2023 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.