N.Y. Judiciary Law § 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.