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Office of the Revisor of Statutes

SF 1082

2nd Engrossment - 88th Legislature (2013 - 2014) Posted on 03/24/2014 10:28am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to judicial selection; proposing an amendment to the Minnesota
Constitution, article VI, sections 7 and 8; establishing retention elections for
judges; creating a judicial performance evaluation commission; appropriating
money; amending Minnesota Statutes 2012, sections 10A.01, subdivisions
7, 15; 204B.06, subdivision 6; 204B.34, subdivision 3; 204B.36, subdivision
4; 480B.01, subdivisions 1, 10, 11; Minnesota Statutes 2013 Supplement,
sections 10A.01, subdivision 10; 10A.14, subdivision 1; 10A.20, subdivision 2;
proposing coding for new law in Minnesota Statutes, chapters 204D; 480B;
490A; repealing Minnesota Statutes 2012, sections 204B.36, subdivision 5;
204D.14, subdivision 3.

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

ARTICLE 1

CONSTITUTIONAL AMENDMENT

Section 1. new text beginCONSTITUTIONAL 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 VI, section 7, will read:
new text end

Sec. 7.

deleted text beginThe term of office of all judges shall be six years and until their successors
are qualified. They
deleted text endnew text begin Following appointment by the governor, each justice or judge shall
initially hold office for a term ending the first Monday in January following the next
regularly scheduled general election held more than one year after the appointment. A
justice's or judge's retention
new text end shall be deleted text beginelecteddeleted text endnew text begin determinednew text end by the voters from the area which
deleted text beginthey are to servedeleted text endnew text begin the justice or judge serves,new text end in the manner provided by law. new text beginThe term of
office of a justice or judge who is retained shall be six years and until a successor is
appointed and qualified. A judicial performance evaluation commission shall evaluate in a
nonpartisan manner the performance of justices or judges according to criteria that the
commission develops and publishes, and any other criteria established by law.
new text end

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

Sec. 8.

Whenever there is a vacancy in the office of new text beginjustice or new text endjudgenew text begin,new text end the governor
shall appoint deleted text beginin the manner provided by lawdeleted text end a qualified person to fill the vacancy deleted text beginuntil 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 endnew text begin from a list of
candidates nominated by a judicial selection commission, in the manner provided by law
new text end.

Sec. 2. new text beginSUBMISSION TO VOTERS.
new text end

new text begin (a) The proposed amendment must be submitted to the people at the 2014 general
election. The question submitted must be:
new text end

new text begin "Shall the Minnesota Constitution be amended to establish an independent public
performance evaluation commission that would empower voters with nonpartisan
information about the performance of justices and judges; restore accountability to voters
through judicial retention elections; as well as enhance, protect, and ensure the quality,
impartiality, and integrity of our courts by requiring merit selection for all justices and
judges?
new text end

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

new text begin (b) Notwithstanding Minnesota Statutes, section 204D.15, subdivision 1, the title for
the question submitted to the people under paragraph (a) shall be "Impartial Election of
Judges, Requiring Merit Selection and Public Performance Evaluation of Judges."
new text end

Sec. 3. new text beginTRANSITION.
new text end

new text begin A justice or judge currently seated or elected at the time the constitutional
amendment provided in section 1 is adopted shall complete the remainder of the justice's or
judge's term as it existed before adoption of the amendment. Following completion of their
terms, these justices or judges are subject to the retention election process as provided in
the constitution and may file for retention following the procedures described in article 2.
new text end

ARTICLE 2

STATUTORY PROVISIONS

Section 1.

Minnesota Statutes 2012, section 10A.01, subdivision 7, is amended to read:


Subd. 7.

Ballot question.

"Ballot question" means a question or proposition that is
placed on the ballot and that may be voted on by all voters of the state. "Promoting or
defeating a ballot question" includes activities, other than lobbying activities, related to
qualifying the question for placement on the ballot.new text begin A ballot question does not include a
judicial retention election.
new text end

Sec. 2.

Minnesota Statutes 2013 Supplement, 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 officerdeleted text begin,deleted text endnew text begin ornew text end legislator, or deleted text beginjudgedeleted text endnew text begin retention in a judicial
office
new 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.243.

Sec. 3.

Minnesota Statutes 2012, section 10A.01, subdivision 15, is amended to read:


Subd. 15.

