2006 New York Code - 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, law guardians or counsel appointed pursuant to the
  family court act, or referees appointed pursuant to section 78.25 of the
  mental hygiene law.
    (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.