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SECTION 499-C
State commission on prosecutorial conduct; organization
Judiciary (JUD) CHAPTER 30, ARTICLE 15-A
§ 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.