N.Y. Judiciary Law § 64: Additional functions of the commission

§ 64. Additional functions of the commission. The commission shall

have the following functions, powers and duties:

1. Establish procedures to assure that persons who may be well

qualified for appointment to the court of appeals, other than those who

have requested consideration or who have been recommended for

consideration by others, are encouraged to agree to be considered by the

commission.

2. Conduct investigations, administer oaths or affirmations, subpoena

witnesses and compel their attendance, examine them under oath or

affirmation and require the production of any books, records, documents

or other evidence that it may deem relevant or material to its

evaluation of candidates.

3. Require from any court, department, division, board, bureau,

commission, or other agency of the state or political subdivision

thereof or any public authority such assistance, information and data,

as will enable it properly to evaluate the qualifications of candidates,

subject to any absolute judicial or executive privilege, where one

exists.

Notwithstanding any other provision of law, the commission, with the

consent of the applicant, shall be entitled to require from the

commission on judicial conduct the record of any proceeding pursuant to

a formal written complaint against an applicant for judicial appointment

to the court of appeals, in which the applicant's misconduct was

established, any pending complaint against an applicant, and the record

to date of any pending proceeding pursuant to a formal written complaint

against such applicant for appointment to the court of appeals. The

commission on judicial conduct shall have fifteen days within which to

respond to a request made pursuant to this subdivision.

4. Require the appearance of any candidate before it and interview any

person concerning the qualifications of any candidate.

5. Communicate with the governor concerning the qualifications of any

person whom it has recommended to the governor, and communicate with the

senate concerning the qualifications of the person appointed by the

governor.

6. The commission may appoint, and at pleasure remove, a counsel and

such other staff as it may require from time to time, and prescribe

their powers and duties. The commission shall fix the compensation of

its staff and provide for reimbursement of their expenses within the

amounts appropriated by law.

7. Do all other things necessary and convenient to carry out its

functions pursuant to this article.