SF 1972

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

A bill for an act
relating to judiciary finance; appropriating money for the courts, public
defenders, Board on Judicial Standards, and Uniform Laws Commission; adding
new judgeships; correcting an unintentional repeal and resuming the payment
of certain bail proceeds to the municipalities and subdivisions of government in
Hennepin County; amending Minnesota Statutes 2006, section 2.722, subdivision
1; proposing coding for new law in Minnesota Statutes, chapter 484.

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

Section 1. new text begin SUMMARY OF APPROPRIATIONS. new text end

new text begin The amounts shown in this section summarize direct appropriations, by fund, made
in this act.
new text end

		new text begin 2008 new text end		new text begin 2009 new text end		new text begin Total new text end
new text begin General new text end	new text begin $ new text end	new text begin 370,750,000 new text end	new text begin $ new text end	new text begin 382,644,000 new text end	new text begin $ new text end	new text begin 753,394,000 new text end

Sec. 2. new text begin JUDICIARY APPROPRIATIONS. new text end

new text begin (a) General new text end

new text begin The sums shown in the columns marked "Appropriations" are appropriated to the
agencies and for the purposes specified in this act. The appropriations are from the general
fund, or another named fund, and are available for the fiscal years indicated for each
purpose. The figures "2008" and "2009" used in this act mean that the appropriations
listed under them are available for the fiscal year ending June 30, 2008, or June 30, 2009,
respectively. "The first year" is fiscal year 2008. "The second year" is fiscal year 2009.
"The biennium" is fiscal years 2008 and 2009. Appropriations for the fiscal year ending
June 30, 2007, are effective the day following final enactment.
new text end

new text begin (b) Compensation new text end

new text begin These appropriations, and any statutory appropriations from which state employee
compensation is paid from any fund, include an amount sufficient to fund compensation
increases of at least 3.25 percent of the 2007 compensation base for the first year,
compounded at the rate of 3.25 percent for the second year. This amount must be used for
that purpose and no other. As used in this paragraph, "state employee" includes Supreme
Court justices and Court of Appeals and district court judges.
new text end

			new text begin APPROPRIATIONS new text end
			new text begin Available for the Year new text end
			new text begin Ending June 30 new text end
				new text begin 2008 new text end		new text begin 2009 new text end

Sec. 3. new text begin SUPREME COURT new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 44,277,000 new text end

new text begin $ new text end

new text begin 44,902,000 new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end new text begin Supreme Court operations new text end

new text begin 30,457,000 new text end

new text begin 31,082,000 new text end

new text begin new text begin Contingent account. new text end $5,000 each year is for
a contingent account for expenses necessary
for the normal operation of the court for
which no other reimbursement is provided.
new text end

new text begin Subd. 3. new text end new text begin Civil legal services new text end

new text begin 13,820,000 new text end

new text begin 13,820,000 new text end

new text begin new text begin Legal services to low-income clients in
family law matters. new text end Of this appropriation,
$877,000 each year is to improve the
access of low-income clients to legal
representation in family law matters. This
appropriation must be distributed under
Minnesota Statutes, section 480.242, to
the qualified legal services programs
described in Minnesota Statutes, section
480.242, subdivision 2, paragraph (a). Any
unencumbered balance remaining in the first
year does not cancel and is available in the
second year.
new text end

Sec. 4. new text begin COURT OF APPEALS new text end

new text begin $ new text end

new text begin 9,706,000 new text end

new text begin $ new text end

new text begin 10,537,000 new text end

new text begin new text begin Caseload increase. new text end $1,285,000 the first
year and $1,876,000 the second year are
for caseload increases. This money must
be used for three additional judge units, an
additional staff attorney, 2.67 additional
full-time equivalent law clerk positions, and
for retired judges.
new text end

Sec. 5. new text begin TRIAL COURTS new text end

new text begin $ new text end

new text begin 244,507,000 new text end

new text begin $ new text end

new text begin 252,259,000 new text end

new text begin new text begin Guardian ad litem services. new text end $1,260,000 the
first year and $1,629,000 the second year are
for guardian ad litem services.
new text end

new text begin new text begin Interpreter services. new text end $606,000 the first
year and $777,000 the second year are for
interpreter services.
new text end

new text begin new text begin Psychological services. new text end $1,531,000 the first
year and $2,151,000 the second year are for
psychological services.
new text end

new text begin new text begin In forma pauperis services. new text end $178,000 each
year is for in forma pauperis services.
new text end

