SF 1097

as introduced - 87th Legislature (2011 - 2012) Posted on 02/23/2012 09:32am

A bill for an act
relating to the judiciary; establishing provisions for determining when a judicial
vacancy occurs and requiring elections in certain cases; modifying the effective
date of judicial retirements; amending Minnesota Statutes 2010, sections 2.722,
subdivision 4; 490.126, subdivision 2.

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

Section 1.

Minnesota Statutes 2010, section 2.722, subdivision 4, is amended to read:

Subd. 4.

Determination of a judicial vacancy; election.

(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 after
receiving notice of a vacancy an open office from the governor whether the vacant office
position 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, designating the position as either a county,
county/municipal or district court judgeship. If an office becomes open on or after July
1 in an even-numbered year and the Supreme Court makes a determination at least two
weeks before the general election to continue or transfer the position, the Supreme Court
shall notify the official with whom nominating petitions are required to be filed for the
judicial district where the position is continued or transferred and an election for the
position must be held. In other cases, the Supreme Court shall certify any a vacancy to the
governor, who shall fill it in the manner provided by law.

(b) If a judge of district court fails to timely 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 shall notify the Supreme Court that the incumbent judge is not seeking
reelection. Within five 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 official responsible for certifying the election results 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. If the position is continued, the
election must be held. 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 official
with whom nominating petitions are required to be filed in the judicial district where the
position is transferred of the transfer and an election must be held. Upon 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.

(c) If an election is to be held for a position that is transferred under this subdivision
or for a position that is continued and for which only one or no candidate filed, a vacancy
in nomination exists, which may be filled as provided in section 204B.13, subdivision 4.

Sec. 2.

Minnesota Statutes 2010, section 490.126, subdivision 2, is amended to read:

Subd. 2.

Vacancies Effective date of retirement.

Any judge may make written
application to the governor for retirement. The governor thereupon shall direct the judge's
retirement by written order which, when filed, file the order in the Office of the Secretary
of State, effects a vacancy in the office to be filled as provided by law and notify the
Supreme Court for purposes of a determination under section 2.722, subdivision 4. The
retirement is effective as of the date specified by the judge in the application for retirement.