SF 1972

1st Engrossment - 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. SUMMARY OF APPROPRIATIONS.

The amounts shown in this section summarize direct appropriations, by fund, made
in this act.

		2008		2009		Total
General	$	372,821,000	$	389,073,000	$	761,894,000

Sec. 2. JUDICIARY APPROPRIATIONS.

(a) General

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.

(b) Compensation

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.

			APPROPRIATIONS
			Available for the Year
			Ending June 30
				2008		2009

Sec. 3. SUPREME COURT

Subdivision 1. Total Appropriation

$

44,494,000

$

45,584,000

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

Subd. 2. Supreme Court operations

30,924,000

32,014,000

Contingent account. $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.

Maintain core justice operations. $467,000
the first year and $932,000 the second year
are to maintain core justice functions.

Subd. 3. Civil legal services

13,570,000

13,570,000

Legal services to low-income clients in
family law matters. 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.

Sec. 4. COURT OF APPEALS

$

9,706,000

$

10,537,000

Transfer authority. Notwithstanding
Minnesota Statutes, section 16A.285,
the Judicial Council may transfer amounts
relating to maintaining core justice operations
from the Supreme Court under section 3 and
the trial courts under section 5 as necessary
to pay for salary increases for judges of the
Court of Appeals under this section.

Caseload increase. $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.

Sec. 5. TRIAL COURTS

$

247,499,000

$

258,368,000

Transfer authority. Notwithstanding
Minnesota Statutes, section 16A.285, the
Judicial Council may transfer amounts
relating to the expansion of problem-solving
courts and expanded resources for pro se
litigants into the other items in this section.

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

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

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

In forma pauperis services. $178,000 each
year is for in forma pauperis services.

New judge units. $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.

Maintain existing problem-solving courts.
$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.

Expansion of problem-solving courts.
$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.

Expanded resources for pro se litigants.
$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.

Maintain core justice operations.
$1,471,000 the first year and $2,987,000
the second year are to maintain core justice
functions.

Sec. 6. TAX COURT

$

796,000

$

828,000

Sec. 7. UNIFORM LAWS COMMISSION

$

58,000

$

52,000

Sec. 8. BOARD ON JUDICIAL STANDARDS

$

451,000

$

461,000

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.

Sec. 9. BOARD OF PUBLIC DEFENSE

$

69,817,000

$

73,243,000

Appellate office caseload increase.
$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.

Shortfall. $1,884,000 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.

District public defense caseload increase.
$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.

Part-time public defenders; data entry.
$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.

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

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; 33 34 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; 23 24 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; 27 28 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; 22 24 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; 43
45 judges; and permanent chambers shall be maintained in Anoka, Stillwater, and other
places designated by the chief judge of the district.

EFFECTIVE DATE.

This section is effective January 1, 2008.

Sec. 11.

[484.843] ABANDONMENT OF NONFELONY BAIL; DISPOSITION
OF FORFEITED SUMS; FOURTH JUDICIAL DISTRICT.

Subdivision 1.

Abandonment of deposits and bail.

(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.

(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.

Subd. 2.

Disposition of forfeited sums.

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.

EFFECTIVE DATE.

This section is effective July 1, 2007.

Sec. 12. JUDGES' SALARIES.

(a) Effective July 1, 2007, and July 1, 2008, the salaries of justices of the Supreme
Court, and judges of the Court of Appeals and district court are increased by five percent.

(b) 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.

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.