N.Y. Comp. Codes R. & Regs. tit. 22 § 1015.9

Current through Register Vol. 46, No. 17, April 24, 2024

Section 1015.9 - Compensation of attorneys assigned as defense counsel

(a) No attorney assigned as defense counsel in a criminal case shall demand, accept, receive or agree to accept any payment, gratuity or reward, or any promise of payment, gratuity, reward, thing of value or personal advantage from the client or any other person in relation to the matter, except as expressly authorized by statute or by written order of a court.

(b) All vouchers submitted by attorneys, psychiatrists or physicians, pursuant to section 35 of the Judiciary Law and section 722(b) of the County Law in which the compensation sought exceeds the statutory limits shall be submitted to the judge or justice before whom the matter was heard for approval or modification. The attorney, psychiatrist or physician shall attach thereto an affidavit describing the unusual or extraordinary circumstances which warrant the additional fee. Time itself does not necessarily constitute an extraordinary circumstance.

(c) A judge or justice approving such a fee, shall certify that the circumstances are unusual or extraordinary and that therefore a fee in excess of the statutory limit has been earned and the amount thereof. Such certification shall state circumstances, other than additional time, which justify the fee recommended. In the absence of either the attorney's affidavit or the court's certification, additional compensation shall not be allowed.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 1015.9