§ 41. State commission on judicial conduct; organization. 1. A state
commission on judicial conduct is hereby established. 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. Of the members appointed by the governor one
person shall be a member of the bar of the state but not a judge, two
shall not be members of the bar, judges or retired judges, and one shall
be a judge. Of the members appointed by the chief judge one person shall
be a justice of the appellate division of the supreme court, one person
shall be a judge of a court other than the court of appeals or appellate
divisions and one person shall be a justice of a town or village court.
None of the persons to be appointed by the legislative leaders shall be
judges or retired judges.

2. Membership on the commission by a judge shall not constitute the
holding of a public office and no judge 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 chairman
during his term of office or for a period of two years, whichever is
shorter.

3. The persons first appointed by the governor shall have respectively
one, two, three, and four year terms as he shall designate. The persons
first apppointed by the chief judge of the court of appeals shall have
respectively two, three and four year terms as he shall designate. The
person first appointed by the temporary president of the senate shall
have a one 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 four year term. The person
first appointed by the minority leader of the assembly shall have a
three year term. Each member of the commission shall be appointed
thereafter for a term of four years. Commission membership of a judge or
justice appointed by the governor or the chief judge shall terminate if
such member ceases to hold the judicial position which qualified him for
such appointment. Membership shall also terminate if a member attains a
position which would have rendered him ineligible for appointment at the
time of his 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 judge is the subject of a
complaint or investigation with respect to his qualifications, conduct,
fitness to perform or performance of his official duties, he 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 eight of
section forty-four or subdivision two of section forty-three 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 a judge or
retired judge. The administrator of the commission may appoint such
deputies, assistants, counsel, investigators and other officers and
employees as he may deem necessary, prescribe their powers and duties,
fix their compensation and provide for reimbursement of their expenses
within the amounts appropriated therefor.