S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7516
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               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:
 
   Section  1.  Subdivision  1  of  section 35-a of the judiciary law, as
 amended by chapter 834 of the laws of 1975, paragraph (a) as amended  by
 chapter 401 of the laws of 2000, and paragraph (b) as amended by chapter
 41 of the laws of 2010, is amended to read as follows:
   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] SEVEN hundred FIFTY dollars for  services
 performed  by any person appointed by the court in any capacity, includ-
 ing 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] CHIEF administrator OF THE COURTS. The  state-
 ment  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 repres-
 ented,  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03471-01-3
              

 S. 7516                             2
 
 other  information  relating  to  the  appointment  as the [state] CHIEF
 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  proceed-
 ing, 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) OF THIS SUBDIVISION shall not apply to  any  compen-
 sation  awarded  to  appointees  assigned  to represent indigent persons
 pursuant to [Article 18-B] ARTICLE EIGHTEEN-B of the county law, counsel
 assigned pursuant to section thirty-five of  [the  judiciary  law]  THIS
 ARTICLE 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 OR  COURT  EXAMINERS
 to  examine accounts [of incompetents] pursuant to section [78.25] 81.32
 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] CHIEF administrator shall require.
   §  2. Notwithstanding any other provision of law, any judge or justice
 who has during the preceding week fixed or approved one or more fees  or
 allowances  of  more  than  seven  hundred  fifty  dollars  for services
 performed by a conservator or committee of  an  incompetent  shall  file
 with office of court administration the statement specified in paragraph
 (a) of subdivision 1 of section 35-a of the judiciary law; and any judge
 or  justice who fixes or approves compensation for services performed by
 persons appointed as referees or court examiners to examine accounts  of
 incompetents  pursuant to former section 78.25 of the mental hygiene law
 shall file, annually, with the office of court administration  a  state-
 ment  containing  such  information  regarding  such appointments as the
 chief administrator shall require.
   § 3. This act shall take effect immediately.