§ 35. Assignment of counsel to indigent persons and appointment of\nphysicians in certain proceedings. 1. a. When a court orders a hearing\nin a proceeding upon a writ of habeas corpus to inquire into the cause\nof detention of a person in custody in a state institution, or when it\norders a hearing in a civil proceeding to commit or transfer a person to\nor retain a person in a state institution when such person is alleged to\nbe mentally ill, mentally defective or a person with substance use\ndisorder, or when it orders a hearing for the commitment of the\nguardianship and custody of a child to an authorized agency by reason of\nthe mental illness or developmental disability of a parent, or when it\norders a hearing to determine whether consent to the adoption of a child\nshall be required of a parent who is alleged to be mentally ill or\ndevelopmentally disabled, or when it orders a hearing to determine the\nbest interests of a child when the parent of the child revokes a consent\nto the adoption of such child and such revocation is opposed or in any\nadoption or custody proceeding if it determines that assignment of\ncounsel in such cases is mandated by the constitution of this state or\nof the United States, the court may assign counsel to represent such\nperson if it is satisfied that such person is financially unable to\nobtain counsel. Upon an appeal taken from an order entered in any such\nproceeding, the appellate court may assign counsel to represent such\nperson upon the appeal if it is satisfied that such person is\nfinancially unable to obtain counsel.\n b. Upon an appeal in a criminal action or in a proceeding in the\nfamily court or surrogate's court wherein the defendant or person\nentitled to counsel pursuant to the family court act or surrogate's\ncourt procedure act, is financially unable to obtain counsel, the court\nof appeals or the appellate division of the supreme court may assign\ncounsel other than in the manner as is prescribed in section seven\nhundred twenty-two of the county law only when it is satisfied that\nspecial circumstances require such assignment.\n 2. The chief administrator of the courts may enter into an agreement\nwith a legal aid society for the society to provide assigned counsel in\nthe proceedings specified in subdivision one of this section. The\nagreement shall be in a form approved by the chief administrator and\nshall provide a general plan for a program of assigned counsel services\nto be provided by such society. It shall also provide that the society\nshall be reimbursed on a cost basis for services rendered.\n 3. a. No counsel assigned pursuant to this section shall seek or\naccept any fee for representing the person for whom he or she is\nassigned without approval of the court as herein provided. Whenever it\nappears that such person is financially able to obtain counsel or make\npartial payment for the representation, counsel may report this fact to\nthe court and the court may terminate the assignment or authorize\npayment, as the interests of justice may dictate, to such counsel.\nCounsel assigned hereunder shall at the conclusion of the representation\nreceive compensation at a rate of one hundred fifty-eight dollars per\nhour for time expended in court, and one hundred fifty-eight dollars per\nhour for time reasonably expended out of court, and shall receive\nreimbursement for expenses reasonably incurred.\n b. For representation upon a hearing, compensation and reimbursement\nshall be fixed by the court wherein the hearing was held and such\ncompensation shall not exceed ten thousand dollars. For representation\nin an appellate court, compensation and reimbursement shall be fixed by\nsuch court and such compensation shall not exceed ten thousand dollars.\nIn extraordinary circumstances the court may provide for compensation in\nexcess of the foregoing limits.\n 4. In any proceeding described in paragraph a of subdivision one of\nthis section, when a person is
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