1.1 	A bill for an act
1.2 	relating to courts; proposing an amendment to the Minnesota Constitution, 
1.3 	article VI, sections 7 and 8; requiring a Commission on Judicial Selection to 
1.4 	nominate candidates for appointment to judgeships and a Commission on Judicial 
1.5 	Evaluation to evaluate judges for reappointment; providing for rulemaking;
1.6 	amending Minnesota Statutes 2006, section 480B.01, subdivisions 1, 4, 8, 11; 
1.7 	proposing coding for new law in Minnesota Statutes, chapter 480B; repealing 
1.8 	Minnesota Statutes 2006, sections 204B.06, subdivision 6; 204B.34, subdivision 
1.9 	3; 204B.36, subdivisions 4, 5; 204D.14, subdivision 3; 480A.02, subdivisions 
1.10 	2, 4.
1.11 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.12 	ARTICLE 1
1.13 	CONSTITUTIONAL AMENDMENT

1.14 	Section 1. CONSTITUTIONAL AMENDMENT.
 1.15 	An amendment to the Minnesota Constitution is proposed to the people. If the 
1.16 	amendment is adopted, article VI,  section 7, will read:

1.17 	Sec. 7. The term of  office of all judges shall be six years and until their  successors are 
1.18 	qualified.  They shall be elected by the voters  from the area which they are to serve in the 
1.19 	manner provided by  law.Whenever a vacancy occurs or will occur in a judgeship, the 
1.20 	governor shall appoint a successor in the manner provided by law.
1.21 	The legislature shall establish by law a commission on judicial selection, whose 
1.22 	chair and at least half of whose members are appointed by the governor. The commission 
1.23 	must recruit candidates for appointment as judge, and evaluate each candidate according 
1.24 	to criteria that the commission develops and publishes, and other criteria as may be 
1.25 	provided by law.
2.1 	Judges shall be appointed by the governor from qualified citizens that the 
2.2 	commission nominates. The commission must nominate at least three qualified citizens for 
2.3 	each vacancy. The governor may request up to three additional nominees for a vacancy.
2.4 	The legislature shall establish by law a commission on judicial evaluation. The 
2.5 	commission shall evaluate each judge eligible for reappointment according to criteria that 
2.6 	the commission develops and publishes, and other criteria as may be provided by law.
2.7 	A judge may seek reappointment by written notice to the commission on judicial 
2.8 	evaluation at least one year before the judge's term expires. The commission may 
2.9 	reappoint a judge by a two-thirds vote.
2.10 	article VI,  section 8, will read:

2.11 	Sec. 8. Whenever there is a vacancy in the  office of judge the governor shall appoint 
2.12 	in the manner  provided by law a qualified person to fill the vacancy until a  successor is 
2.13 	elected and qualified.  The successor shall be  elected for a six year term at the next general 
2.14 	election  occurring more than one year after the appointment.A judge takes office upon 
2.15 	appointment if the judgeship is vacant, or when the vacancy occurs if the appointment 
2.16 	precedes the vacancy, and serves until the end of the calendar year in which the third 
2.17 	anniversary of the judge's appointment occurs and until a successor qualifies.
2.18 	A reappointed judge serves a term of nine years and until a successor qualifies. A 
2.19 	judge may be reappointed to the same position.

2.20 	Sec. 2. SUBMISSION TO VOTERS.
 2.21 	The proposed amendment must be submitted to the people at the 2008 general 
2.22 	election. The question submitted must be:
2.23 	"Shall the Minnesota Constitution be amended to provide that judges be appointed 
2.24 	by the governor from candidates nominated by a commission on judicial selection, and 
2.25 	evaluated based on term in office and then reappointed or removed from office by a 
2.26 	commission on judicial evaluation?

2.27	Yes .......
	
2.28	No ......."

2.29 	ARTICLE 2
2.30 	JUDICIAL SELECTION

2.31 	Section 1. [480B.001] DEFINITION.
2.32 	(a) For the purposes of sections 480B.01 and 480B.02, the terms in this section 
2.33 	have the meanings given them.
3.1 	(b) "Judge" means a justice of the Supreme Court, a judge of the Court of Appeals or 
3.2 	the district court, and a judge of the Workers' Compensation Court of Appeals.
3.3 	(c) "Judgeship" means any office that a judge holds.

3.4 	Sec. 2. Minnesota Statutes 2006, section 480B.01, subdivision 1, is amended to read:
3.5 		Subdivision 1.Judicial vacancies. If a judge of the district court or Workers' 
3.6 	Compensation Court of Appeals dies, resigns, retires, or is removed during the judge's 
3.7 	term of office, if the judge's term expires, or if a new district or Workers' Compensation 
3.8 	Court of Appeals judgeship is created, the resulting vacancy must be filled by the governor 
3.9 	as provided in this section.

