1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 04/03/2023 04:29pm
A bill for an act
relating to judiciary; amending law related to a state board and office of appellate
counsel and training, court fees, and human rights; appropriating money for the
judiciary, Guardian ad Litem Board, Uniform Laws Commission, Board on Judicial
Standards, Board of Public Defense, and child advocacy center; amending
Minnesota Statutes 2022, sections 357.021, subdivision 2; 363A.06, subdivision
1; 484.85; proposing coding for new law in Minnesota Statutes, chapter 260C.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. new text begin APPROPRIATIONS.
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The sums shown in the columns marked "Appropriations" are appropriated to the agencies
and for the purposes specified in this article. The appropriations are from the general fund,
or another named fund, and are available for the fiscal years indicated for each purpose.
The figures "2024" and "2025" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2024, or June 30, 2025, respectively.
"The first year" is fiscal year 2024. "The second year" is fiscal year 2025. "The biennium"
is fiscal years 2024 and 2025.
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APPROPRIATIONS new text end |
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Available for the Year new text end |
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Ending June 30 new text end |
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2024 new text end |
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2025 new text end |
Sec. 2. new text begin SUPREME COURT
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new text begin Subdivision 1. new text end
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Total Appropriation
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$ new text end |
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73,666,000 new text end |
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$ new text end |
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91,516,000 new text end |
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The amounts that may be spent for each
purpose are specified in the following
subdivisions.
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new text begin Subd. 2. new text end
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Supreme Court Operations
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44,943,000 new text end |
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46,703,000 new text end |
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(a)
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Contingent Account
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$5,000 each year is for a contingent account
for expenses necessary for the normal
operation of the court for which no other
reimbursement is provided.
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(b) Justices' Compensation
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Justices' compensation is increased by four
percent in the first year and four percent in the
second year.
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new text begin Subd. 3. new text end
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Civil Legal Services
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28,723,000 new text end |
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44,813,000 new text end |
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The general fund base is $44,960,000 in fiscal
year 2026 and $45,714,000 in fiscal year 2027.
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new text begin
Legal Services to Low-Income Clients in
Family Law Matters
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$1,017,000 each year is to improve the access
of low-income clients to legal representation
in family law matters. This appropriation must
be distributed under Minnesota Statutes,
section 480.242, to the qualified legal services
program described in Minnesota Statutes,
section 480.242, subdivision 2, paragraph (a).
Any unencumbered balance remaining in the
first year does not cancel and is available in
the second year.
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Sec. 3. new text begin COURT OF APPEALS
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$ new text end |
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14,205,000 new text end |
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$ new text end |
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14,762,000 new text end |
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(a) Judges' Compensation
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Judges' compensation is increased by four
percent in the first year and four percent in the
second year.
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(b) Law Clerk Salaries
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$134,300 each year is to increase the
compensation of court of appeals law clerks
to a salary of $69,384 per year.
Notwithstanding Minnesota Statutes, section
16A.285, the court of appeals must not transfer
this money between programs.
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Sec. 4. new text begin DISTRICT COURTS
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$ new text end |
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371,931,000 new text end |
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$ new text end |
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370,311,000 new text end |
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(a) Judges' Compensation
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Judges' compensation is increased by four
percent in the first year and four percent in the
second year.
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(b) Law Clerk Salaries
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$4,413,000 each year is to increase the
compensation of district court law clerks to a
salary of $69,384 per year. Notwithstanding
Minnesota Statutes, section 16A.285, the
district court must not transfer this money
between programs.
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(c) Juror Reimbursement
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$2,625,000 each year is to increase the rate of
compensation for jurors to $50 for each day
of required attendance at sessions of court.
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Sec. 5. new text begin GUARDIAN AD LITEM BOARD
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$ new text end |
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24,358,000 new text end |
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$ new text end |
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25,620,000 new text end |
Sec. 6. new text begin TAX COURT
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$ new text end |
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2,173,000 new text end |
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$ new text end |
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2,308,000 new text end |
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Law Clerk Salaries
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$40,000 each year is to increase the
compensation of Tax Court law clerks to a
salary of $69,384 per year. Notwithstanding
Minnesota Statutes, section 16A.285, the Tax
Court must not transfer this money between
programs.
