N.Y. Comp. Codes R. & Regs. tit. 22 § 127.7

Current through Register Vol. 46, No. 43, October 23, 2024

Section 127.7 - Workload of Attorneys and Law Offices Providing Representation to Indigent Clients in Criminal Matters in New York City

(a) The number of matters assigned in a calendar year to an attorney appointed to represent indigent clients in criminal matters pursuant to article 18-B of the County Law in New York City shall not exceed 150 felony cases; or 400 misdemeanor cases; or a proportionate combination of felony and misdemeanor cases (at a ratio of 1:2.66). Where staff attorneys employed by an indigent defense organization within the City of New York are appointed to represent clients in criminal matters pursuant to article 18-B of the County Law, these limits shall apply as an average per staff attorney within the organization, so that the organization may assign individual staff attorneys cases in excess of the limits to promote the effective representation of clients.

(b) The Chief Administrator of the Courts shall annually, at the time of the preparation and submission of the judiciary budget, review the workload of such organizations and attorneys, and shall take action to promote compliance with this rule. In undertaking such review, the Chief Administrator may consider:

(1) differences among categories of cases that comprise the workload of the defense organization;

(2) the level of activity required at different phases of the proceeding;

(3) local court practice, including the duration of a case; and

(4) any other factor the Chief Administrator deems relevant.

(c) These workload standards shall constitute non-binding guidelines between April 1, 2010 and March 31, 2014, and shall be binding effective April 1, 2014.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 127.7