3.10 	Sec. 3. Minnesota Statutes 2006, section 480B.01, subdivision 4, is amended to read:
3.11 		Subd. 4.Vacancies. If a vacancy occurs on the commission by reason of the death 
3.12 	or resignation of a member or by the removal of a member appointed under subdivision 2, 
3.13 	the appointing or electing authority shall appoint or elect an individual to fill the vacancy 
3.14 	for the unexpired term.

3.15 	Sec. 4. Minnesota Statutes 2006, section 480B.01, subdivision 8, is amended to read:
3.16 		Subd. 8.Candidate evaluation. The commission shall evaluate the extent to which 
3.17 	candidates have the following qualifications for judicial office: integrity, maturity, health 
3.18 	if job related, common sense, judicial temperament, diligence, legal knowledge of the law 
3.19 	and procedure, ability and to promote public confidence in the judiciary, experience, 
3.20 	communication skills, and community service diversity. The commission must focus 
3.21 	strictly on public and professional considerations without regard to partisan or other 
3.22 	political concerns. The commission shall give consideration to women and minorities. 
3.23 	The commission shall solicit, in writing, recommendations from attorney associations in 
3.24 	the judicial district and from organizations that represent minority or women attorneys in 
3.25 	the judicial district who have requested solicitation.

3.26 	Sec. 5. Minnesota Statutes 2006, section 480B.01, subdivision 11, is amended to read:
3.27 		Subd. 11.Nominees to governor. Within 60 days after the receipt of a notice of 
3.28 	a judicial vacancy, the committee shall recommend to the governor no fewer than three 
3.29 	and no more than five nominees for each judicial vacancy. The names of the nominees 
3.30 	must be made public. The governor may fill the vacancy from the nominees recommended 
3.31 	by the commission. If the governor declines to select a nominee to fill the vacancy from 
3.32 	the list of nominees, or if no list is submitted to the governor under this subdivision, 
4.1 	the governor may select a person to fill the vacancy without regard to the commission's 
4.2 	recommendation. If fewer than 60 days remain in the term of office of a governor who 
4.3 	will not succeed to another term, the governor may fill a vacancy without waiting for 
4.4 	the commission to recommend a list of nominees, or may request up to three additional 
4.5 	nominees for a vacancy if the governor has not already made such a request for the same 
4.6 	vacancy.

