 | RESOLUTION NO. 147 of 2023 DATED: June 27, 2023 |
RESOLUTION TO PAY SUM TO ON-CALL PART TIME ASSISTANT PUBLIC DEFENDERS BETWEEN THE HOURS OF 9:00 P.M. AND 7:00 A.M. (PUBLIC DEFENDER)
| Seconded by: | Kowalczyk |
WHEREAS, the final enacted FY 2023-24 State budget, County Law § 722-b was amended to increase the hourly rate paid to private attorneys who take assigned cases in Criminal and Family Court matters (often referred to as “18-B attorneys”). This amendment is found in Part GG of Article VII Education, Labor, and Family Assistance bill. This change to County Law § 722-b increases the hourly rate paid to 18-B attorneys to $158 – the same rate for all types of cases (misdemeanors, felonies, Family Court matters, and appeals) and in all counties in NYS. The effective date of this rate increase is April 1, 2023; and
WHEREAS, the increase in the rate paid to assigned counsel, 18-B attorneys will necessitate a monetary increase for members of the Public Defender Office to remain competitive and prevent loss of members of the Public Defender Office; and
WHEREAS, to help prevent the loss of members to the Public Defender Office in order to meet the State mandated requirements for representation of indigent clients by the Public Defender Office it is urgently needed to provide this incentive to retain the members of the Public Defender Office.
RESOLVED, that during those days and times when members of the Public Defender Office are scheduled to be on call, (CAFA / Counsel At First Appearance) attorneys shall be paid the sum of $200 for each call received by the attorney between the hours of 9:00 p.m. and 7:00 a.m., and for which a personal appearance is actually made in Court as the result of said call.
MOTION TO AMEND by Legislator Pepe, seconded by Legislator Kowalczyk,
to amend the financial impact from:
$200 per call
to:
Grant Funded
passed with Aye(8). Legislator VACANT was absent.(6/27/2023)
RESOLUTION VOTE, passed with Aye(8). Legislator VACANT was absent. (6/27/2023)
Statement of Legislative and Financial Impact:
I. Nature of Request:
Pay Sum amount per call to on call CAFA Public Defender
II. Justification:
To deflect the loss of much needed employees
III. Legislative Impact:
Pursuant to Article 2 of the Charter, the Montgomery County Legislature has the power to make appropriations.
IV. Financial Impact:
$200 per call
| cc: | County Clerk County Treasurer |
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