3460                                     EXECUTIVE ORDERS

(1)  More than 750                                5

(2)  201-750                                           4

(3)  31-200                                             3

(4)  30 or less                                     2

[5.] 3. Recommending Less than Minimum Number

(a)  A Commission may recommend fewer  than
the minimum number of nominees required      by
Paragraphs [3]l(e) and [4]2(e) under    the
following conditions:

(1)  If multiple vacancies exist for
which recommendations must be made, a
Commission may submit a list containing the
required minimum number of nominees for one
vacancy plus two additional names for each
vacancy in excess of one; or

(2)  If it concludes that there are
less then the minimum required number of
persons willing to accept appointment who
are legally and fully professionally
qualified. However, a Commission shall
obtain the prior approval of the Governor
in order to recommend less than four names
under paragraph [3]1(e), or less than three
names under paragraph [4]2(e)(1) or (2), or
less than two names under paragraph
[4]2(e)(3) or (4).

(b)  If any person recommended for
appointment notifies the Governor that he is
unwilling to accept appointment, or if he is
disqualified, or is otherwise unavailable for
appointment, a Commission may, upon request of
the Governor, submit an additional nominee if
needed to increase the list to the prescribed
minimum number of names.

(c)  If the position to be filled is then
held by an incumbent judge who is eligible for
and desires reappointment, the Commission, with
the prior approval of the Governor, may submit a
list with less than the prescribed minimum number
of names.

[6.] 4. Commission Procedures

(a) Each Commission shall operate under