2023 New York Laws › JUD - Judiciary › Article 2 - General Provisions Relating to Courts and Judges › 35-A - Statements to Be Filed by Judges or Justices Fixing or Approving Fees, Commissions, or Other Compensation for Persons Appointed by Courts to Perform S

§  35-a.  Statements  to  be  filed  by  judges  or justices fixing or
approving fees, commissions, or other compensation for persons appointed
by courts to perform services in actions and proceedings. 1.  (a) On the
first business day of each week any judge or justice who has during  the
preceding  week fixed or approved one or more fees or allowances of more
than five hundred dollars for services performed by any person appointed
by the court in any capacity, including but not  limited  to  appraiser,
special guardian, guardian ad litem, general guardian, referee, counsel,
special referee, auctioneer, special examiner, conservator, committee of
incompetent or receiver, shall file a statement with the office of court
administration  on  a  form to be prescribed by the state administrator.
The statement shall show the name and  address  of  the  appointee,  the
county and the title of the court in which the services of the appointee
were  performed,  the  court docket index or file number assigned to the
action or proceeding, if any, the title of the action or proceeding, the
nature of the action or proceeding, the name of the judge or justice who
appointed the  person,  the  person  or  interest  which  the  appointee
represented,  whether or not the proceeding was contested, the fee fixed
or approved by the judge or justice, the  gross  value  of  the  subject
matter  of the proceeding, the number of hours spent by the appointee in
performing the service, the nature of the services  performed  and  such
other information relating to the appointment as the state administrator
shall  require.  The  judge  or  justice  shall  certify  that  the fee,
commission, allowance or other  compensation  fixed  or  approved  is  a
reasonable award for the services rendered by the appointee, or is fixed
by  statute. If the fee, commission, allowance or other compensation for
services performed pursuant to an appointment described in this  section
is  either  specified  as  to amount by statute or fixed by statute as a
percentage of  the  value  of  the  subject  matter  of  the  action  or
proceeding,  the  judge  or  justice  shall  specify  the statutory fee,
commission or allowance and shall specify the  section  of  the  statute
authorizing  the  payment  of  the  fee,  commission, allowance or other
compensation.
(b) Paragraph (a) shall not  apply  to  any  compensation  awarded  to
appointees  assigned  to  represent indigent persons pursuant to Article
18-B of the county law, counsel assigned pursuant to section thirty-five
of the judiciary law or counsel appointed pursuant to the  family  court
act.
(c)  Any  judge  or  justice  who  fixes  or approves compensation for
services performed by persons appointed as referees to examine  accounts
of  incompetents  pursuant  to  section  78.25 of the mental hygiene law
shall  file,  annually,  with  the  office  of  court  administration  a
statement containing such information regarding such appointments as the
state administrator shall require.
2.  The  office  of  court administration shall annually submit to the
appellate division  of  the  supreme  court  in  each  of  the  judicial
departments   of  the  state  a  report  containing  a  summary  of  the
information contained in the statements filed with it pursuant  to  this
section  by the judges and justices sitting in courts in that department
during the preceding year. Each appellate division of the supreme  court
shall keep and file such reports and shall have power to make such rules
respecting  the  supervision  of  all  such  court appointees within its
judicial department as it may deem necessary.
3. The statements and  reports  required  by  this  section  shall  be
matters of public record and available for public inspection. Each court
may  permit  the  information contained therein to be made available for
publication at such times and in such manner as it may deem proper.