SF 324

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to judges; proposing an amendment to the Minnesota Constitution, article
IV, section 12; article VI, sections 1, 7, and 8; eliminating judicial elections;
providing for initial appointment of judges by the governor with the advice and
consent of the senate; providing for recommendations regarding appointments by
a senate committee and expanding and modifying the duties of the commission
on judicial selection; establishing procedures for reappointment of judges;
amending Minnesota Statutes 2006, sections 2.722, subdivision 4; 3.011; 10A.01,
subdivision 10; 175A.01, subdivision 2; 204B.06, subdivision 4a; 204B.11;
204D.02, subdivision 1; 204D.11, subdivision 5; 271.01, subdivision 1; 480A.02,
subdivisions 3, 5; 480B.01, subdivisions 1, 3, 7, 8, 9, 10, 11; proposing coding
for new law in Minnesota Statutes, chapters 10; 480B; repealing Minnesota
Statutes 2006, sections 204B.06, subdivision 6; 204B.34, subdivision 3; 204B.36,
subdivisions 4, 5; 204D.11, subdivision 6; 480A.02, subdivisions 2, 4.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

CONSTITUTIONAL AMENDMENT

Section 1. new text begin CONSTITUTIONAL AMENDMENT PROPOSED.
new text end

new text begin An amendment to the Minnesota Constitution is proposed to the people. If the
amendment is adopted, article IV, section 12, will read:
new text end

Sec. 12.

The legislature shall meet at the seat of government in regular session in each
biennium at the times prescribed by law for not exceeding a total of 120 legislative days.
The legislature shall not meet in regular session, nor in any adjournment thereof, after the
first Monday following the third Saturday in May of any year. After meeting at a time
prescribed by law, the legislature may adjourn to another time. "Legislative day" shall
be defined by law. A special session of the legislature may be called by the governor on
extraordinary occasions. new text begin A session applicable only to the senate may be called when the
legislature is not meeting in a regular or special session for the sole purpose of confirming
or rejecting a judicial appointment if a vacancy exists or will exist in a judicial office, or if
the term of a judge seeking reappointment will expire, before the time that the legislature
will meet in a regular session. This session may be called by the presiding officer of the
senate or in a manner provided for under senate rules. new text end

Neither house during a session of the legislature shall adjourn for more than three
days (Sundays excepted) nor to any other place than that in which the two houses shall be
assembled without the consent of the other house.

new text begin article VI, section 1, will read:
new text end

Section 1.

The judicial power of the state is vested in a supreme court, a court of
appeals, if established by the legislature, a district court and such other courts, judicial
officers new text begin , new text end and commissioners with jurisdiction inferior to the district court as new text begin established by
new text end the legislature deleted text begin may establish deleted text end new text begin , and courts with special subject matter jurisdiction created as
independent agencies of the executive branch, if established by the legislature new text end .

new text begin article VI, section 7, will read:
new text end

Sec. 7.

The term of office of deleted text begin all deleted text end judges shall be deleted text begin six years and until their successors are
qualified. They shall be elected by the voters from the area which they are to serve in the
manner provided deleted text end new text begin established new text end by law new text begin , but no less than six years new text end .

new text begin article VI, section 8, will read:
new text end

Sec. 8.

new text begin (a) new text end Whenever there is a vacancy in the office of judge the governor shall appoint
in the manner provided by law a qualified person to fill the vacancy deleted text begin until a successor is
elected and qualified. The successor shall be elected for a six year term at the next general
election occurring more than one year after the appointment deleted text end new text begin , subject to confirmation by
the senate. A judge may not take office until the appointment is confirmed by the senate as
provided for in this section new text end .

new text begin (b) At least 180 days before expiration of the judge's term, a judge who seeks
reappointment shall notify the governor and the senate that the judge is seeking
reappointment. If the judge does not provide this notice, the position is considered vacant.
The senate shall confirm or reject a reappointment in the manner provided for by law
without reappointment by the governor. A judge who is in office may continue to serve
while the reappointment is pending before the senate.
new text end

new text begin (c) A judge is considered to be confirmed by the senate if the senate fails to confirm
or reject the appointment during the time provided for in this section. The senate shall
confirm or reject the appointment of a judge to a vacant office within 90 days after the
person is nominated by the governor, provided that the running of this time period is
suspended during any time that the legislature is in regular or special session. If a judge
seeks reappointment, the senate may confirm or reject the reappointment at any time
before the judge's term expires. If the senate does not reject a reappointment within that
time, the judge will remain in office for an additional term.
new text end