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Sec. 7. new text begin UNIFORM LAWS COMMISSION
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$ new text end |
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115,000 new text end |
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$ new text end |
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115,000 new text end |
Sec. 8. new text begin BOARD ON JUDICIAL STANDARDS
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$ new text end |
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655,000 new text end |
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$ new text end |
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645,000 new text end |
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(a) Availability of Appropriation
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If the appropriation for either year is
insufficient, the appropriation for the other
fiscal year is available.
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(b) Major Disciplinary Actions
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$125,000 each year is for special investigative
and hearing costs for major disciplinary
actions undertaken by the board. This
appropriation does not cancel. Any
unencumbered and unspent balances remain
available for these expenditures until June 30,
2027.
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Sec. 9. new text begin BOARD OF PUBLIC DEFENSE
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new text begin
$ new text end |
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154,134,000 new text end |
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$ new text end |
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164,360,000 new text end |
Sec. 10. new text begin HUMAN RIGHTS
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new text begin
$ new text end |
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8,431,000 new text end |
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$ new text end |
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8,823,000 new text end |
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The general fund base is $9,303,000 in fiscal
year 2026 and $9,303,000 in fiscal year 2027.
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Mediator Payments
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$20,000 each year is to fund payments to
mediators. This appropriation is onetime and
is available until June 30, 2027.
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Sec. 11. new text begin OFFICE OF APPELLATE COUNSEL
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$ new text end |
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659,000 new text end |
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$ new text end |
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1,560,000 new text end |
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Establishment and Operations
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$659,000 the first year and $1,560,000 the
second year are for establishment and
operation of the Statewide Office of Appellate
Counsel and Training as described in
Minnesota Statutes, section 260C.419, and to
provide support for the State Board of
Appellate Counsel and Training.
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Sec. 12. new text begin DEPARTMENT OF HUMAN
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$ new text end |
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1,500,000 new text end |
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$ new text end |
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-0- new text end |
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Child Advocacy Center
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$1,500,000 the first year is for a grant to First
Witness Child Advocacy Center for the
acquisition and improvement of properties
located at 1402, 1406, and 1412 East 2nd
Street in the city of Duluth. This appropriation
includes money for demolition of the building
located at 1412 East 2nd Street and
construction of a parking lot, and for
renovation, furnishing, and equipping of the
buildings located at 1402 and 1406 East 2nd
Street as a training center and a child advocacy
center.
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(a) As used in this section, the following terms have the
meanings given.
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(b) "Board" means the State Board of Appellate Counsel and Training.
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(c) "Juvenile protection matter" means any of the following:
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(1) child in need of protection or services matters as defined in section 260C.007,
subdivision 6, including habitual truant and runaway matters;
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(2) neglected and in foster care matters as defined in section 260C.007, subdivision 24;
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(3) review of voluntary foster care matters as defined in section 260C.141, subdivision
2;
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(4) review of out-of-home placement matters as defined in section 260C.212;
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(5) termination of parental rights matters as defined in sections 260C.301 to 260C.328;
and
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(6) permanent placement matters as defined in sections 260C.503 to 260C.521, including
matters involving termination of parental rights, guardianship to the commissioner of human
services, transfer of permanent legal and physical custody to a relative, permanent custody
to the agency, temporary legal custody to the agency, and matters involving voluntary
placement pursuant to section 260D.07.
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(d) "Office" means the Statewide Office of Appellate Counsel and Training.
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(a)
The Statewide Office of Appellate Counsel and Training is established as an independent
state office. The office shall be responsible for:
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(1) establishing and maintaining a system for providing appellate representation to
parents in juvenile protection matters, as provided in section 260C.163, subdivision 3,
paragraph (c), and in Tribal court jurisdictions;
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(2) providing training to all parent attorneys practicing in the state on topics relevant to
their practice and establishing practice standards and training requirements for parent
attorneys practicing in the state; and
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(3) collaborating with the Minnesota Department of Human Services to coordinate and
secure federal Title IV-E support for counties and Tribes interested in accessing federal
funding.
