§ 41. State commission on judicial conduct; organization.
1.A state\ncommission on judicial conduct is hereby established. The commission\nshall consist of eleven members, of whom four shall be appointed by the\ngovernor, one by the temporary president of the senate, one by the\nminority leader of the senate, one by the speaker of the assembly, one\nby the minority leader of the assembly and three by the chief judge of\nthe court of appeals. Of the members appointed by the governor one\nperson shall be a member of the bar of the state but not a judge, two\nshall not be members of the bar, judges or retired judges, and one shall\nbe a judge. Of the members appointed by the chief judge one person shall\nbe a justice of the appellate division of the supreme court, one person\nshall be a j
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§ 41. State commission on judicial conduct; organization. 1. A state\ncommission on judicial conduct is hereby established. The commission\nshall consist of eleven members, of whom four shall be appointed by the\ngovernor, one by the temporary president of the senate, one by the\nminority leader of the senate, one by the speaker of the assembly, one\nby the minority leader of the assembly and three by the chief judge of\nthe court of appeals. Of the members appointed by the governor one\nperson shall be a member of the bar of the state but not a judge, two\nshall not be members of the bar, judges or retired judges, and one shall\nbe a judge. Of the members appointed by the chief judge one person shall\nbe a justice of the appellate division of the supreme court, one person\nshall be a judge of a court other than the court of appeals or appellate\ndivisions and one person shall be a justice of a town or village court.\nNone of the persons to be appointed by the legislative leaders shall be\njudges or retired judges.\n 2. Membership on the commission by a judge shall not constitute the\nholding of a public office and no judge shall be required to take and\nfile an oath of office before serving on the commission. The members of\nthe commission shall elect one of their number to serve as chairman\nduring his term of office or for a period of two years, whichever is\nshorter.\n 3. The persons first appointed by the governor shall have respectively\none, two, three, and four year terms as he shall designate. The persons\nfirst apppointed by the chief judge of the court of appeals shall have\nrespectively two, three and four year terms as he shall designate. The\nperson first appointed by the temporary president of the senate shall\nhave a one year term. The person first appointed by the minority leader\nof the senate shall have a two year term. The person first appointed by\nthe speaker of the assembly shall have a four year term. The person\nfirst appointed by the minority leader of the assembly shall have a\nthree year term. Each member of the commission shall be appointed\nthereafter for a term of four years. Commission membership of a judge or\njustice appointed by the governor or the chief judge shall terminate if\nsuch member ceases to hold the judicial position which qualified him for\nsuch appointment. Membership shall also terminate if a member attains a\nposition which would have rendered him ineligible for appointment at the\ntime of his appointment. A vacancy shall be filled by the appointing\nofficer for the remainder of the term.\n 4. If a member of the commission who is a judge is the subject of a\ncomplaint or investigation with respect to his qualifications, conduct,\nfitness to perform or performance of his official duties, he shall be\ndisqualified from participating in any and all proceedings with respect\nthereto.\n 5. Each member of the commission shall serve without salary or other\ncompensation, but shall be entitled to receive actual and necessary\nexpenses incurred in the discharge of his or her duties.\n 6. For any action taken pursuant to subdivisions four through eight of\nsection forty-four or subdivision two of section forty-three of this\narticle, eight members of the commission shall constitute a quorum of\nthe commission and the concurrence of six members of the commission\nshall be necessary. Two members of a three member panel of the\ncommission shall constitute a quorum of the panel and the concurrence of\ntwo members of the panel shall be necessary for any action taken.\n 7. The commission shall appoint and at pleasure may remove an\nadministrator who shall be a member of the bar who is not a judge or\nretired judge. The administrator of the commission may appoint such\ndeputies, assistants, counsel, investigators and other officers and\nemployees as he may deem necessary, prescribe their powers and duties,\nfix their compensation and provide for reimbursement of their expenses\nwithin the amounts appropriated therefor.\n