2006 New York Code - Court of appeals and judges thereof; designation of supreme court justices to serve temporarily; judicial nominating commission; filling of vacancies by appointment; confirmation of appointments.

 
    §  2.  a.  The  court of appeals is continued. It shall consist of the
  chief judge and the six elected associate  judges  now  in  office,  who
  shall hold their offices until the expiration of their respective terms,
  and  their  successors, and such justices of the supreme court as may be
  designated for service  in  said  court  as  hereinafter  provided.  The
  official  terms of the chief judge and the six associate judges shall be
  fourteen years.
    Five  members  of  the  court  shall  constitute  a  quorum,  and  the
  concurrence  of  four shall be necessary to a decision; but no more than
  seven judges shall sit in any case. In case of the temporary absence  or
  inability  to  act  of  any judge of the court of appeals, the court may
  designate any justice of the supreme court to serve as  associate  judge
  of  the  court  during such absence or inability to act. The court shall
  have  power  to  appoint  and  to  remove  its  clerk.  The  powers  and
  jurisdiction of the court shall not be suspended for want of appointment
  when the number of judges is sufficient to constitute a quorum.
    b.  Whenever and as often as the court of appeals shall certify to the
  governor that the court is unable, by  reason  of  the  accumulation  of
  causes  pending therein, to hear and dispose of the same with reasonable
  speed, the governor shall designate  such  number  of  justices  of  the
  supreme  court as may be so certified to be necessary, but not more than
  four, to serve as associate judges of the court of appeals. The justices
  so designated shall be relieved, while so serving, from their duties  as
  justices  of  the  supreme court, and shall serve as associate judges of
  the court of appeals until the court shall certify that the need for the
  services of any such justices no longer  exists,  whereupon  they  shall
  return  to the supreme court. The governor may fill vacancies among such
  designated judges. No such justices shall serve as  associate  judge  of
  the  court  of appeals except while holding the office of justice of the
  supreme court. The designation of a justice of the supreme court  as  an
  associate  judge  of  the court of appeals shall not be deemed to affect
  his or her existing office any longer than until the expiration  of  his
  or her designation as such associate judge, nor to create a vacancy.
    c.  There shall be a commission on judicial nomination to evaluate the
  qualifications of candidates for appointment to the court of appeals and
  to prepare a written report and recommend to the governor those  persons
  who   by   their   character,  temperament,  professional  aptitude  and
  experience  are  well  qualified  to  hold  such  judicial  office.  The
  legislature  shall  provide by law for the organization and procedure of
  the judicial nominating commission.
    d. (1) The commission on judicial nomination 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 or she receives
  compensation during his or  her  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.
    (2)   The   members   first  appointed  by  the  governor  shall  have
  respectively one, two, three and four year terms as the  governor  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  the  chief  judge 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)  The  commission  shall  designate one of their number to serve as
  chairperson.
    (4) The commission shall consider the qualifications of candidates for
  appointment to the offices of judge and chief  judge  of  the  court  of
  appeals and, whenever a vacancy in those offices occurs, shall prepare a
  written  report  and  recommend  to  the  governor  persons who are well
  qualified for those judicial offices.
    e. The governor shall appoint, with the  advice  and  consent  of  the
  senate,   from  among  those  recommended  by  the  judicial  nominating
  commission, a person to fill the office  of  chief  judge  or  associate
  judge,  as  the  case  may be, whenever a vacancy occurs in the court of
  appeals; provided, however, that no person may be appointed a  judge  of
  the  court  of appeals unless such person is a resident of the state and
  has been admitted to the practice of law in this state for at least  ten
  years.  The  governor shall transmit to the senate the written report of
  the commission on judicial nomination relating to the nominee.
    f. When a vacancy occurs in the office of  chief  judge  or  associate
  judge  of  the court of appeals and the senate is not in session to give
  its advice and consent to  an  appointment  to  fill  the  vacancy,  the
  governor  shall  fill  the  vacancy  by  interim  appointment  upon  the
  recommendation of a commission on judicial  nomination  as  provided  in
  this  section.  An  interim  appointment shall continue until the senate
  shall pass upon the governor's selection.  If  the  senate  confirms  an
  appointment,  the  judge shall serve a term as provided in subdivision a
  of this  section  commencing  from  the  date  of  his  or  her  interim
  appointment.  If  the  senate  rejects  an appointment, a vacancy in the
  office shall occur sixty  days  after  such  rejection.  If  an  interim
  appointment  to  the court of appeals be made from among the justices of
  the supreme court or the appellate divisions thereof,  that  appointment
  shall  not affect the justice's existing office, nor create a vacancy in
  the supreme court,  or  the  appellate  division  thereof,  unless  such
  appointment  is  confirmed  by the senate and the appointee shall assume
  such office. If an interim appointment of chief judge of  the  court  of
  appeals  be made from among the associate judges, an interim appointment
  of associate judge shall be made in  like  manner;  in  such  case,  the
  appointment  as  chief  judge  shall  not  affect the existing office of
  associate judge, unless such appointment as chief judge is confirmed  by
  the senate and the appointee shall assume such office.
    g.  The provisions of subdivisions c, d, e and f of this section shall
  not  apply  to  temporary  designations  or  assignments  of  judges  or
  justices.