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(b) The office shall be governed by a board as provided in subdivision 3.
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(a)
The State Board of Appellate Counsel and Training is established to direct the Statewide
Office of Appellate Counsel and Training. The board shall consist of seven members,
including:
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(1) four public members appointed by the governor; and
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(2) three members appointed by the supreme court, at least one of whom must have
experience representing parents in juvenile court and who include two attorneys admitted
to practice law in the state and one public member.
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(b) The appointing authorities may not appoint any of the following to be a member of
the board:
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(1) a person who is a judge;
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(2) a person who is a registered lobbyist;
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(3) a person serving as a guardian ad litem or counsel for a guardian ad litem;
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(4) a person who serves as counsel for children in juvenile court;
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(5) a person under contract with or employed by the Department of Human Services or
a county department of human or social services; or
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(6) a current city or county attorney or assistant city or county attorney.
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(c) All members shall demonstrate an interest in maintaining a high quality, independent
appellate defense system for parents in juvenile protection proceedings who are unable to
obtain adequate representation, a robust program for parent attorneys in Minnesota, and an
efficient coordination effort, in collaboration with the Department of Human Services, to
secure and utilize Title IV-E funding. At least one member of the board appointed by the
governor must be a representative from a federally recognized Indian Tribe. No more than
five members of the board may belong to the same political party. At least three members
of the board shall be from judicial districts other than the First, Second, Fourth, and Tenth
Judicial Districts. To the extent practicable, the membership of the board must include
persons with disabilities, reflect the ethnic diversity of the state, take into consideration race
and gender, and include persons from throughout the state. The members shall be well
acquainted with representing parents in district court and appellate proceedings related to
child protection matters as well as the law that affect a parent attorney's work, including
chapter 260C, the Rules of Juvenile Protection Procedure, the Rules of Civil Appellate
Procedure, the Indian Child Welfare Act, and the Minnesota Indian Family Preservation
Act. The terms, compensation, and removal of members shall be as provided in section
15.0575. The members shall elect a chair from among the membership and the chair shall
serve a term of two years.
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(a) Beginning January 1, 2024, and for every four years after that date,
the board shall appoint a head appellate counsel in charge of executing the responsibilities
of the office who shall provide for sufficient appellate counsel for parents and other personnel
necessary to discharge the functions of the office. The head appellate counsel shall serve a
four-year term and may be removed only for cause upon the order of the board. The head
appellate counsel shall be a full-time qualified attorney, licensed to practice law in this state,
and serve in the unclassified service of the state. Vacancies of the office shall be filled by
the appointing authority for the unexpired term. The head appellate counsel shall devote
full time to the performance of duties and shall not engage in the general practice of law.
The compensation of the head appellate counsel shall be set by the board and shall be
commensurate with county attorneys in the state.
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(b) Consistent with the decisions of the board, the head appellate counsel shall employ
assistants or hire independent contractors to serve as appellate counsel for parents. Each
assistant appellate counsel and independent contractor serves at the pleasure of the head
appellate counsel. The compensation of assistant appellate counsel and independent
contractors shall be set by the board and shall be commensurate with county attorneys in
the state.
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(c) A person serving as appellate counsel shall be a qualified attorney licensed to practice
law in this state. A person serving as appellate counsel practicing in Tribal court shall be a
licensed attorney qualified to practice law in Tribal courts in the state. Assistant appellate
counsel and contracted appellate counsel may engage in the general practice of law where
not employed or contracted to provide services on a full-time basis.
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(d) The head appellate counsel shall, consistent with the responsibilities under subdivision
2, employ or hire the following:
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(1) one managing appellate attorney;
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(2) two staff attorneys;
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(3) one director of training;
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(4) one program administrator to support Title IV-E reimbursement in collaboration
with the Department of Human Services; and
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(5) one office administrator.
