Minnesota Legislature
HF 1298
as introduced - 87th Legislature (2011 - 2012) Posted on 03/28/2011 09:31am
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 03/28/2011 |
Current Version - as introduced
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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
2010, section 546.27, subdivision 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2010, 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.
At least deleted text begin annuallydeleted text end new text begin monthlynew text end , the
Board on Judicial Standards shall review the compliance of each district judge with the
provisions of subdivision 1. To facilitate this review, the director of the state judicial
information system shall notify the executive secretary of the state Board on Judicial
Standards when a matter exceeds 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 notificationdeleted text end new text begin the first 90-day infraction, the director shall notify the board new text end that
a judge is not in compliance, new text begin and new text end the deleted text begin commissioner of management and budget shall not
pay the salary of that judgedeleted text end new text begin board shall refer the matter to the chief judge of the judicial
district in which the 90-day infraction has occurrednew text end . deleted text begin 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
Upon a second 90-day infraction occurring on or before five years from the date of the
first infraction, the board 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 Board on Judicial Standards shall take immediate action without referral to
the chief judge, but with notice to the chief judge.
new text end