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HF 1568

as introduced - 87th Legislature (2011 - 2012) Posted on 04/26/2011 09:52am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to judiciary; amending certain provisions regarding the Board on Judicial
Standards; creating a code of judicial conduct; amending Minnesota Statutes
2010, sections 490A.01; 490A.02; proposing coding for new law in Minnesota
Statutes, chapter 490A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2010, section 490A.01, is amended to read:


490A.01 BOARD ON JUDICIAL STANDARDS; ESTABLISHMENT.

Subdivision 1.

Establishment; composition.

The Board on Judicial Standards is
established. The board is a continuation of the board established by Laws 1971, chapter
909, sections 1 and 2, as amended.

Subd. 2.

Composition; appointment.

deleted text begin(a)deleted text end The board consists of deleted text beginone judge of the
Court of Appeals, three trial court judges, two lawyers who have practiced law in the state
for at least ten years, and four citizens who are not judges, retired judges, or lawyers
deleted text endnew text begin four
members of the house of representatives and four members of the senate
new text end.

deleted text begin (b) All members must be appointed by the governor with the advice and consent of
the senate. Senate confirmation is not required for judicial members.
deleted text end

deleted text begin Subd. 3. deleted text end

deleted text begin Term maximum; membership termination. deleted text end

deleted text begin No member may serve more
than two full four-year terms or their equivalent. Membership terminates if a member
ceases to hold the position that qualified the member for appointment.
deleted text end

deleted text begin Subd. 4. deleted text end

deleted text begin Member terms; compensation; removal. deleted text end

deleted text begin The membership terms,
compensation, removal of members, and filling of vacancies on the board are as provided
in section 15.0575.
deleted text end

Subd. 5.

Executive secretary appointment; salary.

(a) The board shall appoint
the executive secretary.

(b) The salary of the executive secretary of the board deleted text beginis 85 percent of the maximum
salary provided for an administrative law judge under section 15A.083, subdivision 6a
deleted text endnew text begin
shall be established by the board
new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2011.
new text end

Sec. 2.

Minnesota Statutes 2010, section 490A.02, is amended to read:


490A.02 JUDICIAL STANDARDS BOARD; POWERS.

Subdivision 1.

Judicial disqualification.

A judge is disqualified from acting as a
judge, without a loss of salary, while there is pending an indictment or any information
charging the judge with a crime that is punishable as a felony under either Minnesota law
or federal law, or while deleted text beginthere is pending a recommendation to the Supreme Court bydeleted text end the
Board on Judicial Standards deleted text beginfordeleted text endnew text begin is formally consideringnew text end the judge's removal or retirement.

Subd. 2.

Judicial suspension.

deleted text beginOn receipt of a recommendation ofdeleted text end The Board on
Judicial Standards deleted text beginor on its own motion, the Supreme Courtdeleted text end may suspend a judge from
office without salary when the judge pleads guilty to or no contest to or is found guilty of
a crime that is punishable as a felony under either Minnesota law or federal law or any
other crime deleted text beginthat involves moral turpitudedeleted text end. If the conviction is reversed, the suspension
terminates and the judge must be paid a salary for the period of suspension. If the judge is
suspended and the conviction becomes final, deleted text beginthe Supreme Courtdeleted text endnew text begin the Board on Judicial
Standards
new text end shall remove the judge from office.

Subd. 3.

Judicial disability.

deleted text beginOn receipt of a recommendation ofdeleted text end The Board on
Judicial Standardsdeleted text begin, the Supreme Courtdeleted text end may retire a judge for a disability that the court
determines seriously interferes with the performance of the judge's duties and is or is
likely to become permanent, deleted text beginanddeleted text end censure or remove a judge for an action or inaction that
may constitute persistent failure to perform the judge's duties, incompetence in performing
the judge's duties, habitual intemperance, or conduct prejudicial to the administration of
justice that brings the judicial office into disreputenew text begin; or bothnew text end.

Subd. 4.

Authority to reopen matters.

The board is specifically empowered to
reopen any matter wherein any information or evidence was previously precluded by a
statute of limitations or by a previously existing provision of time limitationnew text begin or for any
other reason
new text end.

Subd. 5.

Retirement status.

(a) A judge who is retired by the deleted text beginSupreme Courtdeleted text endnew text begin boardnew text end
must be considered to have retired voluntarily.

(b) This section and section 490A.01 must not affect the right of a judge who
is suspended, retired, or removed hereunder from qualifying for any pension or other
retirement benefits to which the judge would otherwise be entitled by law to receive.

Subd. 6.

Eligibility for judicial office; practice law.

A judge removed by the
deleted text begin Supreme Courtdeleted text endnew text begin boardnew text end is ineligible for any future service in a judicial office. The question
of the right of a removed judge to practice law in this state must be referred to the proper
authority for review.

Subd. 7.

deleted text beginSupreme Court Rulesdeleted text endnew text begin Codenew text end.

The deleted text beginSupreme Court shall make rules to
implement this section
deleted text endnew text begin board shall implement the code under sections 490A.05 to 490A.10new text end.

new text begin Subd. 8. new text end

new text begin Meetings. new text end

new text begin All meetings of the board shall be public.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2011.
new text end

Sec. 3.

