§ 35-a. Statements to be filed by judges or justices fixing or\napproving fees, commissions, or other compensation for persons appointed\nby courts to perform services in actions and proceedings. 1. (a) On the\nfirst business day of each week any judge or justice who has during the\npreceding week fixed or approved one or more fees or allowances of more\nthan five hundred dollars for services performed by any person appointed\nby the court in any capacity, including but not limited to appraiser,\nspecial guardian, guardian ad litem, general guardian, referee, counsel,\nspecial referee, auctioneer, special examiner, conservator, committee of\nincompetent or receiver, shall file a statement with the office of court\nadministration on a form to be prescribed by the state administrator.\nThe statement shall show the name and address of the appointee, the\ncounty and the title of the court in which the services of the appointee\nwere performed, the court docket index or file number assigned to the\naction or proceeding, if any, the title of the action or proceeding, the\nnature of the action or proceeding, the name of the judge or justice who\nappointed the person, the person or interest which the appointee\nrepresented, whether or not the proceeding was contested, the fee fixed\nor approved by the judge or justice, the gross value of the subject\nmatter of the proceeding, the number of hours spent by the appointee in\nperforming the service, the nature of the services performed and such\nother information relating to the appointment as the state administrator\nshall require. The judge or justice shall certify that the fee,\ncommission, allowance or other compensation fixed or approved is a\nreasonable award for the services rendered by the appointee, or is fixed\nby statute. If the fee, commission, allowance or other compensation for\nservices performed pursuant to an appointment described in this section\nis either specified as to amount by statute or fixed by statute as a\npercentage of the value of the subject matter of the action or\nproceeding, the judge or justice shall specify the statutory fee,\ncommission or allowance and shall specify the section of the statute\nauthorizing the payment of the fee, commission, allowance or other\ncompensation.\n (b) Paragraph (a) shall not apply to any compensation awarded to\nappointees assigned to represent indigent persons pursuant to Article\n18-B of the county law, counsel assigned pursuant to section thirty-five\nof the judiciary law or counsel appointed pursuant to the family court\nact.\n (c) Any judge or justice who fixes or approves compensation for\nservices performed by persons appointed as referees to examine accounts\nof incompetents pursuant to section 78.25 of the mental hygiene law\nshall file, annually, with the office of court administration a\nstatement containing such information regarding such appointments as the\nstate administrator shall require.\n 2. The office of court administration shall annually submit to the\nappellate division of the supreme court in each of the judicial\ndepartments of the state a report containing a summary of the\ninformation contained in the statements filed with it pursuant to this\nsection by the judges and justices sitting in courts in that department\nduring the preceding year. Each appellate division of the supreme court\nshall keep and file such reports and shall have power to make such rules\nrespecting the supervision of all such court appointees within its\njudicial department as it may deem necessary.\n 3. The statements and reports required by this section shall be\nmatters of public record and available for public inspection. Each court\nmay permit the information contained therein to be made available for\npublication at such times and in such manner as it may deem proper.\n
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.