1998 Minnesota Statutes

     488A.03 Court administrators, deputies. 

    Subdivision 1.  Repealed, Ex1971 c 8 s 2 

    Subd. 2.    Oath, bond.  (a) The court administrator 
 shall take and subscribe an oath to support the Constitution of 
 the United States and the state of Minnesota and to perform 
 faithfully the duties of the court administrator's office. 

    (b) The court administrator shall execute to the county of 
 Hennepin a penal bond in such sum and with such surety as the 
 county board directs, conditioned that: 

    (1)  The court administrator will account to and pay over 
 to the county treasurer as required by law all money belonging 
 to or to be paid to the county. 

    (2)  The court administrator will pay over to all persons 
 on demand all money to which they are entitled which comes into 
 the court administrator's hands as court administrator. 

    (3) At the expiration of tenure in office the court 
 administrator will forthwith pay to such county all money to 
 which it is entitled and to the court administrator's successor 
 in office all other money then remaining in the court 
 administrator's hands which came into the court administrator's 
 hands as court administrator. 

    (c) The court administrator may not enter upon official 
 duties until the court administrator's appointment, oath and 
 bond are filed with the county auditor. 

    Subd. 3.  Repealed, 1965 c 845 s 4 

    Subd. 3a.    Deputy court administrator.  (a) The court 
 has one chief deputy court administrator and such number of 
 assistant chief deputy court administrators Grade II, assistant 
 chief deputy court administrators, Grade I, deputy court 
 administrators and stenographers as the court administrator, 
 with the approval of a majority of the judges, deems necessary 
 from time to time, but no new or additional positions may be 
 created without the consent of the county board. 

    (b) With the approval of a majority of the judges the court 
 administrator shall appoint deputy court administrators. 

    (c) Each appointment shall be made under the hand of the 
 court administrator and seal of the court and the approval of a 
 majority of the judges shall be endorsed thereon. 

    (d) Each deputy shall take and subscribe an oath similar to 
 that prescribed for the court administrator and shall execute a 
 bond to the county of Hennepin for the faithful performance of 
 duties in such amount and with such terms, conditions, and 
 surety as the county board directs.  No deputy may enter upon an 
 office and duties before appointment, oath, and bond are filed 
 with the county auditor. 

    (e) The appointments of the deputy court administrators 
 shall be for terms of six years from their respective dates of 
 appointment and shall not expire or be suspended by reason of 
 the suspension, removal, termination of appointment, death, or 
 other incapacity of the court administrator.  At any time within 
 six months from the date of initial appointment, a deputy court 
 administrator may be removed and the deputy court 
 administrator's appointment terminated, with or without cause 
 and without prior notice or hearing.  At any time a deputy court 
 administrator may be suspended without pay for a period not 
 exceeding 30 days, with or without cause, after hearing before a 
 majority of the judges.  Except as otherwise provided herein, a 
 deputy court administrator, during the deputy court 
 administrator's term, may be removed and the appointment 
 terminated only for cause after notice and a hearing before a 
 majority of the judges.  Any termination, removal, or suspension 
 provided for in this subdivision shall be made by a majority of 
 the judges. 

    (f) The court administrator shall delegate, supervise, and 
 expedite the work and accounting of the deputy court 
 administrators.  The court administrator is not personally 
 responsible for their acts beyond the court administrator's 
 responsibility for proper delegation and supervision. 

    (g) Each deputy may administer oaths and affirmations, and 
 take acknowledgments and shall perform the duties and exercise 
 the powers of the court administrator which are delegated to the 
 deputy by the court administrator or by a majority of the judges 
 in the event of the death or disability of the court 
 administrator. 

    Subd. 4.    Powers and duties; supervision of judges.  
 (a) The court administrator may administer oaths and 
 affirmations and take acknowledgments.  The court administrator 
 has all the powers and shall perform all of the duties usually 
 incident to the office of a court administrator of a court of 
 record or necessary to carry out the purposes of this act. 

