Bill Text: NY S07516 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to filing statements fixing or approving fees, commissions, or other compensation for certain court appointees by judges or justices.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2024-03-19 - referred to judiciary [S07516 Detail]

Download: New_York-2023-S07516-Introduced.html

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                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.