new text begin [490A.04] CODE OF JUDICIAL CONDUCT.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For the purposes of sections 490A.05 to 490A.10, the
terms in this section have the meanings given them.
new text end

new text begin Subd. 2. new text end

new text begin Appropriate authority. new text end

new text begin "Appropriate authority" means the authority
having responsibility for initiation of disciplinary process in connection with the violation
to be reported.
new text end

new text begin Subd. 3. new text end

new text begin Contribution. new text end

new text begin "Contribution" means money, a negotiable instrument,
or a donation in kind that is given to a political committee, political fund, principal
campaign committee, or party unit as defined in section 10A.01. Contribution includes
a loan or advance of credit to a political committee, political fund, principal campaign
committee, or party unit, if the loan or advance of credit is: (1) forgiven; or (2) repaid by
an individual or association other than the political committee, political fund, principal
campaign committee, or party unit to which the loan or advance of credit was made. If
an advance of credit or a loan is forgiven or repaid as provided in this paragraph, it is a
contribution in the year in which the loan or advance of credit was made. Contribution
does not include services provided without compensation by an individual volunteering
personal time on behalf of a candidate, ballot question, political committee, political fund,
principal campaign committee, or party unit, or the publishing or broadcasting of news
items or editorial comments by the news media.
new text end

new text begin Subd. 4. new text end

new text begin De minimis. new text end

new text begin "De minimis," in the context of interests pertaining to
disqualification of a judge, means an insignificant interest that could not raise a reasonable
question regarding the judge's impartiality.
new text end

new text begin Subd. 5. new text end

new text begin Economic interest. new text end

new text begin "Economic interest" means ownership of more
than a de minimis legal or equitable interest. Except for situations in which the judge
participates in the management of such a legal or equitable interest, or the interest could be
substantially affected by the outcome of a proceeding before a judge, it does not include:
new text end

new text begin (1) an interest in the individual holdings within a mutual or common investment
fund;
new text end

new text begin (2) an interest in securities held by an educational, religious, charitable, fraternal, or
civic organization in which the judge or the judge's spouse, parent, child, a person with
whom the judge has an intimate relationship, or a member of the judge's household serves
as a director, an officer, an advisor, or other participant;
new text end

new text begin (3) a deposit in a financial institution, deposits or proprietary interests the judge
may maintain as a member of a mutual savings association or credit union, or similar
proprietary interests; or
new text end

new text begin (4) an interest in the issuer of government securities held by the judge.
new text end

new text begin Subd. 6. new text end

new text begin Fiduciary. new text end

new text begin "Fiduciary" includes relationships such as executor,
administrator, trustee, or guardian.
new text end

new text begin Subd. 7. new text end

new text begin Impartial, impartiality, and impartially. new text end

new text begin "Impartial," "impartiality," and
"impartially" mean absence of bias or prejudice in favor of, or against, particular parties
or classes of parties, as well as maintenance of an open mind in considering issues that
may come before a judge.
new text end

new text begin Subd. 8. new text end

new text begin Independence. new text end

new text begin "Independence" means a judge's freedom from influence or
controls other than those established by law.
new text end

new text begin Subd. 9. new text end

new text begin Integrity. new text end

new text begin "Integrity" means probity, fairness, honesty, uprightness, and
soundness of character.
new text end

new text begin Subd. 10. new text end

new text begin Intimate relationship. new text end

new text begin "Intimate relationship" means a continuing
relationship involving sexual relations as defined in Minnesota Rules of Professional
Conduct, Rule 1.8(j)(1).
new text end

new text begin Subd. 11. new text end

new text begin Judicial candidate. new text end

new text begin "Judicial candidate" means any person, including
a sitting judge, who is seeking selection for judicial office by election or appointment.
A person becomes a candidate for judicial office as soon as he or she makes a public
announcement of candidacy, declares or files as a candidate with the election or
appointment authority, authorizes or, where permitted, engages in solicitation or
acceptance of contributions or support, or is nominated for election or appointment
to office.
new text end

new text begin Subd. 12. new text end

new text begin Knowledge, known, and knows. new text end

new text begin "Knowledge," "known," and "knows"
mean actual knowledge of the fact in question. A person's knowledge may be inferred
from circumstances.
new text end

new text begin Subd. 13. new text end

new text begin Law. new text end

new text begin "Law" encompasses court rules as well as statutes, constitutional
provisions, and decisional law.
new text end

new text begin Subd. 14. new text end

new text begin Matter pending. new text end

new text begin "Matter pending" is a matter that has commenced. A
matter continues to be pending through any appellate process until final disposition.
new text end

new text begin Subd. 15. new text end

new text begin Member of the judge's family. new text end

new text begin "Member of the judge's family" means a
spouse, child, grandchild, parent, grandparent, or other relative or person with whom the
judge maintains a close familial relationship.
new text end

new text begin Subd. 16. new text end

new text begin Nonpublic information. new text end

new text begin "Nonpublic information" means information
that is not available to the public. Nonpublic information may include, but is not limited
to, information that is sealed by statute or court order or impounded or communicated
in camera, and information offered in grand jury proceedings, presentencing reports,
dependency cases, or psychiatric reports.
new text end

new text begin Subd. 17. new text end

new text begin Personally solicit. new text end

new text begin "Personally solicit" means a direct request made by a
judge or a judicial candidate for financial support or in-kind services, whether made by
letter, telephone, or any other means of communication.
new text end

new text begin Subd. 18. new text end

new text begin Public election. new text end

new text begin "Public election" includes primary and general elections.
new text end

new text begin Subd. 19. new text end

new text begin Third degree of relationship. new text end

new text begin "Third degree of relationship" includes
the following persons: great-grandparent, grandparent, parent, uncle, aunt, brother, sister,
child, grandchild, great-grandchild, nephew, and niece.
new text end

Sec. 4.

new text begin [490A.05] RULE 1 OF THE CODE OF JUDICIAL CONDUCT.
new text end

new text begin Subdivision 1. new text end

new text begin Canon. new text end

new text begin A judge shall uphold and promote the independence,
integrity, and impartiality of the judiciary, and shall avoid impropriety and the appearance
of impropriety.
new text end

new text begin Subd. 2. new text end

new text begin Compliance with law. new text end

new text begin A judge shall comply with the law, including the
Code of Judicial Conduct.
new text end

new text begin Subd. 3. new text end

new text begin Promoting confidence in judiciary. new text end

new text begin A judge shall act at all times in a
manner that promotes public confidence in the independence, integrity, and impartiality of
the judiciary, and shall avoid impropriety and the appearance of impropriety.
new text end

new text begin Subd. 4. new text end

new text begin Avoiding abuse of prestige of judicial office. new text end

new text begin A judge shall not abuse the
prestige of judicial office to advance the personal or economic interests of the judge or
others, or allow others to do so.
new text end

