SF 3129

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

A bill for an act
relating to the judiciary; including appellate court appointments in the
Commission on Judicial Selection process; amending Minnesota Statutes 2006,
section 480B.01, subdivisions 1, 6, 10.

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

Section 1.

Minnesota Statutes 2006, section 480B.01, subdivision 1, is amended to read:

Subdivision 1.

Judicial vacancies.

If a judge of the new text begin Supreme Court; Court of
Appeals; new text end district court new text begin ; new text end or Workers' Compensation Court of Appeals dies, resigns,
retires, or is removed during the judge's term of office, or if a new deleted text begin district or Workers'
Compensation Court of Appeals deleted text end judgeship is created, the resulting vacancy must be filled
by the governor as provided in this section.

Sec. 2.

Minnesota Statutes 2006, section 480B.01, subdivision 6, is amended to read:

Subd. 6.

Temporary ineligibility for vacancy.

Members of the commission who
would otherwise be eligible to hold judicial office may not be considered or appointed to
fill a deleted text begin district court deleted text end judicial vacancy while they are members of the commission or for one
year following the end of their membership on the commission.

Sec. 3.

Minnesota Statutes 2006, section 480B.01, subdivision 10, is amended to read:

Subd. 10.

Notice to the public.

Upon receiving notice from the governor that a
judicial vacancy has occurred or will occur on a specified date, the chair shall provide
notice of the following information:

(1) the office that is or will be vacant;

(2) that applications from qualified persons or on behalf of qualified persons are
being accepted by the commission;

(3) that application forms may be obtained from the governor or the commission
at a named address; and

(4) that application forms must be returned to the commission by a named date.

For a district court vacancy, the notice must be made available to attorney
associations in the judicial district where the vacancy has occurred or will occur and to at
least one newspaper of general circulation in each county in the district. For a deleted text begin Workers'
Compensation Court of Appeals deleted text end vacancy new text begin on the Supreme Court, Court of Appeals, or
Workers' Compensation Court of Appeals new text end , the notice must be given to state attorney
associations and all forms of the public media.