N.Y. Judiciary Law Section 35-A
Statements to be filed by judges or justices fixing or approving fees, commissions, or other compensation for persons appointed by courts...

§ 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 Judiciary Law § 35 (Assignment of counsel to indigent persons and appointment of physicians in certain proceedings)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.

Source: Section 35-A — Statements to be filed by judges or justices fixing or approving fees, commissions, or other compensation for persons appointed by courts..., https://www.­nysenate.­gov/legislation/laws/JUD/35-A (updated Sep. 22, 2014; accessed Oct. 26, 2024).

2
Courts of record 2‑A
Jurisdiction and powers of courts continued 2‑B
General powers of courts of record 3
Use of term “court” prohibited 4
Sittings of courts to be public 4‑A
Certain powers of the courts regarding civil arrests 5
Courts not to sit on Sunday except in special cases nor on Saturday in certain cases 6
Adjournment of term of court of record to future day 7
Adjournment of term on non-appearance of judge 7‑A
Vacancies or changes in judges 7‑B
Continuance of out of court proceedings before judges of same court 7‑C
Continuance of special proceeding before another officer 8
Emergency relocations of court terms 9
Recusal 10
Courtroom designated the "Judge James F 13
Court or judge may direct the filing of original stenographic minutes with clerk 13‑A
Power to remove certain officers and to appoint successors 13‑B
Oath of referee, receiver, commissioner or appraiser 14
Disqualification of judge by reason of interest or consanguinity 15
Judge of court of record not disqualified because a resident or a taxpayer 16
Judge prohibited from practicing law in his court 17
Judge prohibited from practicing in cause which has been before him 18
Judge prohibited from taking fees for advice in matters before him 19
Judge must not be interested in costs 20
Ex officio judge must not be interested in costs or compensation of attorneys or counsellors in his court 21
Judge other than of court of appeals or appellate division not to decide question argued during his absence 22
Certificates as to year of birth to be filed by certain judicial officers 23
Age limitation on term of judicial office 24
Compensation of judges after removal 25
Retirement of state-paid full-time judges or justices of the unified court system and housing judges appointed pursuant to subdivision (f... 25‑A
Retirement of judicial officers 27
Except as provided in subdivision (b) of this section, judgments and accounts must be computed in dollars and cents 28
Amendment of minutes of stenographer 29
Seal of court of record 30
Lost or destroyed seal must be replaced 30‑A
Seal of Kings county and of the county clerk, the supreme court and the county court in said county 30‑B
Seal of New York county and of the county clerk and the supreme court 30‑C
Seal of Franklin county and of the county clerk and the supreme court 30‑D
Seal of Albany county and of the county clerk and the supreme court 30‑E
Seal of Livingston county and of the county clerk and the supreme court 30‑F
Seal of Cortland county and of the county clerk, the supreme court and the county court in said county 31
Seals and records of former superior city courts 33
Expense of certain criminal prosecutions to be borne by the state 34
Apportionment of expenses related to salaries or compensation paid by the state in the first instance 35
Assignment of counsel to indigent persons and appointment of physicians in certain proceedings 35‑A
Statements to be filed by judges or justices fixing or approving fees, commissions, or other compensation for persons appointed by courts... 35‑B
Assignment of counsel and related services in criminal actions in which a death sentence may be imposed 36
Personal assistants to judges and justices 37
Salary plan for non-judicial employees 39
Unified court budget 39‑A
Mediation 39‑B
Special provisions relating to court facilities
Green check means up to date. Up to date

Accessed:
Oct. 26, 2024

Last modified:
Sep. 22, 2014

§ 35-A’s source at nysenate​.gov

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