2023 New York Laws › JUD - Judiciary › Article 3-A - Commission on Judicial Nomination › 63 - Functions of the Commission.

§  63.  Functions  of the commission. 1. The commission shall consider
and evaluate the qualifications of candidates  for  appointment  to  the
offices  of chief judge and associate judge of the court of appeals and,
as a vacancy occurs in any such office, shall recommend to the  governor
persons  who  by their character, temperament, professional aptitude and
experience are well qualified to hold such judicial office.
2. (a) In recognition of the  unique  responsibilities  of  the  chief
judge  of  the court of appeals for policies of judicial administration,
for a vacancy  in  the  office  of  chief  judge  the  commission  shall
recommend to the governor seven persons.
(b)  For  a  vacancy  in the office of associate judge, the commission
shall recommend to the governor at least three persons and not more than
seven persons. Should more than one vacancy exist at the  same  time  in
the  office of associate judge, the number of persons recommended by the
commission to the governor shall be at least three plus  one  additional
person for each vacancy in such office, and not more than seven plus one
additional person for each vacancy in such office.
(c) Should vacancies exist in the offices of chief judge and associate
judge at the same time, the commission shall recommend for the office of
associate  judge  the  number of persons as provided in paragraph (b) of
this subdivision,  provided,  however,  that  in  addition  thereto  the
commission may also recommend for associate judge any of the persons who
have been recommended to the governor for the office of chief judge.
3.  A  recommendation to the governor shall require the concurrence of
eight members of the commission. The  recommendations  to  the  governor
shall  be  transmitted  to the governor in a single written report which
shall be released to the public by the commission  at  the  time  it  is
submitted  to  the governor. The report shall be in writing, signed only
by the chairman, and shall include the commission's findings relating to
the   character,   temperament,   professional   aptitude,   experience,
qualifications   and  fitness  for  office  of  each  candidate  who  is
recommended to the governor.
4. No person  shall  be  recommended  to  the  governor  who  has  not
consented  to be a candidate, who has not been personally interviewed by
a quorum of the membership of the commission, and who has  not  filed  a
financial  statement  with the commission, on a form to be prescribed by
the commission.  The  financial  statement  shall  consist  of  a  sworn
statement of the person's assets, liabilities and sources of income, and
any  other  relevant  financial  information  which  the  commission may
require. The commission shall transmit to  the  governor  the  financial
statement  filed  by  each person who is recommended. The governor shall
make available to the public the financial statement filed by the person
who is appointed to fill a vacancy. The financial  statements  filed  by
all other persons recommended to the governor, but not appointed by him,
shall be confidential.