(a) one shall be the chief judge of the court of appeals, who shall be
the chair of the board;
(b) one shall be appointed by the governor on the recommendation of
the temporary president of the senate;
(c) one shall be appointed by the governor on the recommendation of
the speaker of the assembly;
(d) one shall be appointed by the governor from a list of at least
three attorney nominees submitted by the New York state bar association;
(e) two shall be appointed by the governor from a list of at least
four nominees submitted by the New York state association of counties;
(f) one shall be appointed by the governor and shall be an attorney
who has provided public defense services for at least five years;
(g) one attorney who shall be appointed by the governor; and
(h) one shall be appointed by the governor, from a list of no more
than two nominees submitted by the chief administrator of the courts,
each of whom shall be a judge or justice, or retired judge or justice,
who was elected to the supreme, county or family court, or appointed to
the criminal court or family court in the city of New York, and has
substantial experience presiding as such a judge or justice in trial
matters before such court.
2. All members of the board shall be appointed for terms of three
years such terms to commence on August first, and expire July
thirty-first, provided, however, that the chief judge of the court of
appeals shall serve ex officio; and provided further, that the initial
term of the member appointed pursuant to paragraph (d), the first of the
two members appointed pursuant to paragraph (e) and the member appointed
under paragraph (g) of subdivision one of this section shall be for two
years. Initial appointments must be made within sixty days of the
effective date of this subdivision. Any member chosen to fill a vacancy
created otherwise than by expiration of term shall be appointed for the
unexpired term of the member whom he or she is to succeed. Vacancies
caused by expiration of a term or otherwise shall be filled promptly and
in the same manner as original appointments. Any member may be
reappointed for additional terms.
A member of the board shall continue in such position upon the
expiration of his or her term until such time as he or she is
reappointed or his or her successor is appointed, as the case may be.
3. Membership on the board shall not constitute the holding of an
office, and members of the board shall not be required to take and file
oaths of office before serving on the board. The board shall not have
the right to exercise any portion of the sovereign power of the state.
4. The board shall meet at least four times in each year. The first
meeting of the board shall be held within thirty days of the appointment
of the full board or within sixty days after the effective date of this
subdivision, whichever occurs earlier. Special meetings may be called by
the chair and shall be called by the chair upon the request of five
members of the board. The board may establish its own procedures with
respect to the conduct of its meetings and other affairs; provided,
however, that the quorum and majority provisions of section forty-one of
the general construction law shall govern all actions taken by the
board.
5. The members of the board shall receive no compensation for their
services but shall be allowed their actual and necessary expenses
incurred in the performance of their functions hereunder.
6. No member of the board shall be disqualified from holding any
public office or employment, nor shall he or she forfeit any such office
or employment, by reason of his or her appointment pursuant to this
section, notwithstanding the provisions of any other general, special or
local law, ordinance or city charter.
7. The board shall have the following duties and responsibilities:
(a) To evaluate existing indigent legal services programs and
determine the type of indigent legal services that should be provided in
New York state to best serve the interests of persons receiving such
services;
(b) To consult with and advise the office of indigent legal services
in carrying out the duties and responsibilities of such office;
(c) To accept, reject or modify recommendations made by the office of
indigent legal services regarding the allocation of funds and the
awarding of grants, including incentive grants, from the indigent legal
services fund created pursuant to section ninety-eight-b of the state
finance law. When acting on such a recommendation, the board shall set
forth the basis for its determination; and
(d) To advise and to make an annual report to the governor,
legislature and judiciary.