New York Judiciary Law Section 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.

Last modified: February 3, 2019