(a) No person in or serving the judicial branch of government full time including any person in the employ of a surrogate shall be eligible for appointment as or serve as an appraiser, receiver, commissioner, guardian ad litem, administrator, or other appointment for which a fee may be allowed in any matter pending in any court unless he or she agrees in advance to waivesuch fee.
(b) The foregoing applies to situations in which the appointment is made by a court. It shall not apply when an employee may be named outside of court to serve for a fee in one of the enumerated capacities, e.g., an employee named in a will to execute a decedent's estate, in which event the employee may accept an executor's commission. See Canon 5.B.7. of the Code of Conduct for Judiciary Employees, included as an Appendix to Part I of these Rules.
