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1
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OPINION
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EXTRACTED KEY WORDS
PLAINTIFFS FEES STATUTE COURT JUDICIARY LAW PARALEGAL ASSISTANCE COUNSEL ATTORNEYS SCHEDULE CERTIFICATION COMPENSATION DOB PROCEEDING VOUCHERS APPROVING APPELLATE DIVISION ADEQUATE CDO DETERMINATION AUTHORITY NECESSITY EXPENSES CAPITAL DEFENSE APPEALS REASONING ADMINISTERING JUDGEMENT DECLARATORY PROMULGATION |
4 No. 42
Mark J. Mahoney, et al.,
Respondents-Appellants,
v.
George E. Pataki, as Governor of the State of New York, et al.,
Appellants-Respondents.
_________________________________________________________________
(Appeal No. 2)
_________________________________________________________________
2002 NY Int. 57
May 7, 2002
This opinion is uncorrected and subject to revision before publication
in the New York Reports.
James L. Magavern, for appellants-respondents.
Mark J. Mahoney, for respondents-appellants.
National Federation of Paralegal Associations, amicus curić.
_________________________________________________________________
PER CURIAM:
In November 1996, and again in December 1998, this Court approved fee
schedules for certain court-appointed capital defense expenses
pursuant to Judiciary Law § 35-b(5)(a). Among the fees approved
were rates for reasonably necessary legal and paralegal assistance to
capital counsel. Defendants here, the Governor and the Director of the
State Division of the Budget (DOB), contend that the Appellate
Division screening panels and the Court of Appeals exceeded their
statutory authority in setting a schedule of fees that included
compensation for legal and paralegal assistance. We conclude, however,
that Judiciary Law § 35-b(5)(a) authorizes a schedule of fees for
capital representation that includes legal and paralegal assistance
and, therefore, the determination that the fees were permissibly set
should be affirmed.(1)
I
Plaintiffs, attorneys who have represented defendants in capital
cases, challenge a determination of the DOB which advised the Capital
Defender Office (CDO) not to submit vouchers for payment claiming
compensation for legal assistance and paralegals. The compensation
scheme for private attorneys who do court-appointed capital defense
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