HF 314

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to courts; authorizing retired court
commissioners to be appointed to perform judicial
duties in the district court; amending Minnesota
Statutes 2004, sections 2.724, subdivision 3; 489.01,
by adding a subdivision.

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

Section 1.

Minnesota Statutes 2004, section 2.724,
subdivision 3, is amended to read:

Subd. 3.

Retired justices deleted text begin and deleted text end new text begin , new text end judges new text begin , and
commissioners new text end .

(a) The chief justice of the Supreme Court may
assign a retired justice of the Supreme Court to act as a
justice of the Supreme Court pursuant to subdivision 2 or as a
judge of any other court. The chief justice may assign a
retired judge of any court to act as a judge of any court except
the Supreme Court. new text begin The chief justice may assign a retired court
commissioner to act as a commissioner of any district court.
new text end The chief justice of the Supreme Court shall determine the pay
and expenses to be received by a judge new text begin or commissioner new text end acting
pursuant to this paragraph.

(b) A judge who has been elected to office and who has
retired as a judge in good standing and is not practicing law
may also be appointed to serve as judge of any court except the
Supreme Court. A retired judge acting under this paragraph will
receive pay and expenses in the amount established by the
Supreme Court.

new text begin (c) A commissioner who has retired as a commissioner in
good standing and is not practicing law may also be appointed to
serve as commissioner of any court except the Supreme Court or
Court of Appeals. A retired commissioner acting under this
paragraph will receive pay and expenses in the amount
established by the Supreme Court.
new text end

Sec. 2.

Minnesota Statutes 2004, section 489.01, is
amended by adding a subdivision to read:

new text begin Subd. 4. new text end

new text begin Court commissioner retirement. new text end

new text begin Upon retirement
of a court commissioner, the retired commissioner may be
appointed pursuant to section 2.724 and assigned to aid and
assist in the performance of such duties as may be assigned by
the chief judge of the district and act thereon with full powers
of a commissioner as provided in section 489.02.
new text end