HF 1735

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 IV, section 12; 
  1.4             article VI, sections 7 and 8; providing for 
  1.5             appointment and reappointment of judges by the 
  1.6             governor with advice and consent of the senate; 
  1.7             providing for recommendations regarding appointments 
  1.8             by a senate commission; providing for recommendations 
  1.9             regarding reappointments by the merit selection 
  1.10            commission; amending Minnesota Statutes 2002, sections 
  1.11            2.722, subdivision 4; 10A.01, subdivision 10; 204B.06, 
  1.12            subdivision 4; 204B.11, as amended; 204D.02, 
  1.13            subdivision 1; 204D.11, subdivision 5; 480.01, by 
  1.14            adding a subdivision; 480A.02, subdivisions 3, 5, by 
  1.15            adding a subdivision; 480B.01, subdivisions 1, 11, by 
  1.16            adding a subdivision; proposing coding for new law in 
  1.17            Minnesota Statutes, chapter 480B; repealing Minnesota 
  1.18            Statutes 2002, sections 204B.06, subdivision 6; 
  1.19            204B.34, subdivision 3; 204B.36, subdivisions 4, 5; 
  1.20            204D.11, subdivision 6; 480A.02, subdivisions 2, 4. 
  1.21  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.22                             ARTICLE 1
  1.23                      CONSTITUTIONAL AMENDMENT
  1.24     Section 1.  [CONSTITUTIONAL AMENDMENT.] 
  1.25     The following amendment to the Minnesota Constitution, 
  1.26  article IV, section 12, and article VI, sections 7 and 8, is 
  1.27  proposed to the people. 
  1.28     If the amendment is adopted, article IV, section 12, will 
  1.29  read: 
  1.30     Sec. 12.  The legislature shall meet at the seat of 
  1.31  government in regular session in each biennium at the times 
  1.32  prescribed by law for not exceeding a total of 120 legislative 
  1.33  days.  The legislature shall not meet in regular session, nor in 
  2.1   any adjournment thereof, after the first Monday following the 
  2.2   third Saturday in May of any year.  After meeting at a time 
  2.3   prescribed by law, the legislature may adjourn to another time.  
  2.4   "Legislative day" shall be defined by law.  A special session of 
  2.5   the legislature may be called by the governor on extraordinary 
  2.6   occasions.  A special session applicable only to the senate may 
  2.7   be called by the governor for the sole purpose of confirming or 
  2.8   rejecting a judicial appointment when a vacancy exists in the 
  2.9   office or will exist before the time that the senate is required 
  2.10  by law to confirm or reject the appointment.  
  2.11     Neither house during a session of the legislature shall 
  2.12  adjourn for more than three days (Sundays excepted) nor to any 
  2.13  other place than that in which the two houses shall be assembled 
  2.14  without the consent of the other house. 
  2.15     article VI, section 7, will read: 
  2.16     Sec. 7.  Judges shall be appointed by the governor with the 
  2.17  advice and consent of the senate.  A judge may not take office 
  2.18  until the appointment is confirmed by the senate.  A judge who 
  2.19  is reappointed may continue to serve while the appointment is 
  2.20  pending before the senate.  If the senate does not confirm or 
  2.21  reject an appointment, the judge may take office in the manner 
  2.22  provided by law.  The term of office of all judges shall be six 
  2.23  years from the first Monday in January of the year of their 
  2.24  confirmation and until their successors are qualified.  They 
  2.25  shall be elected by the voters from the area which they are to 
  2.26  serve in the manner provided by law. 
  2.27     and article VI, section 8, will read: 
  2.28     Sec. 8.  Whenever there is a vacancy in the office of judge 
  2.29  the governor shall appoint in the manner provided by law a 
  2.30  qualified person to fill the vacancy until a successor is 
  2.31  elected and qualified.  The successor shall be elected for a six 
  2.32  year term at the next general election occurring more than one 
  2.33  year after the appointment with the advice and consent of the 
  2.34  senate. 
