WILLIAM DONALD SCHAEFER, Governor

the County                                     Vacancy

(a) More than 750                                  5

(b) 201-750                                              4

(c) 31-200                                                3

(d) 30 or less                                        2

D.  Recommending Less than Minimum Number

(1)  A Commission may recommend fewer than the minimum
number of nominees required by Section B.(5) and C.[(5)] (6)
under the following conditions:

(a)  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

(b)  If it concludes that there are less than 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 Section B.(5) or less than three names
under Section C.[(5)] (6)(a) OR (B), or less than two names
under Section C.[(5)] (6)(c) or (d).

(2)  If any person recommended for appointment is
unwilling to accept appointment, or 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.

(3)  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.

E.  Commission Procedures

(1)  Each Commission shall operate under procedures
specified in rules adopted by the Chief Judge of the Court
of Appeals consistent with this Executive Order.

(2)  Upon notification by the secretariat that a vacancy
exists or is about to occur in a judicial office for which a
Commission is to make nominations, the Commission shall seek
and review applications of proposed nominees for the
Judicial Office. Application shall be made on the form
prescribed by the Administrative Office of the Courts. The

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