Election.

"Election" means a primary, special primary, general, deleted text beginor
deleted text end specialnew text begin, or retentionnew text end election.

Sec. 4.

Minnesota Statutes 2013 Supplement, section 10A.14, subdivision 1, is
amended to read:


Subdivision 1.

First registration.

The treasurer of a political committee, political
fund, principal campaign committee, or party unit must register with the board by filing a
registration statement deleted text beginno later thandeleted text endnew text begin within the earliest of:
new text end

new text begin (1) new text end 14 days after the committee, fund, or party unit has made a contribution, received
contributions, or made expenditures in excess of $750deleted text begin, or bydeleted text endnew text begin;
new text end

new text begin (2) three days after the committee, fund, or party unit has made a contribution,
received contributions, or made expenditures in excess of $750, if the contribution or
expenditure was made to advocate the retention or defeat of a candidate for judicial
office; or
new text end

new text begin (3) new text end the end of the next business day after it has received a loan or contribution
that must be reported under section 10A.20, subdivision 5deleted text begin, whichever is earlierdeleted text end. This
subdivision does not apply to ballot question or independent expenditure political
committees or funds, which are subject to subdivision 1a.

Sec. 5.

Minnesota Statutes 2013 Supplement, section 10A.20, subdivision 2, is
amended to read:


Subd. 2.

Time for filing.

(a) The reports must be filed with the board on or before
January 31 of each year and additional reports must be filed as required and in accordance
with paragraphs (b) to (d).

(b) In each year in which the name of a candidate for legislative deleted text beginor district court
judicial
deleted text end office is on the ballot, the report of the principal campaign committee must be
filed 15 days before a primary and ten days before a general election, seven days before a
special primary and a special election, and ten days after a special election cycle.

(c) In each general election year, a political committee, a political fund, a state party
committee, a party unit established by all or a part of the party organization within a house
of the legislature, and the principal campaign committee of a candidate for constitutional
deleted text beginor appellate court judicialdeleted text end office must file reports on the following schedule:

(1) a first-quarter report covering the calendar year through March 31, which is
due April 14;

(2) in a year in which a primary election is held in August, a report covering the
calendar year through May 31, which is due June 14;

(3) in a year in which a primary election is held before August, a pre-general-election
report covering the calendar year through July 15, which is due July 29;

(4) a pre-primary-election report due 15 days before a primary election;

(5) a pre-general-election report due 42 days before the general election;

(6) a pre-general-election report due ten days before a general election; and

(7) for a special election, a constitutional office candidate whose name is on the
ballot must file reports seven days before a special primary and a special election, and ten
days after a special election cycle.

(d) new text beginIn each general election year in which a political committee, political fund,
or party unit makes expenditures that, in the aggregate, exceed $750 to advocate the
retention or defeat of a candidate for judicial office, reports must be filed 42 days and ten
days before the retention election.
new text end

new text begin (e) new text endIn each general election year, a party unit not included in deleted text beginparagraphdeleted text endnew text begin paragraphs
new text end (c) new text beginor (d) new text endmust file reports 15 days before a primary election and ten days before a general
election.

deleted text begin (e)deleted text end new text begin(f) new text endNotwithstanding paragraphs (a) to deleted text begin(d)deleted text endnew text begin (e)new text end, the principal campaign committee
of a candidate whose name will not be on the general election ballot is not required to file
the report due ten days before a general election or seven days before a special election.

Sec. 6.

Minnesota Statutes 2012, section 204B.06, subdivision 6, is amended to read:


Subd. 6.

Judicialnew text begin retentionnew text end candidates; designation of deleted text begintermdeleted text endnew text begin officenew text end.

deleted text beginAn individual
deleted text endnew text begin A justice or judgenew text end who files as anew text begin retentionnew text end candidate for the office of chief justice or associate
justice of the Supreme Court, judge of the Court of Appeals, or judge of the district court
shall state in the affidavit of candidacy the office of the particular justice or judge for
which the individual is anew text begin retentionnew text end candidate. The individual shall be anew text begin retentionnew text end candidate
only for the office identified in the affidavit. Each justice of the Supreme Court and each
Court of Appeals and district court judge is deemed to hold a separate nonpartisan office.

Sec. 7.