  2.35     Sec. 2.  [SCHEDULE AND QUESTION.] 
  2.36     The amendment shall be submitted to the people at the 2004 
  3.1   general election.  If the amendment is adopted, the judges 
  3.2   elected or appointed before January 1, 2005, may complete the 
  3.3   terms provided by article VI before its amendment, or serve 
  3.4   until January 1, 2007, whichever period is longer.  Their 
  3.5   successors shall be appointed as provided by article VI, as 
  3.6   amended.  The question submitted shall be: 
  3.7      "Shall the Minnesota Constitution be amended to provide 
  3.8   that judges be appointed by the governor with the advice and 
  3.9   consent of the senate? 
  3.10                                     Yes .......
  3.11                                     No ........"
  3.12                             ARTICLE 2
  3.13                  CONFORMING STATUTORY AMENDMENTS
  3.14     Section 1.  Minnesota Statutes 2002, section 2.722, 
  3.15  subdivision 4, is amended to read: 
  3.16     Subd. 4.  [DETERMINATION OF A JUDICIAL VACANCY.] (a) When a 
  3.17  judge of the district court dies, resigns, retires, or is 
  3.18  removed from office, the Supreme Court, in consultation with 
  3.19  judges and attorneys in the affected district, shall determine 
  3.20  within 90 days of receiving notice of a vacancy from the 
  3.21  governor whether the vacant office is necessary for effective 
  3.22  judicial administration or is necessary for adequate access to 
  3.23  the courts.  In determining whether the position is necessary 
  3.24  for adequate access to the courts, the Supreme Court shall 
  3.25  consider whether abolition or transfer of the position would 
  3.26  result in a county having no chambered judge.  The Supreme Court 
  3.27  may continue the position, may order the position abolished, or 
  3.28  may transfer the position to a judicial district where need for 
  3.29  additional judges exists, designating the position as either a 
  3.30  county, county/municipal or district court judgeship.  The 
  3.31  Supreme Court shall certify any vacancy to the governor, who 
  3.32  shall fill it in the manner provided by law. 
  3.33     (b) At least 180 days before expiration of the judge's 
  3.34  term, a judge of district court shall notify the governor if the 
  3.35  judge intends to seek reappointment to the office.  If a judge 
  3.36  of district court fails to timely file an affidavit of candidacy 
  4.1   and filing fee or petition in lieu of a fee, the official with 
  4.2   whom the affidavits of candidacy are required to be filed notify 
  4.3   the governor of intent to seek reappointment, the governor shall 
  4.4   notify the Supreme Court that the incumbent judge is not seeking 
  4.5   reelection reappointment and the position may be abolished or 
  4.6   transferred under this paragraph.  Within five ten days of 
  4.7   receipt of the notice, the Supreme Court shall determine whether 
  4.8   the judicial position is necessary for effective judicial 
  4.9   administration or adequate access to the courts and notify the 
  4.10  official responsible for certifying the election 
  4.11  results governor of its determination.  In determining whether 
  4.12  the position is necessary for adequate access to the courts, the 
  4.13  Supreme Court shall consider whether abolition or transfer of 
  4.14  the position would result in a county having no chambered 
  4.15  judge.  The Supreme Court may continue the position, may order 
  4.16  the position abolished, or may transfer the position to a 
  4.17  judicial district where the need for additional judgeships 
  4.18  exists.  If the position is abolished or transferred, the 
  4.19  election may not be held.  If the position is transferred, the 
  4.20  court shall also notify the governor of the transfer.  Upon 
  4.21  continuation or transfer, the position is vacant and the 
  4.22  governor shall fill it in the manner provided by law.  An order 
  4.23  abolishing or transferring a position is effective the first 
  4.24  Monday in the next January. 
  4.25     Sec. 2.  Minnesota Statutes 2002, section 10A.01, 
  4.26  subdivision 10, is amended to read: 
  4.27     Subd. 10.  [CANDIDATE.] "Candidate" means an individual who 
  4.28  seeks nomination or election as a state constitutional 
  4.29  officer, or legislator, or judge.  An individual is deemed to 
  4.30  seek nomination or election if the individual has taken the 
  4.31  action necessary under the law of this state to qualify for 
  4.32  nomination or election, has received contributions or made 
  4.33  expenditures in excess of $100, or has given implicit or 
  4.34  explicit consent for any other person to receive contributions 
  4.35  or make expenditures in excess of $100, for the purpose of 
  4.36  bringing about the individual's nomination or election.  A 
  5.1   candidate remains a candidate until the candidate's principal 
  5.2   campaign committee is dissolved as provided in section 10A.24. 