Sec. 2. new text begin SUBMISSION TO VOTERS.
new text end

new text begin The proposed amendment must be submitted to the people at the 2008 general
election. The question submitted must be:
new text end

new text begin "Shall the Minnesota Constitution be amended to eliminate judicial elections and
provide that judges be initially appointed by the governor, with confirmation by the
Minnesota Senate and reappointment by the senate for additional terms?
new text end

new text begin Yes ....... new text end

new text begin No ......." new text end

ARTICLE 2

CONFORMING STATUTORY AMENDMENTS

Section 1.

Minnesota Statutes 2006, section 2.722, subdivision 4, is amended to read:

Subd. 4.

Determination of a judicial vacancy.

(a) When a judge of the district
court dies, resigns, retires, or is removed from office, the Supreme Court, in consultation
with judges and attorneys in the affected district, shall determine within 90 days of
receiving notice of a vacancy from the governor whether the vacant office is necessary
for effective judicial administration or is necessary for adequate access to the courts.
In determining whether the position is necessary for adequate access to the courts, the
Supreme Court shall consider whether abolition or transfer of the position would result in
a county having no chambered judge. The Supreme Court may continue the position, may
order the position abolished, or may transfer the position to a judicial district where need
for additional judges exists deleted text begin , designating the position as either a county, county/municipal
or district court judgeship deleted text end . The Supreme Court shall certify any vacancy to the governor,
who shall fill it in the manner provided by law.

(b) If a judge of district court fails to timely deleted text begin file an affidavit of candidacy and filing
fee or petition in lieu of a fee, the official with whom the affidavits of candidacy are
required to be filed deleted text end new text begin notify the governor of intent to seek reappointment, the governor new text end shall
notify the Supreme Court that the incumbent judge is not seeking deleted text begin reelection deleted text end new text begin reappointment
and the position may be abolished or transferred under this paragraph new text end . Within deleted text begin five deleted text end new text begin ten new text end days
of receipt of the notice, the Supreme Court shall determine whether the judicial position is
necessary for effective judicial administration or adequate access to the courts and notify
the deleted text begin official responsible for certifying the election results deleted text end new text begin governor new text end of its determination.
In determining whether the position is necessary for adequate access to the courts, the
Supreme Court shall consider whether abolition or transfer of the position would result
in a county having no chambered judge. The Supreme Court may continue the position,
may order the position abolished, or may transfer the position to a judicial district where
the need for additional judgeships exists. deleted text begin If the position is abolished or transferred, the
election may not be held. If the position is transferred, the court shall also notify the
governor of the transfer. deleted text end Upon new text begin continuation or new text end transfer, the position is vacant and the
governor shall fill it in the manner provided by law. An order abolishing or transferring a
position is effective the first Monday in the next January.

Sec. 2.

Minnesota Statutes 2006, section 3.011, is amended to read:

3.011 SESSIONS.

new text begin Subdivision 1. new text end

new text begin General. new text end

The legislature shall meet at the seat of government on the
first Tuesday after the first Monday in January of each odd-numbered year. When the first
Monday in January falls on January 1, it shall meet on the first Wednesday after the first
Monday. It shall also meet when called by the governor to meet in special session.

new text begin Subd. 2. new text end

new text begin Senate confirmation or rejection of judicial appointments. new text end

new text begin The senate
shall meet at the seat of government at times other than those specified in subdivision 1, as
called by the presiding officer of the senate or under rules of the senate, as necessary for
the sole purpose of confirming or rejecting judicial appointments made by the governor or
for considering reappointments.
new text end

Sec. 3.

new text begin [10.49] TERMS OF JUDGES.
new text end

new text begin Except as otherwise provided for under law, the term of office of judges subject
to article VI of the Minnesota Constitution is ten years. If a judge is appointed to fill
a vacancy, this term begins to run on the Tuesday after the first Monday in January
occurring after the judge is appointed. If a judge is reappointed, the term begins to run
after expiration of the judge's previous term.
new text end

Sec. 4.

