Minnesota Legislature
SF 3206
as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
Current Version - as introduced
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A bill for an act
relating to courts; proposing an amendment to the Minnesota Constitution,
article VI, sections 7 and 8; requiring a Commission on Judicial Selection to
nominate candidates for appointment to judgeships and a Commission on Judicial
Evaluation to evaluate judges for reappointment; providing for rulemaking;
amending Minnesota Statutes 2006, section 480B.01, subdivisions 1, 4, 8, 11;
proposing coding for new law in Minnesota Statutes, chapter 480B; repealing
Minnesota Statutes 2006, sections 204B.06, subdivision 6; 204B.34, subdivision
3; 204B.36, subdivisions 4, 5; 204D.14, subdivision 3; 480A.02, subdivisions
2, 4.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
CONSTITUTIONAL AMENDMENT
Section 1. new text begin CONSTITUTIONAL AMENDMENT.
new text end
new text begin
An amendment to the Minnesota Constitution is proposed to the people. If the
amendment is adopted, article VI, section 7, will read:
new text end
Sec. 7.
deleted text begin The term of office of all judges shall be six years and until their successors are
qualified. They shall be elected by the voters from the area which they are to serve in the
manner provided by law.deleted text end new text begin Whenever a vacancy occurs or will occur in a judgeship, the
governor shall appoint a successor in the manner provided by law.new text end
new text begin
The legislature shall establish by law a commission on judicial selection, whose
chair and at least half of whose members are appointed by the governor. The commission
must recruit candidates for appointment as judge, and evaluate each candidate according
to criteria that the commission develops and publishes, and other criteria as may be
provided by law.
new text end
new text begin
Judges shall be appointed by the governor from qualified citizens that the
commission nominates. The commission must nominate at least three qualified citizens for
each vacancy. The governor may request up to three additional nominees for a vacancy.
new text end
new text begin
The legislature shall establish by law a commission on judicial evaluation. The
commission shall evaluate each judge eligible for reappointment according to criteria that
the commission develops and publishes, and other criteria as may be provided by law.
new text end
new text begin
A judge may seek reappointment by written notice to the commission on judicial
evaluation at least one year before the judge's term expires. The commission may
reappoint a judge by a two-thirds vote.
new text end
new text begin
article VI, section 8, will read:
new text end
Sec. 8.
deleted text begin Whenever there is a vacancy in the office of judge the governor shall appoint
in the manner provided by law a qualified person to fill the vacancy until a successor is
elected and qualified. The successor shall be elected for a six year term at the next general
election occurring more than one year after the appointment.deleted text end new text begin A judge takes office upon
appointment if the judgeship is vacant, or when the vacancy occurs if the appointment
precedes the vacancy, and serves until the end of the calendar year in which the third
anniversary of the judge's appointment occurs and until a successor qualifies.new text end
new text begin
A reappointed judge serves a term of nine years and until a successor qualifies. A
judge may be reappointed to the same position.
new text end
Sec. 2. new text begin SUBMISSION TO VOTERS.
new text end
new text begin
The proposed amendment must be submitted to the people at the 2008 general
election. The question submitted must be:
new text end
new text begin
"Shall the Minnesota Constitution be amended to provide that judges be appointed
by the governor from candidates nominated by a commission on judicial selection, and
evaluated based on term in office and then reappointed or removed from office by a
commission on judicial evaluation?
new text end
|
new text begin
Yes ....... new text end |
|
new text begin
No ......." new text end |
ARTICLE 2
JUDICIAL SELECTION
Section 1.
new text begin
[480B.001] DEFINITION.
new text end
new text begin
(a) For the purposes of sections 480B.01 and 480B.02, the terms in this section
have the meanings given them.
new text end
new text begin
(b) "Judge" means a justice of the Supreme Court, a judge of the Court of Appeals or
the district court, and a judge of the Workers' Compensation Court of Appeals.
new text end
new text begin
(c) "Judgeship" means any office that a judge holds.
new text end
Sec. 2.
Minnesota Statutes 2006, section 480B.01, subdivision 1, is amended to read:
Subdivision 1.
Judicial vacancies.
If a judge deleted text begin of the district court or Workers'
Compensation Court of Appealsdeleted text end dies, resigns, retires, or is removed during the judge's
term of office, new text begin if the judge's term expires, new text end or if a new deleted text begin district or Workers' Compensation
Court of Appealsdeleted text end judgeship is created, the resulting vacancy must be filled by the governor
as provided in this section.
Sec. 3.
Minnesota Statutes 2006, section 480B.01, subdivision 4, is amended to read:
Subd. 4.
Vacancies.
