Matter of Werfel v. Agresta

In Matter of Werfel v. Agresta (36 N.Y.2d 624, 331 N.E.2d 668, 370 N.Y.S.2d 881 [1975]), the petitioner was a participant in the Assigned Counsel Plan and was awarded compensation that fell within the statutory limits. The petitioner brought a CPLR article 78 proceeding seeking an increase in compensation. Concluding that the assignment of compensation to assigned counsel pursuant to County Law 722-b was administrative in nature and did not concern the performance of an adjudicative function, we held that there was "no basis for justiciable review of allowances to counsel made within the maximums provided by the statute" (id. at 627). The Court did, however, leave open the possibility that an assigned attorney entitled to an adjustment in compensation could apply for it through the appropriate administrative judge or even to the Administrative Board of the court system (see id. ). The Court of Appeals held that a trial court's fee award was not subject to direct judicial review as part of an appeal, but that an adjustment of the award could be sought from the appropriate administrative judge. The Court noted that historically lawyers used to donate legal services for indigent defense without fee, in the highest traditions of the bar, and that the statutory fee rates were never intended to be full, or necessarily even fair, compensation for the value of services provided.