Voucher Regulations
Assigned counsel should refer to the Monroe County Assigned Counsel Program Voucher Regulations for answers to specific questions. All assigned counsel shall strictly follow the Voucher Regulations.
Voucher Submission
Assigned counsel should submit vouchers directly to the Conflict Defender at 80 West Main Street, Suite 300, Rochester, New York 14614. The Conflict Defender will review them before submission to the assigning judge. After review and signature of the voucher, the judge will return the voucher to the Conflict Defender for final approval before submission to the Monroe County Controller's Office for payment. Assigned counsel must submit vouchers within twenty business days (four weeks) of case completion.
Statutory Rates and Limits
County Law 722-b governs the applicable hourly rates and the maximum fee scale for assigned counsel as follows:
$75/Hour Rate applies to:
- Felonies (except capital cases);
- Appeals (felonies, misdemeanors, violations);
- SORA hearings/appeals;
Parole representation; - Parole administrative appeals;
- Probation Violations (where underlying conviction is felony);
- Family Court representation;
- and CPL Article 440 motions (if counsel is assigned).
$60 Rate applies to:
- Misdemeanors and lesser offenses where no felony is charged;
- Probation Violations (where underlying conviction is misdemeanor or lesser offense);
Limits
- For $75 Rate Cases $4,400.00
- For $60 Rate Cases $2,400.00
Fees More Than the Statutory Limit
If requesting a fee of more than the statutory limit, an attorney's affidavit outlining the extraordinary circumstances justifying payment of more than the statutory limit must accompany the voucher. The order and certification are included on the voucher and do not have to be prepared by counsel.
Partial Payment
The Assigned Counsel Program will not authorize partial payments or interim vouchers unless extraordinary circumstances exist. In such cases, written authorization from the assigning judge for partial payment must accompany the voucher. Final approval of the request for partial payment rests with the Conflict Defender.
Assigned Counsel cannot bill the County for work done by others.
Notice of Correction
The Conflict Defender will notify attorneys if there is an adjustment to their voucher in an amount more than $50.00. Notice regarding adjustments of amounts less than $50.00 may be given, but is not required.
722-d Orders
If the court assigns counsel to represent a client pursuant to section 722-d of the County Law, it is the assigned counsel's responsibility to prepare an order requiring the client to reimburse the County of Monroe for legal services rendered. The attorney must submit the original court order with the attorney's claim voucher. Additionally, the voucher or log sheet must contain the most recent mailing address of your client so the Assigned Counsel Program can try to collect the 722-d payments.
Experts
Before engaging an expert, assigned counsel must seek approval of the assigning judge and obtain a court order to that effect. The expert should submit the original court order with the voucher for payment.
Criminal Cases
Assigned Counsel handling criminal matters must abide by Rule 1022.11(a) of the New York Code of Rules and Regulations. The Rule mandates that the attorney provide at the time of sentencing, written notice concerning a defendant's right to appeal.
Maximum Number of Assignments
According to the terms of the Assigned Counsel Plan, panel attorneys may accept assignments only up to a maximum number annually. The Conflict Defender will determine the maximum number of allowable annual assignments. All Assigned Counsel Panel Attorneys agree to abide by the maximum annual caseload.
Stenographic Transcripts
The court stenographer receives payment for transcripts directly. Prior approval from the Conflict Defender is necessary to request daily copy or an expedited transcript. Assigned Counsel should never include costs of a stenographic transcript in the attorney claim voucher.
