|485.01||Appointment; bond; duties.|
|485.011||Repealed, 1969 c 1151 s 9|
|485.012||Repealed, 1969 c 1151 s 9|
|485.013||Repealed, 1969 c 1151 s 9|
|485.014||Repealed, 1969 c 1151 s 9|
|485.015||Repealed, 1974 c 322 s 26|
|485.016||Repealed, 1969 c 1151 s 9|
|485.017||Repealed, 1969 c 1151 s 9|
|485.018||Salary, counties under 75,000 inhabitants.|
|485.02||Repealed, 1977 c 432 s 49|
|485.021||Investment of funds deposited with court administrator.|
|485.04||Repealed, 1957 c 110 s 1|
|485.05||Deputy court administrator in St. Louis county.|
|485.06||Search of records; certificate; public inspection.|
|485.07||Records to be kept.|
|485.08||Index of records.|
|485.09||Repealed, 1977 c 199 s 1|
|485.10||Entry of unregistered cases.|
|485.13||Destruction of files and documents.|
|485.14||Vital statistics, records received for preservation.|
|485.15||Land title registration documents, disposal.|
|485.16||Record all actions filed.|
|485.23||Destruction of certain records.|
|485.24||Repealed, 1969 c 1151 s 9|
|485.25||Repealed, 1969 c 1151 s 9|
|485.26||Repealed, 1969 c 1151 s 9|
485.01 Appointment; bond; duties.
A clerk of the district court for each county within the judicial district, who shall be known as the court administrator, shall be appointed by a majority of the district court judges in the district. The clerk, before entering upon the duties of office, shall give bond to the state, to be approved by the chief judge of the judicial district, conditioned for the faithful discharge of official duties. The bond, with an oath of office, shall be filed for record with the county recorder. The clerk shall perform all duties assigned by law and by the rules of the court. The clerk and all deputy clerks must not practice as attorneys in the court in which they are employed.
The duties, functions, and responsibilities which have been and may be required by law or rule to be performed by the clerk of district court shall be performed by the court administrator.
485.011 Repealed, 1969 c 1151 s 9
485.012 Repealed, 1969 c 1151 s 9
485.013 Repealed, 1969 c 1151 s 9
485.014 Repealed, 1969 c 1151 s 9
485.015 Repealed, 1974 c 322 s 26
485.016 Repealed, 1969 c 1151 s 9
485.017 Repealed, 1969 c 1151 s 9
485.018 Salary, counties under 75,000 inhabitants.
Subdivision 1. Repealed, 1999 c 60 s 3
Subd. 2. Set by board. Except in counties in a judicial district under section 480.181, subdivision 1, paragraph (b), the county board annually shall set by resolution the salary of the court administrator of district court which shall be paid to the court administrator of district court at such intervals as the board shall determine but not less often than once each month. At the January meeting the board shall set by resolution the salary to be paid the court administrator of district court for the term next following. In the event a vacancy occurs in the office of the court administrator of district court the board may set the annual salary for the remainder of the calendar year at an amount less than was set for that year. The salary of the court administrator of district court shall not be reduced during the term for which the court administrator is appointed.
In the event that duties are assigned to the court administrator of district court which are in addition to the court administrator's duties as court administrator, additional compensation may be provided for the additional duties. The county board by resolution shall determine the additional compensation which shall be paid and specify the duties for which the additional compensation is to be paid.
Subd. 2a. Withholding salary. Upon certification by the state court administrator that the court administrator of district court has failed to perform any of the duties assigned by law or by rule of court, the county board shall withhold the salary of the court administrator, and shall not pay the salary until receipt of notice from the state court administrator that the court administrator has performed the duties assigned by law or by rule of court.
Nothing in this subdivision shall be construed to prohibit the judges of the district court from removing a court administrator of district court from office.