    (b) Under the supervision and approval of a majority of the 
 judges and with the consent of the county board the court 
 administrator shall procure at the expense of the county all 
 blanks, stationery, books, furniture, furnishings, and supplies 
 necessary for the use of the court and its officers and jurors. 

    (c) In the performance of all the court administrator's 
 duties the court administrator is subject to the control and 
 supervision of the judges.  

    Subd. 5.    Records, process and accounts.  The court 
 administrator shall make minutes, records and indices of all 
 proceedings; enter all orders, judgments and sentences; issue 
 commitments, execution and all other process; keep proper 
 accounts; have the custody and care of all books, files, 
 accounts, exhibits, papers and records of the court, and tax all 
 costs and disbursements. 

    Subd. 6.    Disposition of fines, fees and other money; 
 accounts.  (a) Except as otherwise provided herein and except 
 as otherwise provided by law, the court administrator shall pay 
 to the Hennepin county treasurer all fines and penalties 
 collected by the court administrator, all fees collected by the 
 court administrator for court administrator's services, all sums 
 forfeited to the court as hereinafter provided, and all other 
 money received by the court administrator.  

    (b) The court administrator shall provide the county 
 treasurer with the name of the municipality or other subdivision 
 of government where the offense was committed and the name and 
 official position of the officer who prosecuted the offense for 
 each fine or penalty, and the total amount of fines or penalties 
 collected for each such municipality or other subdivision of 
 government or for the county. 

    (c) At the beginning of the first day of any month the 
 amount owing to any municipality or county in the hands of the 
 court administrator shall not exceed $5,000.  

    (d) On or before the last day of each month the county 
 treasurer shall pay over to the treasurer of each municipality 
 or subdivision of government in Hennepin county all fines or 
 penalties collected during the previous month for offenses 
 committed within such municipality or subdivision of government, 
 except that all such fines and penalties attributable to cases 
 in which the county attorney had charge of the prosecution shall 
 be retained by the county treasurer and credited to the county 
 general revenue fund. 

    (e) Amounts represented by checks issued by the court 
 administrator or received by the court administrator which have 
 not cleared by the end of the month may be shown on the monthly 
 account as having been paid or received, subject to adjustment 
 on later monthly accounts. 

    (f) The court administrator may receive negotiable 
 instruments in payment of fines, penalties, fees or other 
 obligations as conditional payments, and is not held accountable 
 therefor until collection in cash is made and then only to the 
 extent of the net collection after deduction of the necessary 
 expense of collection. 

    Subd. 7.    Payment of witness fees and mileage.  The 
 court administrator shall pay such fees and mileage to witnesses 
 as may be ordered by any judge in any action or proceeding 
 involving a charged violation of a criminal law or municipal 
 ordinance.  The court administrator shall obtain receipts 
 therefor as vouchers for the sums paid and shall deduct these 
 payments from the amount otherwise due to the county. 

    Subd. 8.    Abandonment of deposits and bail.  (a) All 
 sums deposited with the court administrator to cover witness 
 fees, jury fees, court administrator's fees or the fees of 
 police officers shall be deemed abandoned and forfeited if the 
 witness fees are not disbursed or the services covered by the 
 fees are not performed and the person entitled to refund thereof 
 does not file a written demand for refund with the court 
 administrator within six months from the date of trial, 
 dismissal or striking of the cause as to jury fees and from the 
 date of deposit as to other fees. 

    (b) Any bail deposited with the court administrator and not 
 forfeited by court order shall be deemed abandoned and forfeited 
 if the person entitled to refund does not file a written demand 
 for refund with the court administrator within six months from 
 the date when the person became entitled to the refund.  All 
 such forfeited sums shall be paid over by the court 
 administrator to the county treasurer promptly. 

    (c) Any judge may order any sums so forfeited under (a) or 
 (b) to be reinstated for cause and the court administrator shall 
 then refund accordingly.  The county treasurer shall reimburse 
 the court administrator if the court administrator refunds the 
 deposit upon such an order and obtains a receipt to be used as a 
 voucher. 