  5.3      Sec. 3.  Minnesota Statutes 2002, section 204B.06, 
  5.4   subdivision 4, is amended to read: 
  5.5      Subd. 4.  [PARTICULAR OFFICES.] Candidates who seek 
  5.6   nomination for the following offices shall state the following 
  5.7   additional information on the affidavit:  
  5.8      (a) for United States senator, that the candidate will be 
  5.9   30 years of age or older and a citizen of the United States for 
  5.10  not less than nine years on the next January 3 or, in the case 
  5.11  of an election to fill a vacancy, within 21 days after the 
  5.12  special election; 
  5.13     (b) for United States representative, that the candidate 
  5.14  will be 25 years of age or older and a citizen of the United 
  5.15  States for not less than seven years on the next January 3 or, 
  5.16  in the case of an election to fill a vacancy, within 21 days 
  5.17  after the special election; 
  5.18     (c) for governor or lieutenant governor, that on the first 
  5.19  Monday of the next January the candidate will be 25 years of age 
  5.20  or older and, on the day of the state general election, a 
  5.21  resident of Minnesota for not less than one year; 
  5.22     (d) for Supreme Court justice, Court of Appeals judge, or 
  5.23  district court judge, that the candidate is learned in the law; 
  5.24     (e) for county, municipal, school district, or special 
  5.25  district office, that the candidate meets any other 
  5.26  qualifications for that office prescribed by law; and 
  5.27     (f) (e) for senator or representative in the legislature, 
  5.28  that on the day of the general or special election to fill the 
  5.29  office the candidate will have resided not less than one year in 
  5.30  the state and not less than six months in the legislative 
  5.31  district from which the candidate seeks election.  
  5.32     Sec. 4.  Minnesota Statutes 2002, section 204B.11, as 
  5.33  amended by Laws 2003, chapter 112, article 2, section 3, is 
  5.34  amended to read: 
  5.35     204B.11 [CANDIDATES; FILING FEES; PETITION IN PLACE OF 
  5.36  FILING FEE.] 
  6.1      Subdivision 1.  [AMOUNT; DISHONORED CHECKS; CONSEQUENCES.] 
  6.2   Except as provided by subdivision 2, a filing fee shall be paid 
  6.3   by each candidate who files an affidavit of candidacy.  The fee 
  6.4   shall be paid at the time the affidavit is filed.  The amount of 
  6.5   the filing fee shall vary with the office sought as follows: 
  6.6      (a) for the office of governor, lieutenant governor, 
  6.7   attorney general, state auditor, secretary of state, or 
  6.8   representative in Congress, judge of the Supreme Court, judge of 
  6.9   the Court of Appeals, or judge of the district court, $300; 
  6.10     (b) for the office of senator in Congress, $400; 
  6.11     (c) for office of senator or representative in the 
  6.12  legislature, $100; 
  6.13     (d) for a county office, $50; and 
  6.14     (e) for the office of soil and water conservation district 
  6.15  supervisor, $20. 
  6.16     For the office of presidential elector, and for those 
  6.17  offices for which no compensation is provided, no filing fee is 
  6.18  required. 
  6.19     The filing fees received by the county auditor shall 
  6.20  immediately be paid to the county treasurer.  The filing fees 
  6.21  received by the secretary of state shall immediately be paid to 
  6.22  the commissioner of finance. 
