MINNESOTA COURT RULES

GENERAL RULES OF PRACTICE

Rule 367.Administration of Expedited Child Support Process; Child Support Magistrates

Rule 367.01Administration of Expedited Process

The chief judge of each judicial district shall determine whether the district will administer the expedited process within the judicial district in whole or in part, or request that the state court administrator administer the expedited process in whole or in part for the district.

Advisory Committee Comment

Rule 367.01 does not permit a judicial district to opt out of the expedited process. Rather, Rule 367.01 simply indicates that the chief judge of the district must decide who will be responsible for administering the expedited process within each judicial district.

Rule 367.02Use and Appointment of Child Support Magistrates

The chief judge of each judicial district shall determine whether the district will use child support magistrates, family court referees, district court judges, or a combination of these individuals to preside over proceedings in the expedited process. The chief judge of each judicial district, with the advice and consent of the judges of the district, shall appoint each child support magistrate, except family court referees and district court judges, subject to confirmation by the Supreme Court. Each child support magistrate serves at the pleasure of the judges of the judicial district. Child support magistrates may be appointed on a full-time or less than full-time basis.

(Amended effective November 22, 2023.)

Advisory Committee Comment

Nothing in these rules precludes a family court referee or district court judge from serving in the capacity of a child support magistrate.

Advisory Committee Comment - 2023 Amendments

Rule 367.02 is modified in 2023 to recognize that all child support magistrates are now judicial branch employees.

Rule 367.03Powers and Authority

Child support magistrates shall have the powers and authority necessary to perform their duties in the expedited process pursuant to statute and rule.

Advisory Committee Comment

It is the intent of the Committee that child support magistrates have the authority to decide all issues permitted in the expedited process, including, but not limited to, awarding and modifying tax dependency exemptions, awarding costs and attorneys fees, and issuing orders to show cause.

Rule 367.04Conflict of Interest

Subdivision 1. Generally.

A child support magistrate shall not serve as:

(a) a practicing attorney;

(b) a guardian ad litem in any family law matter in any district in which the person serves as a child support magistrate; or

(c) a mediator unless they receive written permission from the appointing authority to do so.

(Amended effective for guardians ad litem appointed in Minnesota's juvenile and family courts after 12 o'clock midnight January 1, 2005; amended effective November 22, 2023.)

Advisory Committee Comment - 2023 Amendments

Rule 367.04 is modified in 2023 to recognize that all child support magistrates are now judicial branch employees and may not practice law, even if employed on a less than full-time basis. The rule is also modified to allow magistrates to serve as a mediator, but only if approved by the appointment authority, which will reduce any potential conflicts of interest.

Rule 367.05Code of Judicial Conduct

Each child support magistrate is bound by the Minnesota Code of Judicial Conduct. The exceptions set forth in the Application of the Minnesota Code of Judicial Conduct relating to part-time judges apply to child support magistrates appointed on a less than full-time basis.

(Amended effective November 22, 2023.)

Advisory Committee Comment

A comment to the Application Section of the Minnesota Code of Judicial Conduct provides that "anyone, whether or not a lawyer, who is an officer of a judicial system and who performs judicial functions, including an officer such as a referee, special master or magistrate" is a judge within the meaning of the Minnesota Code of Judicial Conduct.

Advisory Committee Comment - 2023 Amendments

Rule 367.05 is modified in 2023 to recognize that all child support magistrates are now judicial branch employees.

Rule 367.06Impartiality

Each child support magistrate shall conduct each hearing in an impartial manner and shall serve only in those matters in which the magistrate can remain impartial and evenhanded. If at any time a child support magistrate is unable to conduct any proceeding in an impartial manner, the magistrate shall withdraw.