RENSSELAER COUNTY LEGISLATURE

Introduced by Legislator(s) -=-St=amm==e~l,,--W:..:...::::al=sh::;'c.::M=ann=y _

Sent To: Judiciary & Public Safety

Committee

Date April 12, 2011

Resolution No. G/44

RESOLUTION AUTHORIZING PAYMENT OF CLAIM OF MATTHEW C. HUG, COURT APPOINTED SPECIAL DISTRICT ATTORNEY - COUNTY ATTORNEY

WHEREAS, The County of Rensselaer has received a claim for legal fees rendered by a Special Prosecutor, Matthew Hug, Esq., who was appointed by the County Court of the County of Rensselaeri and

WHEREAS, Such claim is accompanied by an order of such court directing payment by the County of Rensselaeri now, therefore, be it

RESOLVED, That the following amount is hereby directed to be paid from the Adopted 2011 Rensselaer County Budget, Code 04210 A 1930, Judgments & ----CTaims ,-~o-Ehe-fonowing person In accordancew-i t11_-su:-c-h-urd-er-o--:E----clTe-e-ourr+--L"y-Court of the County of Rensselaer, to wit:

Name

Case

Amount

Matthew C. Hug Attorney at Law

Rensselaer Technology Park 105 Jordon Road

Troy, New York l21S0

People v. Bruce Vroman

$34,482.50

Resolution ADOPTED by the following vote:

Ayes:

Nays:

Abstain:

April 12, 2011

Clerk of the Legislature

Executive Action

Sent to County Executive, _

Approved Date _

Received from County Executive _

Disapproved _

Veto Message Attached and Returned to Clerk

Clerk of the Legislature

County Executive

-MATTHEW C. HUG

ATIOR1\TEY AT LA"W RENSSELAER TECHNOLOGY PARK 105 JORDAN ROAD

TROY, NEW YORK 12180

TEL: (51"8) 283-32881 F A.X: (518) 283-7649

fO) ~ © ~D \17 ~ 7]1 ull MAR 1 8 zm 10 RENSSELAER COUNTY ATTORNEY'S OFFICE

March-16, 2011

- VIA REGULAR U. S. MAIL

Mr. Stephen Pechenik, Esq. Rensselaer County Attorney Rensselaer County Office Building Fourth :floor

Troy, New York 12180

Re: Order $etting Fee / Voucher

The People of the State of New York v. Bruce Vroman

--_._._---- -

---_- - - _-----

- - ----- - ----

-- ------- --_---

---------

Dear Mr. Pechenik:

Enclosed herein, please find the Decision and Order of the Rensselaer County Court (teresia, J.) setting my fee in the above referenced case. In addition, please find a signed voucher and a copy of my iRvoice and affirmation. If you have any questions, please, do not hesitate to contact me.

Ver truly yours,

".:

19) ~ t0LS U W ~ lOll)) U U MAR 1 8 2011 ,l!:!) RENSSELAER COUNTY ATTORNEY'S OFFICE

At a Trial Term of the Rensselaer County Court, held in and for the County of Rensselaer, in the City of Troy, New York, on the 1st day of March 2011.

PRESENT: HON. ANDREW G. CERESIA County Judge

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........

STATE OF NEW YORK

COUNTY COURT 'COUNTY OF RENSSELAER

(__

THE PEOPLE,OF THE STATE OF NEW YORK, *

-against-

*

*

Indictment No.

SP-10-1022

.__1-f./b ff it: 2-32- 47S

BRUCE VROMAN,

--- ------ -------

--------- -- ---

_--- . __ ...:....._ ---- - - ---- - ... ----~

Defendant.

*

Matthew C. Hug, Esq., having been assigned to act as special prosecutor in connection with the above-captioned matter, has submitted an application to the Court requesting, attorney's fees for services rendered. Specifically, Mr. Hug seeks $34,482.50.

, Pursuant to County Law § 701' [5], a special prosecutor is entitled to a reasonable compensation for services rendered, as well as reimbursement for necessary disbursements. While the determination of reasonable compensation is left to the sound discretion of the trial court, the two primary corisiderations' in such cases are the reasonableness of the attorneyis hourly rate, and the r-ea soriab.Lerie as of the time spent by the attorney (see' Matter of Harvey v Rensselaer, 190 AD2d 261, 264 [1993]). In assessing the reasonableness of ~he hourly rate, the Court should balance factors such as the complexity of the case and the degree of expertise necessary against the fact that the appo~nted attorney is performing a public service and being compensated from public funds (see id. at 264-265). In weighing the reasonableness of the time spent by the attorney, the Court should consider , factors such as the type of work done, the' specificity of the time records submitted, the competence and necessity of the services performed, and the results achieved

1

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The Court also notes that Mr. Hug has made concerted efforts throughout this case to minimize costs to the County. He is not seeking'compensation for photocopying, postage fees, or his time spent preparing the instant application., Further, when it became apparent that service of process upon some witnesses would be difficult, Mr. Hug undertook that task

himself in order' to avoid the expense of process server_~_~_, I _

Turning to Mr. Hug's applic~tion, the Court has reviewed his sworn statement setting forth the nature and extent of his services. The Court has also considered his ti~e records revealing his actual time expended.