    Subd. 9.    Disposition of forfeited sums.  All sums 
 collected on any bail, bond, or recognizance forfeited by court 
 order shall be paid to the county of Hennepin to be applied to 
 the support of the law library of the county.  The receipt of 
 the county treasurer to the court administrator shall be a 
 sufficient voucher therefor.  When the sums so forfeited, minus 
 refunds, during any calendar year equal $2,500, all sums in 
 excess thereof shall be paid to the county treasurer who shall 
 remit said sums to the municipality or subdivision of government 
 in which the violation occurred in accordance with the 
 provisions of this act.  Such payments to the county shall be 
 made periodically but not prior to six months from the date of 
 the order for forfeiture.  During that six month period, but not 
 thereafter, any judge may set aside the forfeiture order upon 
 proper showing of cause therefor.  No obligation to pay to the 
 county sums so ordered forfeited exists unless the forfeiture is 
 not set aside within said six-month period.  For the purpose of 
 determining when said $2,500 shall have accrued to the county 
 law library the final forfeiture shall be deemed to occur at the 
 end of the six-month period. 

    Subd. 10.    Order for prisoner release.  When a person 
 is confined to the Minneapolis workhouse and a fine is remitted, 
 a sentence stayed or suspended, the person released on parole, 
 or the release of the person secured by payment of the fine in 
 default of which the person was committed, the prisoner shall 
 not be released except upon order of the court.  A written 
 transcript of such order signed by the court administrator and 
 under the court's seal shall be furnished to the superintendent 
 of the Minneapolis workhouse.  All costs of confinement or 
 imprisonment in any jail or workhouse shall be paid by the 
 municipality or subdivision of government in Hennepin county in 
 which the violation occurred, except that the county shall pay 
 all costs of confinement or imprisonment incurred as a result of 
 a prosecution of a gross misdemeanor. 

    Subd. 11.    Fees payable to administrator.  (a) The 
 civil fees payable to the administrator for services are the 
 same in amount as the fees then payable to the district court of 
 Hennepin county for like services.  Library and filing fees are 
 not required of the defendant in an unlawful detainer action.  
 The fees payable to the administrator for all other services of 
 the administrator or the court shall be fixed by rules 
 promulgated by a majority of the judges. 

    (b) Fees are payable to the administrator in advance.  

    (c) Judgments will be entered only upon written application.

    (d) The following fees shall be taxed for all charges where 
 applicable:  (a) The state of Minnesota and any governmental 
 subdivision within the jurisdictional area of any district court 
 herein established may present cases for hearing before said 
 district court; (b) In the event the court takes jurisdiction of 
 a prosecution for the violation of a statute or ordinance by the 
 state or a governmental subdivision other than a city or town in 
 Hennepin county, all fines, penalties, and forfeitures collected 
 shall be paid over to the treasurer of the governmental 
 subdivision which submitted charges for prosecution under 
 ordinance violation and to the county treasurer in all other 
 charges except where a different disposition is provided by law, 
 in which case, payment shall be made to the public official 
 entitled thereto.  The following fees shall be taxed to the 
 county or to the state or governmental subdivision which would 
 be entitled to payment of the fines, forfeiture or penalties in 
 any case, and shall be paid to the court administrator for 
 disposing of the matter: 

    (1) For each charge where the defendant is brought into 
 court and pleads guilty and is sentenced, or the matter is 
 otherwise disposed of without trial .......... $5. 

    (2) In arraignments where the defendant waives a 
 preliminary examination .......... $10. 

    (3) For all other charges where the defendant stands trial 
 or has a preliminary examination by the court .......... $15. 

    (4) For all charges where a defendant was issued a statute, 
 traffic, or ordinance violation citation and a fine is paid or 
 the case is otherwise disposed of in a violations bureau 
 .......... $10. 

    (5) Upon the effective date of the increase in clause (4), 
 the fine schedule amounts shall be increased by $10.  

    Additional money, if any, received by the fourth judicial 
 district administrator as a result of this section shall be used 
 to fund an automated citation system and revenue collections 
 initiative and to pay the related administrative costs of the 
 court administrator's office.  