Minnesota Statutes 2006, section 10A.01, subdivision 10, is amended to read:

Subd. 10.

Candidate.

"Candidate" means an individual who seeks nomination or
election as a state constitutional officer deleted text begin , deleted text end new text begin or new text end legislator deleted text begin , or judge deleted text end . An individual is deemed
to seek nomination or election if the individual has taken the action necessary under
the law of this state to qualify for nomination or election, has received contributions or
made expenditures in excess of $100, or has given implicit or explicit consent for any
other person to receive contributions or make expenditures in excess of $100, for the
purpose of bringing about the individual's nomination or election. A candidate remains
a candidate until the candidate's principal campaign committee is dissolved as provided
in section 10A.24.

Sec. 5.

Minnesota Statutes 2006, section 175A.01, subdivision 2, is amended to read:

Subd. 2.

Appointment; terms; limitation.

Each judge of the Workers'
Compensation Court of Appeals shall be appointed deleted text begin by the governor, by and with the
advice and consent of the senate, for a term of six years commencing at the expiration of
the preceding term. Any vacancy shall be filled by the governor for the unexpired term,
subject to confirmation by the senate deleted text end new text begin as provided for under the law applicable to judges in
the judicial branch new text end . The terms of the judges shall expire on the first Monday in January of
the year in which they expire. The terms of the judges shall be staggered.

Sec. 6.

Minnesota Statutes 2006, section 204B.06, subdivision 4a, is amended to read:

Subd. 4a.

State and local offices.

Candidates who seek nomination for the
following offices shall state the following additional information on the affidavit:

(1) for governor or lieutenant governor, that on the first Monday of the next January
the candidate will be 25 years of age or older and, on the day of the state general election,
a resident of Minnesota for not less than one year;

(2) deleted text begin for Supreme Court justice, Court of Appeals judge, or district court judge, that
the candidate is learned in the law;
deleted text end

deleted text begin (3) deleted text end for county, municipal, school district, or special district office, that the candidate
meets any other qualifications for that office prescribed by law;

deleted text begin (4) deleted text end new text begin (3) new text end for senator or representative in the legislature, that on the day of the general
or special election to fill the office the candidate will have resided not less than one year in
the state and not less than six months in the legislative district from which the candidate
seeks election.

Sec. 7.

Minnesota Statutes 2006, section 204B.11, is amended to read:

204B.11 CANDIDATES; FILING FEES; PETITION IN PLACE OF FILING
FEE.

Subdivision 1.

Amount; dishonored checks; consequences.

Except as provided
by subdivision 2, a filing fee shall be paid by each candidate who files an affidavit of
candidacy. The fee shall be paid at the time the affidavit is filed. The amount of the filing
fee shall vary with the office sought as follows:

(a) for the office of governor, lieutenant governor, attorney general, state auditor,
secretary of state, representative in Congress, deleted text begin judge of the Supreme Court, judge of the
Court of Appeals, or judge of the district court, deleted text end $300;

(b) for the office of senator in Congress, $400;

(c) for office of senator or representative in the legislature, $100;

(d) for a county office, $50; and

(e) for the office of soil and water conservation district supervisor, $20.

For the office of presidential elector, and for those offices for which no compensation
is provided, no filing fee is required.

The filing fees received by the county auditor shall immediately be paid to the
county treasurer. The filing fees received by the secretary of state shall immediately
be paid to the commissioner of finance.

When an affidavit of candidacy has been filed with the appropriate filing officer and
the requisite filing fee has been paid, the filing fee shall not be refunded. If a candidate's
filing fee is paid with a check, draft, or similar negotiable instrument for which sufficient
funds are not available or that is dishonored, notice to the candidate of the worthless
instrument must be sent by the filing officer via registered mail no later than immediately
upon the closing of the filing deadline with return receipt requested. The candidate will
have five days from the time the filing officer receives proof of receipt to issue a check
or other instrument for which sufficient funds are available. The candidate issuing the
worthless instrument is liable for a service charge pursuant to section 604.113. If adequate
payment is not made, the name of the candidate must not appear on any official ballot and
the candidate is liable for all costs incurred by election officials in removing the name
from the ballot.

