N.Y. Judiciary Law § 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.