  6.23     When an affidavit of candidacy has been filed with the 
  6.24  appropriate filing officer and the requisite filing fee has been 
  6.25  paid, the filing fee shall not be refunded.  If a candidate's 
  6.26  filing fee is paid with a check, draft, or similar negotiable 
  6.27  instrument for which sufficient funds are not available or that 
  6.28  is dishonored, notice to the candidate of the worthless 
  6.29  instrument must be sent by the filing officer via registered 
  6.30  mail no later than immediately upon the closing of the filing 
  6.31  deadline with return receipt requested.  The candidate will have 
  6.32  five days from the time the filing officer receives proof of 
  6.33  receipt to issue a check or other instrument for which 
  6.34  sufficient funds are available.  The candidate issuing the 
  6.35  worthless instrument is liable for a service charge pursuant to 
  6.36  section 604.113.  If adequate payment is not made, the name of 
  7.1   the candidate must not appear on any official ballot and the 
  7.2   candidate is liable for all costs incurred by election officials 
  7.3   in removing the name from the ballot. 
  7.4      Subd. 2.  [PETITION IN PLACE OF FILING FEE.] At the time of 
  7.5   filing an affidavit of candidacy, a candidate may present a 
  7.6   petition in place of the filing fee.  The petition may be signed 
  7.7   by any individual eligible to vote for the candidate.  A 
  7.8   nominating petition filed pursuant to section 204B.07 or 
  7.9   204B.13, subdivision 4, is effective as a petition in place of a 
  7.10  filing fee if the nominating petition includes a prominent 
  7.11  statement informing the signers of the petition that it will be 
  7.12  used for that purpose.  
  7.13     The number of signatures on a petition in place of a filing 
  7.14  fee shall be as follows:  
  7.15     (a) for a state office voted on statewide, or for president 
  7.16  of the United States, or United States senator, 2,000; 
  7.17     (b) for a congressional office, 1,000; 
  7.18     (c) for a county or legislative office, or for the office 
  7.19  of district judge, 500; and 
  7.20     (d) for any other office which requires a filing fee as 
  7.21  prescribed by law, municipal charter, or ordinance, the lesser 
  7.22  of 500 signatures or five percent of the total number of votes 
  7.23  cast in the municipality, ward, or other election district at 
  7.24  the preceding general election at which that office was on the 
  7.25  ballot.  
  7.26     An official with whom petitions are filed shall make sample 
  7.27  forms for petitions in place of filing fees available upon 
  7.28  request.  
  7.29     Sec. 5.  Minnesota Statutes 2002, section 204D.02, 
  7.30  subdivision 1, is amended to read: 
  7.31     Subdivision 1.  [OFFICERS.] All elective state and county 
  7.32  officers, justices of the Supreme Court, judges of the Court of 
  7.33  Appeals and district court, state senators and state 
  7.34  representatives, and senators and representatives in Congress 
  7.35  shall be elected at the state general election held in the year 
  7.36  before their terms of office expire.  Presidential electors 
  8.1   shall be chosen at the state general election held in the year 
  8.2   before the expiration of a term of a president of the United 
  8.3   States.  
  8.4      Sec. 6.  Minnesota Statutes 2002, section 204D.11, 
  8.5   subdivision 5, is amended to read: 
  8.6      Subd. 5.  [BALLOT HEADINGS.] The white, pink and special 
  8.7   federal white ballot shall be headed with the words "State 
  8.8   General Election Ballot."  The canary ballot shall be headed 
  8.9   with the words "County and Judicial Nonpartisan General Election 
  8.10  Ballot."  
  8.11     Sec. 7.  Minnesota Statutes 2002, section 480.01, is 
  8.12  amended by adding a subdivision to read: 
  8.13     Subd. 3.  [NOTICE OF INTENT TO SEEK REAPPOINTMENT.] At 
  8.14  least 180 days before expiration of a justice's term, the 
  8.15  justice must notify the governor if the justice intends to seek 
  8.16  reappointment to the office.  If a justice fails to timely 
  8.17  notify the governor of intent to seek reappointment, the 
  8.18  position is considered vacant.  
  8.19     Sec. 8.  Minnesota Statutes 2002, section 480A.02, 
  8.20  subdivision 3, is amended to read: 
  8.21     Subd. 3.  [ELIGIBILITY.] By January 1, 1984, one seat on 
  8.22  the court shall be designated for each congressional district. 
  8.23  Only persons who have resided in that congressional district for 
  8.24  at least one year shall be eligible for election or appointment 
  8.25  to that seat.  A judge who is elected or appointed to a 
  8.26  congressional district seat shall continue to be eligible for 
  8.27  that seat without regard to any subsequent change of residence.  
