HF 1474

as introduced - 87th Legislature (2011 - 2012) Posted on 04/14/2011 11:08am

A bill for an act
relating to judges; creating judicial election districts; amending the mandatory
retirement date for judges; creating optional retirement dates; imposing partial
forfeiture of annuity under certain circumstances; amending Minnesota Statutes
2010, sections 2.722, subdivision 1; 10A.09, subdivision 1; 204B.06, subdivision
6; 490.121, subdivision 21d, by adding subdivisions; 490.124, subdivisions 1, 3,
by adding subdivisions; proposing coding for new law in Minnesota Statutes,
chapter 480B.

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

Section 1.

Minnesota Statutes 2010, section 2.722, subdivision 1, is amended to read:

Subdivision 1.

Description new text begin of judicial districts and election districts new text end .

new text begin (a)
new text end Effective July 1, 1959, the state is divided into ten judicial districts composed of the
following named counties, respectively, in each of which districts judges shall be chosen
as hereinafter specified:

1. Goodhue, Dakota, Carver, Le Sueur, McLeod, Scott, and Sibley; 36 judges; and
four permanent chambers shall be maintained in Red Wing, Hastings, Shakopee, and
Glencoe and one other shall be maintained at the place designated by the chief judge
of the district;

2. Ramsey; 26 judges;

3. Wabasha, Winona, Houston, Rice, Olmsted, Dodge, Steele, Waseca, Freeborn,
Mower, and Fillmore; 23 judges; and permanent chambers shall be maintained in
Faribault, Albert Lea, Austin, Rochester, and Winona;

4. Hennepin; 60 judges;

5. Blue Earth, Watonwan, Lyon, Redwood, Brown, Nicollet, Lincoln, Cottonwood,
Murray, Nobles, Pipestone, Rock, Faribault, Martin, and Jackson; 16 judges; and
permanent chambers shall be maintained in Marshall, Windom, Fairmont, New Ulm,
and Mankato;

6. Carlton, St. Louis, Lake, and Cook; 15 judges;

7. Benton, Douglas, Mille Lacs, Morrison, Otter Tail, Stearns, Todd, Clay, Becker,
and Wadena; 28 judges; and permanent chambers shall be maintained in Moorhead,
Fergus Falls, Little Falls, and St. Cloud;

8. Chippewa, Kandiyohi, Lac qui Parle, Meeker, Renville, Swift, Yellow Medicine,
Big Stone, Grant, Pope, Stevens, Traverse, and Wilkin; 11 judges; and permanent
chambers shall be maintained in Morris, Montevideo, and Willmar;

9. Norman, Polk, Marshall, Kittson, Red Lake, Roseau, Mahnomen, Pennington,
Aitkin, Itasca, Crow Wing, Hubbard, Beltrami, Lake of the Woods, Clearwater, Cass and
Koochiching; 23 judges; and permanent chambers shall be maintained in Crookston, Thief
River Falls, Bemidji, Brainerd, Grand Rapids, and International Falls; and

10. Anoka, Isanti, Wright, Sherburne, Kanabec, Pine, Chisago, and Washington;
45 judges; and permanent chambers shall be maintained in Anoka, Stillwater, and other
places designated by the chief judge of the district.

new text begin (b) In all districts except the Second and Fourth Judicial Districts, a candidate for
district court judge shall be elected by voters residing in the county in which the judge is
chambered. If no judge is chambered in a county, the Commission on Judicial Selection
shall assign a judgeship to a contiguous group of counties for an election at least 30 days
prior to a general election.
new text end

new text begin In the Second and Fourth Judicial Districts, a candidate for district court judge shall
be elected by voters residing in the judge's judicial election precinct. By October 1, 2011,
and thereafter, 30 days prior to a general election following the addition of a judgeship, the
Commission on Judicial Selection shall establish boundaries of judicial election precincts
and assign a judgeship to each precinct in the Second and Fourth Judicial districts. The
boundaries of judicial election precincts must follow visible, clearly recognizable physical
features, be composed of compact, contiguous territory, and be substantially equal in
population based on the results of the most recent decennial census.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2011.
new text end

Sec. 2.

Minnesota Statutes 2010, section 10A.09, subdivision 1, is amended to read:

Subdivision 1.

