The New York Attorney General’s Office wants a Manhattan judge to deny an emergency application by the New York State Bar Association to raise statewide pay for 18-B counsel—saying the NYSBA can’t prove irreparable harm while the issue is under active legislative consideration.

“A rate increase for assigned counsel has been proposed in the Executive Budget and is under consideration by the Executive and Legislative branches,” Assistant Attorney General Anjali Bhat wrote in the opposition motion. “Accordingly, Plaintiff cannot demonstrate imminent irreparable harm absent an injunction, because any harm may be addressed by [sic] through the Budget for fiscal year 2023-2024.”