The Text

When a vacancy shall occur otherwise than by expiration of term, in the office of chief or elected associate judge of the court of appeals, the same shall be filled, for a full term, at the next general election held not less than three months after such vacancy occurs; and until the vacancy shall be so filled, the governor, by and with the advice and consent of the senate if the senate shall be in session, or if not in session, the governor may fill such vacancy by appointment. If any such appointment be made from among the justices of the supreme court, such appointment shall not be deemed to affect his existing office longer than until the expiration of his appointment as such associate judge, nor to create a vacancy. If any such appointment of chief judge shall be made from among the associate judges, a temporary appointment of associate judge shall be made in like manner; but, in such case, the appointment to the office of chief judge shall not be deemed to affect his office of associate judge longer than until the expiration of his appointment as chief judge, nor to create a vacancy. The powers and jurisdiction of the court shall not be suspended for want of appointment or election when the number of justices is sufficient to constitute a quorum. All appointments under this section shall continue until and including the last day of December next after the election at which the vacancy shall be filled.