§ 63. Functions of the commission. 1. The commission shall consider
and evaluate the qualifications of candidates for appointment to the
offices of chief judge and associate judge of the court of appeals and,
as a vacancy occurs in any such office, shall recommend to the governor
persons who by their character, temperament, professional aptitude and
experience are well qualified to hold such judicial office.

2. (a) In recognition of the unique responsibilities of the chief
judge of the court of appeals for policies of judicial administration,
for a vacancy in the office of chief judge the commission shall
recommend to the governor seven persons.

(b) For a vacancy in the office of associate judge, the commission
shall recommend to the governor at least three persons and not more than
seven persons. Should more than one vacancy exist at the same time in
the office of associate judge, the number of persons recommended by the
commission to the governor shall be at least three plus one additional
person for each vacancy in such office, and not more than seven plus one
additional person for each vacancy in such office.

(c) Should vacancies exist in the offices of chief judge and associate
judge at the same time, the commission shall recommend for the office of
associate judge the number of persons as provided in paragraph (b) of
this subdivision, provided, however, that in addition thereto the
commission may also recommend for associate judge any of the persons who
have been recommended to the governor for the office of chief judge.

3. A recommendation to the governor shall require the concurrence of
eight members of the commission. The recommendations to the governor
shall be transmitted to the governor in a single written report which
shall be released to the public by the commission at the time it is
submitted to the governor. The report shall be in writing, signed only
by the chairman, and shall include the commission's findings relating to
the character, temperament, professional aptitude, experience,
qualifications and fitness for office of each candidate who is
recommended to the governor.

4. No person shall be recommended to the governor who has not
consented to be a candidate, who has not been personally interviewed by
a quorum of the membership of the commission, and who has not filed a
financial statement with the commission, on a form to be prescribed by
the commission. The financial statement shall consist of a sworn
statement of the person's assets, liabilities and sources of income, and
any other relevant financial information which the commission may
require. The commission shall transmit to the governor the financial
statement filed by each person who is recommended. The governor shall
make available to the public the financial statement filed by the person
who is appointed to fill a vacancy. The financial statements filed by
all other persons recommended to the governor, but not appointed by him,
shall be confidential.