(see Matter of Katzer v Rensselaer, 1 AD3d 764, 766 [2003] )"

Against that backdrop, the Court initially note$ that it provided Rensselaer County with notice of Mr. Hug's application in order to allow the County the opportunity to be heard on this, matter. The County Attorney, in response, corresponded' with the Court, deferring to the Court without any objection or ,opposition to Mr. Hug's application (§E£ 2/10/11 Letter,

attached hereto). Indeed, the County Attorney offered complimentary words regarding the services performed by Mr. Hug

(see 2/10/11 Letter, attached hereto) . .

Regarding the reasonableness of Mr. Hug's proposed hourly rate of $125, the Court .acknowledges the heightened complexity of this case, where the recalcitrance of witnesses required two separate material witness proceedings and two presentations to the grand jury, along with the fact that.the,case culminated in a week-long jury trial that involved complex medical testimony and attracted significant media attention. Mr.~Hu~possesses the experience and expertise necessary to prosecute a felony case such as this one, given his record of several years spent representing criminal defendants in all levels of state courts, as well as his succe s s in arguing cases before the Appellate Division and the Court of Appeals. Balanced·against these considerations, the.Court is mindful of the fact that Mr .. Hug is being compen~ated from public funds. However, the Court finds that $125 per hour i~'reasonable in a case sfich as this; especially in light of the fact that an hourly rate of $100 was found to be reasonable nearly 20 .years ago (see Matter of Harvey v Rensselaer, 190 AD2d at 265).

With respect to the reasonableness of the time spent by Mr.

Hug, the Court notes that his time records are sufficiently detailed and specific to allow a determination that his services were necessary and that there has been no duplication of

2

services rendered. The time records reveal that.Mr. Hug spent 272.10 hours investigating th~ case, presenting the case to the grand jury, engaging in discovery and motion practice, conducting a suppression hearing, and appearing in court ·for pretrial proceedings and the actual jury trial. Although the trial resulted in an acquittal, Mr. Hug performed his duties with a high degree of competence throughout this entire matter .and the People of the state of New York were well-represented at

all times. .

Based upon a careful consideration of the pertinent factors and an 'examination of Mr. Hug's sworn statement and time records, the Court concludes that Mr. Hug's request for attorney's fees for 272.10 hours of work at a rate of $125 per hour is both fair and r~a~onable. In addition, Mr. Hug is entitled to reimbursement o'f $ 470 in necessary disbursements, as set forth in his application.

Accordingly, it is hereby ordered that Matthew C. Hug, ES_'I_-:_ _

--Be-----l3-a--i-el-$-3-4--r4--8-2~_0_i--n___a:tto-rrrey'-s-f-ees r'enrtl ve to the

above-captioned matter.

The foregoing constitutes the decision and order of the Court ..

DATED:

Troy, New York March 1, 2011 .

ANDREW G. CERESIA County Judge

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Kathleen M. Jimino, County Executive

Stephen A. Pechenik County Attorney . Bryan J. Goldberger Special Counsel Peter R. Kehoe Special Counsel

Kelly A. Cramer Deputy County Attorney Jill A.Kehn

Assistant County Attorney

February 10, 2011

Hon. Andrew G. Ceresia

Country Court Chambers ~

Rensselaer County Courthouse

80 Second Street

--TrDy-;-Wew YorR TZl1:m-------------------.

Re: People v. Bruce Vroman.

Indictment No. SP-10-1022

Application. of Matthew·C. Hug for Payment of Fees as Special Prosecutor

Your Honor:

Thank you for placing me on notice of Attorney Hug's abovereferenced application. As stated in prior similar applications, you as the overseer of the criminal.proceeding are much better suited to determine the reasonableness of the fees requested. Attorney Hug's opposing counsel found him to be a well prepared and professionally .zealous adversary.

Hence, other than to remind you that "the County's coffers are bare, I feel compelled to defer to your jUdgment.

Thank you.

SAP:sp

cc: Matthew C. Hug, Esq.

~ta:te of ~ehl ~otk ([aunt}? ([ourt

QC:ountp of 31tensselaer

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Ull MAR 18 2011 l_ldj

RENSSELAER COUNTY ATIORNEY'S OFFICE

The People of the State of New York,

AFFIRMATION AND APPLICA nON FOR PAYMENT OF COUNSEL SERVICES· .

