Sec. 7100.7. Investigation of candidates

(a) In order to receive consideration by the commission, candidates must set forth and verify all the information called for by the questionnaire furnished by the commission, and execute the accompanying forms by which the commission is given access to information and records that may otherwise be confidential.

(b) Counsel will cause such inquiry to be made as to the background and qualifications of a candidate as is necessary to determine that all statutory or constitutional criteria for appointment to the Court of Appeals are met, and to ensure that the commission will have the fullest possible information available for its deliberations with respect to the candidate.

(c) Counsel is authorized to utilize, on the commission's behalf, the power granted to the commission by section 64(3) of the Judiciary Law, to request assistance, information and data from any State agency, and, specifically, shall procure the assistance of the State Police in acquiring background information with respect to candidates.

(d) In the event that the chairperson, counsel or any commissioner believes that the power granted by section 64(2) of the Judiciary Law to administer oaths or affirmations, or to subpoena witnesses or documents, should be utilized, they shall request the authority to do so from the commission at a duly constituted meeting; except that, in the event the chairperson believes that any such power should be utilized on an emergency basis, the chairperson may do so pursuant to the agreement of a majority of the commission given by telephone or in writing. Subpoenas, or other process, issued on behalf of the commission will be signed by the chairperson or, if unavailable, by counsel; and the chairperson (or a commissioner designated by the chairperson) and counsel are hereby empowered to administer oaths or affirmations on behalf of the commission.