SF 2435

2nd Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to courts; authorizing a judge who has 
  1.3             retired in good standing to be appointed to serve as a 
  1.4             judge of any court; providing that the fee for the 
  1.5             examination to be admitted to practice law be set by 
  1.6             the supreme court; amending Minnesota Statutes 1994, 
  1.7             section 2.724, subdivision 3; Minnesota Statutes 1995 
  1.8             Supplement, section 481.01. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1994, section 2.724, 
  1.11  subdivision 3, is amended to read: 
  1.12     Subd. 3.  [RETIRED JUSTICES AND JUDGES.] (a) The chief 
  1.13  justice of the supreme court may assign a retired justice of the 
  1.14  supreme court to act as a justice of the supreme court pursuant 
  1.15  to subdivision 2 or as a judge of any other court.  The chief 
  1.16  justice may assign a retired judge of any court to act as a 
  1.17  judge of any court except the supreme court.  A judge acting 
  1.18  pursuant to this subdivision paragraph shall receive pay and 
  1.19  expenses in the amount and manner provided by law for judges 
  1.20  serving on the court to which the retired judge is assigned, 
  1.21  less the amount of retirement pay which the judge is receiving. 
  1.22     (b) A judge who has been elected to office and who has 
  1.23  retired as a judge in good standing and is not practicing law 
  1.24  may also be appointed to serve as judge of any court except the 
  1.25  supreme court.  A retired judge acting under this paragraph will 
  1.26  receive pay and expenses in the amount established by the 
  1.27  supreme court. 
  2.1      Sec. 2.  Minnesota Statutes 1995 Supplement, section 
  2.2   481.01, is amended to read: 
  2.3      481.01 [BOARD OF LAW EXAMINERS; EXAMINATIONS; ALTERNATIVE 
  2.4   DISPUTE FEES.] 
  2.5      The supreme court shall, by rule from time to time, 
  2.6   prescribe the qualifications of all applicants for admission to 
  2.7   practice law in this state, and shall appoint a board of law 
  2.8   examiners, which shall be charged with the administration of the 
  2.9   rules and with the examination of all applicants for admission 
  2.10  to practice law.  The board shall consist of not less than 
  2.11  three, nor more than seven, attorneys at law, who shall be 
  2.12  appointed each for the term of three years and until a successor 
  2.13  qualifies.  The supreme court may fill any vacancy in the board 
  2.14  for the unexpired term and in its discretion may remove any 
  2.15  member of it.  The board shall have a seal and shall keep a 
  2.16  record of its proceedings, of all applications for admission to 
  2.17  practice, and of persons admitted to practice upon its 
  2.18  recommendation.  At least two times a year the board shall hold 
  2.19  examinations and report the result of them, with its 
  2.20  recommendations, to the supreme court.  Upon consideration of 
  2.21  the report, the supreme court shall enter an order in the case 
  2.22  of each person examined, directing the board to reject or to 
  2.23  issue to the person a certificate of admission to practice.  The 
  2.24  board shall have such officers as may, from time to time, be 
  2.25  prescribed and designated by the supreme court.  The fee for 
  2.26  examination shall be fixed, from time to time, by the supreme 
  2.27  court, but shall not exceed $50.  This fee, and any other fees 
  2.28  which may be received pursuant to any rules the supreme court 
  2.29  promulgates adopts governing the practice of law and 
  2.30  court-related alternative dispute resolution practices shall be 
  2.31  paid to the state treasurer and shall constitute a special fund 
  2.32  in the state treasury which shall be exempt from section 
  2.33  16A.127.  The moneys money in this fund are is appropriated 
  2.34  annually to the supreme court for the payment of compensation 
  2.35  and expenses of the members of the board of law examiners and 
  2.36  for otherwise regulating the practice of law.  The moneys money 
  3.1   in the fund shall never cancel.  Payments from it shall be made 
  3.2   by the state treasurer, upon warrants of the commissioner of 
  3.3   finance issued upon vouchers signed by one of the justices of 
  3.4   the supreme court.  The members of the board shall have 
  3.5   compensation and allowances for expenses as may, from time to 
  3.6   time, be fixed by the supreme court.