Minnesota Legislature
HF 1632
as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:53am
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 03/11/2009 |
Current Version - as introduced
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A bill for an act
relating to courts; modifying the composition and powers of the Board of Judicial
Standards; modifying presumptions in ascertaining legislative intent; amending
Minnesota Statutes 2008, sections 490A.01; 490A.02; 645.17.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2008, section 490A.01, is amended to read:
490A.01 BOARD ON JUDICIAL STANDARDS; ESTABLISHMENT.
Subdivision 1.
Establishment; composition.
The Board on Judicial Standards is
establisheddeleted text begin . The board is a continuation of the board established by Laws 1971, chapter
909, sections 1 and 2, as amendeddeleted text end new text begin pursuant to the Minnesota Constitution, article VI,
section 9new text end .
Subd. 2.
Composition; appointment.
(a) The board consists of deleted text begin one judge of the
Court of Appeals, three trial court judges, two lawyers who have practiced law in the state
for at least ten years, and four citizens who are not judges, retired judges, or lawyersdeleted text end new text begin
eight citizens of the state of Minnesota, one member of the house of representatives,
and one member of the senatenew text end .
(b) deleted text begin All members must be appointed by the governor with the advice and consent of
the senate. Senate confirmation is not required for judicial members.deleted text end new text begin A person who is a
resident and citizen of the state may apply to the secretary of state to be a citizen member
of the board. The secretary of state must conduct a random selection from qualified
citizen applicants. To the extent possible, one citizen member must be chosen from each
congressional district. It is preferred that the citizen members have strong knowledge of
the court system. By majority vote, the citizen members shall appoint the members from
the house of representatives and the senate.
new text end
Subd. 3.
Term maximum; membership termination.
No member may serve deleted text begin more
than two full four-year terms or their equivalentdeleted text end new text begin if there is a conflict of interest, such as a
member earning income from activities within the judicial branch. If there is a question
of whether there is a conflict of interest, the board members shall resolve the conflict
with a majority votenew text end . Membership terminates if a member ceases to hold the position
that qualified the member for appointment.
Subd. 4.
Member terms; compensation; removal.
The membership terms,
compensation, removal of members, and filling of vacancies on the board are as provided
in deleted text begin section 15.0575.deleted text end new text begin this section. The term of membership for the citizens is two years,
after which time a citizen member may reapply and be again included in the pool. A
citizen member may be removed from the board for cause. The term of membership of
the legislative members is at the discretion of the citizen members who appoint them.
Membership on the board constitutes a valuable service to the citizens of Minnesota; thus,
an employer of a board member shall grant the board member extended unpaid leave of
absence while the member serves on the board if the board member makes a written
request to the employer. The legislature shall provide office space, phones, and necessary
office equipment for the board.
new text end
Subd. 5.
Executive secretary appointment; salary.
(a) The board shall appoint
the executive secretary.
(b) The salary of the executive secretary of the board is 85 percent of the maximum
salary provided for an administrative law judge under section 15A.083, subdivision 6a.
Sec. 2.
Minnesota Statutes 2008, section 490A.02, is amended to read:
490A.02 JUDICIAL STANDARDS BOARD; POWERS.
Subdivision 1.
Judicial disqualification.
A judge is disqualified from acting as a
judge, without a loss of salary, while there is pending an indictment or any information
charging the judge with a crime that is punishable as a felony under either Minnesota law
or federal lawdeleted text begin , or while there is pending a recommendation to the Supreme Court by the
Board on Judicial Standards for the judge's removal or retirementdeleted text end .
new text begin
If it is proven by the evidence in the petition and the determination of the board that
the citizen or attorney for the citizen made a public record in the court notifying the judge
that the judge was violating the constitutions or the statutes, and the board finds that the
judge committed the violation, the board shall permanently remove the judge from office.
new text end
new text begin
If the citizen or attorney for the citizen failed to make a public record in the court
notifying the judge that the judge was violating the constitutions or the statutes, the board
is authorized only to issue a warning to the judge. After three warnings from the board to
a single judge, the judge is automatically removed from office.
new text end
new text begin
The state government, political subdivisions, and corporations may not petition
the board.
new text end
new text begin
The board shall respond to all petitions made by citizens. Upon making a petition to
the board, the time limits for making an appeal in the courts is suspended until the board
makes a decision on the petition.
new text end
new text begin
Upon receipt of a petition, the board shall, within three working days, notify the
judge of the petition and include a complete copy of the petition. The judge may respond
to the petition and submit any evidence and argument, within 20 days of receiving notice
of the petition.
new text end
new text begin
The board shall make an initial response to the petitioner within two weeks of the
board receiving the petition, and at that time shall inform the petitioner what, if any,
evidence is necessary for the board to review the petition. If further evidence is necessary,
such as certified court records and transcripts, the petitioner has 30 days from the response
of the board to produce the necessary evidence.
new text end
new text begin
The board, upon receiving the additional evidence required of the petitioner, shall
respond to the petition within 45 days.
new text end
new text begin
The petitioner, if needing transcripts, shall bring the response letter from the
board to the court reporter for the judge. The court reporter shall produce the necessary
transcripts within ten days, at a cost to the petitioner. If the court reporter fails to produce
the transcript or transcripts within ten days, the court reporter shall be suspended from
employment, without pay until the time that the requested transcript or transcripts are
given to the petitioner. In this event, the board shall grant an extension of time for the
petitioner, until the transcript or transcripts are produced by the court reporter.
new text end
new text begin
If the original petition is sufficient when submitted to the board, within two weeks of
receipt of the petition, the board shall send a response letter to the petitioner stating that
the petition is sufficient. The board shall then make a final determination of the petition
within 45 days of sending the response letter to the petitioner.
new text end
new text begin
The Office of the Attorney General shall respond to any questions by the board
within ten days of receiving the questions.
new text end
new text begin
A judge removed by the board has the right to appeal the decision of the board to
the legislature. The house of representatives shall hear the initial appeal. If the house of
representatives determines the removal of the judge was unwarranted, then the senate shall
also hear the appeal. Both houses must agree that the judge's removal was unwarranted in
order to reverse the decision of the board. During the appeal, the judge shall be suspended
with pay.
new text end
Subd. 2.