  8.28  All other seats shall be without restriction as to residence.  
  8.29     Sec. 9.  Minnesota Statutes 2002, section 480A.02, 
  8.30  subdivision 5, is amended to read: 
  8.31     Subd. 5.  [DESIGNATION OF JUDGES.] After each 
  8.32  reapportionment, the chief judge shall designate a judge for 
  8.33  each of the new congressional districts.  The chief judge shall 
  8.34  first redesignate the incumbent judges serving for the old 
  8.35  congressional districts.  If only one of them was, at the time 
  8.36  of original election or appointment, resident at a place within 
  9.1   a new congressional district, that judge shall be designated as 
  9.2   serving for that district.  If two or more of them were 
  9.3   residents at the time of initial election or appointment in 
  9.4   places which are within the same new congressional district, the 
  9.5   judge whose district was in the opinion of the chief judge most 
  9.6   substantially related to the new district shall be designated as 
  9.7   serving for the new district and the other shall be designated 
  9.8   as serving at large.  If there is then any new congressional 
  9.9   district for which there is no designated judge, but there is an 
  9.10  incumbent at-large judge who was resident within that territory 
  9.11  at the time of initial election or appointment, that judge, or 
  9.12  the senior of them, if there is more than one, shall be assigned 
  9.13  to the district seat.  If there then remains any new 
  9.14  congressional district for which there is no designated judge, 
  9.15  there shall be no judge designated to serve from that district 
  9.16  until the next at-large vacancy arising by death, retirement, 
  9.17  resignation, or removal, which shall be filled by appointment of 
  9.18  a person from that congressional district.  
  9.19     Sec. 10.  Minnesota Statutes 2002, section 480A.02, is 
  9.20  amended by adding a subdivision to read: 
  9.21     Subd. 6a.  [NOTICE OF INTENT TO SEEK REAPPOINTMENT.] At 
  9.22  least 180 days before expiration of a judge's term, the judge 
  9.23  must notify the governor if the judge intends to seek 
  9.24  reappointment to the office.  If a judge fails to timely notify 
  9.25  the governor of intent to seek reappointment, the position is 
  9.26  considered vacant.  
  9.27     Sec. 11.  Minnesota Statutes 2002, section 480B.01, 
  9.28  subdivision 1, is amended to read: 
  9.29     Subdivision 1.  [JUDICIAL VACANCIES.] If a judge of the 
  9.30  district court or Workers' Compensation Court of Appeals dies, 
  9.31  resigns, retires, or is removed during the judge's term of 
  9.32  office, or fails to notify the governor of intent to seek 
  9.33  reappointment, or if a new district or Workers' Compensation 
  9.34  Court of Appeals judgeship is created, the resulting vacancy 
  9.35  must be filled by the governor as provided in this section. 
  9.36     Sec. 12.  Minnesota Statutes 2002, section 480B.01, 
 10.1   subdivision 11, is amended to read: 
 10.2      Subd. 11.  [NOMINEES TO GOVERNOR.] Within 60 days after the 
 10.3   receipt of a notice of a judicial vacancy, the committee shall 
 10.4   recommend to the governor no fewer than three and no more than 
 10.5   five nominees for each judicial vacancy.  The names of the 
 10.6   nominees must be made public.  The governor may appoint a person 
 10.7   to fill the vacancy from the nominees recommended by the 
 10.8   commission.  If the governor declines to select appoint a 
 10.9   nominee to fill the vacancy from the list of nominees, or if no 
 10.10  list is submitted to the governor under this subdivision, the 
 10.11  governor may select appoint a person to fill the vacancy without 
 10.12  regard to the commission's recommendation.  If fewer than 60 
 10.13  days remain in the term of office of a governor who will not 
 10.14  succeed to another term, the governor may appoint a person to 
 10.15  fill a vacancy without waiting for the commission to recommend a 
 10.16  list of nominees. 
