1.1A Senate resolution
1.2requesting that the Senate Committee on Taxes not recommend that a judicial
1.3appointment be confirmed, and, if the Senate Taxes Committee does not issue a
1.4recommendation, requesting that the Senate not confirm a judicial appointment.
1.5WHEREAS, under Minnesota Statutes, section 271.01, subdivision 1, Minnesota Tax Court
1.6judges must be appointed by the governor by and with the advice and consent of the Senate; and
1.7WHEREAS, pursuant to Rule 8.1 of the Permanent Rules of the Senate for the 88th
1.8Legislature, every gubernatorial appointment requiring the advice and consent of the Senate must
1.9be referred by the President to the appropriate committee; and
1.10WHEREAS, Judge George Perez was appointed to the Minnesota Tax Court in 1997 and
1.11was reappointed in 1999, 2005, and 2011, and, in 2001, became Chief Judge of the Tax Court and
1.12served in that capacity until December 2012; and
1.13WHEREAS, the most recent appointment of Judge George Perez to the Minnesota Tax
1.14Court was received by the Secretary of the Senate on June 28, 2011, for the term July 1, 2011,
1.15to June 30, 2017, was referred to the Senate Committee on Judiciary and Public Safety on
1.16January 24, 2012, and was withdrawn from the Committee on Judiciary and Public Safety and
1.17rereferred to the Committee on Taxes on February 9, 2012, and the Committee on Taxes did not
1.18act on the appointment; and
1.19WHEREAS, the appointment of Judge George Perez to the Minnesota Tax Court was
1.20again referred to the Senate Committee on Taxes on January 10, 2013, and the committee has
1.21not acted on the appointment; and
2.1WHEREAS, pursuant to Rule 8.2 of the Permanent Rules of the Senate for the 88th
2.2Legislature, any appointment referred to committee and not reported to the Senate within 60
2.3legislative days after it was referred is withdrawn from committee and placed on the confirmation
2.4calendar for consideration by the Senate before adjournment of the regular session, unless the
2.5appointee's term has expired or the appointee is no longer serving; and
2.6WHEREAS, in its finding issued on May 10, 2013, the Minnesota Board on Judicial
2.7Standards concluded that, in failing to timely file decisions under Minnesota Statutes, section
2.8271.20, and falsely certifying his compliance with Minnesota Statutes, section 271.20, Judge
2.9Perez violated Minnesota Statutes, section 271.20, and the Minnesota Code of Judicial Conduct
2.10Canon 1, Rules 1.1 and 1.2, and Canons 2A of the former Code of Judicial Conduct; and
2.11WHEREAS, in its finding issued on May 10, 2013, the Minnesota Board on Judicial
2.12Standards recommended that: (1) Judge Perez be censured for his violations of Minnesota law, the
2.13Code of Judicial Conduct, and the former Code of Judicial Conduct; (2) Judge Perez be suspended
2.14without pay from his position as judge of the Tax Court for a period of nine months; (3) for the
2.15balance of his current term of office, Judge Perez be prohibited from serving as Chief Judge, and
2.16be directed to limit his participation in professional organizations to the extent necessary to ensure
2.17the timely performance of his duties as judge of the Tax Court; and (4) Judge Perez be directed to
2.18submit monthly reports to the Chief Judge of the Tax Court advising on the status of each case
2.19pending before him, including the date that each case was submitted for decision, and that Judge
2.20Perez be directed to immediately advise the Chief Judge of the Tax Court when an extension to
2.21the statutory deadline is sought in any case, and the basis for that extension; and
2.22NOW, THEREFORE, BE IT RESOLVED by the Senate of the State of Minnesota that,
2.23pursuant to the findings and recommendations of the Minnesota Board on Judicial Standards, the
2.24Senate Committee on Taxes not recommend the confirmation of the appointment of Judge George
2.25Perez to the Minnesota Tax Court.
2.26BE IT FURTHER RESOLVED that, should the Senate Committee on Taxes not act on the
2.27referral of the appointment of Judge Perez within 60 legislative days after the appointment was
2.28referred to the Senate, and if the appointment is withdrawn from the Senate Committee on Taxes
2.29and placed on the Senate confirmation calendar pursuant to Rule 8.2 of the Permanent Rules of
2.30the Senate for the 88th Legislature, the Senate does not confirm the appointment of Judge Perez.