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(e) Each employee identified in paragraph (d) serves at the pleasure of the head appellate
counsel. The compensation of each employee shall be set by the board and shall be
commensurate with county attorneys in the state.
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(f) Any person serving as managing appellate attorney, staff attorney, and director of
training shall be a qualified attorney licensed to practice law in the state.
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(g) A person serving as the program administrator and office administrator must be
chosen solely on the basis of training, experience, and qualifications.
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(a) The board shall work cooperatively with the
head appellate counsel to govern the office and provide fiscal oversight.
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(b) The board shall approve and recommend to the legislature a budget for the board,
the office, and any programs operated by that office.
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(c) The board shall establish procedures for distribution of funding under this section to
the office and any programs operated by that office.
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(d) The head appellate counsel with the approval of the board shall establish appellate
program standards, administrative policies, procedures, and rules consistent with statute,
rules of court, and laws that affect appellate counsel's work. The standards must include but
are not limited to:
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(1) standards needed to maintain and operate an appellate counsel for parents program,
including requirements regarding the qualifications, training, and size of the legal and
supporting staff for an appellate counsel program;
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(2) standards for appellate counsel caseloads;
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(3) standards and procedures for the eligibility of appointment, assessment, and collection
of the costs for legal representation provided by appellate counsel;
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(4) standards for contracts between contracted appellate counsel and the state appellate
counsel program for the legal representation of indigent persons;
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(5) standards prescribing minimum qualifications of counsel appointed under the board's
authority or by the courts; and
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(6) standards ensuring the independent, competent, and efficient representation of clients
whose cases present conflicts of interest.
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(e) The head appellate counsel, with approval of the board, shall establish training
program standards and processes and procedures necessary to carry out the office's
responsibilities for statewide training of parent attorneys, including but not limited to
establishing uniform practice standards and training requirements for all parent attorneys
practicing in the state.
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(f) The head appellate counsel and the program administrator with approval of the board
shall establish processes and procedures for collaborating with the Department of Human
Services to secure and utilize Title IV-E funds and communicating with counties and Tribes
and any other processes and procedures necessary to carry out the office's responsibilities.
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(g) The board may:
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(1) propose statutory changes to the legislature and rule changes to the supreme court
that are in the best interests of the operation of the appellate counsel for parents program;
and
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(2) require the reporting of statistical data, budget information, and other cost factors
by the appellate counsel for parents program.
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In no event shall the board or its members interfere with the
discretion, judgment, or zealous advocacy of counsel in their handling of individual cases
as a part of the judicial branch of government.
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The establishment of the office and its
employees and support staff and the board shall be funded by the state of Minnesota.
Minnesota counties and Tribes may utilize this office to provide appellate representation
to indigent parents in their jurisdiction who are seeking an appeal and for assistance in
securing Title IV-E funding through collaboration with the Department of Human Services.
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If any of the costs provided by appellate
counsel are assessed and collected or otherwise reimbursed from any source, the State Board
of Appellate Counsel and Training shall deposit payments in a separate account established
in the special revenue fund. The amount credited to this account is appropriated to the State
Board of Appellate Counsel and Training. The balance of this account does not cancel but
is available until expended.
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Minnesota Statutes 2022, section 357.021, subdivision 2, is amended to read:
The fees to be charged and collected by the court administrator
shall be as follows:
(1) In every civil action or proceeding in said court, including any case arising under
the tax laws of the state that could be transferred or appealed to the Tax Court, the plaintiff,
petitioner, or other moving party shall pay, when the first paper is filed for that party in said
action, a fee of $285, except in marriage dissolution actions the fee is $315.
The defendant or other adverse or intervening party, or any one or more of several
defendants or other adverse or intervening parties appearing separately from the others,
shall pay, when the first paper is filed for that party in said action, a fee of $285, except in
marriage dissolution actions the fee is $315. This subdivision does not apply to the filing
of an Application for Discharge of Judgment. Section 548.181 applies to an Application
for Discharge of Judgment.
