Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

HF 2687

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 03/20/2014 05:09pm

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

Bill Text Versions

Engrossments
Introduction Posted on 03/03/2014
1st Engrossment Posted on 03/20/2014

Current Version - 1st Engrossment

Line numbers 1.1 1.2 1.3 1.4 1.5
1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10

A bill for an act
relating to judiciary; authorizing monthly review of district judge dispositions for
compliance with 90-day disposition requirement; amending Minnesota Statutes
2012, section 546.27, subdivision 2.

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

Section 1.

Minnesota Statutes 2012, section 546.27, subdivision 2, is amended to read:


Subd. 2.

Board deleted text begin ofdeleted text end new text begin onnew text end Judicial Standards review.

deleted text begin At least annually,deleted text end new text begin The chief judges
of the judicial districts and
new text end the Board on Judicial Standards shall review the compliance
of deleted text begin eachdeleted text end district deleted text begin judgedeleted text end new text begin judgesnew text end with the provisions of subdivision 1new text begin as provided in this
subdivision
new text end . To facilitate this review, the director of the state judicial information system
shall deleted text begin notify the executive secretary of the state Board on Judicial Standards when a matter
exceeds
deleted text end new text begin provide monthly reports to the chief judges identifying matters that have exceeded
new text end 90 days without a disposition. deleted text begin The board shall notify the commissioner of management
and budget of each judge not in compliance. If the board finds that a judge has compelling
reasons for noncompliance, it may decide not to issue the notice.
deleted text end Upon deleted text begin notification thatdeleted text end new text begin the
first 90-day infraction, the director shall notify the chief judge of the judge's district that
new text end a
judge is not in compliancedeleted text begin , the commissioner of management and budget shall not pay the
salary of that judge. The board may cancel a notice of noncompliance upon finding that a
judge is in compliance, but in no event shall a judge be paid a salary for the period in which
the notification of noncompliance was in effect
deleted text end .new text begin The chief judge shall take appropriate
action to remedy the infraction. Upon a second 90-day infraction occurring on or before
five years from the date of the first infraction by the same judge, the director shall again
refer the matter to the chief judge. Within 45 days of the referral, the chief judge shall
develop a written plan with the judge to remedy the 90-day infraction and avoid future
90-day infractions and notify the Board on Judicial Standards of the development of the
written plan. At a minimum, the written plan must include measures taken to release timely
decisions, timelines for substantial compliance, and audit procedures to monitor progress.
If at any time the judge fails to follow the written plan, the chief judge shall notify the
Board on Judicial Standards for further action. Upon a third 90-day infraction on or before
five years from the date of the first 90-day infraction, the chief judge shall notify the Board
on Judicial Standards, which shall take appropriate action. This section does not affect the
chief judge's duty under the Minnesota Code of Judicial Conduct to take appropriate action
in response to violations of the code. Should the board receive a complaint alleging a
serious violation of this section, the board's authority to review and act shall not be limited.
new text end