Minnesota Statutes 2012, section 204B.34, subdivision 3, is amended to read:


Subd. 3.

Judicial elections.

When one or more justices of the Supreme Court or
judges of the Court of Appeals or of a district court deleted text beginare to be nominated at the same
primary or elected at the same general election
deleted text endnew text begin have filed for retention electionnew text end, the
notice of election shall state the name of each justice or judge deleted text beginwhose successor is to
be nominated or elected
deleted text endnew text begin seeking retentionnew text end.

Sec. 8.

Minnesota Statutes 2012, section 204B.36, subdivision 4, is amended to read:


Subd. 4.

Judicialnew text begin retentionnew text end candidates.

deleted text beginThe official ballot shall contain the names
of all candidates for each judicial office and shall state the number of those candidates for
whom a voter may vote.
deleted text endnew text begin The official ballot shall contain the names of all justices or judges
seeking to retain their offices.
new text end Each seat for an associate justice, associate judge, or judge
of the district court must be numbered. The words "SUPREME COURT," "COURT OF
APPEALS," and "(number) DISTRICT COURT" must be printed above the respective
judicial office groups on the ballot. The title of each judicial office shall be printed on
the official primary and general election ballot as follows:

deleted text begin (a)deleted text endnew text begin (1)new text end In the case of the Supreme Court:

"Chief justice";

"Associate justice (number)";

deleted text begin (b)deleted text endnew text begin (2)new text end In the case of the Court of Appeals:

"Judge (number)"; or

deleted text begin (c)deleted text endnew text begin (3)new text end In the case of the district court:

"Judge (number)."

Sec. 9.

new text begin [204D.30] RETENTION OF JUSTICES AND JUDGES.
new text end

new text begin (a) Within the time period established by section 204B.09, a justice or judge seeking
to retain judicial office shall file an affidavit of candidacy with the secretary of state.
Justices or judges who have filed an affidavit of candidacy as provided in this section must
be placed on the appropriate official ballot at the next regular general election under a
nonpartisan designation in the form provided in section 204B.36, subdivision 4.
new text end

new text begin (b) If a majority of those voting on a judicial retention question votes "No," then
upon the expiration of the term for which the justice or judge was serving, a vacancy
exists which must be filled as provided by law. A justice or judge who loses a retention
election may not be appointed to fill the resulting vacancy. If a majority of those voting
on the question votes "Yes," the justice or judge shall be retained in office for a six-year
term, beginning the first Monday in January following the retention election and subject to
removal as provided by the Minnesota Constitution.
new text end

new text begin (c) A justice or judge seeking to retain judicial office is considered a candidate for
election to that office. A judicial retention election is not a ballot question for the purposes
of the Minnesota Election Law.
new text end

Sec. 10.

Minnesota Statutes 2012, section 480B.01, subdivision 1, is amended to read:


Subdivision 1.

Judicial vacancies.

If a deleted text beginjudgedeleted text endnew text begin justicenew text end of thenew text begin Supreme Court, or
judge of the Court of Appeals,
new text end district courtnew text begin,new text end or Workers' Compensation Court of Appeals
dies, resigns, retires, new text begindoes not file a timely affidavit of candidacy for election to continue
in office,
new text end or is removed during the deleted text beginjudge'sdeleted text endnew text begin justice'snew text end term of office, or if a newnew text begin Supreme
Court, Court of Appeals,
new text end districtnew text begin,new text end or Workers' Compensation Court of Appeals judgeship is
created, the resulting vacancy must be filled by the governor as provided in this section.

Sec. 11.

Minnesota Statutes 2012, section 480B.01, subdivision 10, is amended to read:


Subd. 10.

new text beginJudicial selection commission; new text endnotice to public.

Upon receiving notice
from the governor that a judicial vacancy has occurred or will occur on a specified date,
the chair shall provide notice of the following information:

(1) the office that is or will be vacant;

(2) 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 vacancy, the notice must be made available to attorney
associations in the judicial district where the vacancy has occurred or will occur and to at
least one newspaper of general circulation in each county in the district. For anew text begin Supreme
Court, Court of Appeals, or
new text end Workers' Compensation Court of Appeals vacancy, the notice
must be given to state attorney associations and all forms of the public media.

Sec. 12.