-against-

Index No.: 232475

BRUC~ VROMAN,

Indictment No.: SPIO-I022

MATTHEW C. HUG, ESQ., an attorney .licensed to practice law in the State of New York, under penalties of perjury, affirms:

-----. ---- - - -1;- -1 -am-en-ateemey-duly-admitted -anci-I'ieenseci-tCl-p-rachee-I-a-w-in-the-State-o-f-New- -- - ---- _.

York and was assigned as Special Prosecutor in the above-captioned matter by

Hon. Andrew G. Ceresia, Rensselaer County Court Judge.

2. I make this affirmation in support of my application pursuant to County Law §

701 to obtain payment for counsel services in the above matter ".

3. This affirmation is .made upon personal knowledge.

4. Attached as Exhibit "A" are my time sheets specifying the time expended by me

and the services rendered since my appointment as Special Prosecutor. Each of

the time entries with description of the service performed was personally

entered by me at or around the time of the services performed. All work listed in

Exhibit HB" was performed by me personally, and my time sheets are true and

accurate. Thetime expended by me since October 16,2009 totals 272.10 hours

(measured in tenth of an hour increments), I did not include the time spent

preparing this affirmation or the other papers submitted in support of this

request

5. The rate of compensation for special prosecutors is not set by statute. County Law § 701 merely provides for the payment of r reasonable compensation' to an

attorney appointed as a special prosecutor.

6. The reasonableness of an hourly rate turns upon several factors, such a the

complexity of the action, the degree of expertise needed to properly handle it

and the community's fee standards for legal services performed for the public

and paid from public funds. Katzer v. County of Rensselaer, 1 A.D.3d 764, 766 (3

Dept. 2003). The reasonableness of the hours spent turns upon other factors,

such as the type of work done, the specificity of counsel's time records, the

competence and necessity of the services performed and the results achieved.

rd. at 766.

7. This matter may be fairly characterized as complex, not only with respect to the

legal issues involved but due to the recalcitrance of witnesses to cooperate, the

. interest in this case of the greater community and the racial aspects of the case.

8. r have the experience necessary for the case. I have been a practicing attorney

for six years and in that time have worked as a clerk wi~h the Appellate Division,

Third Judicial Department, and have also operated my own law practice where I have successfully argued criminal cases before the Appellate Division (Third and

Fourth Department) as well as the Court of Appeals. r have also represented

scores of individuals in all levels of criminal courts, from Village and Town

Courts to County Court.

9. The attorney that represented the defendant is? highly skilled .and reputable

attorney, to wit: David Taffany, Esq.

"

10. Certainly, the Third Department's decision 18 years ago in Matter of Harvey v.

County of Rensselaer, 190 A.D.2d 261, 265 (3 Dept. 1993) that $100.00 an hour

was reasonable compensation, provides guidance as to the community's fee

standards for legal services for the public, Cognizant of the hard economic times,

I am requesting a moderate increase in what was reasonable nearly 20 y.ears ago

for an hourly compensation rate of $125.00.

11. The time spent on this matter was absolutely necessary to bring this case to trial.

Efforts were made from the beginning to resolve this matter prior to trial to no

avail.

12. In addition, the witnesses in this case were not willing to cooperate with the

prosecution, went into hiding and ignored legal process. I also sought out the

witnesses on my own investigation that took me to a trailer park in the Town of

Castleton, residences in the City of Troy, the City of Rensselaer and the Town of

Brainard as well as a Sports Bar in the Town of East Greenbush.

13. The recalcitrance of these witnesses required me to conduct two separate grand

jury proceedings and three material witness hearings before trial.

14. I also had to prepare for a week-long trial, that required meetings with medical

doctors and a crash course in human physiology and burns.

15. Although the defendant was Ultimately acquitted, it was only after the jury

deliberated the case for more than seven hours and returned their verdict on a

Friday night.

16. Attached as Exhibit (lBI> is an invoice for process service upon Cortney Lewis

[two times); Steven Emery (two times); Zachary Francis (two times); and Dr .

. Dimitri Koumanis. These expenses were incurred in serving subpoenas upon

witnesses and total $470.00. In an effort to save the County expenses, I served

the remaining subpoenas myself.

17. All photocopying was done in-house and is not claimed as an expense. Similarly,

. . postage reimbursement is not being sought.

18. I have not received, compensation from any other source in this matter. The

compensation sought for attorney time and claimed expenses is summarized as

follows: .

Attorney's Fee

(272.10 hours * $125.00): $34,012.50

Process Service

$ 470.00 $34;482.50

Total:

WHEREFORE, it is respectfully requested that the Court enter an order pursuant to County Law § 701 ordering compensation and reimbursement to Matthew C. Hug,Esq. in the amount of THIRTY FOUR THOUSAND, FOUR HUNDRED AND EIGHTY TWO DOLLARS AND FIFTY CENTS ($34,482.50).

