N.Y. Const. art. VI, § 2: Court of appeals and judges thereof; designation of supreme court justices to serve temporarily; judicial nominating commission; filling of vacancies by appointment; confirmation of appointments

§ 2. a. The court of appeals is continued. It shall consist of the

chief judge and the six elected associate judges now in office, who

shall hold their offices until the expiration of their respective terms,

and their successors, and such justices of the supreme court as may be

designated for service in said court as hereinafter provided. The

official terms of the chief judge and the six associate judges shall be

fourteen years.

Five members of the court shall constitute a quorum, and the

concurrence of four shall be necessary to a decision; but no more than

seven judges shall sit in any case. In case of the temporary absence or

inability to act of any judge of the court of appeals, the court may

designate any justice of the supreme court to serve as associate judge

of the court during such absence or inability to act. The court shall

have power to appoint and to remove its clerk. The powers and

jurisdiction of the court shall not be suspended for want of appointment

when the number of judges is sufficient to constitute a quorum.

b. Whenever and as often as the court of appeals shall certify to the

governor that the court is unable, by reason of the accumulation of

causes pending therein, to hear and dispose of the same with reasonable

speed, the governor shall designate such number of justices of the

supreme court as may be so certified to be necessary, but not more than

four, to serve as associate judges of the court of appeals. The justices

so designated shall be relieved, while so serving, from their duties as

justices of the supreme court, and shall serve as associate judges of

the court of appeals until the court shall certify that the need for the

services of any such justices no longer exists, whereupon they shall

return to the supreme court. The governor may fill vacancies among such

designated judges. No such justices shall serve as associate judge of

the court of appeals except while holding the office of justice of the

supreme court. The designation of a justice of the supreme court as an

associate judge of the court of appeals shall not be deemed to affect

his or her existing office any longer than until the expiration of his

or her designation as such associate judge, nor to create a vacancy.

c. There shall be a commission on judicial nomination to evaluate the

qualifications of candidates for appointment to the court of appeals and

to prepare a written report and recommend to the governor those persons

who by their character, temperament, professional aptitude and

experience are well qualified to hold such judicial office. The

legislature shall provide by law for the organization and procedure of

the judicial nominating commission.

d. (1) The commission on judicial nomination shall consist of twelve

members of whom four shall be appointed by the governor, four by the

chief judge of the court of appeals, and one each by the speaker of the

assembly, the temporary president of the senate, the minority leader of

the senate, and the minority leader of the assembly. Of the four members

appointed by the governor, no more than two shall be enrolled in the

same political party, two shall be members of the bar of the state, and

two shall not be members of the bar of the state. Of the four members

appointed by the chief judge of the court of appeals, no more than two

shall be enrolled in the same political party, two shall be members of

the bar of the state, and two shall not be members of the bar of the

state. No member of the commission shall hold or have held any judicial

office or hold any elected public office for which he or she receives

compensation during his or her period of service, except that the

governor and the chief judge may each appoint no more than one former

judge or justice of the unified court system to such commission. No

member of the commission shall hold any office in any political party.

No member of the judicial nominating commission shall be eligible for

appointment to judicial office in any court of the state during the

member's period of service or within one year thereafter.

(2) The members first appointed by the governor shall have

respectively one, two, three and four year terms as the governor shall

designate. The members first appointed by the chief judge of the court

of appeals shall have respectively one, two, three and four year terms

as the chief judge shall designate. The member first appointed by the

temporary president of the senate shall have a one-year term. The member

first appointed by the minority leader of the senate shall have a

two-year term. The member first appointed by the speaker of the assembly

shall have a four-year term. The member first appointed by the minority

leader of the assembly shall have a three-year term. Each subsequent

appointment shall be for a term of four years.

(3) The commission shall designate one of their number to serve as

chairperson.

(4) The commission shall consider the qualifications of candidates for

appointment to the offices of judge and chief judge of the court of

appeals and, whenever a vacancy in those offices occurs, shall prepare a

written report and recommend to the governor persons who are well

qualified for those judicial offices.

e. The governor shall appoint, with the advice and consent of the

senate, from among those recommended by the judicial nominating

commission, a person to fill the office of chief judge or associate

judge, as the case may be, whenever a vacancy occurs in the court of

appeals; provided, however, that no person may be appointed a judge of

the court of appeals unless such person is a resident of the state and

has been admitted to the practice of law in this state for at least ten

years. The governor shall transmit to the senate the written report of

the commission on judicial nomination relating to the nominee.

f. When a vacancy occurs in the office of chief judge or associate

judge of the court of appeals and the senate is not in session to give

its advice and consent to an appointment to fill the vacancy, the

governor shall fill the vacancy by interim appointment upon the

recommendation of a commission on judicial nomination as provided in

this section. An interim appointment shall continue until the senate

shall pass upon the governor's selection. If the senate confirms an

appointment, the judge shall serve a term as provided in subdivision a

of this section commencing from the date of his or her interim

appointment. If the senate rejects an appointment, a vacancy in the

office shall occur sixty days after such rejection. If an interim

appointment to the court of appeals be made from among the justices of

the supreme court or the appellate divisions thereof, that appointment

shall not affect the justice's existing office, nor create a vacancy in

the supreme court, or the appellate division thereof, unless such

appointment is confirmed by the senate and the appointee shall assume

such office. If an interim appointment of chief judge of the court of

appeals be made from among the associate judges, an interim appointment

of associate judge shall be made in like manner; in such case, the

appointment as chief judge shall not affect the existing office of

associate judge, unless such appointment as chief judge is confirmed by

the senate and the appointee shall assume such office.

g. The provisions of subdivisions c, d, e and f of this section shall

not apply to temporary designations or assignments of judges or

justices.