2002 Minnesota Statutes

     490.16 Powers. 

    Subdivision 1.  A judge is disqualified from acting as a 
 judge, without loss of salary, while there is pending an 
 indictment or any information charging the judge with a crime 
 punishable as a felony under Minnesota or federal law, or a 
 recommendation to the supreme court by the board on judicial 
 standards for the judge's removal or retirement. 

    Subd. 2.  On recommendation of the board on judicial 
 standards or on its own motion, the supreme court may suspend a 
 judge from office without salary when the judge pleads guilty or 
 no contest or is found guilty of a crime punishable as a felony 
 under Minnesota or federal law or any other crime that involves 
 moral turpitude.  If the conviction is reversed, suspension 
 terminates and the judge shall be paid a salary for the period 
 of suspension.  If the judge is suspended and the conviction 
 becomes final, the supreme court shall remove the judge from 
 office. 

    Subd. 3.  On recommendation of the board on judicial 
 standards, the supreme court may retire a judge for disability 
 that seriously interferes with the performance of duties and is 
 or is likely to become permanent, and censure or remove a judge 
 for action or inaction that may constitute persistent failure to 
 perform duties, incompetence in performing duties, habitual 
 intemperance or conduct prejudicial to the administration of 
 justice that brings the judicial office into disrepute. 

    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 limitation. 

    Subd. 4.  A judge retired by the supreme court shall be 
 considered to have retired voluntarily.  A judge removed by the 
 supreme court is ineligible for judicial office and the question 
 of the removed judge's right to practice law in this state shall 
 be referred to the proper authority for review. 

    Subd. 5.  The supreme court shall make rules to implement 
 this section. 

    Subd. 6.  This section and section 490.15, shall 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. 

    HIST: 1971 c 909 s 2; 1975 c 271 s 6; 1976 c 239 s 122; 1978 c 
 475 s 1; 1978 c 713 s 2; 1986 c 444