HF 1601

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to judges; proposing an amendment to the 
  1.3             Minnesota Constitution, article VI, sections 7 and 8; 
  1.4             providing for appointment and reappointment of judges 
  1.5             by the governor; increasing the term of office of 
  1.6             judges to ten years; providing for recommendations 
  1.7             regarding reappointments by the merit selection 
  1.8             commission; amending Minnesota Statutes 2002, sections 
  1.9             2.722, subdivision 4; 10A.01, subdivision 10; 204B.06, 
  1.10            subdivision 4; 204B.11; 204D.02, subdivision 1; 
  1.11            204D.11, subdivision 5; 480.01, by adding a 
  1.12            subdivision; 480A.02, subdivisions 3, 5, by adding a 
  1.13            subdivision; 480B.01, subdivisions 1, 11, by adding a 
  1.14            subdivision; repealing Minnesota Statutes 2002, 
  1.15            sections 204B.06, subdivision 6; 204B.34, subdivision 
  1.16            3; 204B.36, subdivisions 4, 5; 204D.11, subdivision 6; 
  1.17            480A.02, subdivisions 2, 4. 
  1.18  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.19                             ARTICLE 1
  1.20                      CONSTITUTIONAL AMENDMENT
  1.21     Section 1.  [CONSTITUTIONAL AMENDMENT.] 
  1.22     The following amendment to the Minnesota Constitution, 
  1.23  article VI, sections 7 and 8, is proposed to the people. 
  1.24     If the amendment is adopted, article VI, section 7, will 
  1.25  read: 
  1.26     Sec. 7.  Judges shall be appointed by the governor. The 
  1.27  term of office of all judges shall be six ten years from the 
  1.28  first Monday in January of the year of their confirmation and 
  1.29  until their successors are qualified.  They shall be elected by 
  1.30  the voters from the area which they are to serve in the manner 
  1.31  provided by law. 
  2.1      and article VI, section 8, will read: 
  2.2      Sec. 8.  Whenever there is a vacancy in the office of judge 
  2.3   the governor shall appoint in the manner provided by law a 
  2.4   qualified person to fill the vacancy until a successor is 
  2.5   elected and qualified.  The successor shall be elected for a six 
  2.6   year term at the next general election occurring more than one 
  2.7   year after the appointment. 
  2.8      Sec. 2.  [SCHEDULE AND QUESTION.] 
  2.9      The amendment shall be submitted to the people at the 2004 
  2.10  general election.  If the amendment is adopted, the judges 
  2.11  elected or appointed before January 1, 2005, may complete the 
  2.12  terms provided by article VI before its amendment, or serve 
  2.13  until January 1, 2007, whichever period is longer.  Their 
  2.14  successors shall be appointed as provided by article VI, as 
  2.15  amended.  The question submitted shall be: 
  2.16     "Shall the Minnesota Constitution be amended to provide 
  2.17  that judges be appointed by the governor for terms of ten years? 
  2.18                                     Yes .......
  2.19                                     No ........"
  2.20                             ARTICLE 2
  2.21                  CONFORMING STATUTORY AMENDMENTS
  2.22     Section 1.  Minnesota Statutes 2002, section 2.722, 
  2.23  subdivision 4, is amended to read: 
  2.24     Subd. 4.  [DETERMINATION OF A JUDICIAL VACANCY.] (a) When a 
  2.25  judge of the district court dies, resigns, retires, or is 
  2.26  removed from office, the supreme court, in consultation with 
  2.27  judges and attorneys in the affected district, shall determine 
  2.28  within 90 days of receiving notice of a vacancy from the 
  2.29  governor whether the vacant office is necessary for effective 
  2.30  judicial administration or is necessary for adequate access to 
  2.31  the courts.  In determining whether the position is necessary 
  2.32  for adequate access to the courts, the supreme court shall 
  2.33  consider whether abolition or transfer of the position would 
  2.34  result in a county having no chambered judge.  The supreme court 
  2.35  may continue the position, may order the position abolished, or 
  2.36  may transfer the position to a judicial district where need for 
  3.1   additional judges exists, designating the position as either a 
  3.2   county, county/municipal or district court judgeship.  The 
  3.3   supreme court shall certify any vacancy to the governor, who 
  3.4   shall fill it in the manner provided by law. 
