N.Y. Judiciary Law § 499-C – State commission on prosecutorial conduct; organization

1. The commission shall consist of eleven members, of whom two shall be appointed by the governor, two by the temporary president of the senate, one by the minority leader of the senate, two 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 shall be a public defender and one shall be a prosecutor. Of the members appointed by the chief judge one person shall be a justice of the appellate division of the supreme court and two shall be judges of courts other than the court of appeals or appellate division. Of the members appointed by the legislative leaders, there shall be an equal number of prosecutors and attorneys providing defense services; provided, however, that 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 chairman during his or her term of office or for a period of two years, whichever is shorter.
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 persons first appointed by the temporary president of the senate shall have respectively three and four year terms as he or she shall designate. The person first appointed by the minority leader of the senate shall have a two year term. The persons first appointed by the speaker of the assembly shall have respectively three and four year terms as he or she shall designate. 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 or her for such appointment. Membership shall also 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 nine 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 a prosecutor 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.