Time for filing.

deleted text begin Except for a candidate for elective office in the
judicial branch, deleted text end An individual must file a statement of economic interest with the board:

(1) within 60 days of accepting employment as a public official or a local official in
a metropolitan governmental unit;

(2) within 14 days after filing an affidavit of candidacy or petition to appear on the
ballot for an elective state office or an elective local office in a metropolitan governmental
unit;

(3) in the case of a public official requiring the advice and consent of the senate,
within 14 days after undertaking the duties of office; or

(4) in the case of members of the Minnesota Racing Commission, the director
of the Minnesota Racing Commission, chief of security, medical officer, inspector of
pari-mutuels, and stewards employed or approved by the commission or persons who
fulfill those duties under contract, within 60 days of accepting or assuming duties.

Sec. 3.

Minnesota Statutes 2010, section 204B.06, subdivision 6, is amended to read:

Subd. 6.

Judicial candidates; designation of term.

new text begin (a) new text end An individual who files as a
candidate for the office of chief justice or associate justice of the Supreme Court, judge of
the Court of Appeals, or judge of the district court shall state in the affidavit of candidacy
the office of the particular justice or judge for which the individual is a candidate. The
individual shall be a candidate only for the office identified in the affidavit. Each justice
of the Supreme Court and each Court of Appeals and district court judge is deemed to
hold a separate nonpartisan office.

new text begin (b) An incumbent justice or judge shall not be named on the ballot unless the justice
or judge has filed a commitment in writing to the secretary of state by May 1 of the year
of the expiration of the term of office of such judge. The commitment shall provide that
the justice or judge will serve the office identified in the affidavit for candidacy until the
expiration of the term of office, the mandatory retirement date, the optional retirement
date, or the disability date, or until appointed to another office of government, or is unable
to serve due to a compelling physical or personal reason, as defined in section 490.121,
subdivision 7d.
new text end

new text begin (c) When a judge or justice reaches the age of 70, the office of the judge shall be
placed on the ballot in the general election year of the judge's mandatory retirement date,
as defined in section 490.121, subdivision 21d, if the judge is serving in office 30 days
prior to the general election.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2011.
new text end

Sec. 4.

new text begin [480B.02] ELECTION OF JUDGES TO FILL VACANCIES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) The definitions in this subdivision apply to this
section.
new text end

new text begin (b) "Placeholder" means a qualified person who has been appointed by the governor
to a judicial office. A placeholder who has been appointed to judicial office is not a prior
office holder or the successor of a prior office holder, unless later elected to that position.
new text end

new text begin (c) "Prior office holder" means a person who had been elected to judicial office and
held the position until death, resignation, or removal from office created a vacancy in
the judicial office.
new text end

new text begin (d) "Qualified person" is a person who is learned in the law, is a resident of the
district in which the person will serve, and meets all other requirements for holding
judicial office as provided in law.
new text end

new text begin (e) "Successor" means a person who is elected to a judicial office to fill a vacancy
which was created by a prior office holder through death, resignation, or removal from
office.
new text end

new text begin (f) "Vacancy" means an unfilled judicial office created when the prior office holder
dies, resigns, or is removed from office. The mere announcement of an intention to resign
does not create a vacancy.
new text end

new text begin Subd. 2. new text end

new text begin Filling a judicial vacancy. new text end

new text begin (a) Whenever there is a vacancy in the office
of judge, the governor shall appoint a placeholder to fill the vacancy until a successor is
elected and qualified. A successor shall be elected at the next general election occurring
more than one year after the date of appointment of the placeholder.
new text end

new text begin (b) The death, resignation, or removal of a placeholder from office prior to an
election shall not alter the date of the election of a successor. Should the placeholder fail
to serve, for any reason, in the judicial office until the successor is elected, then:
new text end

new text begin (1) if the election is less than 12 months away, the position shall be filled when a
successor is elected; or
new text end

new text begin (2) if the election is more than 12 months away, the governor shall appoint a
qualified person who shall serve only until a successor is elected and qualified.
new text end

Sec. 5.

Minnesota Statutes 2010, section 490.121, is amended by adding a subdivision
to read:

new text begin Subd. 7d. new text end

new text begin Compelling physical or personal reason. new text end

new text begin "Compelling physical or
personal reason" means a physical condition that renders the judge unable to perform the
duties of judicial office or the need to care for a member of the judge's immediate family.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2011, and applies to vacancies
occurring on or after that date.
new text end

Sec. 6.