  3.5      (b) At least 180 days before expiration of the judge's 
  3.6   term, a judge of district court shall notify the governor if the 
  3.7   judge intends to seek reappointment to the office.  If a judge 
  3.8   of district court fails to timely file an affidavit of candidacy 
  3.9   and filing fee or petition in lieu of a fee, the official with 
  3.10  whom the affidavits of candidacy are required to be filed notify 
  3.11  the governor of intent to seek reappointment, the governor shall 
  3.12  notify the supreme court that the incumbent judge is not seeking 
  3.13  reelection reappointment and the position may be abolished or 
  3.14  transferred under this paragraph.  Within five ten days of 
  3.15  receipt of the notice, the supreme court shall determine whether 
  3.16  the judicial position is necessary for effective judicial 
  3.17  administration or adequate access to the courts and notify the 
  3.18  official responsible for certifying the election 
  3.19  results governor of its determination.  In determining whether 
  3.20  the position is necessary for adequate access to the courts, the 
  3.21  supreme court shall consider whether abolition or transfer of 
  3.22  the position would result in a county having no chambered 
  3.23  judge.  The supreme court may continue the position, may order 
  3.24  the position abolished, or may transfer the position to a 
  3.25  judicial district where the need for additional judgeships 
  3.26  exists.  If the position is abolished or transferred, the 
  3.27  election may not be held.  If the position is transferred, the 
  3.28  court shall also notify the governor of the transfer.  Upon 
  3.29  continuation or transfer, the position is vacant and the 
  3.30  governor shall fill it in the manner provided by law.  An order 
  3.31  abolishing or transferring a position is effective the first 
  3.32  Monday in the next January. 
  3.33     Sec. 2.  Minnesota Statutes 2002, section 10A.01, 
  3.34  subdivision 10, is amended to read: 
  3.35     Subd. 10.  [CANDIDATE.] "Candidate" means an individual who 
  3.36  seeks nomination or election as a state constitutional 
  4.1   officer, or legislator, or judge.  An individual is deemed to 
  4.2   seek nomination or election if the individual has taken the 
  4.3   action necessary under the law of this state to qualify for 
  4.4   nomination or election, has received contributions or made 
  4.5   expenditures in excess of $100, or has given implicit or 
  4.6   explicit consent for any other person to receive contributions 
  4.7   or make expenditures in excess of $100, for the purpose of 
  4.8   bringing about the individual's nomination or election.  A 
  4.9   candidate remains a candidate until the candidate's principal 
  4.10  campaign committee is dissolved as provided in section 10A.24. 
  4.11     Sec. 3.  Minnesota Statutes 2002, section 204B.06, 
  4.12  subdivision 4, is amended to read: 
  4.13     Subd. 4.  [PARTICULAR OFFICES.] Candidates who seek 
  4.14  nomination for the following offices shall state the following 
  4.15  additional information on the affidavit:  
  4.16     (a) for United States senator, that the candidate will be 
  4.17  30 years of age or older and a citizen of the United States for 
  4.18  not less than nine years on the next January 3 or, in the case 
  4.19  of an election to fill a vacancy, within 21 days after the 
  4.20  special election; 
  4.21     (b) for United States representative, that the candidate 
  4.22  will be 25 years of age or older and a citizen of the United 
  4.23  States for not less than seven years on the next January 3 or, 
  4.24  in the case of an election to fill a vacancy, within 21 days 
  4.25  after the special election; 
  4.26     (c) for governor or lieutenant governor, that on the first 
  4.27  Monday of the next January the candidate will be 25 years of age 
  4.28  or older and, on the day of the state general election, a 
  4.29  resident of Minnesota for not less than one year; 
  4.30     (d) for supreme court justice, court of appeals judge, or 
  4.31  district court judge, that the candidate is learned in the law; 
  4.32     (e) for county, municipal, school district, or special 
  4.33  district office, that the candidate meets any other 
  4.34  qualifications for that office prescribed by law; and 
  4.35     (f) (e) for senator or representative in the legislature, 
  4.36  that on the day of the general or special election to fill the 
  5.1   office the candidate will have resided not less than one year in 
  5.2   the state and not less than six months in the legislative 
  5.3   district from which the candidate seeks election.  
