Minnesota Legislature
HF 2111
as introduced - 87th Legislature (2011 - 2012) Posted on 02/08/2012 12:02pm
Current Version - as introduced
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A bill for an act
relating to judiciary; amending the residential eligibility requirements for judges
of the Court of Appeals; directing the chief judge of the Court of Appeals to
redesignate judges consistent with new eligibility requirements; amending
Minnesota Statutes 2010, section 480A.02, subdivisions 3, 5, 6.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2010, section 480A.02, subdivision 3, is amended to
read:
Subd. 3.
Eligibility.
new text begin
(a) Beginning July 1, 2012, vacancies occurring on the court
shall be filled by persons meeting the eligibility requirements under paragraph (b). This
act does not affect the ability of an incumbent judge serving on July 1, 2012, to complete a
term of office or to be reelected to the court, regardless of residence.
new text end
deleted text begin By January 1, 1984, one seatdeleted text end new text begin (b) On July 1, 2012, two seatsnew text end on the court shall be
designated for each congressional district. new text begin The congressional districts to be used must
be those enacted or ordered for use at the 2012 state general election and following each
subsequent redistricting. new text end Only persons who have resided in that congressional district
for at least one year shall be eligible for election or appointment to that seat. A judge
who is elected or appointed to a congressional district seat shall continue to be eligible
for that seat without regard to any subsequent change of residencenew text begin , unless redistricting
or reapportionment allows the judge to be designated as serving in the district of the
judge's new residence, as provided in subdivision 5new text end . All other seats shall be without
restriction as to residence.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2012.
new text end
Sec. 2.
Minnesota Statutes 2010, section 480A.02, subdivision 5, is amended to read:
Subd. 5.
Designation of judges.
deleted text begin After each reapportionmentdeleted text end new text begin By the first Monday in
January of 2013 and every ten years thereafternew text end , the chief judge shall designate deleted text begin a judgedeleted text end new text begin two
judgesnew text end for each of the new congressional districts. The chief judge shall first redesignate
the incumbent judges serving for the old congressional districts. If deleted text begin only onedeleted text end new text begin fewer than
threenew text end of them deleted text begin wasdeleted text end new text begin werenew text end , at the time of original election or appointment, resident at a place
within a new congressional district, deleted text begin that judgedeleted text end new text begin those judgesnew text end shall be designated as serving
for that district. If deleted text begin twodeleted text end new text begin threenew text end or more of them were residents at the time of initial election
or appointment in places which are within the same new congressional district, the deleted text begin judgedeleted text end new text begin
judgesnew text end whose district deleted text begin wasdeleted text end new text begin werenew text end in the opinion of the chief judge most substantially related
to the new district shall be designated as serving for the new district and deleted text begin the otherdeleted text end new text begin any
othersnew text end shall be designated as servingnew text begin in the new congressional district of their current
residence ornew text end at large. If there is then any new congressional district for which there deleted text begin is nodeleted text end new text begin
are fewer than twonew text end designated deleted text begin judgedeleted text end new text begin judgesnew text end , but there deleted text begin is andeleted text end new text begin arenew text end incumbent deleted text begin at-large judgedeleted text end new text begin
judgesnew text end who deleted text begin was residentdeleted text end new text begin residednew text end within that territory at the time of initial election or
appointmentnew text begin or who currently reside in that territorynew text end , deleted text begin that judgedeleted text end new text begin those judgesnew text end , or thenew text begin two
mostnew text end senior of them, if there deleted text begin isdeleted text end new text begin arenew text end more than deleted text begin onedeleted text end new text begin twonew text end , shall be assigned to the district
seatnew text begin to provide two judges for the districtnew text end . If there then remains any new congressional
district for which there deleted text begin is nodeleted text end new text begin are fewer than twonew text end designated deleted text begin judgedeleted text end new text begin judgesnew text end , there shall be
no deleted text begin judgedeleted text end new text begin additional judgesnew text end designated to serve from that district until the next at-large
vacancy arising by death, retirement, resignation, or removal, which shall be filled by
appointment of a person from that congressional district.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2012.
new text end
Sec. 3.
Minnesota Statutes 2010, section 480A.02, subdivision 6, is amended to read:
Subd. 6.
Effect of redesignation.
The redesignation of judges by reason of
reapportionmentnew text begin or redistrictingnew text end shall not affect the term of office of any individual judge.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2012.
new text end