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This entry was published on 2014-09-22
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SECTION 35-A
Statements to be filed by judges or justices fixing or approving fees, commissions, or other compensation for persons appointed by courts...
Judiciary (JUD) CHAPTER 30, ARTICLE 2
§ 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.