  5.4      Sec. 4.  Minnesota Statutes 2002, section 204B.11, is 
  5.5   amended to read: 
  5.6      204B.11 [CANDIDATES; FILING FEES; PETITION IN PLACE OF 
  5.7   FILING FEE.] 
  5.8      Subdivision 1.  [AMOUNT; DISHONORED CHECKS; CONSEQUENCES.] 
  5.9   Except as provided by subdivision 2, a filing fee shall be paid 
  5.10  by each candidate who files an affidavit of candidacy.  The fee 
  5.11  shall be paid at the time the affidavit is filed.  The amount of 
  5.12  the filing fee shall vary with the office sought as follows: 
  5.13     (a) for the office of governor, lieutenant governor, 
  5.14  attorney general, state auditor, state treasurer, secretary of 
  5.15  state, or representative in Congress, judge of the supreme 
  5.16  court, judge of the court of appeals, or judge of the district 
  5.17  court, $300; 
  5.18     (b) for the office of senator in Congress, $400; 
  5.19     (c) for office of senator or representative in the 
  5.20  legislature, $100; 
  5.21     (d) for a county office, $50; and 
  5.22     (e) for the office of soil and water conservation district 
  5.23  supervisor, $20. 
  5.24     For the office of presidential elector, and for those 
  5.25  offices for which no compensation is provided, no filing fee is 
  5.26  required. 
  5.27     The filing fees received by the county auditor shall 
  5.28  immediately be paid to the county treasurer.  The filing fees 
  5.29  received by the secretary of state shall immediately be paid to 
  5.30  the state treasurer. 
  5.31     When an affidavit of candidacy has been filed with the 
  5.32  appropriate filing officer and the requisite filing fee has been 
  5.33  paid, the filing fee shall not be refunded.  If a candidate's 
  5.34  filing fee is paid with a check, draft, or similar negotiable 
  5.35  instrument for which sufficient funds are not available or that 
  5.36  is dishonored, notice to the candidate of the worthless 
  6.1   instrument must be sent by the filing officer via registered 
  6.2   mail no later than immediately upon the closing of the filing 
  6.3   deadline with return receipt requested.  The candidate will have 
  6.4   five days from the time the filing officer receives proof of 
  6.5   receipt to issue a check or other instrument for which 
  6.6   sufficient funds are available.  The candidate issuing the 
  6.7   worthless instrument is liable for a service charge pursuant to 
  6.8   section 604.113.  If adequate payment is not made, the name of 
  6.9   the candidate must not appear on any official ballot and the 
  6.10  candidate is liable for all costs incurred by election officials 
  6.11  in removing the name from the ballot. 
  6.12     Subd. 2.  [PETITION IN PLACE OF FILING FEE.] At the time of 
  6.13  filing an affidavit of candidacy, a candidate may present a 
  6.14  petition in place of the filing fee.  The petition may be signed 
  6.15  by any individual eligible to vote for the candidate.  A 
  6.16  nominating petition filed pursuant to section 204B.07 or 
  6.17  204B.13, subdivision 4, is effective as a petition in place of a 
  6.18  filing fee if the nominating petition includes a prominent 
  6.19  statement informing the signers of the petition that it will be 
  6.20  used for that purpose.  