Sec. 5.

new text begin [490A.06] RULE 2 OF THE CODE OF JUDICIAL CONDUCT.
new text end

new text begin Subdivision 1. new text end

new text begin Canon. new text end

new text begin A judge shall perform the duties of judicial office impartially,
competently, and diligently.
new text end

new text begin Subd. 2. new text end

new text begin Giving precedence to duties of judicial office. new text end

new text begin The duties of judicial
office, as prescribed by law, shall take precedence over all of a judge's personal and
extrajudicial activities.
new text end

new text begin Subd. 3. new text end

new text begin Impartiality and fairness. new text end

new text begin A judge shall uphold and apply the law, and
shall perform all duties of judicial office fairly and impartially.
new text end

new text begin Subd. 4. new text end

new text begin Bias, prejudice, and harassment. new text end

new text begin (a) A judge shall perform the duties of
judicial office, including administrative duties, without bias or prejudice.
new text end

new text begin (b) A judge shall not, in the performance of judicial duties, by words or conduct
manifest bias or prejudice, or engage in harassment, including but not limited to bias,
prejudice, or harassment based upon race, sex, gender, religion, national origin, ethnicity,
disability, age, sexual orientation, marital status, socioeconomic status, or political
affiliation, and shall not permit court staff, court officials, or others subject to the judge's
direction and control to do so.
new text end

new text begin (c) A judge shall require lawyers in proceedings before the court to refrain from
manifesting bias or prejudice, or engaging in harassment, against parties, witnesses,
lawyers, or others based upon attributes including but not limited to race, sex, gender,
religion, national origin, ethnicity, disability, age, sexual orientation, marital status,
socioeconomic status, or political affiliation.
new text end

new text begin (d) The restrictions of paragraphs (b) and (c) do not preclude judges or lawyers
from making legitimate reference to the listed factors, or similar factors, when they are
relevant to an issue in a proceeding.
new text end

new text begin Subd. 5. new text end

new text begin External influences on judicial conduct. new text end

new text begin (a) A judge shall not be swayed
by public clamor or fear of criticism.
new text end

new text begin (b) A judge shall not permit family, social, political, financial, or other interests or
relationships to influence the judge's judicial conduct or judgment.
new text end

new text begin (c) A judge shall not convey or permit others to convey the impression that any
person or organization is in a position to influence the judge.
new text end

new text begin Subd. 6. new text end

new text begin Competence, diligence, and cooperation. new text end

new text begin (a) A judge shall perform
judicial and administrative duties competently and diligently.
new text end

new text begin (b) A judge shall cooperate with other judges and court officials in the administration
of court business.
new text end

new text begin Subd. 7. new text end

new text begin Ensuring right to be heard. new text end

new text begin (a) A judge shall accord to every person
who has a legal interest in a proceeding, or that person's lawyer, the right to be heard
according to law.
new text end

new text begin (b) A judge may encourage parties to a proceeding and the parties' lawyers to settle
matters in dispute but shall not act in a manner that coerces any party into settlement.
new text end

new text begin Subd. 8. new text end

new text begin Responsibility to decide. new text end

new text begin A judge shall hear and decide matters assigned
to the judge, except when disqualification is required by subdivision 12 or other law.
new text end

new text begin Subd. 9. new text end

new text begin Decorum, demeanor, and communication with jurors. new text end

new text begin (a) A judge shall
require order and decorum in proceedings before the court.
new text end

new text begin (b) A judge shall be patient, dignified, and courteous to litigants, jurors, witnesses,
lawyers, court staff, court officials, and others with whom the judge deals in an official
capacity, and shall require similar conduct of lawyers, court staff, court officials, and
others subject to the judge's direction and control.
new text end

new text begin (c) A judge shall not commend or criticize jurors for the jurors' verdict other than in
a court order or opinion in a proceeding.
new text end

new text begin Subd. 10. new text end

new text begin Ex parte communications. new text end

new text begin (a) A judge shall not initiate, permit, or
consider ex parte communications, or consider other communications made to the
judge outside the presence of the parties or the parties' lawyers, concerning a pending
or impending matter, except as follows:
new text end

new text begin (1) when circumstances require it, ex parte communication for scheduling,
administrative, or emergency purposes, that does not address substantive matters, is
permitted, provided:
new text end

new text begin (i) the judge reasonably believes that no party will gain a procedural, substantial, or
tactical advantage as a result of the ex parte communication; and
new text end

new text begin (ii) the judge makes provision promptly to notify all other parties of the substance of
the ex parte communication, and gives the parties an opportunity to respond;
new text end

new text begin (2) a judge may obtain the written advice of a disinterested expert on the law
applicable to a proceeding before the judge if the judge gives advance notice to the parties
of the person to be consulted and the subject matter of the advice to be solicited, and
affords the parties a reasonable opportunity to object and respond to the notice and to
the advice received;
new text end

new text begin (3) a judge may consult with court staff and court officials whose functions are to aid
the judge in carrying out the judge's adjudicative responsibilities, or with other judges,
provided the judge makes reasonable efforts to avoid receiving factual information that
is not part of the record, and does not abrogate the responsibility personally to decide
the matter;
new text end

new text begin (4) a judge may, with the consent of the parties, confer separately with the parties
and their lawyers in an effort to settle matters pending before the judge; and
new text end

new text begin (5) a judge may initiate, permit, or consider any ex parte communication when
expressly authorized by law to do so.
new text end

new text begin (b) If a judge inadvertently receives an unauthorized ex parte communication
bearing upon the substance of a matter, the communication should be noted as received
and returned to the sender without review by the judge. If a judge inadvertently reviews
an unauthorized ex parte communication bearing upon the substance of a matter, the judge
shall make provision to notify the parties promptly of the substance of the communication
and provide the parties with an opportunity to respond.
new text end

new text begin (c) A judge shall not investigate facts in a matter independently, and shall consider
only the evidence presented and any facts that may properly be judicially noticed.
new text end