Minnesota Statutes 2012, section 480B.01, subdivision 11, is amended to read:


Subd. 11.

Nominees to governor.

Within 60 days after the receipt of a notice of a
judicial vacancy, the deleted text begincommitteedeleted text endnew text begin commissionnew text end shall deleted text beginrecommenddeleted text end new text beginsubmit new text endto 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 deleted text beginmaydeleted text endnew text begin shallnew text end fill the vacancy from the
nominees recommended by the commission. deleted text beginIf the governor declines to select 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 select 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 fill a vacancy without
waiting for the commission to recommend a list of nominees.
deleted text end

Sec. 13.

new text begin [480B.03] JUDICIAL RETENTION ELECTIONS.
new text end

new text begin Judicial retention elections must be conducted consistent with the procedures
established by law for the administration of state general elections. Justices or judges
standing for retention must be placed on the ballot as provided in section 204D.30.
new text end

Sec. 14.

new text begin [490A.04] JUDICIAL PERFORMANCE EVALUATION COMMISSION.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin A Judicial Performance Evaluation Commission
is established and shall be an independent body not subject to the direct control of any
branch of government.
new text end

new text begin Subd. 2. new text end

new text begin Duties of commission. new text end

new text begin After public hearings, the commission shall adopt
and administer for all justices or judges a process for evaluating judicial performance.
The performance review process must be designed to assist voters in evaluating the
performance of justices or judges standing for retention, facilitate self-improvement of all
justices and judges, and promote public accountability of the judiciary.
new text end

new text begin Subd. 3. new text end

new text begin Composition; appointment of commission members. new text end

new text begin (a)(1) The
commission is composed of 24 members. Each member of the commission must be a
citizen of the United States and reside in Minnesota at the time of their appointment
and for the duration of their term.
new text end

new text begin (2) Sitting justices, judges, and public officials, as defined in section 10A.01,
subdivision 35, may not be appointed or serve on the commission. A person may not
simultaneously serve as either a member of the Commission on Judicial Selection
established in section 480B.01 or the Board on Judicial Standards established in section
490A.01 while also serving as a member of the Judicial Performance Evaluation
Commission established in this section. Members of the commission who are attorneys at
the time of their appointment must have been admitted to practice before the Minnesota
Supreme Court for not less than five years.
new text end

new text begin (b) Members of the commission must be appointed and serve as follows:
new text end

new text begin (1) the governor shall appoint a total of eight members, no more than three of whom
may be attorneys at the time of their appointment. Gubernatorial appointees serve on the
commission until the governor who made the appointment leaves office or for a four-year
term, whichever comes first;
new text end

new text begin (2) the Supreme Court shall appoint a total of eight members. The chief justice shall
designate one of the appointees to serve as chair of the commission. No more than four
of the appointees may be attorneys at the time of the appointment. The Supreme Court's
appointees serve on the commission for a four-year term; and
new text end

new text begin (3) the legislature shall appoint a total of eight members, no more than four of whom
may be attorneys at the time of the appointment. Legislative appointments must be made
sequentially as follows: the speaker of the house shall appoint one member, the minority
leader of the house of representatives shall appoint one member, the senate majority leader
shall appoint one member, and the senate minority leader shall appoint one member. After
each appointing authority has made the appointments as provided in this clause, a second
round of appointments must be made in the same sequence. Legislative appointees serve
on the commission for a two-year term.
new text end

new text begin Members of the commission are eligible for reappointment up to two additional full
terms. Upon expiration of a member's term, the member shall continue to serve until a
successor is appointed and qualified. In the case of a vacancy on the commission, the
authority who appointed the member whose seat has become vacant shall appoint a person
to fill the vacancy for the remainder of the unexpired term.
new text end

new text begin (c) In making appointments, the governor, Supreme Court, and the legislature shall
include qualified members of minority groups as well as consider the importance of
balanced geographic representation, and appoint individuals of outstanding competence
and reputation. The governor, Supreme Court, and the legislature are encouraged to
consult with each other to ensure the requirements of this paragraph are met.
new text end

new text begin (d) Members shall perform commission duties in an impartial and objective
manner and shall base their recommendations solely upon matters that are in the record
developed by the commission. Members of the commission are subject to section 10A.07.
Notwithstanding paragraph (e), a member who violates this paragraph may be removed
from the commission by majority vote of the commission's membership.
new text end

