Minnesota Legislature
SF 804
as introduced - 87th Legislature (2011 - 2012) Posted on 02/23/2012 09:15am
Current Version - as introduced
1.11 1.12 1.13 1.14 1.15 1.16
1.17 1.18 1.19 1.20 1.21 1.22
1.23 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15
2.16 2.17 2.18 2.19 2.20 2.21 2.22
2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 2.34
3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18
3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30
3.31 3.32 3.33 3.34 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 4.33 4.34 4.35 4.36 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14
5.15 5.16
A bill for an act
relating to the judiciary; providing for payment of examiner fees in civil
commitment cases; limiting the right to counsel in paternity proceedings;
eliminating jury trials in eviction actions; providing for payment of costs by
parents in certain guardianship or conservatorship proceedings; amending
Minnesota Statutes 2010, sections 253B.07, subdivision 3; 253B.17, subdivision
3; 253B.23, subdivision 1; 257.69, subdivision 1; 504B.335; 504B.345,
subdivision 1; 504B.355; 524.5-502; repealing Minnesota Statutes 2010, section
504B.351.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2010, section 253B.07, subdivision 3, is amended to read:
Subd. 3.
Examiners.
After a petition has been filed, the court shall appoint an
examiner. Prior to the hearing, the court shall inform the proposed patient of the right to
an independent second examination. At the proposed patient's request, the court shall
appoint a second examiner of the patient's choosing to be paid for by the county deleted text begin at a rate
of compensation fixed by the courtdeleted text end new text begin as provided in section 253B.23, subdivision 1new text end .
Sec. 2.
Minnesota Statutes 2010, section 253B.17, subdivision 3, is amended to read:
Subd. 3.
Examiners.
The court shall appoint an examiner and, at the patient's
request, shall appoint a second examiner of the patient's choosing to be paid for by the
county deleted text begin at a rate of compensation to be fixed by the courtdeleted text end new text begin as provided in section 253B.23,
subdivision 1new text end . Unless otherwise agreed by the parties, the examiners shall file a report
with the court not less than 48 hours prior to the hearing under this section.
Sec. 3.
Minnesota Statutes 2010, section 253B.23, subdivision 1, is amended to read:
Subdivision 1.
Costs of hearings.
(a) In each proceeding under this chapter
the court shall allow and order paid to each witness subpoenaed the fees and mileage
prescribed by law; to each examiner a reasonable sum for services and for travel; to
persons conveying the patient to the place of detention, disbursements for the travel,
board, and lodging of the patient and of themselves and their authorized assistants; and
to the patient's counsel, when appointed by the court, a reasonable sum for travel and
for the time spent in court or in preparing for the hearing. Upon the court's order, the
county auditor new text begin of the county of financial responsibility new text end shall issue a warrant on the county
treasurer for payment of the amounts allowed, deleted text begin excluding the costs of the examiner,deleted text end which
must be paid by the deleted text begin state courtsdeleted text end new text begin countynew text end .
(b) Whenever venue of a proceeding has been transferred under this chapter, the
costs of the proceedings shall be reimbursed to the county where the proceedings were
conducted by the county of financial responsibility.
new text begin
(c) The state court administrator shall establish a fee schedule or rate of
compensation to be used for determining the payment of examiners under this chapter.
new text end
Sec. 4.
Minnesota Statutes 2010, section 257.69, subdivision 1, is amended to read:
Subdivision 1.
Representation by counsel.
In all proceedings under sections
257.51 to 257.74, any party may be represented by counsel. The county attorney shall
represent the public authority. The court deleted text begin shalldeleted text end new text begin may new text end appoint counsel for a party who
is unable to pay timely for counsel in deleted text begin proceedingsdeleted text end new text begin a proceeding or the portion of a
proceeding new text end under sections 257.51 to 257.74new text begin that involves the determination of the parent
and child relationshipnew text end .
Sec. 5.
Minnesota Statutes 2010, section 504B.335, is amended to read:
504B.335 ANSWER; TRIAL.
(a) At the court appearance specified in the summons, the defendant may answer the
complaint, and the court shall hear and decide the action, unless it grants a continuance of
the trial as provided in section 504B.341.
(b) deleted text begin Either party may demand a trial by jury.
deleted text end
deleted text begin (c)deleted text end The proceedings in the action are the same as in other civil actions, except as
provided in sections 504B.281 to 504B.371.
deleted text begin (d)deleted text end new text begin (c) new text end The court, in scheduling appearances and hearings under this section, shall
give priority to any eviction brought under section 504B.171, or on the basis that the
defendant is a tenant and is causing a nuisance or seriously endangers the safety of other
residents, their property, or the landlord's property.
Sec. 6.
Minnesota Statutes 2010, section 504B.345, subdivision 1, is amended to read:
Subdivision 1.
General.
(a) If the court deleted text begin or jurydeleted text end finds for the plaintiff, the court shall
immediately enter judgment that the plaintiff shall have recovery of the premises, and shall
tax the costs against the defendant. The court shall issue execution in favor of the plaintiff
for the costs and also immediately issue a writ of recovery of premises and order to vacate.
