N.Y. Jud. Law § 35

§ 35. Assignment of counsel to indigent persons and appointment of\nphysicians in certain proceedings. 1. a. When a court orders a hearing\nin a proceeding upon a writ of habeas corpus to inquire into the cause\nof detention of a person in custody in a state institution, or when it\norders a hearing in a civil proceeding to commit or transfer a person to\nor retain him in a state institution when such person is alleged to be\nmentally ill, mentally defective or a narcotic addict, or when it orders\na hearing for the commitment of the guardianship and custody of a child\nto an authorized agency by reason of the mental illness or mental\nretardation of a parent, or when it orders a hearing to determine\nwhether consent to the adoption of a child shall be required of a parent\nwho is alleged to be mentally ill or mentally retarded, or when it\norders a hearing to determine the best interests of a child when the\nparent of the child revokes a consent to the adoption of such child and\nsuch revocation is opposed or in any adoption or custody proceeding if\nit determines that assignment of counsel in such cases is mandated by\nthe constitution of this state or of the United States, the court may\nassign counsel to represent such person if it is satisfied that he is\nfinancially unable to obtain counsel. Upon an appeal taken from an order\nentered in any such proceeding, the appellate court may assign counsel\nto represent such person upon the appeal if it is satisfied that he is\nfinancially unable to obtain counsel.\n b. Upon an appeal in a criminal action or in a proceeding in the\nfamily court or surrogate's court wherein the defendant or person\nentitled to counsel pursuant to the family court act or surrogate's\ncourt procedure act, is financially unable to obtain counsel, the court\nof appeals or the appellate division of the supreme court may assign\ncounsel other than in the manner as is prescribed in section seven\nhundred twenty-two of the county law only when it is satisfied that\nspecial circumstances require such assignment.\n 2. The chief administrator of the courts may enter into an agreement\nwith a legal aid society for the society to provide assigned counsel in\nthe proceedings specified in subdivision one of this section. The\nagreement shall be in a form approved by the chief administrator and\nshall provide a general plan for a program of assigned counsel services\nto be provided by such society. It shall also provide that the society\nshall be reimbursed on a cost basis for services rendered.\n 3. No counsel assigned pursuant to this section shall seek or accept\nany fee for representing the person for whom he or she is assigned\nwithout approval of the court as herein provided. Whenever it appears\nthat such person is financially able to obtain counsel or make partial\npayment for the representation, counsel may report this fact to the\ncourt and the court may terminate the assignment or authorize payment,\nas the interests of justice may dictate, to such counsel. Counsel\nassigned hereunder shall at the conclusion of the representation receive\ncompensation at a rate of seventy-five dollars per hour for time\nexpended in court, and seventy-five dollars per hour for time reasonably\nexpended out of court, and shall receive reimbursement for expenses\nreasonably incurred. For representation upon a hearing, compensation and\nreimbursement shall be fixed by the court wherein the hearing was held\nand such compensation shall not exceed four thousand four hundred\ndollars. For representation in an appellate court, compensation and\nreimbursement shall be fixed by such court and such compensation shall\nnot exceed four thousand four hundred dollars. In extraordinary\ncircumstances the court may provide for compensation in excess of the\nforegoing limits.\n 4. In any proceeding described in paragraph (a) of subdivision one of\nthis section, when a person is alleged to be mentally ill, mentally\ndefective or a narcotic addict, the court which ordered the hearing may\nappoint no more than two psychiatrists, certified psychologists or\nphysicians to examine and testify at the hearing upon the condition of\nsuch person. A psychiatrist, psychologist or physician so appointed\nshall, upon completion of his services, receive reimbursement for\nexpenses reasonably incurred and reasonable compensation for such\nservices, to be fixed by the court. Such compensation shall not exceed\ntwo hundred dollars if one psychiatrist, psychologist or physician is\nappointed, or an aggregate sum of three hundred dollars if two\npsychiatrists, psychologists or physicians are appointed, except that in\nextraordinary circumstances the court may provide for compensation in\nexcess of the foregoing limits.\n 4-a. In any proceeding under article ten of the mental hygiene law,\nthe court which ordered the hearing may appoint no more than two\npsychiatrists, certified psychologists or physicians to examine and\ntestify at the hearing upon the condition of such person. A\npsychiatrist, psychologist or physician so appointed shall, upon\ncompletion of his or her services, receive reimbursement for expenses\nreasonably incurred and reasonable compensation for such services, to be\nfixed by the court in accordance with subdivision (a) of section 10.15\nof the mental hygiene law.\n 5. All expenses for compensation and reimbursement under this section\nshall be a state charge to be paid out of funds appropriated to the\nadministrative office for the courts for that purpose. Any rules and\norders respecting the assignment and compensation of counsel, and the\nappointment and compensation of psychiatrists, psychologists or\nphysicians pursuant to this section and the form and manner of\nprocessing of a claim submitted pursuant to this section shall be\nadopted by the chief administrator. Each claim for compensation and\nreimbursement pursuant to subdivisions three and four of this section\nshall be submitted for approval to the court which made the assignment\nor appointment, and shall be on such form as the chief administrator may\ndirect. After such claim is approved by the court, it shall be certified\nto the comptroller for payment by the state, out of the funds\nappropriated for that purpose.\n 6. Assigned counsel and guardians ad litem appointed pursuant to the\nprovisions of title two of article nine-B of the social services law\nshall be compensated in accordance with the provisions of this section.\n 7. Whenever the supreme court or a surrogate's court shall appoint\ncounsel in a proceeding over which the family court might have exercised\njurisdiction had such action or proceeding been commenced in family\ncourt or referred thereto pursuant to law, and under circumstances\nwhereby, if such proceeding were pending in family court, such court\nwould be authorized by section two hundred forty-nine of the family\ncourt act to appoint an attorney for the child, such counsel shall be\ncompensated in accordance with the provisions of this section.\n 8. Whenever supreme court shall exercise jurisdiction over a matter\nwhich the family court might have exercised jurisdiction had such action\nor proceeding been commenced in family court or referred thereto\npursuant to law, and under circumstances whereby, if such proceedings\nwere pending in family court, such court would be required by section\ntwo hundred sixty-two of the family court act to appoint counsel,\nsupreme court shall also appoint counsel and such counsel shall be\ncompensated in accordance with the provisions of this section.\n