Subd. 3. Repealed, 1975 c 301 s 16
Subd. 4. Repealed, 1999 c 60 s 3
Subd. 5. Collection of fees. The court administrator of district court shall charge and collect all fees as prescribed by law and all such fees collected by the court administrator as court administrator of district court shall be paid to the county treasurer. Except for those portions of forfeited bail paid to victims pursuant to existing law, the county treasurer shall forward all revenue from fees and forfeited bail collected under chapters 357, 487, and 574 to the state treasurer for deposit in the state treasury and credit to the general fund, unless otherwise provided in chapter 611A or other law, in the manner and at the times prescribed by the state treasurer, but not less often than once each month. If the defendant or probationer is located after forfeited bail proceeds have been forwarded to the state treasurer, the state treasurer shall reimburse the county, on request, for actual costs expended for extradition, transportation, or other costs necessary to return the defendant or probationer to the jurisdiction where the bail was posted, in an amount not more than the amount of forfeited bail. The court administrator of district court shall not retain any additional compensation, per diem or other emolument for services as court administrator of district court, but may receive and retain mileage and expense allowances as prescribed by law.
Subd. 6. Budget for office. Except in counties in a judicial district under section 480.181, subdivision 1, paragraph (b), the county board by resolution shall provide the budget for (1) the salaries of deputies, court administrators and other employees in the office of the court administrator of district court; (2) other expenses necessary in the performance of the duties of said office and (3) the payment of premiums of any bonds required of the court administrator of district court or any deputy, court administrator or employee in said office and the board is authorized to appropriate funds therefor and for the salary of the court administrator of district court.
Subd. 7. Repealed, 1990 c 571 s 49
Subd. 8. Provisions to take effect. The provisions of subdivisions 1 to 7 shall take effect in the respective counties specified in subdivisions 1 to 7 (1) upon the expiration of the term of the incumbent holding the office on July 1, 1965 or (2) upon the occurrence prior thereto of a vacancy in the office of court administrator of district court or (3) subsequent to July 1, 1965 and upon not less than 30 days' written notice by the court administrator of district court, the county board shall make the provisions of subdivisions 1 to 7 effective on the first day of the month following the expiration of the notice period.
HIST: 1965 c 822 s 6,7; 1967 c 388 s 6,7; 1969 c 1151 s 5,7; 1977 c 432 s 19; 1980 c 509 s 173; 1985 c 281 s 12; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 1989 c 209 art 1 s 40; 1989 c 335 art 3 s 23,24; 1990 c 512 s 12; 1992 c 571 art 17 s 2; 1994 c 465 art 3 s 42; 1999 c 60 s 2; 1999 c 216 art 7 s 30,31; 1999 c 243 art 11 s 7
* NOTE: Laws 1999, chapter 216, article 7, section 46, *subdivision 1, provides specific effective dates for the state *takeover of court administration costs under subdivisions 2 and *6, as amended by Laws 1999, chapter 216, article 7, sections 30 *and 31.
* NOTE: The amendment to subdivision 5 by Laws 1999, chapter *243, article 11, section 7, is effective July 1, 2000, with *respect to counties in the fifth, seventh, and ninth judicial *districts. Laws 1999, chapter 243, article 11, section 13.
485.02 Repealed, 1977 c 432 s 49
485.021 Investment of funds deposited with court administrator.
When money is paid into court pursuant to court order, the court administrator of district court, unless the court order specifies otherwise, may place such moneys with the county treasurer for investment, as provided by law. When such moneys are subsequently released, or otherwise treated, by court order, the same shall be immediately paid over by the county treasurer to the court administrator of district court who shall then fulfill the direction of the court order relative to such moneys.
(a) The county board shall determine the number of permanent full time deputies, clerks and other employees in the office of the court administrator of district court and shall fix the compensation for each position. The county board shall also budget for temporary deputies and other employees and shall fix their rates of compensation. This paragraph does not apply to a county in a judicial district under section 480.181, subdivision 1, paragraph (b).
(b) The court administrator shall appoint in writing the deputies and other employees, for whose acts the court administrator shall be responsible, and whom the court administrator may remove at pleasure. Before each enters upon official duties, the appointment and oath of each shall be filed with the county recorder.
* NOTE: Laws 1999, chapter 216, article 7, section 46, *subdivision 1, provides specific effective dates for the state *takeover of court administration costs under this section, as *amended by Laws 1999, chapter 216, article 7, section 32.