Subd. 2.

Petition in place of filing fee.

At the time of filing an affidavit of
candidacy, a candidate may present a petition in place of the filing fee. The petition may
be signed by any individual eligible to vote for the candidate. A nominating petition filed
pursuant to section 204B.07 or 204B.13, subdivision 4, is effective as a petition in place of
a filing fee if the nominating petition includes a prominent statement informing the signers
of the petition that it will be used for that purpose.

The number of signatures on a petition in place of a filing fee shall be as follows:

(a) for a state office voted on statewide, or for president of the United States, or
United States senator, 2,000;

(b) for a congressional office, 1,000;

(c) for a county or legislative office, deleted text begin or for the office of district judge, deleted text end 500; and

(d) for any other office which requires a filing fee as prescribed by law, municipal
charter, or ordinance, the lesser of 500 signatures or five percent of the total number of
votes cast in the municipality, ward, or other election district at the preceding general
election at which that office was on the ballot.

An official with whom petitions are filed shall make sample forms for petitions in
place of filing fees available upon request.

Sec. 8.

Minnesota Statutes 2006, section 204D.02, subdivision 1, is amended to read:

Subdivision 1.

Officers.

All elective state and county officers, deleted text begin justices of the
Supreme Court, judges of the Court of Appeals and district court, deleted text end state senators and state
representatives, and senators and representatives in Congress shall be elected at the state
general election held in the year before their terms of office expire. Presidential electors
shall be chosen at the state general election held in the year before the expiration of a
term of a president of the United States.

Sec. 9.

Minnesota Statutes 2006, section 204D.11, subdivision 5, is amended to read:

Subd. 5.

Ballot headings.

The white, pink, and special federal white ballot shall be
headed with the words "State General Election Ballot." The canary ballot shall be headed
with the words "County deleted text begin and Judicial Nonpartisan deleted text end General Election Ballot."

Sec. 10.

Minnesota Statutes 2006, section 271.01, subdivision 1, is amended to read:

Subdivision 1.

Membership, appointment, qualifications.

There is hereby created
a Tax Court as an independent agency of the executive branch of the government. The Tax
Court is a court of record. The Tax Court shall consist of three judges, each of whom shall
be a citizen of the state, appointed deleted text begin by the governor, by and with the advice and consent of
the senate, for a term of six years commencing at the expiration of the preceding term.
Any vacancy shall be filled by the governor for the unexpired term, subject to confirmation
by the senate deleted text end new text begin as provided for under the law applicable to judges in the judicial branch new text end . The
terms of the judges shall end on the first Monday in January. The terms of the judges shall
be staggered, the term of one judge expiring on the first Monday of each odd-numbered
year. Judges may serve until their successors are appointed and qualify. They shall be
selected on the basis of their experience with and knowledge of taxation and tax laws. The
judges of the Tax Court shall be subject to the provisions of the Minnesota Constitution,
article VI, section 6, the jurisdiction of the commission on judicial standards, as provided
in sections 490A.01 and 490A.02, and the provisions of the Code of Judicial Conduct.

Sec. 11.

Minnesota Statutes 2006, section 480A.02, subdivision 3, is amended to read:

Subd. 3.

Eligibility.

By January 1, 1984, one seat on the court shall be designated
for each congressional district. Only persons who have resided in that congressional
district for at least one year shall be eligible for deleted text begin election or deleted text end appointment to that seat. A
judge who is deleted text begin elected or deleted text end appointed to a congressional district seat shall continue to be
eligible for that seat without regard to any subsequent change of residence. All other seats
shall be without restriction as to residence.

Sec. 12.

Minnesota Statutes 2006, section 480A.02, subdivision 5, is amended to read:

Subd. 5.

Designation of judges.