new text begin new text begin New judge units. new text end $1,792,000 the first year
and $3,241,000 the second year are for an
increase in judge units, including one trial
court judge unit in the First Judicial District,
one trial court judge unit in the Third Judicial
District, one trial court judge unit in the
Seventh Judicial District, two trial court
judge units in the Ninth Judicial District,
and two trial court judge units in the Tenth
Judicial District. These new judge units
begin on January 1, 2008. Each judge unit
consists of a judge, law clerk, and court
reporter.
new text end

new text begin new text begin Maintain existing problem-solving courts. new text end
$1,948,000 each year is to maintain existing
problem-solving courts. Of this amount,
$654,000 each year is for local justice partner
grants.
new text end

new text begin new text begin Expansion of problem-solving courts. new text end
$648,000 the first year and $649,000
the second year are to establish new
problem-solving courts. Of this amount,
$388,000 each year is for local justice partner
grants.
new text end

new text begin new text begin Expanded resources for pro se litigants. new text end
$311,000 each year is to expand resources
for pro se litigants by providing a virtual
self-help center on the state court Web site,
public workstations in each courthouse for
accessing the site, interactive software for
completing forms, and telephone access to
self-help staff.
new text end

Sec. 6. new text begin TAX COURT new text end

new text begin $ new text end

new text begin 796,000 new text end

new text begin $ new text end

new text begin 828,000 new text end

Sec. 7. new text begin UNIFORM LAWS COMMISSION new text end

new text begin $ new text end

new text begin 58,000 new text end

new text begin $ new text end

new text begin 52,000 new text end

Sec. 8. new text begin BOARD ON JUDICIAL STANDARDS new text end

new text begin $ new text end

new text begin 451,000 new text end

new text begin $ new text end

new text begin 461,000 new text end

new text begin Investigative and hearing costs. $125,000
each year is for special investigative and
hearing costs for major disciplinary actions
undertaken by the board. This appropriation
does not cancel. Any encumbered and
unspent balances remain available for these
expenditures in subsequent fiscal years.
new text end

Sec. 9. new text begin BOARD OF PUBLIC DEFENSE new text end

new text begin $ new text end

new text begin 70,955,000 new text end

new text begin $ new text end

new text begin 73,605,000 new text end

new text begin new text begin Appellate office caseload increase. new text end
$588,000 the first year and $572,000 the
second year are for continuing operations
of the appellate office. This money must
be used for four attorney positions and
one secretarial position. Of this amount,
$200,000 each year is for transcript costs.
new text end

new text begin new text begin Shortfall. new text end $2,660,000 the first year and
$3,803,000 the second year are to address
the board's district public defense shortfall.
This money must be used for past personnel
cost increases, filling vacation positions,
mandated increases in the employer
retirement contribution, and increased costs
for rent, mileage, and overhead expenses for
part-time public defenders.
new text end

new text begin new text begin District public defense caseload increase. new text end
$3,391,000 the first year and $3,384,000
the second year are for 34 new full-time
equivalent attorneys and 11 new full-time
equivalent support staff positions to address
caseload increases.
new text end

new text begin new text begin Problem-solving courts. new text end $362,000 each
year is for five new full-time equivalent
attorneys to be assigned to problem-solving
courts.
new text end

new text begin new text begin Part-time public defenders; data entry. new text end
$531,000 the first year and $522,000 the
second year are for 11 data entry clerks
for multicounty districts to assist part-time
public defenders with opening and closing
case files and entering time and case data into
the board's record-keeping system.
new text end

new text begin new text begin Public defense corporations. new text end $176,000 the
first year and $223,000 the second year are
for the public defense corporations.
new text end

Sec. 10.

Minnesota Statutes 2006, section 2.722, subdivision 1, is amended to read:

Subdivision 1.

Description.

Effective July 1, 1959, the state is divided into ten
judicial districts composed of the following named counties, respectively, in each of which
districts judges shall be chosen as hereinafter specified:

1. Goodhue, Dakota, Carver, Le Sueur, McLeod, Scott, and Sibley; deleted text begin 33 deleted text end new text begin 34 new text end judges;
and four permanent chambers shall be maintained in Red Wing, Hastings, Shakopee, and
Glencoe and one other shall be maintained at the place designated by the chief judge
of the district;

2. Ramsey; 26 judges;

3. Wabasha, Winona, Houston, Rice, Olmsted, Dodge, Steele, Waseca, Freeborn,
Mower, and Fillmore; deleted text begin 23 deleted text end new text begin 24 new text end judges; and permanent chambers shall be maintained in
Faribault, Albert Lea, Austin, Rochester, and Winona;

