NY Jud L § 41 (2021)
2021 New York Laws JUD - Judiciary Article 2-A - State Commission on Judicial Conduct 41 - State Commission on Judicial Conduct; Organization.

§  41. State commission on judicial conduct; organization.  1. A state   commission on judicial conduct is  hereby  established.  The  commission   shall  consist of eleven members, of whom four shall be appointed by the   governor, one by the temporary president  of  the  senate,  one  by  the   minority  leader  of the senate, one by the speaker of the assembly, one   by the minority leader of the assembly and three by the chief  judge  of   the  court  of  appeals.  Of  the  members appointed by the governor one   person shall be a member of the bar of the state but not  a  judge,  two   shall not be members of the bar, judges or retired judges, and one shall   be a judge. Of the members appointed by the chief judge one person shall   be  a justice of the appellate division of the supreme court, one person   shall be a judge of a court other than the court of appeals or appellate   divisions and one person shall be a justice of a town or village  court.   None  of the persons to be appointed by the legislative leaders shall be   judges or retired judges.2. Membership on the commission by a judge shall  not  constitute  the   holding  of  a  public office and no judge shall be required to take and   file an oath of office before serving on the commission. The members  of   the  commission  shall  elect  one  of their number to serve as chairman   during his term of office or for a period of  two  years,  whichever  is   shorter.3. The persons first appointed by the governor shall have respectively   one,  two, three, and four year terms as he shall designate. The persons   first apppointed by the chief judge of the court of appeals  shall  have   respectively  two,  three and four year terms as he shall designate. The   person first appointed by the temporary president of  the  senate  shall   have  a one year term. The person first appointed by the minority leader   of the senate shall have a two year term. The person first appointed  by   the  speaker  of  the  assembly shall have a four year term.  The person   first appointed by the minority leader of  the  assembly  shall  have  a   three  year  term.  Each  member  of  the  commission shall be appointed   thereafter for a term of four years. Commission membership of a judge or   justice appointed by the governor or the chief judge shall terminate  if   such member ceases to hold the judicial position which qualified him for   such  appointment. Membership shall also terminate if a member attains a   position which would have rendered him ineligible for appointment at the   time of his appointment. A vacancy shall be  filled  by  the  appointing   officer for the remainder of the term.4.  If  a  member of the commission who is a judge is the subject of a   complaint or investigation with respect to his qualifications,  conduct,   fitness  to  perform  or performance of his official duties, he shall be   disqualified from participating in any and all proceedings with  respect   thereto.5.  Each  member of the commission shall serve without salary or other   compensation, but shall be entitled  to  receive  actual  and  necessary   expenses incurred in the discharge of his or her duties.6. For any action taken pursuant to subdivisions four through eight of   section  forty-four  or  subdivision  two of section forty-three of this   article, eight members of the commission shall constitute  a  quorum  of   the  commission  and  the  concurrence  of six members of the commission   shall be  necessary.  Two  members  of  a  three  member  panel  of  the   commission shall constitute a quorum of the panel and the concurrence of   two members of the panel shall be necessary for any action taken.7.  The  commission  shall  appoint  and  at  pleasure  may  remove an   administrator who shall be a member of the bar who is  not  a  judge  or   retired  judge.  The  administrator  of  the commission may appoint such   deputies, assistants, counsel,  investigators  and  other  officers  and   employees  as  he may deem necessary, prescribe their powers and duties,    fix their compensation and provide for reimbursement of  their  expenses   within the amounts appropriated therefor.