    Additional money, if any, received by the city of 
 Minneapolis as a result of this section shall be used to provide 
 additional funding to the city attorney for use in criminal 
 investigations and prosecutions.  This funding shall not be used 
 to supplant existing city attorney positions or services. 

    Subd. 11a.    Governmental units; fee exclusions.  Any 
 provision of law relating to the municipal court of Hennepin 
 county to the contrary notwithstanding, no fees shall be charged 
 by the court administrator of said municipal court to any 
 governmental unit of the state of Minnesota or any agency 
 thereof, located in whole or in part within the county of 
 Hennepin when said governmental unit or any agency thereof 
 transacts any business in, or they are a party to any action or 
 proceeding in, the Hennepin county municipal court. 

    Subd. 11b.    Criminal fees.  Notwithstanding the 
 provisions of subdivision 11a, beginning June 1, 1977, all 
 criminal fees shall be collected in Hennepin county municipal 
 court pursuant to subdivision 11. 

    Subd. 12.  Repealed, 1965 c 845 s 4 

    Subd. 12a.    Salaries.  (a) The annual salary of the 
 court administrator is $11,000 per year.  

    (b) The classifications and annual salaries of the deputy 
 court administrators are:  

    (1) Chief deputy court administrator, $9,000.  

    (2) Assistant chief deputy court administrators, Grade II, 
 $8,500.  

    (3) Assistant chief deputy court administrators, Grade I, 
 $8,000.  

    (4) Deputy court administrators, from $4,800 to $7,800.  

    (c) Stenographers, from $3,600 to $4,400 annually. 

    (d) All of the foregoing salaries are payable out of the 
 treasury of the county of Hennepin in semimonthly installments. 

    (e) Each deputy court administrator shall serve in the 
 deputy court administrator's classification for one year at the 
 minimum salary for that classification, and the deputy court 
 administrator's salary shall be increased at the end of each 
 year's service by $300 until such salaries reach the maximum 
 salaries for such classification.  Laws 1965, chapter 845, shall 
 not be construed to reduce the present salary of any deputy 
 court administrator.  Deputy court administrators returning from 
 active service in the armed forces of the United States shall 
 receive automatic salary increases in the same fashion as though 
 the time spent in said active service had been spent as a deputy 
 court administrator. 

    Subd. 13.    Destruction of records.  (a) Upon order of 
 all the judges the court administrator may destroy or dispose of 
 all of the following types of files and records of the court 
 which are more than ten years old: 

    (1) Garnishment files, uncontested, 

    (2) Motion calendars, special term, 

    (3) Unlawful detainer calendars, special term, 

    (4) Garnishment calendars, special term, 

    (5) General term calendars, 

    (6) Court reporters note books, 

    (7) Receipt books for prisoners, 

    (8) Old receipt books for probation department, 

    (9) Criminal and ordinance violations files, 

    (10) Cash books, 

    (11) Depositions, 

    (12) Traffic tags. 

    (b) Upon order of all the judges and upon ten days' written 
 notice to the president of the Hennepin county historical 
 society, the court administrator may destroy or dispose of all 
 files of civil or garnishment actions and actions of forcible 
 entry or unlawful detainer which were commenced more than 20 
 years prior to the judges' order and in which no proceedings 
 have occurred within ten years prior to the judges' order. 

    HIST: 1955 c 215 s 3; 1963 c 877 s 8-17; 1965 c 845 s 1,2; 
 1965 c 858 s 5; 1967 c 250 s 1; 1967 c 772 s 1; Ex1971 c 9 s 1; 
 1973 c 123 art 5 s 7; 1977 c 321 s 1; 1979 c 318 s 2; 1983 c 177 
 s 14; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 1987 c 190 s 1; 1998 c 
 367 art 8 s 7 

*   NOTE:  The amendment to subdivision 11 by Laws 1998, 
*chapter 367, article 8, section 7, expires July 1, 2000.  Laws 
*1998, chapter 367, article 8, section 25.