HF 40

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

  1.1                          A bill for an act 
  1.2             proposing an amendment to the Minnesota Constitution, 
  1.3             article VI, sections 6, 7, and 8; changing the 
  1.4             procedure for judicial selection. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [CONSTITUTIONAL AMENDMENT.] 
  1.7      An amendment to the Minnesota Constitution, article VI, 
  1.8   sections 6, 7, and 8, is proposed to the people.  If the 
  1.9   amendment is adopted, section 6 will read as follows: 
  1.10     Sec. 6.  A judge of the supreme court, the court of appeals 
  1.11  or the district court shall not hold any office under the United 
  1.12  States except a commission in a reserve component of the 
  1.13  military forces of the United States and shall not hold any 
  1.14  other office under this state.  His term of office shall 
  1.15  terminate at the time he files as a candidate for an elective 
  1.16  office of the United States or for a nonjudicial office of this 
  1.17  state. 
  1.18  section 7 will read as follows: 
  1.19     Sec. 7.  Judges shall be appointed by the governor.  The 
  1.20  term of office of all judges shall be six three years and until 
  1.21  their successors are qualified.  They shall be elected by the 
  1.22  voters from the area which they are to serve in the manner 
  1.23  provided by law. 
  1.24  and section 8 will read as follows: 
  1.25     Sec. 8.  Whenever there is a vacancy in the office of judge 
  2.1   the governor shall appoint in the manner provided by law a 
  2.2   qualified person to fill the vacancy until a successor is 
  2.3   elected and qualified.  The successor shall be elected for a six 
  2.4   year term at the next general election occurring more than one 
  2.5   year after the appointment the end of the term of that office. 
  2.6      Sec. 2.  [SUBMISSION TO VOTERS.] 
  2.7      The proposed amendment must be submitted to the people at 
  2.8   the 2004 general election.  The question submitted must be: 
  2.9      "Shall the Minnesota Constitution be amended so that judges 
  2.10  are appointed by the governor for three-year terms instead of 
  2.11  being elected? 
  2.12                                     Yes .......
  2.13                                     No ........"
  2.14     Sec. 3.  [TRANSITION.] 
  2.15     The constitutional amendment in section 1, if approved by 
  2.16  the people, is effective for each judicial office when the term 
  2.17  for which a judge has been elected expires or when the office 
  2.18  becomes vacant for any other reason after the 2004 general 
  2.19  election.  The legislature shall make necessary statutory 
  2.20  changes as soon as possible after that election in order to 
  2.21  comply with the constitutional amendment.