Legislation
SECTION 64
Additional functions of the commission
Judiciary (JUD) CHAPTER 30, ARTICLE 3-A
§ 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.
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.