New York State Ass'n of Criminal Defense Lawyers v. Kaye

OPINION OF THE COURT

On this appeal, we determine the extent of authority that Judiciary Law § 35-b confers on the Court of Appeals in con nection with the rate of compensation for assigned counsel in capital cases.

Judiciary Law § 35-b 1 provides for four-member screening panels, one for each Judicial Department, charged with proposing and periodically updating fee schedules for assigned capital counsel, in consultation with the Administrative Board of the Courts. 2 The fee schedules are subject to approval by the Court of Appeals.

In November 1996, the Court of Appeals, acting in its…