STATE OF NEW YORK
________________________________________________________________________
7516
2023-2024 Regular Sessions
IN SENATE
June 2, 2023
___________
Introduced by Sen. SALAZAR -- (at request of the Office of Court Admin-
istration) -- read twice and ordered printed, and when printed to be
committed to the Committee on Rules
AN ACT to amend the judiciary law, in relation to statements to be filed
by judges or justices fixing or approving fees, commissions, or other
compensation for certain court appointees
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 35-a of the judiciary law, as
2 amended by chapter 834 of the laws of 1975, paragraph (a) as amended by
3 chapter 401 of the laws of 2000, and paragraph (b) as amended by chapter
4 41 of the laws of 2010, is amended to read as follows:
5 1. (a) On the first business day of each week any judge or justice who
6 has during the preceding week fixed or approved one or more fees or
7 allowances of more than [five] seven hundred fifty dollars for services
8 performed by any person appointed by the court in any capacity, includ-
9 ing but not limited to appraiser, special guardian, guardian ad litem,
10 general guardian, referee, counsel, special referee, auctioneer, special
11 examiner[, conservator, committee of incompetent] or receiver, shall
12 file a statement with the office of court administration on a form to be
13 prescribed by the [state] chief administrator of the courts. The state-
14 ment shall show the name and address of the appointee, the county and
15 the title of the court in which the services of the appointee were
16 performed, the court docket index or file number assigned to the action
17 or proceeding, if any, the title of the action or proceeding, the nature
18 of the action or proceeding, the name of the judge or justice who
19 appointed the person, the person or interest which the appointee repres-
20 ented, whether or not the proceeding was contested, the fee fixed or
21 approved by the judge or justice, the gross value of the subject matter
22 of the proceeding, the number of hours spent by the appointee in
23 performing the service, the nature of the services performed and such
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03471-01-3
S. 7516 2
1 other information relating to the appointment as the [state] chief
2 administrator shall require. The judge or justice shall certify that the
3 fee, commission, allowance or other compensation fixed or approved is a
4 reasonable award for the services rendered by the appointee, or is fixed
5 by statute. If the fee, commission, allowance or other compensation for
6 services performed pursuant to an appointment described in this section
7 is either specified as to amount by statute or fixed by statute as a
8 percentage of the value of the subject matter of the action or proceed-
9 ing, the judge or justice shall specify the statutory fee, commission or
10 allowance and shall specify the section of the statute authorizing the
11 payment of the fee, commission, allowance or other compensation.
12 (b) Paragraph (a) of this subdivision shall not apply to any compen-
13 sation awarded to appointees assigned to represent indigent persons
14 pursuant to [Article 18-B] article eighteen-B of the county law, counsel
15 assigned pursuant to section thirty-five of [the judiciary law] this
16 article or counsel appointed pursuant to the family court act.
17 (c) Any judge or justice who fixes or approves compensation for
18 services performed by persons appointed as referees or court examiners
19 to examine accounts [of incompetents] pursuant to section [78.25] 81.32
20 of the mental hygiene law shall file, annually, with the office of court
21 administration a statement containing such information regarding such
22 appointments as the [state] chief administrator shall require.
23 § 2. Notwithstanding any other provision of law, any judge or justice
24 who has during the preceding week fixed or approved one or more fees or
25 allowances of more than seven hundred fifty dollars for services
26 performed by a conservator or committee of an incompetent shall file
27 with office of court administration the statement specified in paragraph
28 (a) of subdivision 1 of section 35-a of the judiciary law; and any judge
29 or justice who fixes or approves compensation for services performed by
30 persons appointed as referees or court examiners to examine accounts of
31 incompetents pursuant to former section 78.25 of the mental hygiene law
32 shall file, annually, with the office of court administration a state-
33 ment containing such information regarding such appointments as the
34 chief administrator shall require.
35 § 3. This act shall take effect immediately.