new text begin (d) A judge shall make reasonable efforts, including providing appropriate
supervision, to ensure that this subdivision is not violated by court staff, court officials,
and others subject to the judge's direction and control.
new text end

new text begin Subd. 11. new text end

new text begin Judicial statements on pending cases. new text end

new text begin (a) A judge shall not make any
public statement that might reasonably be expected to affect the outcome or impair the
fairness of a matter pending in any Minnesota court, or make any nonpublic statement that
might substantially interfere with a fair trial or hearing then pending in a Minnesota court.
new text end

new text begin (b) A judge shall require court staff, court officials, and others subject to the judge's
direction and control to refrain from making statements that the judge would be prohibited
from making under paragraph (a).
new text end

new text begin (c) Notwithstanding the restrictions in paragraph (a), a judge may make public
statements in the course of official duties, may explain court procedures, and may
comment on any proceeding in which the judge is a litigant in a personal capacity.
new text end

new text begin (d) Subject to the requirements of paragraph (a), a judge may respond directly or
through a third party to allegations in the media or elsewhere concerning the judge's
conduct in a matter.
new text end

new text begin Subd. 12. new text end

new text begin Disqualification. new text end

new text begin (a) A judge shall disqualify the judge's self in any
proceeding in which the judge's impartiality might reasonably be questioned, including
but not limited to the following circumstances:
new text end

new text begin (1) the judge has a personal bias or prejudice concerning a party or a party's lawyer,
or personal knowledge of facts that are in dispute in the proceeding;
new text end

new text begin (2) the judge knows that the judge, the judge's spouse, a person with whom the
judge has an intimate relationship, a member of the judge's household, or a person within
the third degree of relationship to any of them, or the spouse or person in an intimate
relationship with such a person is:
new text end

new text begin (i) a party to the proceeding, or an officer, director, general partner, managing
member, or trustee of a party;
new text end

new text begin (ii) acting as a lawyer in the proceeding;
new text end

new text begin (iii) a person who has more than a de minimis interest that could be substantially
affected by the proceeding; or
new text end

new text begin (iv) likely to be a material witness in the proceeding;
new text end

new text begin (3) the judge knows that the judge, individually or as a fiduciary, or the judge's
spouse, parent, child, or any other member of the judge's family residing in the judge's
household, a person with whom the judge has an intimate relationship, or any other
member of the judge's household, has an economic interest in the subject matter in
controversy or in a party to the proceeding;
new text end

new text begin (4) the judge, while a judge or a judicial candidate, has made a public statement,
other than in a court proceeding, judicial decision, or opinion, that commits or appears to
commit the judge to reach a particular result or rule in a particular way in the proceeding
or controversy; and
new text end

new text begin (5) the judge:
new text end

new text begin (i) served as a lawyer in the matter in controversy, or was associated with a lawyer
who participated substantially as a lawyer in the matter during the association;
new text end

new text begin (ii) served in governmental employment, and in that capacity participated personally
and substantially as a lawyer or public official concerning the proceeding, or has publicly
expressed in that capacity an opinion concerning the merits of the particular matter
in controversy;
new text end

new text begin (iii) was a material witness concerning the matter; or
new text end

new text begin (iv) previously presided as a judge over the matter in another court.
new text end

new text begin (b) A judge shall keep informed about the judge's personal and fiduciary economic
interests, and make a reasonable effort to keep informed about the personal economic
interests of the judge's spouse, a person with whom the judge has an intimate relationship,
and any member of the judge's household.
new text end

new text begin (c) A judge subject to disqualification under this subdivision, other than for bias or
prejudice under paragraph (a), clause (1), may disclose on the record the basis of the
judge's disqualification and may ask the parties and their lawyers to consider, outside the
presence of the judge and court personnel, whether to waive disqualification. If, following
the disclosure, the parties and lawyers agree, without participation by the judge or court
personnel, that the judge should not be disqualified, the judge may participate in the
proceeding. The agreement shall be incorporated into the record of the proceeding.
new text end

new text begin Subd. 13. new text end

new text begin Supervisory duties. new text end

new text begin (a) A judge shall require court staff, court officials,
and others subject to the judge's direction and control to act in a manner consistent with
the judge's obligations under sections 490A.05 to 490A.10.
new text end

new text begin (b) A judge with supervisory authority for the performance of other judges shall
take reasonable measures to ensure that those judges properly discharge their judicial
responsibilities, including the prompt disposition of matters before them.
new text end

new text begin Subd. 14. new text end

new text begin Administrative appointments. new text end

new text begin (a) In making administrative
appointments, a judge:
new text end

new text begin (1) shall exercise the power of appointment impartially and on the basis of merit; and
new text end

new text begin (2) shall avoid nepotism, favoritism, and unnecessary appointments.
new text end

new text begin (b) A judge shall not approve compensation of appointees beyond the fair value of
services rendered.
new text end

new text begin Subd. 15. new text end

new text begin Disability and impairment. new text end

new text begin A judge having a reasonable belief that the
performance of a lawyer or another judge is impaired by drugs or alcohol, or by a mental,
emotional, or physical condition, shall take appropriate action, which may include a
confidential referral to a lawyer or judicial assistance program.
new text end

new text begin Subd. 16. new text end

new text begin Responding to judicial and lawyer misconduct. new text end

new text begin (a) A judge having
knowledge that another judge has committed a violation of sections 490A.05 to 490A.10
that raises a substantial question regarding the judge's honesty, trustworthiness, or fitness
as a judge in other respects shall inform the appropriate authority.
new text end

new text begin (b) A judge having knowledge that a lawyer has committed a violation of the
Minnesota Rules of Professional Conduct that raises a substantial question regarding the
lawyer's honesty, trustworthiness, or fitness as a lawyer in other respects shall inform
the appropriate authority.
new text end

new text begin (c) A judge who receives credible information indicating a substantial likelihood
that another judge has committed a violation of sections 490A.05 to 490A.10 shall take
appropriate action.
new text end

new text begin (d) A judge who receives credible information indicating a substantial likelihood
that a lawyer has committed a violation of the Minnesota Rules of Professional Conduct
shall take appropriate action.
new text end

new text begin Subd. 17. new text end

new text begin Cooperation with disciplinary authorities. new text end

new text begin (a) A judge shall cooperate
and be candid and honest with judicial and lawyer disciplinary agencies.
new text end

new text begin (b) A judge shall not retaliate, directly or indirectly, against a person known or
suspected to have assisted or cooperated with an investigation of a judge or a lawyer.
new text end