4. Hennepin; 60 judges;

5. Blue Earth, Watonwan, Lyon, Redwood, Brown, Nicollet, Lincoln, Cottonwood,
Murray, Nobles, Pipestone, Rock, Faribault, Martin, and Jackson; 16 judges; and
permanent chambers shall be maintained in Marshall, Windom, Fairmont, New Ulm,
and Mankato;

6. Carlton, St. Louis, Lake, and Cook; 15 judges;

7. Benton, Douglas, Mille Lacs, Morrison, Otter Tail, Stearns, Todd, Clay, Becker,
and Wadena; deleted text begin 27 deleted text end new text begin 28 new text end judges; and permanent chambers shall be maintained in Moorhead,
Fergus Falls, Little Falls, and St. Cloud;

8. Chippewa, Kandiyohi, Lac qui Parle, Meeker, Renville, Swift, Yellow Medicine,
Big Stone, Grant, Pope, Stevens, Traverse, and Wilkin; 11 judges; and permanent
chambers shall be maintained in Morris, Montevideo, and Willmar;

9. Norman, Polk, Marshall, Kittson, Red Lake, Roseau, Mahnomen, Pennington,
Aitkin, Itasca, Crow Wing, Hubbard, Beltrami, Lake of the Woods, Clearwater, Cass and
Koochiching; deleted text begin 22 deleted text end new text begin 24 new text end judges; and permanent chambers shall be maintained in Crookston,
Thief River Falls, Bemidji, Brainerd, Grand Rapids, and International Falls; and

10. Anoka, Isanti, Wright, Sherburne, Kanabec, Pine, Chisago, and Washington; deleted text begin 43 deleted text end
new text begin 45 new text end judges; and permanent chambers shall be maintained in Anoka, Stillwater, and other
places designated by the chief judge of the district.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2008.
new text end

Sec. 11.

new text begin [484.843] ABANDONMENT OF NONFELONY BAIL; DISPOSITION
OF FORFEITED SUMS; FOURTH JUDICIAL DISTRICT.
new text end

new text begin Subdivision 1. new text end

new text begin Abandonment of deposits and bail. new text end

new text begin (a) Any bail deposited with the
court administrator of the Fourth Judicial District on a nonfelony case and not forfeited by
court order shall be deemed abandoned and forfeited if the person entitled to refund does
not file a written demand for refund with the court administrator within six months from
the date when the person became entitled to the refund.
new text end

new text begin (b) Any judge may order any sums so forfeited under paragraph (a) to be reinstated
for cause and the court administrator shall then refund accordingly. The receipting
municipality or subdivision of government shall reimburse the court administrator if the
court administrator refunds the deposit upon such an order and obtains a receipt to be
used as a voucher.
new text end

new text begin Subd. 2. new text end

new text begin Disposition of forfeited sums. new text end

new text begin All sums collected on any bail, bond, or
recognizance forfeited by court order or under subdivision 1, paragraph (a), for the Fourth
Judicial District on a nonfelony case shall be paid to Hennepin County to be applied to the
support of the law library of the county. The receipt of the county treasurer to the court
administrator shall be a sufficient voucher. When the sums so forfeited, minus refunds,
during any calendar year equal $2,500, all sums in excess of that amount shall be paid
to the municipality or subdivision of government in which the violation occurred. The
payments shall be made periodically but not before six months from the date of the order
for forfeiture. During that six-month period, but not thereafter, any judge may set aside
the forfeiture order upon proper showing of cause. No obligation to pay sums so ordered
forfeited exists unless the forfeiture is not set aside within the six-month period. For the
purpose of determining when the $2,500 shall have accrued to the county law library, the
final forfeiture shall be deemed to occur at the end of the six-month period.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007.
new text end

Sec. 12. new text begin JUDGES' SALARIES.
new text end

new text begin Effective July 1, 2009, and July 1, 2010, the salaries of justices of the Supreme
Court, and judges of the Court of Appeals and district court are increased by the average of
the percentage increase in total compensation for state employees provided in negotiated
collective bargaining agreements, arbitration awards, or other pay plans for fiscal year
2010 and fiscal year 2011 approved by the Legislative Coordinating Commission before
the 2009 regular legislative session. The commissioner of employee relations shall
calculate the new salaries, which shall be based on all compensation increases, including
general salary adjustments, merit-based increases, and any other benefit increase provided
to state employees, except insurance.
new text end

new text begin The commissioner shall calculate the new salaries, which must be expressed as
percentages rounded to the nearest one-tenth of one percent, and shall report them to the
governor and the chief justice of the Supreme Court.
new text end