(b) The court shall give priority in issuing a writ of recovery of premises and order
to vacate for an eviction action brought under section 504B.171 or on the basis that the
tenant is causing a nuisance or seriously endangers the safety of other residents, their
property, or the landlord's property.
(c) If the court deleted text begin or jurydeleted text end finds for the defendant, the court shall enter judgment for the
defendant, tax the costs against the plaintiff, and issue execution in favor of the defendant.
(d) Except in actions brought: (1) under section 504B.291 as required by section
609.5317, subdivision 1; (2) under section 504B.171; or (3) on the basis that the tenant is
causing a nuisance or seriously endangers the safety of other residents, their property, or
the landlord's property, upon a showing by the defendant that immediate restitution of the
premises would work a substantial hardship upon the defendant or the defendant's family,
the court shall stay the writ of recovery of premises and order to vacate for a reasonable
period, not to exceed seven days.
Sec. 7.
Minnesota Statutes 2010, section 504B.355, is amended to read:
504B.355 FORM OF VERDICT.
The deleted text begin verdict of the jury or thedeleted text end finding of the court in favor of the plaintiff in an
eviction action shall be substantially in the following form:
At a court held at ....., on the ..... day of ....., year ....., before ....., a judge in and for
the county of ..... in an action between ....., plaintiff, and ....., defendant, the deleted text begin jury (or, if
the action be tried without a jury, the court) finddeleted text end new text begin court finds new text end that the facts alleged in the
complaint are true, and the plaintiff shall recover possession of the premises and the
defendant(s) shall vacate the premises immediately.
.....................
If the deleted text begin verdict ordeleted text end finding is for the defendant, it shall be sufficient to find that the
facts alleged in the complaint are not true.
Sec. 8.
Minnesota Statutes 2010, section 524.5-502, is amended to read:
524.5-502 COMPENSATION AND EXPENSES.
(a) The court may authorize a proceeding under this article to proceed in forma
pauperis, as provided in chapter 563.
(b) In proceedings under this article, a lawyer or health professional rendering
necessary services with regard to the appointment of a guardian or conservator, the
administration of the protected person's estate or personal affairs, or the restoration of
that person's capacity or termination of the protective proceeding shall be entitled to
compensation from the protected person's estate or from the county having jurisdiction
over the proceedings if the ward or protected person is indigent. When the court
determines that other necessary services have been provided for the benefit of the ward or
protected person by a lawyer or health professional, the court may order fees to be paid
from the estate of the protected person or from the county having jurisdiction over the
proceedings if the ward or protected person is indigent. If, however, the court determines
that a petitioner, guardian, or conservator has not acted in good faith, the court shall order
some or all of the fees or costs incurred in the proceedings to be borne by the petitioner,
guardian, or conservator not acting in good faith. In determining compensation for a
guardian or conservator of an indigent person, the court shall consider a fee schedule
recommended by the Board of County Commissioners. The fee schedule may also include
a maximum compensation based on the living arrangements of the ward or protected
person. If these services are provided by a public or private agency, the county may
contract on a fee-for-service basis with that agency.
(c) When the court determines that a guardian or conservator has rendered necessary
services or has incurred necessary expenses for the benefit of the ward or protected person,
the court may order reimbursement or compensation to be paid from the estate of the
protected person or from the county having jurisdiction over the guardianship or protective
proceeding if the ward or protected person is indigent. The court may not deny an award
of fees solely because the ward or protected person is a recipient of medical assistance. In
determining compensation for a guardian or conservator of an indigent person, the court
shall consider a fee schedule recommended by the Board of County Commissioners. The
fee schedule may also include a maximum compensation based on the living arrangements
of the ward or protected person. If these services are provided by a public or private
agency, the county may contract on a fee-for-service basis with that agency.
(d) The court shall order reimbursement or compensation if the guardian or
conservator requests payment and the guardian or conservator was nominated by the court
or by the county adult protection unit because no suitable relative or other person was
available to provide guardianship or protective proceeding services necessary to prevent
maltreatment of a vulnerable adult, as defined in section 626.5572, subdivision 15. In
determining compensation for a guardian or conservator of an indigent person, the court
shall consider a fee schedule recommended by the Board of County Commissioners. The
fee schedule may also include a maximum compensation based on the living arrangements
of the ward or protected person. If these services are provided by a public or private
agency, the county may contract on a fee-for-service basis with that agency.
(e) When a county employee serves as a guardian or conservator as part of
employment duties, the court shall order compensation if the guardian or conservator
performs necessary services that are not compensated by the county. The court may
order reimbursement to the county from the protected person's estate for compensation
paid by the county for services rendered by a guardian or conservator who is a county
employee but only if the county shows that after a diligent effort it was unable to arrange
for an independent guardian or conservator.
new text begin
(f) Notwithstanding paragraphs (a) to (e), if the petitioner or an individual who is
seeking appointment as a guardian or conservator is a parent of the proposed ward or
protected person, the court may order the parent to pay some or all of the fees, costs, or
expenses that would otherwise be paid by the county under this subdivision.
new text end
Sec. 9. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2010, section 504B.351,
new text end
new text begin
is repealed.
new text end