Sec. 6.

new text begin [490A.07] RULE 3 OF THE CODE OF JUDICIAL CONDUCT.
new text end

new text begin Subdivision 1. new text end

new text begin Canon. new text end

new text begin A judge shall conduct the judge's personal and extrajudicial
activities to minimize the risk of conflict with the obligations of judicial office.
new text end

new text begin Subd. 2. new text end

new text begin Extrajudicial activities in general. new text end

new text begin A judge may engage in extrajudicial
activities, except as prohibited by sections 490A.05 to 490A.10 or other law. However,
when engaging in extrajudicial activities, a judge shall not:
new text end

new text begin (1) participate in activities that will interfere with the proper performance of the
judge's judicial duties;
new text end

new text begin (2) participate in activities that will lead to frequent disqualification of the judge;
new text end

new text begin (3) participate in activities that would appear to a reasonable person to undermine
the judge's independence, integrity, or impartiality.
new text end

new text begin (4) engage in conduct that would appear to a reasonable person to be coercive; or
new text end

new text begin (5) make use of court premises, staff, stationery, equipment, or other resources,
except for incidental use for activities that concern the law, the legal system, or the
administration of justice, unless additional use is permitted by law or judicial branch
policy.
new text end

new text begin Subd. 3. new text end

new text begin Appearances before governmental bodies; consultation with
government officials.
new text end

new text begin A judge shall not appear voluntarily at a public hearing before, or
otherwise consult with, an executive or a legislative body or official, except:
new text end

new text begin (1) in connection with matters concerning the law, the legal system, or the
administration of justice;
new text end

new text begin (2) in connection with matters about which the judge acquired knowledge or
expertise in the course of the judge's judicial duties; or
new text end

new text begin (3) when the judge is acting pro se in a matter involving the judge's legal or
economic interests, or when the judge is acting in a fiduciary capacity.
new text end

new text begin Subd. 4. new text end

new text begin Testifying as character witness. new text end

new text begin A judge shall not testify as a character
witness in a judicial, administrative, or other adjudicatory proceeding or otherwise vouch
for the character of a person in a legal proceeding, except when duly summoned.
new text end

new text begin Subd. 5. new text end

new text begin Appointments to governmental positions. new text end

new text begin A judge shall not accept
appointment to a governmental committee, board, commission, or other governmental
position, unless it is one that concerns the law, the legal system, or the administration
of justice.
new text end

new text begin Subd. 6. new text end

new text begin Use of nonpublic information. new text end

new text begin A judge shall not intentionally disclose
or use nonpublic information acquired in a judicial capacity for any purpose unrelated to
the judge's judicial duties.
new text end

new text begin Subd. 7. new text end

new text begin Affiliation with discriminatory organizations. new text end

new text begin (a) A judge shall not
knowingly hold membership in any organization that practices unlawful discrimination.
new text end

new text begin (b) A judge shall not use the benefits or facilities of an organization if the judge
knows or should know that the organization practices unlawful discrimination. A judge's
attendance at an event in a facility of an organization that the judge is not permitted to join
is not a violation of this section when the judge's attendance is an isolated event that could
not reasonably be perceived as an endorsement of the organization's practices.
new text end

new text begin Subd. 8. new text end

new text begin Participation in educational, religious, charitable, fraternal, or
civic organizations and activities.
new text end

new text begin (a) Subject to the requirements of subdivision
2, a judge may participate in activities sponsored by organizations or governmental
entities concerned with the law, the legal system, or the administration of justice, and
those sponsored by or on behalf of educational, religious, charitable, fraternal, or civic
organizations not conducted for profit, including but not limited to the following activities:
new text end

new text begin (1) assisting the organization or entity in planning related to fund-raising, and
participating in the management and investment of the organization's or entity's funds;
new text end

new text begin (2) soliciting funds and services for the organization or entity, but only from members
of the judge's family, from a person with whom the judge has an intimate relationship, or
from judges over whom the judge does not exercise supervisory or appellate authority.
new text end

new text begin (3) soliciting membership for the organization or entity, if there are no dues or fees
required for membership;
new text end

new text begin (4) appearing or speaking at, receiving an award or other recognition at, being
featured on the program of, and permitting the judge's title to be used in connection with
an event of the organization or entity, unless the event serves a fund-raising purpose;
new text end

new text begin (5) making recommendations to the organization or entity of which the judge is a
member or director concerning its fund-granting programs and activities; and
new text end

new text begin (6) serving as an officer, director, trustee, or nonlegal advisor of the organization
or entity, unless it is likely that the organization or entity:
new text end

new text begin (i) will be engaged in proceedings that would ordinarily come before the judge; or
new text end

new text begin (ii) will frequently be engaged in adversary proceedings in the court of which
the judge is a member, or in any court subject to the appellate jurisdiction of the court
of which the judge is a member.
new text end

new text begin (b) A judge may encourage lawyers to provide pro bono publico legal services.
new text end

new text begin Subd. 9. new text end

new text begin Appointments to fiduciary positions. new text end

new text begin (a) A judge shall not accept
appointment to serve in a fiduciary position, such as executor, administrator, trustee,
guardian, attorney in fact, or other personal representative, except for the estate, trust, or
person of a member of the judge's family, a person with whom the judge has an intimate
relationship, or a member of the judge's household, and then only if the service will not
interfere with the proper performance of judicial duties.
new text end

