NY Jud L § 499-C (2021)
2021 New York Laws JUD - Judiciary Article 15-A - State Commission on Prosecutorial Conduct 499-C - State Commission on Prosecutorial Conduct; Organization.

§  499-c.  State commission on prosecutorial conduct; organization. 1. 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.  (a)  Of  the members appointed by the governor, two shall be attorneys providing public defense services who have provided such services for at least five years, and two shall be active, former or retired prosecutors with at least five years of prosecutorial experience.  (b) Of the members appointed by the chief judge, two shall be  retired judges,  one of whom shall possess significant work experience providing public  defense  services  and  one  of  whom  shall  have   significant prosecutorial experience; one shall be a full time law professor or dean at an accredited law school with significant criminal law experience.  (c)  Of the members appointed by the legislative leaders, two shall be attorneys providing defense services and two shall be active, former, or retired prosecutors. Each  candidate  for  appointment  as  an  attorney providing  defense  services  shall  have  provided such services for at least five years and each candidate for appointment as an active, former or  retired  prosecutor  shall  have  had  at  least   five   years   of prosecutorial   experience.  After  the  speaker  of  the  assembly  and temporary  president  of  the  senate  shall  have  made  their  initial appointments,  the  minority  leaders  of  each  house  shall make their appointments to the commission in a manner to ensure an equal number  of attorneys  providing  defense  services  and  active,  former or retired prosecutors. After such initial  appointments,  successive  appointments must  be  made  in  a  manner  to  ensure  an  equal number of attorneys providing defense services and active, former or retired prosecutors.  A temporary  imbalance  in the number of prosecutors and defense attorneys pending  new  appointments  shall  not  prevent  the   commission   from conducting business.   2.  Membership  on the commission by a prosecutor shall not constitute the holding of a public office and no prosecutor 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 chairperson  during  his  or  her  term of office or for a period of two years, whichever is shorter. Members  of  the  commission  who  fail  to participate  for  ninety days may be replaced by the original appointing authority for the remainder of the term.   3. The persons first appointed by the governor shall have respectively three and four year terms as he or  she  shall  designate.  The  persons first  appointed  by  the chief judge of the court of appeals shall have respectively two,  three  and  four  year  terms  as  he  or  she  shall designate.  The person first appointed by the temporary president of the senate shall have a three 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  three  year term.  The person first appointed by the minority leader of the assembly shall have a two year term. Each  member  of  the  commission  shall  be appointed  thereafter  for  a  term  of  four  years.  Membership  shall terminate if a member attains a position which would have  rendered  him or her ineligible for appointment at the time of his or her 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 prosecutor is the subject of a  complaint or investigation with respect to his or her qualifications, conduct, fitness to perform  or  performance  of  his  or  her  official  duties,  he  or  she shall be disqualified from participating in any and all proceedings with respect thereto. If a member of the  commission  is employed  in  the  same  organization  as  the subject of a complaint or investigation  with  respect  to  his  or  her  qualifications, conduct, fitness to perform, or performance of his or her official duties, he  or she  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 seven of section four hundred ninety-nine-f or subdivision two  of  section  four hundred  ninety-nine-e  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 an active, former or retired prosecutor. The administrator of  the  commission  may appoint  such  deputies,  assistants,  counsel,  investigators and other officers and employees as he or she may deem necessary, prescribe  their powers  and duties, fix their compensation and provide for reimbursement of  their  expenses  within  the  amounts  appropriated   therefor.   No appointment  of  an  administrator  shall be valid unless approved by an executive appointee, the appointee of the  temporary  president  of  the senate, and the appointee of the speaker of the assembly.