new text begin (e) A member may be removed by the appointing authority at any time for cause,
after notice and hearing, or after missing three consecutive meetings. After a member
misses two consecutive meetings and before the next meeting, the executive secretary of
the commission shall notify the member in writing that the member may be removed if the
member misses the next meeting. The executive secretary of the commission shall inform
the appointing authority if a member misses three consecutive meetings.
new text end

new text begin (f) A commission member shall serve without compensation but may be reimbursed
for expenses associated with the member's work on the commission.
new text end

new text begin (g) The commission shall appoint an executive secretary to provide administrative
assistance and coordinate the work of the commission.
new text end

new text begin Subd. 4. new text end

new text begin Meetings and data. new text end

new text begin Meetings of the Judicial Performance Evaluation
Commission must be open to the public, except that a meeting held to evaluate the
performance of a justice or judge may be closed to discuss issues related to the justice's
or judge's health or allegations against the justice or judge that may be defamatory. The
commission is subject to chapter 13D. Data collected by the commission must be made
available to the public, except where otherwise provided in this section.
new text end

new text begin Subd. 5. new text end

new text begin Standards and procedures. new text end

new text begin (a) The Judicial Performance Evaluation
Commission shall develop written standards, subject to approval of the Supreme Court
in its entirety, by which judicial performance is to be evaluated. The standards must
be periodically reviewed and updated and must include knowledge of the law, legal
procedure, integrity, impartiality, temperament, respect for litigants, respect for the rule
of law, administrative skill, punctuality, and communication skills. The commission
must not evaluate judicial performance based on substantive legal issues or opinions that
are subject to standard appellate processes.
new text end

new text begin (b) The commission shall adopt procedures for collecting information and
conducting reviews and shall create and implement a program of periodic review of the
performance of each justice or judge. The commission must request public comment on
these procedures before adoption. The request for public comment shall be made in the
same manner provided for in section 480B.01, subdivision 10.
new text end

new text begin Subd. 6. new text end

new text begin Surveys. new text end

new text begin (a) Midway through a justice's or judge's six-year term and again
no fewer than nine months before the date of a justice's or judge's retention election, the
commission must distribute anonymous survey forms eliciting performance evaluations of
the justice or judge to a representative sampling of attorneys, litigants, other justices or
judges, and other persons who have been in direct contact with the justice or judge being
evaluated and who have direct knowledge of the justice's or judge's judicial performance
during the evaluation period.
new text end

new text begin (b) The commission must employ or contract with qualified individuals to prepare
survey forms, process responses, and compile the statistical reports of the survey results in
a manner that ensures confidentiality and accuracy.
new text end

new text begin (c) Each survey conducted must seek evaluations in accordance with the written
performance standards adopted as provided in paragraph (a) and must solicit narrative
comments regarding the justice's or judge's performance. Narrative comments contained
in a survey response and data on an individual who completes or responds to a survey
form must not be made available to the public.
new text end

new text begin Subd. 7. new text end

new text begin Midterm evaluation. new text end

new text begin The commission shall evaluate each justice or judge
halfway through the justice's or judge's 6-year term, as nearly as practicable, to provide
feedback to the justice or judge about the justice's or judge's performance and to give the
justice or judge an opportunity for improvement. The commission shall adopt procedures
for conducting the midterm evaluation. Midterm evaluations must not be made available
to the public.
new text end

new text begin Subd. 8. new text end

new text begin Retention-year evaluation. new text end

new text begin (a) In each year in which a justice or judge has
the opportunity to file as a candidate for retention, the Judicial Performance Evaluation
Commission must conduct an evaluation of the justice or judge and determine whether the
justice or judge meets or does not meet judicial performance standards. Upon completion
of the evaluation, the commission must rate the justice or judge "well-qualified,"
"qualified," or "unqualified" for office. A rating of "unqualified" does not prohibit a justice
or judge from seeking retention by the voters.
new text end

new text begin (b) The evaluation of a justice or judge must include a public hearing and an
opportunity for submission of written public comments on the performance of a justice or
judge standing for retention. Before accepting public comment and conducting a hearing,
the executive secretary must notify each justice or judge to be evaluated of the process for
conducting the evaluation and the justice's or judge's right to submit written comments
and appear in person at the hearing. The hearing and evaluation may be conducted by a
panel of commission members, as provided in subdivision 9.
new text end