  6.21     The number of signatures on a petition in place of a filing 
  6.22  fee shall be as follows:  
  6.23     (a) for a state office voted on statewide, or for president 
  6.24  of the United States, or United States senator, 2,000; 
  6.25     (b) for a congressional office, 1,000; 
  6.26     (c) for a county or legislative office, or for the office 
  6.27  of district judge, 500; and 
  6.28     (d) for any other office which requires a filing fee as 
  6.29  prescribed by law, municipal charter, or ordinance, the lesser 
  6.30  of 500 signatures or five percent of the total number of votes 
  6.31  cast in the municipality, ward, or other election district at 
  6.32  the preceding general election at which that office was on the 
  6.33  ballot.  
  6.34     An official with whom petitions are filed shall make sample 
  6.35  forms for petitions in place of filing fees available upon 
  6.36  request.  
  7.1      Sec. 5.  Minnesota Statutes 2002, section 204D.02, 
  7.2   subdivision 1, is amended to read: 
  7.3      Subdivision 1.  [OFFICERS.] All elective state and county 
  7.4   officers, justices of the supreme court, judges of the court of 
  7.5   appeals and district court, state senators and state 
  7.6   representatives, and senators and representatives in Congress 
  7.7   shall be elected at the state general election held in the year 
  7.8   before their terms of office expire.  Presidential electors 
  7.9   shall be chosen at the state general election held in the year 
  7.10  before the expiration of a term of a president of the United 
  7.11  States.  
  7.12     Sec. 6.  Minnesota Statutes 2002, section 204D.11, 
  7.13  subdivision 5, is amended to read: 
  7.14     Subd. 5.  [BALLOT HEADINGS.] The white, pink and special 
  7.15  federal white ballot shall be headed with the words "State 
  7.16  General Election Ballot."  The canary ballot shall be headed 
  7.17  with the words "County and Judicial Nonpartisan General Election 
  7.18  Ballot."  
  7.19     Sec. 7.  Minnesota Statutes 2002, section 480.01, is 
  7.20  amended by adding a subdivision to read: 
  7.21     Subd. 3.  [NOTICE OF INTENT TO SEEK REAPPOINTMENT.] At 
  7.22  least 180 days before expiration of a justice's term, the 
  7.23  justice must notify the governor if the justice intends to seek 
  7.24  reappointment to the office.  If a justice fails to timely 
  7.25  notify the governor of intent to seek reappointment, the 
  7.26  position is considered vacant.  
  7.27     Sec. 8.  Minnesota Statutes 2002, section 480A.02, 
  7.28  subdivision 3, is amended to read: 
  7.29     Subd. 3.  [ELIGIBILITY.] By January 1, 1984, one seat on 
  7.30  the court shall be designated for each congressional district. 
  7.31  Only persons who have resided in that congressional district for 
  7.32  at least one year shall be eligible for election or appointment 
  7.33  to that seat.  A judge who is elected or appointed to a 
  7.34  congressional district seat shall continue to be eligible for 
  7.35  that seat without regard to any subsequent change of residence.  
  7.36  All other seats shall be without restriction as to residence.  
  8.1      Sec. 9.  Minnesota Statutes 2002, section 480A.02, 
  8.2   subdivision 5, is amended to read: 
  8.3      Subd. 5.  [DESIGNATION OF JUDGES.] After each 
  8.4   reapportionment, the chief judge shall designate a judge for 
  8.5   each of the new congressional districts.  The chief judge shall 
  8.6   first redesignate the incumbent judges serving for the old 
  8.7   congressional districts.  If only one of them was, at the time 
  8.8   of original election or appointment, resident at a place within 
  8.9   a new congressional district, that judge shall be designated as 
  8.10  serving for that district.  If two or more of them were 
  8.11  residents at the time of initial election or appointment in 
  8.12  places which are within the same new congressional district, the 
  8.13  judge whose district was in the opinion of the chief judge most 
  8.14  substantially related to the new district shall be designated as 
  8.15  serving for the new district and the other shall be designated 
  8.16  as serving at large.  If there is then any new congressional 
  8.17  district for which there is no designated judge, but there is an 
  8.18  incumbent at-large judge who was resident within that territory 
  8.19  at the time of initial election or appointment, that judge, or 
  8.20  the senior of them, if there is more than one, shall be assigned 
  8.21  to the district seat.  If there then remains any new 
  8.22  congressional district for which there is no designated judge, 
  8.23  there shall be no judge designated to serve from that district 
  8.24  until the next at-large vacancy arising by death, retirement, 
  8.25  resignation, or removal, which shall be filled by appointment of 
  8.26  a person from that congressional district.  