Judicial suspension.
deleted text begin On receipt of a recommendation of the Board on
Judicial Standards or on its own motion, the Supreme Court may suspenddeleted text end A judgenew text begin is
suspendednew text end from office without salary when the judge pleads guilty to or no contest to or
is found guilty of a crime that is punishable as a felony under either Minnesota law or
federal law or any other crime that involves moral turpitude. If the conviction is reversed,
the suspension terminates and the judge must be paid a salary for the period of suspension.
If the judge is suspended and the conviction becomes final, the deleted text begin Supreme Courtdeleted text end new text begin judgenew text end shall
deleted text begin remove the judgedeleted text end new text begin be removednew text end from office.
Subd. 3.
Judicial disability.
On receipt of a recommendation of the Board on
Judicial Standards, the deleted text begin Supreme Courtdeleted text end new text begin legislaturenew text end may retire a judge for a new text begin physical or
mental new text end disability that deleted text begin the court determinesdeleted text end seriously interferes with the performance of the
judge's duties and is or is likely to become permanentdeleted text begin , anddeleted text end new text begin . The board is authorized tonew text end
censurenew text begin , warn,new text end or remove a judge for an action or inaction that may constitute persistent
failure to perform the judge's duties, new text begin violations of the Minnesota or federal constitutions,
violations of Minnesota Statutes, new text end incompetence in performing the judge's duties, habitual
intemperance, or conduct prejudicial to the administration of justice that brings the
judicial office into disrepute.
Subd. 4.
Authority to reopen matters.
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.
new text begin
The board shall review all petitions made by citizens concerning judicial misconduct.
The petitions made by the citizens must state in clear and concise language the facts and
events that support the petition.
new text end
new text begin
The board may require the petitioner to provide certified court records and
transcripts. If the board finds the petition is sufficient to remove the judge, the judge shall
reimburse the citizen the costs of the certified court records and transcripts.
new text end
new text begin
The board has the authority to immediately remove a judge if it determines the judge
violated constitutional or statutory law, and if the citizen or counsel for the citizen made a
record in the court of the violation or violations. In this event, the decision of the board
shall be binding and the ruling or rulings made by the judge shall have no effect of law.
new text end
new text begin
In the event the citizen or counsel for the citizen failed to make a record in the
court of constitutional or statutory violations, and in all other petitions that refer to
misconduct that did not violate constitutional or statutory law, the board is authorized only
to issue a warning to the judge. In all cases whereby the board has issued a warning
to a judge, the citizen reserves the right to appeal the decision of the judge. In these
cases, the warning issued by the board stands as notice to the appellate courts that the
citizens have determined a constitutional or statutory violation occurred in the lower court.
When the board has made such determination, the board's decision may be included in
the citizen's appeal and the appellate court must provide a remedy for the citizen with
reversal, instructions, and remand, when the board's determination has been violations of
the constitutional or statutory law. If the citizen demands that the case be remanded to a
different judge, the clerk of courts shall assign another judge.
new text end
new text begin
All records concerning the board are public record. Once a year, the board shall give
all records to the legislative branch. The legislative branch shall then publish the petitions,
response of the judges, and decisions of the board, including posting the information on
the legislative Web site.
new text end
Subd. 5.
Retirement status.
(a) A judge who is retired by the deleted text begin Supreme Courtdeleted text end new text begin
legislature for disabilitynew text end must be considered to have retired voluntarily.
(b) This section and section 490A.01 must not affect the right of a judge who is
suspended, retired, or removed hereunder from qualifying for any new text begin private new text end pension or
other new text begin private new text end retirement benefits to which the judge would otherwise be entitled by law
to receive.new text begin Judges removed by the Board on Judicial Standards are not eligible for state
funded pension or retirement benefits.
new text end
Subd. 6.
Eligibility for judicial office; practice law.
A judge removed by the
deleted text begin Supreme Courtdeleted text end new text begin boardnew text end is ineligible for any future service in a judicial office. deleted text begin The question
of the right of a removed judge to practice law in this state must be referred to the proper
authority for review.
deleted text end
deleted text begin Subd. 7. deleted text end
deleted text begin Supreme Court Rules. deleted text end
deleted text begin
The Supreme Court shall make rules to implement
this section.
deleted text end
Sec. 3.
Minnesota Statutes 2008, section 645.17, is amended to read:
645.17 PRESUMPTIONS IN ASCERTAINING LEGISLATIVE INTENT.
In ascertaining the intention of the legislature the courts may be guided by the
following presumptions:
(1) the legislature does not intend a result that is absurd, impossible of execution, or
unreasonable;
(2) the legislature intends the entire statute to be effective and certain;
(3) the legislature does not intend to violate the Constitution of the United States
or of this state;new text begin and
new text end
deleted text begin
(4) when a court of last resort has construed the language of a law, the legislature in
subsequent laws on the same subject matter intends the same construction to be placed
upon such language; and
deleted text end
deleted text begin (5)deleted text end new text begin (4)new text end the legislature intends to favor the public interest as against any private
interest.