After each reapportionment, the chief judge shall
designate a judge for each of the new congressional districts. The chief judge shall first
redesignate the incumbent judges serving for the old congressional districts. If only one
of them was, at the time of original deleted text begin election or deleted text end appointment, resident at a place within a
new congressional district, that judge shall be designated as serving for that district. If
two or more of them were residents at the time of initial deleted text begin election or deleted text end appointment in places
which are within the same new congressional district, the judge whose district was in the
opinion of the chief judge most substantially related to the new district shall be designated
as serving for the new district and the other shall be designated as serving at large. If there
is then any new congressional district for which there is no designated judge, but there is
an incumbent at-large judge who was resident within that territory at the time of initial
deleted text begin election or deleted text end appointment, that judge, or the senior of them, if there is more than one, shall
be assigned to the district seat. If there then remains any new congressional district for
which there is no designated judge, there shall be no judge designated to serve from
that district until the next at-large vacancy arising by death, retirement, resignation, or
removal, which shall be filled by appointment of a person from that congressional district.

Sec. 13.

Minnesota Statutes 2006, section 480B.01, subdivision 1, is amended to read:

Subdivision 1.

Judicial vacancies new text begin and reappointments new text end .

If a judge deleted text begin of the district
court or Workers' Compensation Court of Appeals deleted text end dies, resigns, retires, deleted text begin or deleted text end is removed
during the judge's term of office, new text begin is seeking reappointment to the office, new text end or if a new deleted text begin district
or Workers' Compensation Court of Appeals deleted text end judgeship is created, the resulting vacancy
must be filled deleted text begin by the governor deleted text end new text begin or reappointment made new text end as provided in this section.

Sec. 14.

Minnesota Statutes 2006, section 480B.01, subdivision 3, is amended to read:

Subd. 3.

Participation in meetings.

Individuals appointed as district members
under subdivision 2, paragraphs (c) and (d), may participate in commission meetings
and deliberations only when the commission is considering applicants to fill a vacancy
deleted text begin on deleted text end new text begin or persons seeking reappointment to new text end the district court in the judicial district from
which those individuals were appointed.

Sec. 15.

Minnesota Statutes 2006, section 480B.01, subdivision 7, is amended to read:

Subd. 7.

Recruitment process new text begin for vacancies new text end .

The commission shall prepare and
make available to the public and file with the clerk of the appellate courts and the secretary
of state an outline of the new text begin recruitment new text end process the commission will follow in recruiting
and evaluating candidates to fill judicial vacancies. The commission shall actively seek
out and encourage qualified individuals, including women and minorities, to apply for
judicial offices.

Sec. 16.

Minnesota Statutes 2006, section 480B.01, subdivision 8, is amended to read:

Subd. 8.

Candidate evaluation.

new text begin (a) new text end The commission shall evaluate the extent to
which candidates have the following qualifications for judicial office: integrity, maturity,
health if job related, judicial temperament, diligence, legal knowledge, ability and
experience, and community service. The commission shall give consideration to women
and minorities. The commission shall solicit, in writing, recommendations from attorney
associations in the judicial district and from organizations that represent minority or
women attorneys in the judicial district who have requested solicitation.

new text begin (b) In addition to the provisions of paragraph (a), the commission shall evaluate
a judge seeking reappointment based on the judge's demonstrated judicial demeanor,
fairness toward persons involved in proceedings before the judge, legal judgment, and
adherence to the law and constitution.
new text end

Sec. 17.

Minnesota Statutes 2006, section 480B.01, subdivision 9, is amended to read:

Subd. 9.

Commission meetings; notice; time.

Within ten days after a judicial
vacancy occurs or the governor has been notified that a vacancy will occur on a named
date new text begin or that a judge is seeking reappointment new text end , the governor shall give notice of the vacancy
to the chair of the Commission on Judicial Selection. A meeting of the commission to
consider the candidates for the vacancy must be held not less than 21 days nor more than
42 days after the governor provides notification of the vacancy.

Sec. 18.

Minnesota Statutes 2006, section 480B.01, subdivision 10, is amended to read:

Subd. 10.

Notice to the public.

Upon receiving notice from the governor that a
judicial vacancy has occurred or will occur on a specified date new text begin or that a judge is seeking
reappointment new text end , the chair shall provide notice of the following information:

(1) the office that is or will be vacant new text begin or for which reappointment is sought new text end ;

(2) new text begin in the case of a vacancy, new text end that applications from qualified persons or on behalf of
qualified persons are being accepted by the commission;

(3) that application forms may be obtained from the governor or the commission
at a named address; and

(4) that application forms must be returned to the commission by a named date.

