62 - Organization of the commission. - New York Statutes

§ 62. Organization of the commission. 1. A commission on judicial nomination is hereby established. The commission shall consist of twelve members of whom four shall be appointed by the governor, four by the chief judge of the court of appeals, and one each by the speaker of the assembly, the temporary president of the senate, the minority leader of the senate, and the minority leader of the assembly. Of the four members appointed by the governor, no more than two shall be enrolled in the same political party, two shall be members of the bar of the state, and two shall not be members of the bar of the state. Of the four members appointed by the chief judge of the court of appeals, no more than two shall be enrolled in the same political party, two shall be members of the bar of the state, and two shall not be members of the bar of the state. No member of the commission shall hold or have held any judicial office or hold any elected public office for which he receives compensation during his period of service, except that the governor and the chief judge may each appoint no more than one former judge or justice of the unified court system to such commission. No member of the commission shall hold any office in any political party. No member of the judicial nominating commission shall be eligible for appointment to judicial office in any court of the state during the member's period of service or within one year thereafter. The members of the commission shall be residents of the state. 2. The members first appointed by the governor shall have respectively one, two, three and four-year terms as he shall designate. The members first appointed by the chief judge of the court of appeals shall have respectively one, two, three and four-year terms as he shall designate. The member first appointed by the temporary president of the senate shall have a one-year term. The member first appointed by the minority leader of the senate shall have a two-year term. The member first appointed by the speaker of the assembly shall have a four-year term. The member first appointed by the minority leader of the assembly shall have a three-year term. Each subsequent appointment shall be for a term of four years. 3. A vacancy shall be deemed to occur immediately upon the appointment or election of any member to an office that would disqualify him for appointment to, or membership on, the commission. A vacancy occuring for any reason other than by expiration of term shall be filled by the appointing officer for the remainder of the unexpired term. 4. The members shall designate one of their number to serve as chairman for a period of two years or until his term of office expires, whichever period is shorter. 5. Each member of the commission shall be entitled to receive his actual and necessary expenses incurred in the discharge of his duties. 6. Ten members of the commission shall constitute a quorum.