If a vacancy occurs on the commission by reason of the death
or resignation of a member or by the removal of a member appointed under subdivision 2,
the appointing deleted text begin or electingdeleted text end authority shall appoint deleted text begin or electdeleted text end an individual to fill the vacancy
for the unexpired term.
Sec. 4.
Minnesota Statutes 2006, section 480B.01, subdivision 8, is amended to read:
Subd. 8.
Candidate evaluation.
The commission shall evaluate the extent to which
candidates have the following qualifications for judicial office: integrity, maturity, deleted text begin health
if job related,deleted text end new text begin common sense,new text end judicial temperament, diligence, deleted text begin legaldeleted text end knowledgenew text begin of the law
and procedurenew text end , ability deleted text begin anddeleted text end new text begin to promote public confidence in the judiciary,new text end experience,
new text begin communication skills, new text end and deleted text begin community servicedeleted text end new text begin diversitynew text end . new text begin The commission must focus
strictly on public and professional considerations without regard to partisan or other
political concerns. new text end The commission shall give consideration to women and minorities.
The commission shall solicit, in writing, recommendations from attorney associations in
the judicial district and from organizations that represent minority or women attorneys in
the judicial district who have requested solicitation.
Sec. 5.
Minnesota Statutes 2006, section 480B.01, subdivision 11, is amended to read:
Subd. 11.
Nominees to governor.
Within 60 days after the receipt of a notice of
a judicial vacancy, the committee shall recommend to the governor no fewer than three
and no more than five nominees for each judicial vacancy. The names of the nominees
must be made public. The governor may fill the vacancy from the nominees recommended
by the commissiondeleted text begin . If the governor declines to select a nominee to fill the vacancy from
the list of nominees, or if no list is submitted to the governor under this subdivision,
the governor may select a person to fill the vacancy without regard to the commission's
recommendation. If fewer than 60 days remain in the term of office of a governor who
will not succeed to another term, the governor may fill a vacancy without waiting for
the commission to recommend a list of nomineesdeleted text end new text begin , or may request up to three additional
nominees for a vacancy if the governor has not already made such a request for the same
vacancynew text end .
Sec. 6.
new text begin
[480B.02] COMMISSION ON JUDICIAL EVALUATION.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment. new text end
new text begin
A commission on judicial evaluation is established
in the judicial branch.
new text end
new text begin Subd. 2. new text end
new text begin Membership. new text end
new text begin
The commission consists of 48 members, appointed with
consideration for gender balance, racial and ethnic diversity, and inclusion of the many
other diverse constituencies in the state. The members shall be appointed each year by the
last day of December as follows:
new text end
new text begin
(1) the governor shall appoint 12 members of whom one-half are not attorneys and
among whom each judicial district is represented;
new text end
new text begin
(2) the speaker and minority leader of the house of representatives and the majority
and minority leaders of the senate shall jointly appoint 12 members of whom at least
one-half are not attorneys;
new text end
new text begin
(3) the justices of the Supreme Court shall appoint 12 members among whom each
judicial district is represented; and
new text end
new text begin
(4) the Minnesota State Bar Association shall appoint 12 members among whom
each judicial district is represented.
new text end
new text begin Subd. 3. new text end
new text begin Terms. new text end
new text begin
(a) The commissioners shall serve staggered four-year terms. The
initial appointments shall be made by each appointing authority as follows:
new text end
new text begin
(1) three members to serve one-year terms;
new text end
new text begin
(2) three members to serve two-year terms;
new text end
new text begin
(3) three members to serve three-year terms; and
new text end
new text begin
(4) three members to serve four-year terms.
new text end
new text begin
(b) If the legislative leaders cannot agree on their three annual appointees on or
before the last day of December, on the immediately following January 1 the members
are appointed as follows:
new text end
new text begin
(1) in an even-numbered year, the speaker and minority leader of the house of
representatives and the majority leader of the senate shall each appoint one member; and
new text end
new text begin
(2) in an odd-numbered year, the speaker of the house of representatives and the
majority and minority leaders of the senate shall each appoint one member.
new text end
new text begin
(c) A commissioner who has served for ten years is ineligible for reappointment, but
may finish out the commissioner's current term.
new text end
new text begin Subd. 4. new text end
new text begin Vacancies. new text end
new text begin
If a vacancy occurs on the commission by reason of the death
or resignation of a commissioner, the vacancy is filled in the same manner as the original
appointment and subject to subdivision 2. If the speaker and minority leader of the house
of representatives and the majority and minority leaders of the senate have not agreed on
or before the last day of December of the calendar year the vacancy occurs, upon an
appointee to fill a vacancy that has existed for at least 30 days, then on the immediately
following January 1, the minority leader of the house or senate who is not scheduled to
make an appointment in case of disagreement may appoint a person to fill the vacancy.
