N.Y. Comp. Codes R. & Regs. tit. 9 § 5.12

Current through Register Vol. 46, No. 25, June 18, 2024

Section 5.12 - Executive order no. 12: establishing the committee to evaluate and recommend candidates for appointment as interim district attorney or sheriff

WHEREAS, from time to time a vacancy may occur for the office of district attorney or sheriff;

WHEREAS, district attorneys and sheriffs are constitutional officers with broad law enforcement duties within their jurisdictions;

WHEREAS, the County Law authorizes the Governor to fill a vacancy for the office of district attorney by appointment, and to fill a vacancy for the office of sheriff by appointment with the advice and consent of the Senate;

WHEREAS, the first obligation of government is to protect its citizens from crime and violence; public confidence in the criminal justice system has been eroded; and district attorneys and sheriffs exercise important responsibilities in the administration of the criminal justice system;

WHEREAS, citizens within a county in which a vacancy for district attorney or sheriff occurs must be served by highly qualified public officials until such time that they duly elect a candidate to hold such office; and

WHEREAS, a screening committee should evaluate the qualifications of potential appointees and recommend to the Governor those persons who are highly qualified to hold the office of district attorney or sheriff;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby establish the Committee to Evaluate and Recommend Candidates for Appointment as Interim District Attorney or Sheriff, now by Executive Order:

I. Membership.

Members of the committee shall consist of Paul L. Schectman, the State Director of Criminal Justice, who shall be the chairperson of the Committee, Michael C. Finnegan, the Counsel to the Governor, Victoria A. Graffeo, the Solicitor General, John F. O'Mara, former President of the New York State District Attorney's Association and the Hon. Lawrence H. Cooke, former Chief Judge of the Court of Appeals. Members of the committee shall receive no compensation for their service, but shall be entitled to reimbursement for any necessary expenses incurred in connection with the performance of their duties.

II. Powers and Responsibilities.

The committee shall, whenever a vacancy occurs for the office of district attorney or sheriff:

1. consider and evaluate the qualifications of any candidate proposed to it by any person or group;

2. conduct all appropriate inquiries into the background and qualifications of any candidate;

3. recommend for appointment only those candidates who, as determined by a majority vote of all members of the committee, are highly qualified for the office for which they are being considered;

4. in reviewing and evaluating the qualifications of candidates, each committee member shall give primary consideration to the quality of a candidate's intellect, judgment, temperament, character and experience, and shall not give any consideration whatsoever to the race, religion, gender, national origin, sexual orientation or political party affiliation of a candidate.

All records and deliberations of the committee and all communications to the Committee with respect to a candidate's qualifications shall be held in confidence and shall not be disclosed to anyone other than the Governor, Counsel to the Governor or their designees. Notwithstanding the foregoing, information submitted to the Committee may be disclosed to the Senate when necessary for constitutional confirmation and to any other person or organization if disclosure is required in connection with the performance of official duties.

Signed: George E. PatakiDated: April 25, 1995

[FN*] [Revoked by Executive Order No. 5 (Eliot Spitzer), infra.]

[Revoked by Executive Order No. 9 (David A. Paterson), infra.]

[Revoked by Executive Order No. 2 (Andrew M. Cuomo), infra.]

N.Y. Comp. Codes R. & Regs. Tit. 9 § 5.12