new text begin (b) A judge shall not serve in a fiduciary position if the judge as fiduciary will likely
be engaged in proceedings that would ordinarily come before the judge, or if the estate,
trust, or ward becomes involved in adversary proceedings in the court on which the judge
serves, or one under its appellate jurisdiction.
new text end

new text begin (c) A judge acting in a fiduciary capacity shall be subject to the same restrictions on
engaging in financial activities that apply to a judge personally.
new text end

new text begin (d) If a person who is serving in a fiduciary position becomes a judge, the person
must comply with this rule as soon as reasonably practicable, but in no event later than
one year after becoming a judge.
new text end

new text begin Subd. 10. new text end

new text begin Service as arbitrator or mediator. new text end

new text begin A judge shall not act as an arbitrator
or a mediator or otherwise perform judicial functions in a private capacity unless expressly
authorized by law. A retired judge may act as mediator or arbitrator if:
new text end

new text begin (1) the judge does not act as an arbitrator or mediator during the period of any
judicial assignment;
new text end

new text begin (2) the judge is disqualified from mediation and arbitration in matters in which the
judge served as judge, and is disqualified as judge from matters in which the judge acted
as mediator or arbitrator, unless all parties to the proceeding consent after consultation
with the parties' attorneys; and
new text end

new text begin (3) acting as arbitrator or mediator does not reflect adversely on the judge's
impartiality.
new text end

new text begin Subd. 11. new text end

new text begin Practice of law. new text end

new text begin A judge shall not practice law. A judge may act pro se
and may, without compensation, give legal advice to and draft or review documents for a
member of the judge's family, a person with whom the judge has an intimate relationship,
or a member of the judge's household, but is prohibited from serving as the lawyer for
any of these persons in any forum.
new text end

new text begin Subd. 12. new text end

new text begin Financial, business, or remunerative activities. new text end

new text begin (a) A judge may hold
and manage investments of the judge and members of the judge's family and of persons
with whom the judge has an intimate relationship or who are members of the judge's
household.
new text end

new text begin (b) A judge shall not serve as an officer, director, manager, general partner, advisor,
or employee of any business entity except that a judge may manage or participate in:
new text end

new text begin (1) a business closely held by the judge or members of the judge's family or by
a person with whom the judge has an intimate relationship or who is a member of the
judge's household; or
new text end

new text begin (2) a business entity primarily engaged in investment of the financial resources of
the judge, members of the judge's family, or a person with whom the judge has an intimate
relationship or who is a member of the judge's household.
new text end

new text begin (c) A judge shall not engage in financial activities permitted under paragraphs (a)
and (b) if they will:
new text end

new text begin (1) interfere with the proper performance of judicial duties;
new text end

new text begin (2) lead to frequent disqualification of the judge;
new text end

new text begin (3) involve the judge in frequent transactions or continuing business relationships
with lawyers or other persons likely to come before the court on which the judge serves; or
new text end

new text begin (4) result in violation of sections 490A.05 to 490A.10.
new text end

new text begin Subd. 13. new text end

new text begin Compensation for extrajudicial activities. new text end

new text begin A judge may accept
reasonable compensation for extrajudicial activities permitted by sections 490A.05 to
490A.10 or other law unless the acceptance would appear to a reasonable person to
undermine the judge's independence, integrity, or impartiality.
new text end

new text begin Subd. 14. new text end

new text begin Acceptance and reporting of gifts, loans, bequests, benefits, or other
things of value.
new text end

new text begin (a) A judge shall not accept any gifts, loans, bequests, benefits, or other
things of value from lawyers, law firms, or employees or agents of lawyers or law firms.
In addition, these may not be accepted from any person or entity who has recently or may
be expected to come before the judge's court if it would appear to a reasonable person to
undermine the judge's independence, integrity, or impartiality.
new text end

new text begin (b) Unless otherwise prohibited by law, or by paragraph (a), a judge may accept the
following without publicly reporting the acceptance:
new text end

new text begin (1) items with little intrinsic value, such as plaques, certificates, trophies, and
greeting cards;
new text end

new text begin (2) gifts, loans, bequests, benefits, or other things of value from friends, relatives, or
other persons, including lawyers, whose appearance or interest in a proceeding pending or
impending before the judge would in any event require disqualification of the judge under
section 490A.06, subdivision 12;
new text end

new text begin (3) ordinary social hospitality;
new text end

new text begin (4) commercial or financial opportunities and benefits, including special pricing and
discounts, and loans from lending institutions in the regular course of business, if the same
opportunities and benefits or loans are made available on the same terms to similarly
situated persons who are not judges;
new text end

new text begin (5) rewards and prizes given to competitors or participants in random drawings,
contests, or other events that are open to persons who are not judges;
new text end

new text begin (6) scholarships, fellowships, and similar benefits or awards, if they are available to
similarly situated persons who are not judges, based upon the same terms and criteria;
new text end

new text begin (7) books, magazines, journals, audiovisual materials and other resource materials
supplied by publishers on a complimentary basis for official use;
new text end

new text begin (8) gifts, awards, or benefits associated with the business, profession or other
separate activity of a spouse, a person with whom the judge has an intimate relationship,
or a member of the judge's household, but that incidentally benefit the judge;
new text end

new text begin (9) gifts incident to a public testimonial;
new text end

new text begin (10) an invitation to the judge and the judge's spouse, a person in an intimate
relationship with the judge, a member of the judge's household, or a guest to attend
without charge:
new text end

new text begin (i) an event associated with a bar-related function or other activity relating to the
law, the legal system, or the administration of justice; or
new text end

new text begin (ii) an event associated with any of the judge's educational, religious, charitable,
fraternal, or civic activities permitted under subdivision 7, if the same invitation is offered
to nonjudges who are engaged in similar ways in the activity as is the judge; or
new text end

new text begin (11) any other gift, loan, bequest, benefit, or other thing of value with a value
not exceeding $5 per year, if the source is not a party or other person who, directly or
indirectly, has come or is likely to come before the judge, or whose interests have come or
are likely to come before the judge.
new text end

