Minnesota Session Laws - 1991, Regular Session

  

                         Laws of Minnesota 1991 

                        CHAPTER 146-H.F.No. 200 
           An act relating to courts; recognizing adequate access 
          to the courts as a factor in determining whether a 
          judicial position should remain or be abolished or 
          transferred; amending Minnesota Statutes 1990, section 
          2.722, subdivision 4. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1990, section 2.722, 
subdivision 4, is amended to read: 
    Subd. 4.  [DETERMINATION OF A JUDICIAL VACANCY.] (a) When a 
judge of the district, county, or county municipal court dies, 
resigns, retires, or is removed from office, the supreme court, 
in consultation with judges and attorneys in the affected 
district, shall determine within 90 days of receiving notice of 
a vacancy from the governor whether the vacant office is 
necessary for effective judicial administration or is necessary 
for adequate access to the courts.  In determining whether the 
position is necessary for adequate access to the courts, the 
supreme court shall consider whether abolition or transfer of 
the position would result in a county having no chambered 
judge.  The supreme court may continue the position, may order 
the position abolished, or may transfer the position to a 
judicial district where need for additional judges exists, 
designating the position as either a county, county/municipal or 
district court judgeship.  The supreme court shall certify any 
vacancy to the governor, who shall fill it in the manner 
provided by law. 
    (b) If a judge of district court fails to timely file an 
affidavit of candidacy and filing fee or petition in lieu of a 
fee, the official with whom the affidavits of candidacy are 
required to be filed shall notify the supreme court that the 
incumbent judge is not seeking reelection.  Within five days of 
receipt of the notice, the supreme court shall determine whether 
the judicial position is necessary for effective judicial 
administration or adequate access to the courts and notify the 
official responsible for certifying the election results of its 
determination.  In determining whether the position is necessary 
for adequate access to the courts, the supreme court shall 
consider whether abolition or transfer of the position would 
result in a county having no chambered judge.  The supreme court 
may continue the position, may order the position abolished, or 
may transfer the position to a judicial district where the need 
for additional judgeships exists.  If the position is abolished 
or transferred, the election may not be held.  If the position 
is transferred, the court shall also notify the governor of the 
transfer.  Upon transfer, the position is vacant and the 
governor shall fill it in the manner provided by law.  An order 
abolishing or transferring a position is effective the first 
Monday in the next January. 
    Presented to the governor May 20, 1991 
    Signed by the governor May 22, 1991, 5:47 p.m.