485.04 Repealed, 1957 c 110 s 1
485.05 Deputy court administrator in St. Louis county.
In all counties in the state now or hereafter having a population of more than 150,000 and wherein regular terms of the district court are held in three or more places, the court administrator of the district court therein, by an instrument in writing, under the court administrator's hand and seal, and with the approval of the district judge of the judicial district in which said county is situated, or, if there be more than one such district judge, with the approval of a majority thereof, may appoint deputies for whose acts the court administrator shall be responsible, such deputies to hold office as such until they shall be removed therefrom, which removal shall not be made except with the approval of the district judge or judges. The appointment and oath of every such deputy shall be filed with the county recorder.
485.06 Search of records; certificate; public inspection.
The court administrator, upon request of any person, shall make search of the books and records of the court administrator's office, and ascertain the existence, docketing, or satisfaction of any judgment or other lien, and certify the result of such search under the court administrator's hand and the seal of said court, giving the name of the party against whom any judgment or lien appears of record, the amount thereof, and the time of its entry; and, if satisfied of its satisfaction, and any other entries requested relative to such judgment. The court administrator's search will be a search for the exact match of the requested name. Nothing in this section shall prevent attorneys or others from having access to such books and records at all reasonable times, when no certificate is necessary or required.
485.07 Records to be kept.
Every court administrator shall procure and keep the following records at the expense of the county:
(1) a register of actions, in which the court administrator shall enter the title of each action, whether originally commenced in the court administrator's court, or brought there by appeal or transcript of judgment from another court of the state or the United States, and a minute of each paper filed in the cause, and all proceedings in them;
(2) a judgment roll, for each judgment rendered;
(3) a docket, in which the court administrator enters alphabetically the name of each judgment debtor, the amount of the judgment, and the precise time of its entry;
(4) indexes, as described in section 485.08, and any other records as the court may direct.
485.08 Index of records.
Every court administrator shall keep a plaintiff's and defendant's index to court records, in which all cases shall be entered in alphabetical order under the name of each plaintiff and defendant. The index shall set forth the names of the parties, date commenced, file number of the case, and such other data as the court may direct.
485.09 Repealed, 1977 c 199 s 1
485.10 Entry of unregistered cases.
Every court administrator shall enter upon the proper registers all cases, civil and criminal, which, through a mistake, inadvertence, or neglect of the administrator's predecessor in office, have not been registered. The true date of the filings in such cases shall be entered in the registers, and the entries, when so made, shall have the same force and effect as if made by the court administrator at the proper time; provided, that, in docketing any judgment, the date thereof shall be the time when actually docketed, and the lien thereof shall attach only from such date.
485.11 Printed calendars.
The court administrator of the district court in each of the several counties of this state shall provide calendars either printed or otherwise duplicated of the cases to be tried at the general terms thereof at the expense of the counties where such court is held. This section shall not apply to a county where only one term of court is held each year.
Vacancies in the office of the court administrator shall be filled by appointment by the senior judge, of the county where there is more than one judge therein; in judicial districts containing more than one county and having more than one judge therein, such appointment be made by the resident judge in said county, or, if there be no resident judge, by the next nearest judge of said district; and by the judge of the district court in judicial districts having only one judge.
The appointee shall give the bond and take the oath required by law, and shall hold office for the balance of such entire term for which the appointee shall be appointed, and until a successor qualifies. In case any such court administrator is adjudged insane, the judge shall appoint a competent person to act as court administrator in the court administrator's place until the court administrator shall be duly declared restored to sanity. The person so appointed shall take the oath and give the bond required by law of court administrators of the district court, and shall be entitled to the fees and emoluments of the office during the time the appointee shall so act, and the appointee's acts shall have the same force and effect as if performed by such court administrator.
485.13 Destruction of files and documents.
The court administrator of district court in all counties of this state is hereby authorized to destroy or otherwise dispose of the files, and all documents contained therein, in all cases which are more than ten years old, and which relate only to the following kinds of actions:
(a) Uncontested garnishments;
(b) Personal property tax judgments;
(c) Transcripts of judgments from municipal courts;
(d) Transcripts of judgment from other counties which pertain solely to money judgments.
Nothing herein contained shall relieve such court administrator of district court from maintaining the books and index records required under sections 485.07, 485.08, and 485.10, including the filing data, of any files, of which such disposal is made.