new text begin Subd. 15. new text end

new text begin Reimbursement of expenses and waivers of fees or charges. new text end

new text begin (a) Unless
otherwise prohibited by subdivisions 2 and 14, paragraph (a), or other law, a judge may
accept reimbursement of necessary and reasonable expenses for travel, food, lodging, or
other incidental expenses, or a waiver or partial waiver of fees or charges for registration,
tuition, and similar items, from sources other than the judge's employing entity, if the
expenses or charges are associated with the judge's participation in extrajudicial activities
permitted by this section.
new text end

new text begin (b) Reimbursement of expenses for necessary travel, food, lodging, or other
incidental expenses shall be limited to the actual costs reasonably incurred by the judge
and, when appropriate to the occasion, by the judge's spouse, person with whom the
judge has an intimate relationship, or guest.
new text end

new text begin Subd. 16. new text end

new text begin Use of state property. new text end

new text begin A judge shall not use state time, supplies, or
state-owned or leased property for the judge's private interests or for any other use not
in the interest of the state. The Board on Judicial Standards may establish guidelines on
the use of judicial facilities for weddings, which would include a rental fee to be paid to
the state treasurer.
new text end

new text begin Subd. 17. new text end

new text begin Reporting requirements. new text end

new text begin (a) A judge shall publicly report the source
and amount of value of compensation received for extrajudicial activities as permitted
by subdivision 13.
new text end

new text begin (b) When public reporting is required by paragraph (a), a judge shall report the date,
place, and nature of the activity for which the judge received any compensation; and the
description of any gift, loan, bequest, benefit, or other thing of value accepted.
new text end

new text begin (c) The public report required by paragraph (a) shall be made annually.
new text end

new text begin (d) Reports made in compliance with this subdivision shall be filed annually on or
before the first day of May as public documents in the office of the Board on Judicial
Standards.
new text end

new text begin (e) Income from investments, including real or personal property, pension plans,
deferred compensation plans, and other lawful sources where the judge does not render
current or future service in exchange for the income is not extrajudicial compensation to
the judge.
new text end

Sec. 7.

new text begin [490A.08] RULE 4 OF THE CODE OF JUDICIAL CONDUCT.
new text end

new text begin Subdivision 1. new text end

new text begin Canon. new text end

new text begin A judge or candidate for judicial office shall not engage
in political or campaign activity that is inconsistent with the independence, integrity,
or impartiality of the judiciary.
new text end

new text begin Subd. 2. new text end

new text begin Political and campaign activities of judges and judicial candidates in
general.
new text end

new text begin (a) Except as permitted by subdivisions 3, 4, and 5, or other law, a judge or a
judicial candidate shall not:
new text end

new text begin (1) use or permit the use of campaign contributions for the private benefit of the
judge, the candidate, or others;
new text end

new text begin (2) use court staff, facilities, or other court resources in a campaign for public
office; or
new text end

new text begin (3) make any statement that would reasonably be expected to affect the outcome or
impair the fairness of a matter pending in a Minnesota court.
new text end

new text begin (b) A judge or judicial candidate shall take reasonable measures to ensure that other
persons do not undertake, on behalf of the judge or judicial candidate, any activities
prohibited under paragraph (a), except as permitted by subdivision 5.
new text end

new text begin Subd. 3. new text end

new text begin Political and campaign activities of judicial candidates in public
elections.
new text end

new text begin (a) A judicial candidate in a public election shall:
new text end

new text begin (1) act at all times in a manner consistent with the independence, integrity, and
impartiality of the judiciary;
new text end

new text begin (2) comply with all applicable election, election campaign, and election campaign
fund-raising laws and rules of the state;
new text end

new text begin (3) review and approve the content of all campaign statements and materials
produced by the candidate or the candidate's campaign committee, as authorized by
subdivision 5, before the dissemination of the statements and materials; and
new text end

new text begin (4) take reasonable measures to ensure that other persons do not undertake on behalf
of the candidate activities, other than those described in subdivision 5, that the candidate is
prohibited from doing by subdivision 2.
new text end

new text begin (b) A candidate for elective judicial office may:
new text end

new text begin (1) establish a campaign committee pursuant to subdivision 5;
new text end

new text begin (2) speak on behalf of the candidacy through any medium, including but not limited
to advertisements, Web sites, or other campaign literature; and
new text end

new text begin (3)(i) solicit campaign contributions, but not from any attorneys, or others who are
likely to come before the candidate's court;
new text end

new text begin (ii) sign letters, for distribution by the candidate's campaign committee, soliciting
campaign contributions, if the letters direct contributions to be sent to the address of the
candidate's campaign committee and not that of the candidate; and
new text end

new text begin (iii) personally solicit campaign contributions from judges over whom the judge
does not exercise supervisory or appellate authority.
new text end

new text begin Subd. 4. new text end

new text begin Activities of candidates for appointive judicial office. new text end

new text begin A candidate for
appointment to judicial office may:
new text end

new text begin (1) communicate with the appointing or confirming authority, including any
selection, screening, or nominating commission or similar agency; and
new text end

new text begin (2) seek support for the appointment from organizations and from individuals to the
extent requested, required, or permitted by the appointing authority or the nominating
commission.
new text end

new text begin Subd. 5. new text end

new text begin Campaign committees. new text end

new text begin (a) A judicial candidate subject to public election
may establish a campaign committee to manage and conduct a campaign for the candidate,
subject to sections 490A.05 to 490A.10. The candidate is responsible for ensuring that
the campaign committee complies with applicable provisions of sections 490A.05 to
490A.10 and other applicable law.
new text end

new text begin (b) A judicial candidate subject to public election shall direct the campaign
committee to comply with all applicable statutory requirements for disclosure and
divestiture of campaign contributions.
new text end

new text begin Subd. 6. new text end

new text begin Activities of judges who become candidates for nonjudicial office. new text end

new text begin (a)
Upon becoming a candidate for a nonjudicial elective office, a judge shall resign from
judicial office, unless permitted by other law to continue to hold judicial office.
new text end

new text begin (b) Upon becoming a candidate for nonjudicial appointive office, a judge is not
required to resign from judicial office provided the judge complies with sections 490A.05
to 490A.10.
new text end

