ALBANY – The Court of Appeals’ role in ensuring competent capital counsel was the focus of an appeal yesterday that will most likely decide whether attorneys assigned in death penalty cases can delegate lesser duties that would be billed to the state at lower rates.
At issue in Mahoney v. Pataki, 42, is whether the Court has the authority to order compensation for attorneys and paralegals who are assigned various chores by the two lawyers provided by statute to indigent capital defendants. Governor Pataki is challenging lower court rulings that said the state must pay for additional legal and paralegal assistance.
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