HF 3623

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to courts; authorizing cities of the first 
  1.3             class to establish city courts; prescribing the 
  1.4             jurisdiction of city courts and the qualifications of 
  1.5             city judges; providing for appeal de novo to district 
  1.6             court; proposing coding for new law as Minnesota 
  1.7             Statutes, chapter 488B. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  [488B.01] [CITY COURTS; AUTHORIZATION.] 
  1.10     A city of the first class may, by ordinance or home rule 
  1.11  charter amendment, establish a city court with the jurisdiction 
  1.12  and powers described in this chapter.  A city that establishes a 
  1.13  city court is responsible for paying for its operations.  If 
  1.14  established, the city court is a court of record with a court 
  1.15  administrator and a seal. 
  1.16     Sec. 2.  [488B.02] [POWERS OF CITY COURT; TERRITORIAL 
  1.17  JURISDICTION.] 
  1.18     Except as otherwise provided in this chapter, the city 
  1.19  court has all the powers of the district courts of this state 
  1.20  and is subject to the same rules of court that govern the 
  1.21  district courts of this state.  The city court may issue all 
  1.22  civil and criminal process necessary or proper to enforce and 
  1.23  effectuate its jurisdiction and determinations.  The court's 
  1.24  territorial jurisdiction is coextensive with and limited to the 
  1.25  city's boundaries. 
  1.26     Sec. 3.  [488B.03] [CRIMINAL AND CIVIL JURISDICTION.] 
  2.1      Subdivision 1.  [JURISDICTION.] A city court established 
  2.2   under this chapter has subject matter jurisdiction to hear, try, 
  2.3   and determine: 
  2.4      (1) any charge of a violation of any ordinance, charter 
  2.5   provision, rule, or regulation adopted by the city that is 
  2.6   punishable by a civil penalty, a petty misdemeanor fine, or a 
  2.7   criminal misdemeanor penalty; and 
  2.8      (2) any charge of a violation of any state law committed 
  2.9   within the city's boundaries that is punishable by a petty 
  2.10  misdemeanor, misdemeanor, or gross misdemeanor penalty, if a 
  2.11  majority of the judges of the district court of the county where 
  2.12  the city is located agrees to this delegation of jurisdiction. 
  2.13     Subd. 2.  [RIGHT TO JURY.] A person has a right to a trial 
  2.14  by jury in city court if the person is charged with violating a 
  2.15  law or ordinance that is punishable by incarceration.  The size, 
  2.16  selection, and qualifications of jurors in city court 
  2.17  proceedings are governed by the laws and rules applicable to 
  2.18  district court proceedings. 
  2.19     Sec. 4.  [488B.04] [JUDGES.] 
  2.20     Subdivision 1.  [NUMBER OF JUDGES.] If the city council 
  2.21  determines that there will be two city court judges, one shall 
  2.22  be designated the city judge and the other may be designated the 
  2.23  special city judge.  If a special city judge is designated, the 
  2.24  judge shall act only in the absence, disability, or 
  2.25  disqualification of the city judge.  If the city council 
  2.26  determines that there will be more than two city judges, the 
  2.27  judges shall select one of their number as the chief city judge 
  2.28  who shall be responsible for assigning to the judges the work of 
  2.29  the court.  If there are only two judges and one is not 
  2.30  designated a special city judge, the city council shall 
  2.31  designate one as the chief city judge. 
  2.32     Subd. 2.  [QUALIFICATIONS.] Each city judge shall be 
  2.33  learned in the law and be a resident of the city in which the 
  2.34  city court has jurisdiction.  Before exercising any of the 
  2.35  duties of office, each judge shall take and subscribe an oath in 
  2.36  the form prescribed by law for judicial officers and the oath 
  3.1   shall be filed in the office of the secretary of state. 
  3.2      Subd. 3.  [ELECTION; APPOINTMENT.] (a) Each city judge 
  3.3   shall be elected at a regular city election and shall serve for 
  3.4   a term of six years, beginning on the first Monday of the month 
  3.5   following the election, or until a successor is qualified. 
  3.6      (b) When a new city court is organized more than 90 days 
  3.7   prior to a regular city election, or whenever there is a vacancy 
  3.8   in the office of city judge, the governor shall appoint a 
  3.9   qualified person to fill the vacancy in the manner provided by 
  3.10  law for filling district judge vacancies. 
  3.11     Subd. 4.  [SALARY.] The salary of a city judge shall be set 
  3.12  by the city council. 
  3.13     Subd. 5.  [POWERS.] A city judge or special city judge has 
  3.14  the powers of judges of courts of record and all other powers 
  3.15  necessary to administer the city court.  City judges may adopt 
  3.16  city court rules consistent with the authority provided under 
  3.17  this chapter. 
  3.18     Subd. 6.  [LIMITATIONS.] A city judge, other than a special 
  3.19  city judge, is prohibited from appearing or acting for a party 
  3.20  in any proceeding in the city court.  A special city judge may 
  3.21  practice in the city court; however, the judge shall not preside 
  3.22  over any proceeding in which the judge has any direct or 
  3.23  indirect interest. 
  3.24     Sec. 5.  [488B.05] [OTHER JUDICIAL OFFICERS.] 
  3.25     Subdivision 1.  [COURT ADMINISTRATOR.] The city judge or, 
  3.26  if there are two or more judges, the chief judge of the city 
  3.27  court shall appoint a court administrator and any deputy court 
  3.28  administrators that the court may require.  The court 
  3.29  administrator and deputy administrators serve at the pleasure of 
  3.30  the appointing judge and are subject to the same laws and rules 
  3.31  that govern district court administrators. 
  3.32     Subd. 2.  [OTHER COURT EMPLOYEES.] The city council may 
  3.33  appoint one or more court employees to perform the functions of 
  3.34  court bailiff and court reporter and to serve process and other 
  3.35  court papers issued by the city court. 
  3.36     Sec. 6.  [488B.06] [FEES AND COSTS.] 
  4.1      The fees described in chapter 357 relating to judicial 
  4.2   proceedings apply, where applicable, to similar proceedings 
  4.3   filed in city court, except that the fees shall be deposited in 
  4.4   the city treasury. 
  4.5      Sec. 7.  [488B.07] [APPEALS.] 
  4.6      Subdivision 1.  [APPEAL TO DISTRICT COURT.] A party to a 
  4.7   city court proceeding who is aggrieved by the court's final 
  4.8   decision may appeal the decision within 30 days to the district 
  4.9   court in the county where the city court is located.  Upon 
  4.10  appeal, the district court shall hear, try, and determine the 
  4.11  matter de novo. 
  4.12     Subd. 2.  [APPEAL TO COURT OF APPEALS.] Decisions of the 
  4.13  district court in cases originating in a city court may be 
  4.14  appealed to the court of appeals in the manner otherwise 
  4.15  provided by law.