Sec. 8.

new text begin [490A.09] APPLICABILITY OF CODE OF JUDICIAL CONDUCT.
new text end

new text begin Subdivision 1. new text end

new text begin Generally. new text end

new text begin (a) The provisions of the code apply to all full-time
judges. Subdivisions 2 to 4 identify those provisions that apply to four distinct categories
of part-time judges. The four categories of judicial service in other than a full-time
capacity are necessarily defined in general terms because of the widely varying forms of
judicial service. Section 490A.08 applies to judicial candidates.
new text end

new text begin (b) A judge, within the meaning of sections 490A.05 to 490A.10, is anyone who
is employed by the judicial branch of state government to perform judicial functions,
including an officer such as a magistrate under section 484.702, court commissioner under
section 489.01, referee, or judicial officer under section 487.08.
new text end

new text begin (c) These rules shall also apply to judges of the Tax Court under section 271.01,
subdivision 1, the Workers' Compensation Court of Appeals under section 175A.01,
subdivision 4, and the Office of Administrative Hearings under section 14.48, subdivisions
2 and 3, paragraph (d).
new text end

new text begin Subd. 2. new text end

new text begin Retired and part-time judges. new text end

new text begin (a) A retired judge subject to recall for
service, who by law is not permitted to practice law, is not required to comply:
new text end

new text begin (1) with section 490A.07, subdivision 10, service as arbitrator or mediator, except
while serving as a judge; or
new text end

new text begin (2) at any time with section 490A.07, subdivision 9, appointments to fiduciary
positions.
new text end

new text begin (b) A judge who serves repeatedly on a part-time basis under a continuing
appointment:
new text end

new text begin (1) is not required to comply:
new text end

new text begin (i) with section 490A.06, subdivision 11, paragraphs (a) and (b), judicial statements
on pending cases, except while serving as a judge; or
new text end

new text begin (ii) at any time with sections 490A.07, subdivisions 5, appointments to governmental
positions; 9, appointments to fiduciary positions; 10, service as arbitrator or mediator; 11,
practice of law; 12, financial, business, or remunerative activities; 15, reimbursement
of expenses and waivers of fees or charges; 17, reporting requirements; 490A.08,
subdivisions 2, political and campaign activities of judges and judicial candidates in
general; 3, political and campaign activities of judicial candidates in public elections; 4,
activities of candidates for appointive judicial office; 5, campaign committees; and 6,
activities of judges who become candidates for nonjudicial office; and
new text end

new text begin (2) shall not practice law in the district court of the county in which the judge serves,
or, if the court is divided into divisions, in the division of the court on which the judge
serves, or in any court subject to the appellate jurisdiction of the court on which the judge
serves, and shall not act as a lawyer in a proceeding in which the judge has served as a
judge or in any other proceeding related thereto.
new text end

new text begin Subd. 3. new text end

new text begin Periodic part-time judge. new text end

new text begin A periodic part-time judge who serves or
expects to serve repeatedly on a part-time basis, but under a separate appointment for each
limited period of service or for each matter:
new text end

new text begin (1) is not required to comply:
new text end

new text begin (i) with section 490A.06, subdivision 11, judicial statements on pending and
impending cases, except while serving as a judge; or
new text end

new text begin (ii) at any time with sections 490A.07, subdivisions 5, appointments to governmental
positions; 8, participation in educational, religious, charitable, fraternal, or civic
organizations and activities; 9, appointments to fiduciary positions; 10, service as arbitrator
or mediator; 11, practice of law; 12, financial, business, or remunerative activities; 14,
acceptance and reporting of gifts, loans, bequests, benefits, or other things of value; and
17, reporting requirements; and 490A.08, subdivisions 2, political and campaign activities
of judges and judicial candidates in general; and 6, activities of judges who become
candidates for nonjudicial office; and
new text end

new text begin (2) shall not practice law in the district court of the county in which the judge serves,
or, if the court is divided into divisions, in the division of the court on which the judge
serves, or in any court subject to the appellate jurisdiction of the court on which the judge
serves, and shall not act as a lawyer in a proceeding in which the judge has served as a
judge or in any other proceeding related thereto.
new text end

new text begin Subd. 4. new text end

new text begin Pro tempore part-time judge. new text end

new text begin A pro tempore part-time judge who
serves or expects to serve once or only sporadically on a part-time basis under a separate
appointment for each period of service or for each case heard is not required to comply:
new text end

new text begin (1) except while serving as a judge, with sections 490A.05, subdivision 3, promoting
confidence in judiciary; 490A.06, subdivisions 5, external influences on judicial conduct;
and 11, judicial statements on pending cases; and 490A.07, subdivision 3, appearances
before governmental bodies and consultation with government officials; or
new text end

new text begin (2) at any time with sections 490A.07, subdivisions 5, appointments to governmental
positions; 7, affiliation with discriminatory organizations; 8, participation in educational,
religious, charitable, fraternal, or civic organizations and activities; 9, appointments
to fiduciary positions; 10, service as arbitrator or mediator; 11, practice of law; 12,
financial, business, or remunerative activities; 14, acceptance and reporting of gifts, loans,
bequests, benefits, or other things of value; and 17, reporting requirements; and 490A.08,
subdivisions 2, political and campaign activities of judges and judicial candidates in
general; and 6, activities of judges who become candidates for nonjudicial office.
new text end

Sec. 9.

new text begin [490A.10] TIME FOR COMPLIANCE.
new text end

new text begin A person to whom sections 490A.05 to 490A.09 become applicable shall comply
immediately with these sections, except that those judges to whom section 490A.07,
subdivisions 9, appointments to fiduciary positions; and 12, financial, business, or
remunerative activities, apply shall comply with these subdivisions as soon as reasonably
possible, but in no event later than one year after sections 490A.05 to 490A.09 become
applicable to the judge.
new text end