The person who fills the vacancy serves for the remainder of the unexpired term.
new text end
new text begin Subd. 5. new text end
new text begin Organization. new text end
new text begin
The commission shall, at its first meeting in each calendar
year, elect a chair from its membership. The commission may employ a secretary and
other necessary staff.
new text end
new text begin Subd. 6. new text end
new text begin Criteria. new text end
new text begin
When the commission or an evaluation panel evaluates a judge
with respect to the judge's qualifications, performance, or reappointment, the commission
or panel:
new text end
new text begin
(1) shall focus strictly on public and professional considerations without regard to
partisan or other political concerns;
new text end
new text begin
(2) shall take into account the judge's:
new text end
new text begin
(i) integrity;
new text end
new text begin
(ii) impartiality;
new text end
new text begin
(iii) maturity;
new text end
new text begin
(iv) common sense;
new text end
new text begin
(v) judicial temperament;
new text end
new text begin
(vi) diligence;
new text end
new text begin
(vii) knowledge of the law and procedure;
new text end
new text begin
(viii) ability to promote public confidence in the judiciary;
new text end
new text begin
(ix) administrative skills;
new text end
new text begin
(x) communication skills;
new text end
new text begin
(xi) punctuality; and
new text end
new text begin
(xii) progress since the last evaluation; and
new text end
new text begin
(3) shall consider any other relevant criteria;
new text end
new text begin
(4) shall not evaluate the correctness of a judge's rulings, but may consider a judge's
abuse of discretion or improper conduct that an appellate court or a disciplinary body
identifies; and
new text end
new text begin
(5) may gather information from lawyers who practice before a judge being
evaluated, from litigants over whose cases the judge has presided, from direct observation,
by public hearings, and in any other appropriate way.
new text end
new text begin
The judge being evaluated may review and respond to any information the
commission considers.
new text end
new text begin Subd. 7. new text end
new text begin Midterm evaluation. new text end
new text begin
The commission shall evaluate each judge halfway
through the judge's term, as nearly as practicable, and at least one year before the judge's
term ends, to provide feedback to the judge about the judge's performance and to give
the judge an opportunity for improvement.
new text end
new text begin Subd. 8. new text end
new text begin Evaluation upon application for reappointment. new text end
new text begin
A judge seeking
reappointment shall notify the commission in writing at least one year before the judge's
term expires. An evaluation panel shall decide whether the judge merits reappointment.
new text end
new text begin Subd. 9. new text end
new text begin Evaluation panels; review by full commission. new text end
new text begin
An evaluation panel shall
consist of six commissioners, including at least one commissioner from each appointee
group but otherwise chosen randomly. A district judge who serves as a commissioner
may not evaluate another district judge who sits in the same judicial district. A panel
must report its recommendation to the commission. The full commission shall review a
panel's recommendation if the panel does not recommend reappointment, or if a panelist
or three commissioners request a review within 15 days after the panel reports. If a
recommendation is reviewed by the full commission, the judge who is the subject of the
evaluation may appear and attend any commission proceedings that affect the judge.
new text end
new text begin Subd. 10. new text end
new text begin Open meetings. new text end
new text begin
The commission is subject to the Minnesota Open
Meeting Law. Notwithstanding section 13.90, information that the commission receives,
considers, develops, or publishes is public data under the chapter 13.
new text end
new text begin Subd. 11. new text end
new text begin Rules. new text end
new text begin
The commission shall adopt rules establishing additional criteria
for the evaluation of judges and procedures for the efficient performance of its duties. The
commission is an "agency" for the purposes of chapter 13.
new text end
Sec. 7. new text begin REVISOR'S INSTRUCTION.
new text end
new text begin
(a) In Minnesota Statutes, the revisor of statutes shall change the terms "elect,"
"election," "reelection," and similar terms to "appoint," "appointment," "reappointment,"
and similar terms as appropriate.
new text end
new text begin
(b) The revisor of statutes shall submit, six months from the effective date of this
article, a report on necessary changes to Minnesota Statutes to reflect the appointment and
reappointment of judges to the house of representatives and senate committees having
jurisdiction over the judiciary.
new text end
Sec. 8. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2006, sections 204B.06, subdivision 6; 204B.34, subdivision
3; 204B.36, subdivisions 4 and 5; 204D.14, subdivision 3; and 480A.02, subdivisions 2
and 4,
new text end
new text begin
are repealed.
new text end
Sec. 9. new text begin EFFECTIVE DATE.
new text end
new text begin
This article is effective upon adoption of the constitutional amendment proposed in
article 1.
new text end