detailing the circumstances deemed to be extraordinary justifying a fee in excess of the statutory limits. In the absence of the attorney's affidavit in support of the excess fee, compensation in excess of statutory limits shall not be allowed.

(1) The following are among the factors which may be considered in determining whether extraordinary circumstances exist justifying a fee in excess of statutory limits:

(i) unusually complex factual or legal issues;

(ii) novel issues of law requiring extensive legal research;

(iii) lengthy and necessary trial or other in-court proceedings which alone raise the compensation claim above statutory limits; and

(iv) other unique or unusual circumstances which required the attorney for the child to spend additional time on a case raising the compensation claim above statutory limits.

(2) The expenditure of time alone will not ordinarily be considered an extraordinary circumstance warranting additional compensation.

(c) When an attorney for the child expects the reasonable expenses of representation allowable pursuant to Family Court Act section 245 and Judiciary Law section 35 to exceed $1,000, for investigative, expert or other services, the attorney, before incurring such expenses, shall obtain the approval of the judge presiding in the proceeding and of the Appellate Division.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 835.5