SF 2913

as introduced - 93rd Legislature (2023 - 2024) Posted on 10/25/2023 10:53am

A bill for an act
relating to judiciary; requiring confidentiality of certain personal information of
justices, judges, and judicial staff; providing a penalty; proposing coding for new
law in Minnesota Statutes, chapter 609.

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

Section 1.

new text begin [609.426] JUSTICES; JUDGES; JUDICIAL STAFF; VIOLATING
PRIVACY.
new text end

new text begin (a) As used in this section:
new text end

new text begin (1) "judge" means every Minnesota district court, senior judge, and every judge of the
Minnesota Court of Appeals and every active, senior, recalled, or retired federal judge who
resides in Minnesota;
new text end

new text begin (2) "justice" means every justice of the Minnesota Supreme Court;
new text end

new text begin (3) "judicial staff" means all employees of the Minnesota Judicial Branch; and
new text end

new text begin (4) "personal information" means:
new text end

new text begin (i) the home address of a justice, judge, or judicial staff;
new text end

new text begin (ii) the home address of the spouse, domestic partner, or children of a justice, judge, or
judicial staff;
new text end

new text begin (iii) the telephone number or email address of a justice, judge, or judicial staff;
new text end

new text begin (iv) the name of any child of a justice, judge, or judicial staff; and
new text end

new text begin (v) the name of any child care facility or school that is attended by a child of a justice,
judge, or judicial staff.
new text end

new text begin (b) The personal information of all justices, judges, and judicial staff shall be confidential
and no person, business, association, or government entity shall publicly post, display, or
otherwise make available on the Internet the personally identifiable information about any
justice, judge, or judicial staff. Personal information shall be kept in a secure location where
it may be made available to authorized persons pursuant to law or as specifically authorized
in writing by a justice, judge, or judicial staff.
new text end

new text begin (c) If personal information about a justice, judge, or judicial staff is publicly available,
that justice, judge, or judicial staff may submit a sworn affidavit to the government entity
requesting that the personal information be removed. The affidavit shall:
new text end

new text begin (1) state that the individual whose information is to be kept confidential is a justice,
judge, or judicial staff;
new text end

new text begin (2) describe with specificity the personal information that the justice, judge, or judicial
staff seeks to remove; and
new text end

new text begin (3) state the name of the publication, website, or otherwise identify where the justice,
judge, or judicial staff's personal information is available to the public.
new text end

new text begin Upon receipt of an affidavit requesting removal of the personal information of a justice,
judge, or judicial staff, the government entity shall keep the information confidential and
shall not disclose the confidential information to anyone not specifically authorized by law
to view the information, unless disclosure is specifically authorized in writing by the justice,
judge, or judicial staff. If the government entity fails to remove the personal information
after an affidavit is submitted, the justice, judge, or judicial staff may seek a court order
compelling compliance, including injunctive relief.
new text end

new text begin (d) A person who knowingly publishes the personal information of any justice, judge,
or judicial staff in any publicly available publication, website, or media with the intent to
threaten, intimidate, or harass is guilty of a misdemeanor.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end