§ 2. a. The court of appeals is continued. It shall consist of the
chief judge and the six elected associate judges now in office, who
shall hold their offices until the expiration of their respective terms,
and their successors, and such justices of the supreme court as may be
designated for service in said court as hereinafter provided. The
official terms of the chief judge and the six associate judges shall be
fourteen years.

Five members of the court shall constitute a quorum, and the
concurrence of four shall be necessary to a decision; but no more than
seven judges shall sit in any case. In case of the temporary absence or
inability to act of any judge of the court of appeals, the court may
designate any justice of the supreme court to serve as associate judge
of the court during such absence or inability to act. The court shall
have power to appoint and to remove its clerk. The powers and
jurisdiction of the court shall not be suspended for want of appointment
when the number of judges is sufficient to constitute a quorum.

b. Whenever and as often as the court of appeals shall certify to the
governor that the court is unable, by reason of the accumulation of
causes pending therein, to hear and dispose of the same with reasonable
speed, the governor shall designate such number of justices of the
supreme court as may be so certified to be necessary, but not more than
four, to serve as associate judges of the court of appeals. The justices
so designated shall be relieved, while so serving, from their duties as
justices of the supreme court, and shall serve as associate judges of
the court of appeals until the court shall certify that the need for the
services of any such justices no longer exists, whereupon they shall
return to the supreme court. The governor may fill vacancies among such
designated judges. No such justices shall serve as associate judge of
the court of appeals except while holding the office of justice of the
supreme court. The designation of a justice of the supreme court as an
associate judge of the court of appeals shall not be deemed to affect
his or her existing office any longer than until the expiration of his
or her designation as such associate judge, nor to create a vacancy.

c. There shall be a commission on judicial nomination to evaluate the
qualifications of candidates for appointment to the court of appeals and
to prepare a written report and recommend to the governor those persons
who by their character, temperament, professional aptitude and
experience are well qualified to hold such judicial office. The
legislature shall provide by law for the organization and procedure of
the judicial nominating commission.

d. (1) The commission on judicial nomination shall consist of twelve
members of whom four shall be appointed by the governor, four by the
chief judge of the court of appeals, and one each by the speaker of the
assembly, the temporary president of the senate, the minority leader of
the senate, and the minority leader of the assembly. Of the four members
appointed by the governor, no more than two shall be enrolled in the
same political party, two shall be members of the bar of the state, and
two shall not be members of the bar of the state. Of the four members
appointed by the chief judge of the court of appeals, no more than two
shall be enrolled in the same political party, two shall be members of
the bar of the state, and two shall not be members of the bar of the
state. No member of the commission shall hold or have held any judicial
office or hold any elected public office for which he or she receives
compensation during his or her period of service, except that the
governor and the chief judge may each appoint no more than one former
judge or justice of the unified court system to such commission. No
member of the commission shall hold any office in any political party.
No member of the judicial nominating commission shall be eligible for
appointment to judicial office in any court of the state during the
member's period of service or within one year thereafter.

(2) The members first appointed by the governor shall have
respectively one, two, three and four year terms as the governor shall
designate. The members first appointed by the chief judge of the court
of appeals shall have respectively one, two, three and four year terms
as the chief judge shall designate. The member first appointed by the
temporary president of the senate shall have a one-year term. The member
first appointed by the minority leader of the senate shall have a
two-year term. The member first appointed by the speaker of the assembly
shall have a four-year term. The member first appointed by the minority
leader of the assembly shall have a three-year term. Each subsequent
appointment shall be for a term of four years.

(3) The commission shall designate one of their number to serve as
chairperson.

(4) The commission shall consider the qualifications of candidates for
appointment to the offices of judge and chief judge of the court of
appeals and, whenever a vacancy in those offices occurs, shall prepare a
written report and recommend to the governor persons who are well
qualified for those judicial offices.

e. The governor shall appoint, with the advice and consent of the
senate, from among those recommended by the judicial nominating
commission, a person to fill the office of chief judge or associate
judge, as the case may be, whenever a vacancy occurs in the court of
appeals; provided, however, that no person may be appointed a judge of
the court of appeals unless such person is a resident of the state and
has been admitted to the practice of law in this state for at least ten
years. The governor shall transmit to the senate the written report of
the commission on judicial nomination relating to the nominee.

f. When a vacancy occurs in the office of chief judge or associate
judge of the court of appeals and the senate is not in session to give
its advice and consent to an appointment to fill the vacancy, the
governor shall fill the vacancy by interim appointment upon the
recommendation of a commission on judicial nomination as provided in
this section. An interim appointment shall continue until the senate
shall pass upon the governor's selection. If the senate confirms an
appointment, the judge shall serve a term as provided in subdivision a
of this section commencing from the date of his or her interim
appointment. If the senate rejects an appointment, a vacancy in the
office shall occur sixty days after such rejection. If an interim
appointment to the court of appeals be made from among the justices of
the supreme court or the appellate divisions thereof, that appointment
shall not affect the justice's existing office, nor create a vacancy in
the supreme court, or the appellate division thereof, unless such
appointment is confirmed by the senate and the appointee shall assume
such office. If an interim appointment of chief judge of the court of
appeals be made from among the associate judges, an interim appointment
of associate judge shall be made in like manner; in such case, the
appointment as chief judge shall not affect the existing office of
associate judge, unless such appointment as chief judge is confirmed by
the senate and the appointee shall assume such office.

g. The provisions of subdivisions c, d, e and f of this section shall
not apply to temporary designations or assignments of judges or
justices.