Section 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.