ALBANY, N.Y. — In outlining its priorities for the coming legislative session, the New York State Association of Counties is calling for the state to pick up the tab for any increase in the hourly rates paid to lawyers for indigent individuals.
The lobby group for counties is also calling for the transportation of children with special needs who attend early intervention and preschool programs to become the responsibility of school districts and regional Board of Cooperative Educational Services systems.
“Counties are willing to partner with the state and school districts or regional BOCES to help pay for the transportation of these students to avoid a negative financial impact on school districts,” NYSAC said in its list of recommendations heading into the state budget season.
Without the state shielding counties from the full cost of paying for legal services for indigent individuals and children, the counties could be on the hook for millions of dollars in added expenses as a result of litigation seeking to raise the hourly rate for so-called 18-b lawyers to $158 per hour.
The New York State Bar Association pointed out in a recently filed lawsuit against the state that the rate for those lawyers has remained at $60 per hour for misdemeanors and $75 for felonies since 2004.
Assigned counsel rates in the federal courts have already been set at $158 per hour. The Bar Association argues the rate in the state courts should match the federal court rates in the 57 counties...
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