AFFIRMED .uNDER PENALTIES OF PERJURY this 4th day ofJanuary 2011.

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0 0 0 0 0 0 a 0 0 0 Arldrew Steele - 338 Hudson A venue, • Apti5 - Albany, New York 1~210 - (518)225-{}9S9

Matthew Hug; Esq 105 Jords_n Ruad Trey, New York 12180

Invoice #022100

P[aintiff($1

Client Ret #

The People of the State of New York,

Total amount due:

PByabJI5 upon receipt

Detendantts) Bruce Vroman.

Service On Courtney Lewis Rensselaer NY

Service Fee S6Q,00 Wllness Fee Forward Fee Locale Fee

DisDurssmenl------Oifier Fee ------ ----Ci)Pi~ I otarDue

Invoice 11022101

Plaintiff{s) Defend;::mt(s} Servlne On

Service FeeDiSbursement

Invoice #022102

Plainliff(s) Defendant(s) Service On

Bervice Fee $70.00

Disbursement

invoice #022103

Plaintiff{s)

Client Ref. it

The People or the State of New York, Respondent. Bruoe Vroman, Appellant,

Courtney Lewis

S60,00 Witness Fee Other Fee

Client ~el. "

The People of the State of New York, Bruce Vroman.

Or DImitri Koumanls, M,D,

Witness Fee Other Fee

Client ReI. U

The People of the Stale of New York, Respondent,

D6'fendant[s) Bruce Vroman. Appellant.

- Service On Steven M. Emery

Service Fee $60.00 Witness Fee

Disbursement othgr Fee

11/30/2010

RMsselaer NY

Forward Fee

Locate Fee

Total Due

Cl>pies

Saratoga Sprhigs Ny

Forward Fee Copies.

Locate Fee

Total Due

Rensselaer NY

Forward Fee Locate Fee

Copies Total Due

$470.00

Date Served 10/25/2010

Mailing Fee

$60.00

Data Served 11/1/2010

Mailing Fee $5.00 $05.00

Date Served 10/14/2010

Mailing.Fee $70.00

Date Served 11/1/2010

Mailing, Fee $5,00 $65.00

Andrew Steele ~ 338 Hudson AVenue - Aptll5 - Albany, N!Jw York 12210 - (518)225-0939

Invoice 41022104

Client Ref.!!

?Iaintiff(s) Defendant(s)

The People oj the State 01 New York. Hespondenl, Bruce Vroman. Appellant.

Service On Sleven M. Emery

Service Fee S60.00 Witness Fee

Disbursement Other Fee

Rensselaer NY

Forward Fee Locale Fee

Copies Total Due

Invoice a022105 Client Ref. 'II

Plaintiff!s) The People of the Stale of New York. Respondent

Deiendant(s)

Bruce Vroman. Appellant.

$ervlce On Zac.hary Francis

Service Fee $70.00 Witness Fea

Disbursement O1her Fee

Brainard NY FOIV/ard Fee

Ocples

-----Ir'lvoice-ml221-06------------CUBllti1er.Ir--- ------

Plalntlii($)

The Peopre of the State of New York. Respondent,

Defendanl(s) Bruce Vroman. Appellant.

Service On Zac:)1ary Francis

Service Fee :S70_00 Wilness Fee

Disbursement Other Fee

Brainard NY Forward Fee

Copies

'11/3Qf201 o

Locate Fee

Total Due

Locate Fee

Total Due

Dale Served T 1/212()10

Mailing Fee $50.00

Dale Served 10/18/2010

Mailing Fee $5.00 $75,00

Date-Serve"diwZTI2Oln----- ----

Mailing Fee $5.00 $,75.00

2

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The above services or materials were rendered or furnished

to the county on the dates stated and the charges are correct

A~.~UST COMPLETE TO RECEIVE PAYMENT

I. ~ C· ~ DO HEREBY

. CERTIFY that I am the () 1t'JtJ'€tL..1 p~tJLiPA\...

of the t..Pw DEft<£ of .I\.V<~ c:.. t"\-J~ .

and that the items of the above account are correct; that the disbursements and services charged herein have in fact been made and rendered to or for the County of Rensselaer and that no part thereof has been paid or satisfied: that taxes from which the County of Rensselaer is exempt are not included; and that the amount claimed Is actually due; and that compliance with Title VI of the Federal Civil Rights Act of 1964 as amended. and section 504 of the Rehabilitation Act of 1973 and regulations contained in 45 CFR Part B4 ... without discrimination an

I origin or handicap.

DATE

This claim Is approved and ordered paid from the appropriations indicated above.

AUDITOR

DATE .