The party requesting a trial by jury shall pay $100.
The fees above stated shall be the full trial fee chargeable to said parties irrespective of
whether trial be to the court alone, to the court and jury, or disposed of without trial, and
shall include the entry of judgment in the action, but does not include copies or certified
copies of any papers so filed or proceedings under chapter 103E, except the provisions
therein as to appeals.
(2) Certified copy of any instrument from a civil or criminal proceeding, $14deleted text begin , and $8
for an uncertified copydeleted text end .
(3) Issuing a subpoena, $16 for each name.
(4) Filing a motion or response to a motion in civil, family, excluding child support, and
guardianship cases, $75.
(5) Issuing an execution and filing the return thereof; issuing a writ of attachment,
injunction, habeas corpus, mandamus, quo warranto, certiorari, or other writs not specifically
mentioned, $55.
(6) Issuing a transcript of judgment, or for filing and docketing a transcript of judgment
from another court, $40.
(7) Filing and entering a satisfaction of judgment, partial satisfaction, or assignment of
judgment, $5.
(8) Certificate as to existence or nonexistence of judgments docketed, $5 for each name
certified to.
(9) Filing and indexing trade name; or recording basic science certificate; or recording
certificate of physicians, osteopathic physicians, chiropractors, veterinarians, or optometrists,
$5.
(10) For the filing of each partial, final, or annual account in all trusteeships, $55.
(11) For the deposit of a will, $27.
(12) For recording notary commission, $20.
(13) Filing a motion or response to a motion for modification of child support, a fee of
$50.
(14) All other services required by law for which no fee is provided, such fee as compares
favorably with those herein provided, or such as may be fixed by rule or order of the court.
(15) In addition to any other filing fees under this chapter, a surcharge in the amount of
$75 must be assessed in accordance with section 259.52, subdivision 14, for each adoption
petition filed in district court to fund the fathers' adoption registry under section 259.52.
The fees in clauses (3) and (5) need not be paid by a public authority or the party the
public authority represents.new text begin No fee may be charged for an uncertified copy of an instrument
from a civil or criminal proceeding.
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Minnesota Statutes 2022, section 363A.06, subdivision 1, is amended to read:
(a) The commissioner shall formulate policies
to effectuate the purposes of this chapter and shall do the following:
(1) exercise leadership under the direction of the governor in the development of human
rights policies and programs, and make recommendations to the governor and the legislature
for their consideration and implementation;
(2) establish and maintain a principal office in St. Paul, and any other necessary branch
offices at any location within the state;
(3) meet and function at any place within the state;
(4) employ attorneys, clerks, and other employees and agents as the commissioner may
deem necessary and prescribe their duties;
(5) to the extent permitted by federal law and regulation, utilize the records of the
Department of Employment and Economic Development of the state when necessary to
effectuate the purposes of this chapter;
(6) obtain upon request and utilize the services of all state governmental departments
and agencies;
(7) adopt suitable rules for effectuating the purposes of this chapter;
(8) issue complaints, receive and investigate charges alleging unfair discriminatory
practices, and determine whether or not probable cause exists for hearing;
(9) subpoena witnesses, administer oaths, take testimony, and require the production for
examination of any books or papers relative to any matter under investigation or in question
as the commissioner deems appropriate to carry out the purposes of this chapter;
(10) attempt, by means of education, conference, conciliation, and persuasion to eliminate
unfair discriminatory practices as being contrary to the public policy of the state;
(11) develop and conduct programs of formal and informal education designed to
eliminate discrimination and intergroup conflict by use of educational techniques and
programs the commissioner deems necessary;
(12) make a written report of the activities of the commissioner to the governor each
year;
(13) accept gifts, bequests, grants, or other payments public and private to help finance
the activities of the department;
(14) create such local and statewide advisory committees as will in the commissioner's
judgment aid in effectuating the purposes of the Department of Human Rights;
(15) develop such programs as will aid in determining the compliance throughout the
state with the provisions of this chapter, and in the furtherance of such duties, conduct
research and study discriminatory practices based upon race, color, creed, religion, national
origin, sex, age, disability, marital status, status with regard to public assistance, familial