new text begin (c) A justice or judge who does not intend to seek retention may waive the evaluation
process by providing written notice to the commission affirming the justice's or judge's
intention to not file as a retention candidate for the justice's or judge's current office. If
a justice or judge waives the evaluation under this paragraph, the justice or judge is not
eligible to file an affidavit of candidacy for the office and is not eligible to be appointed to
fill the resulting vacancy.
new text end

new text begin Subd. 9. new text end

new text begin Evaluation panels; review by full commission. new text end

new text begin (a) The evaluation of
a justice or judge may be conducted by an evaluation panel. An evaluation panel is
composed of five members, including at least one member appointed by each branch of
government, but otherwise chosen randomly. All five members of the panel must cast a
vote in determining the rating of a justice or judge. If a member of the panel has a conflict
of interest, that member shall be removed from the panel and the entity that made the
initial appointment shall appoint a new member. A panel must report its results to the full
commission. The full commission shall review a panel's evaluation if the panel rates
a justice or judge unqualified, or if one panelist or three members of the commission
request a review within 15 days after the panel makes its report. The commission may
overturn a panel's rating. When reviewing a panel decision, if there is a tie vote by the
full commission, the commission must reconvene no sooner than seven days and no later
than 14 days from the date of the tie vote. The justice or judge may submit additional
information to the panel during this time. When the commission reconvenes, it must vote
again on the justice's or judge's rating. If there is a tie vote, the panel's determination is
final. If a panel's report and rating is not reviewed, the panel's determination is final.
Decisions of an evaluation panel or the full commission regarding a justice's or judge's
performance are not subject to judicial review.
new text end

new text begin (b) If an evaluation is reviewed by the full commission, the executive secretary shall
provide written notice to the affected justice or judge. The justice or judge has the right
to submit written comments to the commission and to appear before and be heard by
the commission prior to a final vote of the commission members regarding the justice's
or judge's performance.
new text end

new text begin Subd. 10. new text end

new text begin Publication of evaluation results. new text end

new text begin Following the evaluation of a justice
or judge, the commission shall compile a factual report on the judicial performance of the
justice or judge, including the final rating assigned to the justice's or judge's performance.
The report must be made available to the public at least one month before the time period
established in section 204B.09 for filing an affidavit of candidacy with the secretary of
state. The report must be made in the same manner as provided for in section 480B.01,
subdivision 10.
new text end

new text begin Subd. 11. new text end

new text begin Appropriation. new text end

new text begin (a) The amount necessary to fund the Judicial
Performance Evaluation Commission is annually appropriated from the general fund
to the Judicial Performance Evaluation Fund. Money in this fund shall only be used
for purposes of the commission.
new text end

new text begin (b) The appropriation in paragraph (a) must be reduced by the amount of any money
specifically appropriated for the same purpose in any year from any state fund.
new text end

Sec. 15. new text beginJUDICIAL PERFORMANCE EVALUATION COMMISSION; FIRST
MEETING; TRANSITION.
new text end

new text begin (a) Initial appointments must be made to the Judicial Performance Evaluation
Commission on July 1, 2015.
new text end

new text begin (b) Initial appointees shall serve for a term ending January 15, 2017, and may be
considered for reappointment as provided in Minnesota Statutes, section 480B.04, at that
time. The chair of the commission must convene the first full meeting of the commission
no later than August 1, 2015, and appoint an acting executive secretary to serve the
commission until an executive secretary is appointed at the first meeting.
new text end

Sec. 16. new text beginREVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall replace "judge" with either "justice or judge" or "justice
and judge" in Minnesota Statutes wherever a specific office is not being referenced.
new text end

Sec. 17. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, sections 204B.36, subdivision 5; and 204D.14, subdivision
3,
new text end new text begin are repealed.
new text end

Sec. 18. new text beginEFFECTIVE DATE.
new text end

new text begin If the constitutional amendment in article 1 is adopted, this article is effective July
1, 2015, except that the governor, legislature, and Supreme Court may immediately
undertake any procedure necessary to consider and select potential appointees to the
Judicial Performance Evaluation Commission.
new text end