ALBANY – Administrative judges lack authority to review assignment of counsel, the Court of Appeals said yesterday in holding that the judges can only assess compensation awarded to assigned counsel and reduce the amount when it is excessive.
Matter of Smith v. Tormey, 100, arose from Onondaga County, where Justice James Tormey (See Profile), the administrative judge of the Fifth Judicial District, overturned a trial judge’s decision involving an attorney who was not on an assigned counsel list but nonetheless helped defend a murder suspect and then sought compensation for his services.
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