Minnesota Statutes 2010, section 490.121, subdivision 21d, is amended to read:

Subd. 21d.

Mandatory retirement date.

"Mandatory retirement date" means
deleted text begin the last day of the month in which deleted text end new text begin December 31 of the year of a general election after new text end a
judge has attained 70 years of age.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2011.
new text end

Sec. 7.

Minnesota Statutes 2010, section 490.121, is amended by adding a subdivision
to read:

new text begin Subd. 21g. new text end

new text begin Optional retirement date. new text end

new text begin "Optional retirement date" means December
31 of a general election year.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2011.
new text end

Sec. 8.

Minnesota Statutes 2010, section 490.124, subdivision 1, is amended to read:

Subdivision 1.

Basic retirement annuity.

(a) Except as qualified hereinafter from
and after the mandatory retirement date, the normal retirement date, the early retirement
date, new text begin the optional retirement date, new text end or one year from the disability retirement date new text begin or date
approved by the Court of Appeals under subdivision 4a new text end , as the case may be, a retiring
judge is eligible to receive a retirement annuity from the judges' retirement fund.

(b) The retirement annuity is an amount equal to: (1) the percent specified in section
356.315, subdivision 7, multiplied by the judge's final average compensation with that
result then multiplied by the number of years and fractions of years of allowable service
rendered before July 1, 1980; plus (2) the percent specified in section 356.315, subdivision
8, multiplied by the judge's final average compensation with that result then multiplied
by the number of years and fractions of years of allowable service rendered after June
30, 1980.

(c) Service that exceeds the service credit limit in section 490.121, subdivision 22,
must be excluded in calculating the retirement annuity, but the compensation earned by
the judge during this period of judicial service must be used in determining a judge's final
average compensation and calculating the retirement annuity.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2011.
new text end

Sec. 9.

Minnesota Statutes 2010, section 490.124, subdivision 3, is amended to read:

Subd. 3.

Early reduced retirement.

new text begin Except as provided in subdivision 3a, new text end the
retirement annuity under subdivision 1 of any judge who elects to retire at an early
retirement date new text begin that does not qualify as an optional retirement date new text end must be reduced by
one-half of one percent per month from the retirement date to the normal retirement date.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2011.
new text end

Sec. 10.

Minnesota Statutes 2010, section 490.124, is amended by adding a subdivision
to read:

new text begin Subd. 3a. new text end

new text begin Partial forfeiture of retirement annuity. new text end

new text begin The retirement annuity under
subdivision 1 of any judge who elects to retire at any date that results in the appointment
of a successor by the governor must be reduced by 25 percent. This subdivision shall
not apply if the judge is appointed to serve on another court, the judge retires due to a
disability, or the judge retires for compelling physical or personal reasons.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2011, and applies to judges
elected or appointed to a new term of office on or after that date.
new text end

Sec. 11.

Minnesota Statutes 2010, section 490.124, is amended by adding a subdivision
to read:

new text begin Subd. 4a. new text end

new text begin Compelling physical or personal reason retirement. new text end

new text begin (a) An incumbent
judge may retire at any time if unable to continue to serve as a judge for a compelling
physical or personal reason, as approved by the Court of Appeals. When the Court of
Appeals determines that a judge is unable to serve under this subdivision, notice of
the court's determination must be sent to the judge, to the chief justice of the Supreme
Court, to the state court administrator, and to the executive director of the Minnesota
State Retirement System.
new text end

new text begin (b) From and after this retirement date, the judge is entitled to continuation of the
judge's full salary payable by the judge's employer, as if the judge's office were not vacated
by retirement, for a period of up to one full year, but in no event beyond the judge's
mandatory retirement date. During this year, the judge is entitled to earn additional service
credit in the judges' retirement plan. The salary payable to a judge is subject to retirement
deductions and must be included in computing final average compensation of the judge.
new text end

new text begin (c) At the conclusion of the year of continued salary following retirement under this
subdivision or upon the judge's mandatory retirement date, whichever is earlier, the judge
is entitled to a retirement annuity computed as provided in subdivision 1.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2011.
new text end