485.14 Vital statistics, records received for preservation.
The court administrators of the district court may, at their option as county registrars of vital statistics, receive for preservation records or certificates of live birth, death or stillbirth from town clerks, statutory city clerks, city agents of a board of health as authorized under section 145A.04 of cities which do not maintain local registration of vital statistics under section 144.214, or other local officers, who may have lawful custody and possession thereof in their respective counties. The court administrators taking possession of such records and certificates shall with regard to them be subject to all applicable provisions of sections 144.211 to 144.227.
485.15 Land title registration documents, disposal.
Subdivision 1. The court administrator of district court in any county of this state is hereby authorized to destroy or otherwise dispose of the files, and all documents contained therein, in all cases which are more than ten years old, and which relate only to proceedings subsequent to original registration of land titles wherein there are no defendants.
Subd. 2. Nothing herein contained shall relieve such court administrator of district court from maintaining the books and index records required under sections 485.07, 485.08, and 485.10, including the filing data, of any files, of which such disposal is made.
485.16 Record all actions filed.
Subdivision 1. Records kept. The court administrators of the district courts of the several counties shall keep a record of all actions and proceedings, civil and criminal, filed in the court, and shall furnish to the state appellate courts any information concerning the actions as is prescribed by rule of civil procedure.
Subd. 2. Criminal dispositions reported. The court administrator of the district court shall report to the supreme court within 30 days after a judge pronounces sentence following a felony conviction. The report must include the sentence pronounced, whether imposition was stayed, and other information requested by the supreme court.
485.23 Destruction of certain records.
Subdivision 1. Record destruction. The court administrator of the district court in all counties is authorized to destroy, or otherwise dispose of, the following documents on file in their respective offices under the conditions herein specified:
1. Not less than ten years after filing:
(a) County board petit jury lists, order to draw petit jury, venire for petit jury, order appointing bailiffs, copies of certificates for per diem and mileage for jurors, witnesses, and bailiffs, and copies of court calendars.
(b) Delinquent personal property tax lists.
(c) All warrants and citations of personal property tax delinquents in which judgment for such delinquent taxes has not been entered.
(d) Notice of election or appointment, and notice of qualification of city and township officers on file in the court administrator of district court office.
2. Not less than two years from the date thereof:
(a) Copies of law library receipts.
(b) Copies of certificates for payment of local registrars of vital statistics.
(c) Affidavits or statements on application for certified copies of records for veterans purposes or for use by branches of military service.
(d) Affidavits and prescriptions filed with court administrator of district court as provided in Laws 1919, chapter 455.
(e) All copies of rules of state departments filed with the court administrator of district court.
3. Not less than one year after the final determination of any civil action, and with the order of approval of any judge of the respective district:
(a) All exhibits, except written instruments, X-ray negatives, maps, surveys, plats, and profiles in drainage proceedings or other actions or proceedings affecting real estate or the title thereto.
(b) Settled cases, including stipulations for and order settling such case.
Subd. 2. Affect of statute. This section shall not affect any existing statute for destruction of files and documents in the court administrator of district court office in certain counties, or any special rule for destruction of records of the court administrator of district court office which may now be in effect or hereafter be adopted by the judge or judges of the respective judicial districts.
485.24 Repealed, 1969 c 1151 s 9
485.25 Repealed, 1969 c 1151 s 9
485.26 Repealed, 1969 c 1151 s 9
485.27 Duties; assignment.
The court administrator, with approval of the county board of commissioners, may transfer to the county board of commissioners duties of the court administrator relating to vital statistics under sections 144.211 to 144.227, to notaries public under section 359.061, to hospital liens under sections 514.69 and 514.70, and to marriage licenses under chapter 517. The county board of commissioners shall assign these duties to the appropriate county department. In the event of full state funding of the court administrator's offices in a judicial district, the functions shall become county functions in that judicial district.
* NOTE: Laws 1999, chapter 216, article 7, section 46, *subdivision 1, provides specific effective dates for the state *takeover of court administration costs under this section, as *amended by Laws 1999, chapter 216, article 7, section 33.
Official Publication of the State of Minnesota
Revisor of Statutes