Vouchers

In order to be paid, Panelists must submit vouchers to this office. Vouchers should be filled out neatly (handwritten or typed) and, except in the case of appellate cases, returned to this office in duplicate.

There are two types of vouchers: a short form (County) voucher and a long form voucher. There is only one type of short form voucher. It is explained below. There are five different long form vouchers. There are long form vouchers for criminal matters (both misdemeanors and felonies), Family Court matters, appellate matters, expert witnesses and court reporters. No matter what kind of case you have, two copies of the short form voucher and two copies of the applicable long form voucher must be submitted to us on each case.

The Short Form Voucher

This voucher is entitled "Claim Voucher" and is printed by Nassau County. A sample follows this text. It is printed in triplicate but it can be duplicated by you or you can download it and print out copies as necessary. The first and second sheets of this pre-printed form (or two copies if you reproduce it on your own) should be returned to this office. The third sheet is for your records and should be retained by you.

The Long Form Vouchers

1. Criminal cases (misdemeanors and felonies). This voucher is entitled "Voucher - Nassau County Assigned Counsel Defender Plan". A sample follows this text. This is an internal form of the 18B office. It is printed in triplicate but it can be duplicated by you or you can download it and print out copies as necessary. This voucher should be filled in as indicated on the form itself, with in-court and out-of-court time enumerated at spaces "I" and "II". If disbursements exist, they should be listed at space "III" and a separate rider attached. If any money is received from the defendant, this should be listed at space "IV". The form should be dated and signed near the bottom, where indicated. The first and second sheets of this pre-printed form (or two copies in the event you reproduce it on your own) should be returned to this office, together with two copies of the short form voucher (see above). The third is for your records and should be retained by you.

Note: This voucher should also be used for "attorney of the day" billing. In such case, you should simply state "Arraignment B/511", "Parts 11 & 12" or "Part 9" in the space marked "Client's Full Name", and then list the appropriate number of hours under "In-Court Time" at space "I".

2. Family Court Cases - This voucher is entitled "Family Court Voucher - Nassau County Assigned Counsel Defender Plan". A sample follows this text. This is an internal form of the 18B office. It is printed in triplicate but it can be duplicated by you or you can download it and print out copies as necessary. Except for certain spaces in the top section which are applicable to Family Court matters as opposed to criminal cases, this voucher and the procedure regarding it are identical to the criminal court voucher discussed immediately above. It should be completed and forwarded to this office, in duplicate, together with two copies of the short form voucher, in the same manner as the criminal court voucher.

3. Appellate Cases - This voucher is entitled "Voucher for Compensation and Expenses of Appeals Counsel". A sample follows this text. This is an internal form of the 18B office. It can be duplicated or you can download it and print out copies as necessary. It should be completed as indicated but, with respect to space "II(d)", a separate rider should be attached detailing your out-of-court activity. This rider is usually in the form of an affirmation. This voucher should be submitted in duplicate, together with two copies of the short form voucher (see above). Unlike the other vouchers, however, appellate vouchers should be mailed by you directly to: "Maureen Roaldson, c/o Law Guardian Program, 335 Adams St., Suite 2400, Brooklyn, N.Y. 11201"

4. Experts - This voucher is entitled "Voucher for Compensation and/or Expenses for Investigative, Expert or Other Services". A sample follows this text. This is an internal form of the 18B office. It can be duplicated or you can download it and print out copies as necessary. It should be completed as indicated, by the investigator, expert or other service provider. If a rider is necessary, it should be included. (This is normally the case with a medical expert, investigator, or other expert. It is not normally the case with an interpreter). This voucher must be signed by the service provider and by you, as attorney, where indicated. It should be submitted to this office in duplicate, together with two copies of the short form voucher (see above) and two copies of the Judge's Order authorizing the service.

5. Court Reporters - this voucher is entitled "Voucher For Compensation For Court Reporters". A sample follows this text. This is an internal form of the 18B office. It can be duplicated or you can download it and print out copies as necessary. It should be completed by the court reporter and signed by the court reporter where indicated. It should be submitted to this office in duplicate, together with two copies of the short form voucher (see above) and two copies of the Judge's Order authorizing the service.

RULES APPLICABLE TO ALL VOUCHERS

Vouchers must be submitted within 45 days of the date when an attorney-of-the-day's appearance is completed or when an assigned case is disposed of by sentencing or, if applicable, by your filing a Notice of Appeal.

Each voucher should contain a detailed account of the time spent, conferences held, and outcome of same. Requests for payment for several hours for adjournments, without explanation, will be denied.

Any voucher exceeding the statutory maximum, even by a minimal amount, must be accompanied by an Affirmation of Extraordinary Circumstances. A mere statement that you performed the work as set forth on the voucher will not suffice. Extraordinary circumstances include the nature and extent of the services, the actual time spent, the necessity of the time spent, the professional standing of counsel, the results achieved, the complexity of the issues, the seriousness of the charge, the cost of such services if provided by private counsel, the inclusion of a co-defendant or multiple defendants, a highly publicized trial and/or an unusual ancillary proceeding.

If an inordinate number of adjournments are listed on a voucher, there should be a reason listed on the voucher or an Affirmation explaining the reason(s).

If counsel is relieved of an assignment, there should be a reason listed on the voucher or an Affirmation explaining the reason(s).

There is no payment for voucher preparation. Use of "research" or "file closing" as a euphemism for voucher preparation is unacceptable.

Disbursements will be paid when accompanied by receipts or other backup materials, but items such as local telephone calls and stenographic services are considered overhead and not disbursements.

When in court, the lunch break is not considered as time for which payment will be made.

Hours are to be billed on an actual time basis. This means that your voucher should note your arrival time [e.g. 9:30 a.m.] and departure time [e.g. 10:30 a.m.]. If you have several 18B cases on for the same date, you may bill only for the number of hours spent in court. For example, if you are defending two 18B clients on the same day and are in court for a total of two hours, you must allocate those two hours to those two cases. E.g. 1 hour each or 1 ½ hours on one and ½ hour on the second, etc.

New York County Law § 722-b provides a maximum counsel fee of $2,400 for representation of a person initially charged with a misdemeanor or lesser offense and $4,400 on all other cases covered by Article 18B of the County Law. In the event that there is prolonged litigation and the hours of services cause the payment to exceed the statutory maximum, an affirmation for additional compensation must be incorporated with counsel's voucher.

New York County Law § 722-c provides a maximum fee for experts (i.e. services other than counsel) of $1,000. In the event such expenses exceed $1,000, the attorney should first secure a Court Order authorizing the payment in excess of statutory fee, and such Order should be submitted in duplicate with the expert voucher. If a case is disposed of in County Court, the Indictment number or SCI number must be listed on your voucher.

Panelists should understand that the Administrator does not set counsel's fee. The fee is statutory and is set by the trial or appellate court.

Panelists should set up a separate file for each case assigned. This file must remain available for a minimum of six (6) years for possible inspection by the Nassau County Comptroller.