For a district court deleted text begin vacancy deleted text end new text begin position new text end , the notice must be made available to attorney
associations in the judicial district where the vacancy has occurred or will occur new text begin or where
reappointment is sought new text end and to at least one newspaper of general circulation in each
county in the district. For deleted text begin a Workers' Compensation Court of Appeals vacancy deleted text end new text begin other
judicial positions new text end , the notice must be given to state attorney associations and all forms
of the public media.

Sec. 19.

Minnesota Statutes 2006, section 480B.01, subdivision 11, is amended to read:

Subd. 11.

deleted text begin Nominees deleted text end new text begin Recommendations new text end to governor new text begin and senate new text end .

new text begin (a) new text end Within 60
days after the receipt of a notice of a judicial vacancy, the deleted text begin committee deleted text end new text begin commission new text end shall
recommend to the governor no fewer than three and no more than five nominees for
each judicial vacancy. The names of the nominees must be made public. The governor
may deleted text begin fill deleted text end new text begin make an appointment for new text end the vacancy from the nominees recommended by the
commission. If the governor declines to deleted text begin select deleted text end new text begin appoint new text end a nominee to fill the vacancy from
the list of nominees, or if no list is submitted to the governor under this subdivision,
the governor may deleted text begin select deleted text end new text begin appoint new text end a person to fill the vacancy without regard to the
commission's recommendation. If fewer than 60 days remain in the term of office of a
governor who will not succeed to another term, the governor may new text begin appoint a person to new text end fill
deleted text begin a deleted text end new text begin the new text end vacancy without waiting for the commission to recommend a list of nominees.

new text begin (b) Within 60 days after receipt of a notice that a judge is seeking reappointment to
an office, the commission shall make a recommendation to the senate as to whether the
judge should be reappointed or rejected for reappointment.
new text end

Sec. 20.

new text begin [480B.02] SENATE COMMITTEE ON JUDICIAL CONFIRMATION.
new text end

new text begin Subdivision 1. new text end

new text begin Committee established. new text end

new text begin The senate committee on judicial
confirmation consists of 12 members of the senate. Six members of the committee must
be appointed by the majority leader of the senate and six members of the committee must
be appointed by the minority leader of the senate.
new text end

new text begin Subd. 2. new text end

new text begin Powers and duties. new text end

new text begin The committee shall make recommendations to the
senate regarding confirmation of judicial appointments made by the governor and whether
to confirm or reject the reappointment of a current judge. The committee shall make its
recommendations within 60 days of an appointment by the governor or of receipt of notice
from the governor that a judge is seeking reappointment. If the governor's appointment
occurs less than 60 days before a regular legislative session, the time for the committee's
recommendation may commence after completion of the regular session. If the committee
does not make a recommendation within 60 days, the confirmation shall be considered by
the full senate without recommendation.
new text end

new text begin Subd. 3. new text end

new text begin Public participation. new text end

new text begin The committee shall provide for public notice and
comment on judicial appointments. At least one public hearing must be held for each
judicial nominee. For district court appointments, notice of the hearing must be given in a
newspaper of general circulation in each county in the district. A public hearing must be
held at the seat of government, except that the hearing for district court appointments may
be held in the district in which the nominee would serve.
new text end

new text begin Subd. 4. new text end

new text begin Evaluation criteria. new text end

new text begin The committee shall evaluate a nominee seeking
initial confirmation, or a judge seeking reappointment, based upon the person's demeanor,
personal integrity, impartiality, legal judgment, experience, and respect for the law.
new text end

Sec. 21. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2006, sections 204B.06, subdivision 6; 204B.34, subdivision
3; 204B.36, subdivisions 4 and 5; 204D.11, subdivision 6; and 480A.02, subdivisions 2
and 4, new text end new text begin are repealed.
new text end

Sec. 22. new text begin EFFECTIVE DATE; TRANSITION.
new text end

new text begin (a) This article is effective upon ratification of the constitutional amendment in
article 1.
new text end

new text begin (b) This act applies to vacancies and reappointments that arise on or after the
effective date of the constitutional amendments under article 1, if adopted by the people,
provided that the terms of existing judges will continue in the manner provided for under
the law applicable when the judge took office.
new text end