Minnesota Session Laws - 1983, Regular Session

  

                         Laws of Minnesota 1983 

                        CHAPTER 370--S.F.No. 1008
           An act relating to courts; authorizing the appointment 
          of court referees; amending Minnesota Statutes 1982, 
          sections 260.031, subdivision 1; 484.65, subdivisions 
          4, 5, and 6; and 484.70, subdivision 1; repealing 
          Minnesota Statutes 1982, section 484.701. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 260.031, 
subdivision 1, is amended to read: 
    Subdivision 1.  [APPOINTMENT.] The office of referee is 
abolished.  No vacancy in the office of referee shall be filled, 
nor new office created.  Persons holding the office of referee 
on June 30, 1980, in the second and August 15, 1980, in the 
fourth judicial district may continue to serve at the pleasure 
of the chief judge of the district under the terms and 
conditions of their appointment.  The chief judge of the 
judicial district may appoint one or more suitable persons to 
act as referees.  All referees are subject to the administrative 
authority and assignment power of the chief judge of the 
district as provided in section 484.69, subdivision 3, and are 
not limited to assignment to juvenile court.  Referees shall be 
qualified for their duties by their previous training and 
experience and hold office at the pleasure of the judge judges 
of the district court and shall be learned in the law, except 
that persons holding the office of referee on January 1, 1983, 
may continue to serve under the terms and conditions of their 
appointment.  The compensation of a referee shall be fixed by 
the judge, approved by the county board and payable from the 
general revenue funds of the county not otherwise appropriated.  
Part time referees holding office in the second judicial 
district pursuant to this subdivision shall cease to hold office 
on July 31, 1984.  
    Sec. 2.  Minnesota Statutes 1982, section 484.65, 
subdivision 4, is amended to read: 
    Subd. 4.  [VACANCY.] In cases of vacancy in the office, 
until the office is filled in accordance with subdivision 6, or 
if work load, absence, sickness or other disability prevents 
said a judge from fully performing his duties, the chief judge 
of the district court of the fourth judicial district may orally 
or in writing designate or assign one or more of the other 
judges of the district court to perform or assist in the 
performance of the duties of the district court judge, family 
court division. 
    Sec. 3.  Minnesota Statutes 1982, section 484.65, 
subdivision 5, is amended to read: 
    Subd. 5.  [ORDINARY DUTIES.] The district court judge, 
family court division, may be designated in writing by the chief 
judge of the district court of the fourth judicial district to 
the regular or ordinary duties of a judge of the district court 
without thereby affecting the term of office to which such judge 
was appointed or elected. 
    Sec. 4.  Minnesota Statutes 1982, section 484.65, 
subdivision 6, is amended to read: 
    Subd. 6.  [FILLING VACANCIES.] Vacancies in the office of 
district court judge, family court division, shall be filled in 
the manner prescribed by law for the filling of vacancies in the 
office of other judges of the district court.  A person 
appointed to fill a vacancy in the office of district court 
judge, family court division shall serve in that office for the 
unexpired portion of the term during which the vacancy occurred, 
but may not be appointed to serve as district court judge, 
family division during the next consecutive term.  
    Sec. 5.  Minnesota Statutes 1982, section 484.70, 
subdivision 1, is amended to read: 
    Subdivision 1.  [APPOINTMENT.] The office of referee is 
abolished.  No vacancy in the office of referee, including 
family, juvenile, probate, and special term referees, shall be 
filled, nor new office created.  Persons holding the office of 
referee on August 15, 1980, in the fourth judicial district may 
continue to serve at the pleasure of the chief judge of the 
district under the terms and conditions of their appointment. 
The offices in existence on August 15, 1980, in the fourth 
judicial district may continue at the pleasure of the chief 
judge of the district.  Any vacancy arising prior to June 1, 
1984, in the described offices in the fourth judicial district 
may be filled by the chief judge of the district only upon his 
determination that available judicial personnel are unable to 
meet the demands of the caseload.  The chief judge of the 
judicial district may appoint one or more suitable persons to 
act as referees.  Referees shall hold office at the pleasure of 
the judges of the district court and shall be learned in the 
law, except that persons holding the office of referee on 
January 1, 1983, may continue to serve under the terms and 
conditions of their appointment.  All referees are subject to 
the administrative authority and assignment power of the chief 
judge of the district as provided in section 484.69, subdivision 
3, and are not limited to assignment to family, probate, 
juvenile or special term court.  Part time referees holding 
office in the second judicial district pursuant to this 
subdivision shall cease to hold office on July 31, 1984.  
    Sec. 6.  [REPEALER.] 
    Minnesota Statutes 1982, section 484.701, is repealed. 
    Approved June 14, 1983