status, sexual orientation, or other factors and develop accurate data on the nature and extent
of discrimination and other matters as they may affect housing, employment, public
accommodations, schools, and other areas of public life;
(16) develop and disseminate technical assistance to persons subject to the provisions
of this chapter, and to agencies and officers of governmental and private agencies;
(17) provide staff services to such advisory committees as may be created in aid of the
functions of the Department of Human Rights;
(18) make grants in aid to the extent that appropriations are made available for that
purpose in aid of carrying out duties and responsibilities; deleted text begin and
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(19) cooperate and consult with the commissioner of labor and industry regarding the
investigation of violations of, and resolution of complaints regarding section 363A.08,
subdivision 7deleted text begin .deleted text end new text begin ; and
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(20) solicit, receive, and compile information from community organizations, school
districts and charter schools, and individuals regarding incidents committed in whole or in
substantial part because of the victim's or another's actual or perceived race, color, ethnicity,
religion, sex, gender, sexual orientation, gender identity, gender expression, age, national
origin, or disability as defined in section 363A.03, or because of the victim's actual or
perceived association with another person or group of a certain actual or perceived race,
color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression,
age, national origin, or disability as defined in section 363A.03, and compile data in the
aggregate on the nature and extent of the incidents and include summary data as defined by
section 13.02, subdivision 19, on this information in the report required under clause (12),
disaggregated by the type of incident and the actual or perceived characteristic for which
the person was targeted. The commissioner shall provide information on the department's
website about when and how a victim can report criminal conduct to a law enforcement
agency. Data collected and maintained under this clause are private data on individuals as
defined in section 13.02, subdivision 12.
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In performing these duties, the commissioner shall give priority to those duties in clauses
(8), (9), and (10) and to the duties in section 363A.36.
(b) All gifts, bequests, grants, or other payments, public and private, accepted under
paragraph (a), clause (13), must be deposited in the state treasury and credited to a special
account. Money in the account is appropriated to the commissioner of human rights to help
finance activities of the department.
Minnesota Statutes 2022, section 484.85, is amended to read:
(a) In all cases prosecuted in Ramsey County District Court by an attorney for a
municipality or subdivision of government within Ramsey County for violation of a statute;
an ordinance; or a charter provision, rule, or regulation of a city; all fines, penalties, and
forfeitures collected by the court administrator shall be deposited in the state treasury and
distributed according to this paragraph. Except where a different disposition is provided by
section 299D.03, subdivision 5, or other law, on or before the last day of each month, the
court shall pay over all fines, penalties, and forfeitures collected by the court administrator
during the previous month as follows:
deleted text begin (1) for offenses committed within the city of St. Paul,deleted text end two-thirds paid to the treasurer
of the deleted text begin city of St. Pauldeleted text end new text begin municipality or subdivision of government within Ramsey Countynew text end
and one-third credited to the state general funddeleted text begin ; anddeleted text end new text begin .
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(2) for offenses committed within any other municipality or subdivision of government
within Ramsey County, one-half paid to the treasurer of the municipality or subdivision of
government and one-half credited to the state general fund.
deleted text end
All other fines, penalties, and forfeitures collected by the district court shall be distributed
by the courts as provided by law.
(b) Fines, penalties, and forfeitures shall be distributed as provided in paragraph (a)
when:
(1) a city contracts with the county attorney for prosecutorial services under section
484.87, subdivision 3; or
(2) the attorney general provides assistance to the city attorney under section 484.87,
subdivision 5.
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The Management Analysis and Development Division of Management and Budget shall
provide technical support for the establishment of the Statewide Office of Appellate Counsel
and Training and the State Board of Appellate Counsel and Training established under
Minnesota Statutes, section 260C.419.
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