 10.17     Sec. 13.  Minnesota Statutes 2002, section 480B.01, is 
 10.18  amended by adding a subdivision to read: 
 10.19     Subd. 13.  [RECOMMENDATION REGARDING JUDICIAL 
 10.20  REAPPOINTMENT.] Within ten days after the governor is notified 
 10.21  that a judge of the district court intends to seek 
 10.22  reappointment, the governor shall give notice of the intent to 
 10.23  seek reappointment to the chair of the commission on judicial 
 10.24  selection.  A meeting of the commission to interview the judge 
 10.25  and make a recommendation to the governor regarding 
 10.26  reappointment must be held not less than 21 days nor more than 
 10.27  42 days after the governor provides the notice.  Within 60 days 
 10.28  after receipt of the notice, the commission shall make a 
 10.29  recommendation to the governor regarding whether the judge 
 10.30  should be reappointed to the position.  
 10.31     Sec. 14.  [480B.02] [SENATE COMMISSION ON JUDICIAL 
 10.32  CONFIRMATION.] 
 10.33     Subdivision 1.  [COMMISSION ESTABLISHED.] The senate 
 10.34  commission on judicial confirmation consists of 14 members of 
 10.35  the senate.  Eight members of the commission must be appointed 
 10.36  by the majority leader of the senate and six members of the 
 11.1   commission must be appointed by the minority leader of the 
 11.2   senate.  
 11.3      Subd. 2.  [POWERS AND DUTIES.] The commission shall make 
 11.4   recommendations to the senate regarding confirmation of judicial 
 11.5   appointments made by the governor.  The commission shall make 
 11.6   its recommendations within 90 days of an appointment by the 
 11.7   governor.  If the commission does not make a recommendation 
 11.8   within 90 days, the confirmation may be considered by the full 
 11.9   senate, provided that if the appointment by the governor is made 
 11.10  during the last 60 days of a regular session, the recommendation 
 11.11  of the commission may be postponed until the beginning of the 
 11.12  next regular or special session at which the appointment must be 
 11.13  considered.  
 11.14     Subd. 3.  [PUBLIC PARTICIPATION.] The commission shall 
 11.15  provide for public notice and comment on judicial appointments.  
 11.16  At least one public hearing must be held for each judicial 
 11.17  nominee.  For district court appointments, notice of the hearing 
 11.18  must be given in a newspaper of general circulation in each 
 11.19  county in the district.  The commission may hold the public 
 11.20  hearing for district court appointments in the district. 
 11.21     Sec. 15.  [480B.03] [EFFECT OF FAILURE OF SENATE TO ACT ON 
 11.22  CONFIRMATION.] 
 11.23     (a) A judge is considered to be confirmed by the senate if 
 11.24  the senate fails to confirm or reject the appointment as 
 11.25  provided in this section. 
 11.26     (b) If the recommendation of the senate commission on 
 11.27  judicial selection is made during a regular legislative session, 
 11.28  the appointment must be confirmed or rejected during that 
 11.29  session, unless it is made during the last ten calendar days of 
 11.30  the session. 
 11.31     (c) If the recommendation is made during the last ten days 
 11.32  of a regular session, the senate may confirm or reject the 
 11.33  appointment during that session or postpone action to the next 
 11.34  regular session, unless the governor convenes a special session 
 11.35  as provided in paragraph (e). 
 11.36     (d) If the recommendation of the commission is made while 
 12.1   the legislature is not in regular session, the appointment must 
 12.2   be confirmed or rejected at the next regular legislative session 
 12.3   beginning after the appointment, unless the governor convenes a 
 12.4   special session as provided in paragraph (e). 
 12.5      (e) If the governor convenes a special session of the 
 12.6   senate for the purpose of confirming or rejecting an 
 12.7   appointment, the appointment must be confirmed or rejected 
 12.8   during that special session.  
 12.9      Sec. 16.  [REPEALER.] 
 12.10     Minnesota Statutes 2002, sections 204B.06, subdivision 6; 
 12.11  204B.34, subdivision 3; 204B.36, subdivisions 4 and 5; 204D.11, 
 12.12  subdivision 6; and 480A.02, subdivisions 2 and 4, are repealed. 
 12.13     Sec. 17.  [EFFECTIVE DATE; TRANSITION.] 
 12.14     This article is effective upon ratification of the 
 12.15  constitutional amendment in article 1.