DEFENSE LAWYERS v. KAYE


96 N.Y.2d 512 (2001)

755 N.E.2d 837

730 N.Y.S.2d 477

In the Matter of NEW YORK STATE ASSOCIATION OF CRIMINAL DEFENSE LAWYERS et al., Appellants, v. JUDITH S. KAYE, as Chief Judge of the New York State Court of Appeals, et al., Respondents.

Court of Appeals of the State of New York.

Decided June 14, 2001.


Attorney(s) appearing for the Case

Paul, Weiss, Rifkind, Wharton & Garrison, New York City (Jay Cohen and Julia Tarver of counsel), for appellants.

Eliot Spitzer, Attorney General, Albany (Alicia R. Ouellette, Preeta D. Bansal, Daniel Smirlock, Peter H. Schiff and Peter G. Crary of counsel), for respondents.

Judges SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur in Per Curiam opinion; Chief Judge KAYE and Judge GRAFFEO taking no part.


OPINION OF THE COURT

Per Curiam.

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

Judiciary Law § 35-b1 provides for four-member screening panels, one for each Judicial Department, charged with proposing and periodically updating...

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