  8.27     Sec. 10.  Minnesota Statutes 2002, section 480A.02, is 
  8.28  amended by adding a subdivision to read: 
  8.29     Subd. 6a.  [NOTICE OF INTENT TO SEEK REAPPOINTMENT.] At 
  8.30  least 180 days before expiration of a judge's term, the judge 
  8.31  must notify the governor if the judge intends to seek 
  8.32  reappointment to the office.  If a judge fails to timely notify 
  8.33  the governor of intent to seek reappointment, the position is 
  8.34  considered vacant.  
  8.35     Sec. 11.  Minnesota Statutes 2002, section 480B.01, 
  8.36  subdivision 1, is amended to read: 
  9.1      Subdivision 1.  [JUDICIAL VACANCIES.] If a judge of the 
  9.2   district court or workers' compensation court of appeals dies, 
  9.3   resigns, retires, or is removed during the judge's term of 
  9.4   office, or fails to notify the governor of intent to seek 
  9.5   reappointment, or if a new district or workers' compensation 
  9.6   court of appeals judgeship is created, the resulting vacancy 
  9.7   must be filled by the governor as provided in this section. 
  9.8      Sec. 12.  Minnesota Statutes 2002, section 480B.01, 
  9.9   subdivision 11, is amended to read: 
  9.10     Subd. 11.  [NOMINEES TO GOVERNOR.] Within 60 days after the 
  9.11  receipt of a notice of a judicial vacancy, the committee shall 
  9.12  recommend to the governor no fewer than three and no more than 
  9.13  five nominees for each judicial vacancy.  The names of the 
  9.14  nominees must be made public.  The governor may appoint a person 
  9.15  to fill the vacancy from the nominees recommended by the 
  9.16  commission.  If the governor declines to select appoint a 
  9.17  nominee to fill the vacancy from the list of nominees, or if no 
  9.18  list is submitted to the governor under this subdivision, the 
  9.19  governor may select appoint a person to fill the vacancy without 
  9.20  regard to the commission's recommendation.  If fewer than 60 
  9.21  days remain in the term of office of a governor who will not 
  9.22  succeed to another term, the governor may appoint a person to 
  9.23  fill a vacancy without waiting for the commission to recommend a 
  9.24  list of nominees. 
  9.25     Sec. 13.  Minnesota Statutes 2002, section 480B.01, is 
  9.26  amended by adding a subdivision to read: 
  9.27     Subd. 13.  [RECOMMENDATION REGARDING JUDICIAL 
  9.28  REAPPOINTMENT.] Within ten days after the governor is notified 
  9.29  that a judge of the district court intends to seek 
  9.30  reappointment, the governor shall give notice of the intent to 
  9.31  seek reappointment to the chair of the commission on judicial 
  9.32  selection.  A meeting of the commission to interview the judge 
  9.33  and make a recommendation to the governor regarding 
  9.34  reappointment must be held not less than 21 days nor more than 
  9.35  42 days after the governor provides the notice.  Within 60 days 
  9.36  after receipt of the notice, the commission shall make a 
 10.1   recommendation to the governor regarding whether the judge 
 10.2   should be reappointed to the position.  
 10.3      Sec. 14.  [REPEALER.] 
 10.4      Minnesota Statutes 2002, sections 204B.06, subdivision 6; 
 10.5   204B.34, subdivision 3; 204B.36, subdivisions 4 and 5; 204D.11, 
 10.6   subdivision 6; and 480A.02, subdivisions 2 and 4, are repealed. 
 10.7      Sec. 15.  [EFFECTIVE DATE; TRANSITION.] 
 10.8      This article is effective upon ratification of the 
 10.9   constitutional amendment in article 1.