4.7 	Sec. 6. [480B.02] COMMISSION ON JUDICIAL EVALUATION.
4.8 		Subdivision 1.Establishment. A commission on judicial evaluation is established 
4.9 	in the judicial branch.
4.10 		Subd. 2.Membership. The commission consists of 48 members, appointed with 
4.11 	consideration for gender balance, racial and ethnic diversity, and inclusion of the many 
4.12 	other diverse constituencies in the state. The members shall be appointed each year by the 
4.13 	last day of December as follows:
4.14 	(1) the governor shall appoint 12 members of whom one-half are not attorneys and 
4.15 	among whom each judicial district is represented;
4.16 	(2) the speaker and minority leader of the house of representatives and the majority 
4.17 	and minority leaders of the senate shall jointly appoint 12 members of whom at least 
4.18 	one-half are not attorneys;
4.19 	(3) the justices of the Supreme Court shall appoint 12 members among whom each 
4.20 	judicial district is represented; and
4.21 	(4) the Minnesota State Bar Association shall appoint 12 members among whom 
4.22 	each judicial district is represented.
4.23 		Subd. 3.Terms. (a) The commissioners shall serve staggered four-year terms. The 
4.24 	initial appointments shall be made by each appointing authority as follows:
4.25 	(1) three members to serve one-year terms;
4.26 	(2) three members to serve two-year terms;
4.27 	(3) three members to serve three-year terms; and
4.28 	(4) three members to serve four-year terms.
4.29 	(b) If the legislative leaders cannot agree on their three annual appointees on or 
4.30 	before the last day of December, on the immediately following January 1 the members 
4.31 	are appointed as follows:
4.32 	(1) in an even-numbered year, the speaker and minority leader of the house of 
4.33 	representatives and the majority leader of the senate shall each appoint one member; and
4.34 	(2) in an odd-numbered year, the speaker of the house of representatives and the 
4.35 	majority and minority leaders of the senate shall each appoint one member.
5.1 	(c) A commissioner who has served for ten years is ineligible for reappointment, but 
5.2 	may finish out the commissioner's current term.
5.3 		Subd. 4.Vacancies. If a vacancy occurs on the commission by reason of the death 
5.4 	or resignation of a commissioner, the vacancy is filled in the same manner as the original 
5.5 	appointment and subject to subdivision 2. If the speaker and minority leader of the house 
5.6 	of representatives and the majority and minority leaders of the senate have not agreed on 
5.7 	or before the last day of December of the calendar year the vacancy occurs, upon an 
5.8 	appointee to fill a vacancy that has existed for at least 30 days, then on the immediately 
5.9 	following January 1, the minority leader of the house or senate who is not scheduled to 
5.10 	make an appointment in case of disagreement may appoint a person to fill the vacancy. 
5.11 	The person who fills the vacancy serves for the remainder of the unexpired term.
5.12 		Subd. 5.Organization. The commission shall, at its first meeting in each calendar 
5.13 	year, elect a chair from its membership. The commission may employ a secretary and 
5.14 	other necessary staff.
5.15 		Subd. 6.Criteria. When the commission or an evaluation panel evaluates a judge 
5.16 	with respect to the judge's qualifications, performance, or reappointment, the commission 
5.17 	or panel:
5.18 	(1) shall focus strictly on public and professional considerations without regard to 
5.19 	partisan or other political concerns;
5.20 	(2) shall take into account the judge's:
5.21 	(i) integrity;
5.22 	(ii) impartiality;
5.23 	(iii) maturity;
5.24 	(iv) common sense;
5.25 	(v) judicial temperament;
5.26 	(vi) diligence;
5.27 	(vii) knowledge of the law and procedure;
5.28 	(viii) ability to promote public confidence in the judiciary;
5.29 	(ix) administrative skills;
5.30 	(x) communication skills;
5.31 	(xi) punctuality; and
5.32 	(xii) progress since the last evaluation; and
5.33 	(3) shall consider any other relevant criteria;
5.34 	(4) shall not evaluate the correctness of a judge's rulings, but may consider a judge's 
5.35 	abuse of discretion or improper conduct that an appellate court or a disciplinary body 
5.36 	identifies; and
6.1 	(5) may gather information from lawyers who practice before a judge being 
6.2 	evaluated, from litigants over whose cases the judge has presided, from direct observation, 
6.3 	by public hearings, and in any other appropriate way.
6.4 	The judge being evaluated may review and respond to any information the 
6.5 	commission considers.
6.6 		Subd. 7.Midterm evaluation. The commission shall evaluate each judge halfway 
6.7 	through the judge's term, as nearly as practicable, and at least one year before the judge's 
6.8 	term ends, to provide feedback to the judge about the judge's performance and to give 
6.9 	the judge an opportunity for improvement.
6.10 		Subd. 8.Evaluation upon application for reappointment. A judge seeking 
6.11 	reappointment shall notify the commission in writing at least one year before the judge's 
6.12 	term expires. An evaluation panel shall decide whether the judge merits reappointment.
6.13 		Subd. 9.Evaluation panels; review by full commission. An evaluation panel shall 
6.14 	consist of six commissioners, including at least one commissioner from each appointee 
6.15 	group but otherwise chosen randomly. A district judge who serves as a commissioner 
6.16 	may not evaluate another district judge who sits in the same judicial district. A panel 
6.17 	must report its recommendation to the commission. The full commission shall review a 
6.18 	panel's recommendation if the panel does not recommend reappointment, or if a panelist 
6.19 	or three commissioners request a review within 15 days after the panel reports. If a 
6.20 	recommendation is reviewed by the full commission, the judge who is the subject of the 
6.21 	evaluation may appear and attend any commission proceedings that affect the judge.
6.22 		Subd. 10.Open meetings. The commission is subject to the Minnesota Open 
6.23 	Meeting Law. Notwithstanding section 13.90, information that the commission receives, 
6.24 	considers, develops, or publishes is public data under the chapter 13.
6.25 		Subd. 11.Rules. The commission shall adopt rules establishing additional criteria 
6.26 	for the evaluation of judges and procedures for the efficient performance of its duties. The 
6.27 	commission is an "agency" for the purposes of chapter 13.

6.28 	Sec. 7. REVISOR'S INSTRUCTION.
 6.29 	(a) In Minnesota Statutes, the revisor of statutes shall change the terms "elect," 
6.30 	"election," "reelection," and similar terms to "appoint," "appointment," "reappointment," 
6.31 	and similar terms as appropriate.
6.32 	(b) The revisor of statutes shall submit, six months from the effective date of this 
6.33 	article, a report on necessary changes to Minnesota Statutes to reflect the appointment and 
6.34 	reappointment of judges to the house of representatives and senate committees having 
6.35 	jurisdiction over the judiciary.

7.1 	Sec. 8. REPEALER.
 7.2 	Minnesota Statutes 2006, sections 204B.06, subdivision 6; 204B.34, subdivision 
7.3 	3; 204B.36, subdivisions 4 and 5; 204D.14, subdivision 3; and 480A.02, subdivisions 2 
7.4 	and 4, are repealed.

7.5 	Sec. 9. EFFECTIVE DATE.
 7.6 	This article is effective upon adoption of the constitutional amendment proposed in 
7.7 	article 1.