Bill Text: MN HF2687 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: District judge disposition monthly review authorized for compliance with 90-day disposition requirement.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-04-29 - HF indefinitely postponed [HF2687 Detail]
Download: Minnesota-2013-HF2687-Engrossed.html
1.2relating to judiciary; authorizing monthly review of district judge dispositions for
1.3compliance with 90-day disposition requirement;amending Minnesota Statutes
1.42012, section 546.27, subdivision 2.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 546.27, subdivision 2, is amended to read:
1.7 Subd. 2. Boardof on Judicial Standards review. At least annually, The chief judges
1.8of the judicial districts and the Board on Judicial Standards shall review the compliance
1.9ofeach district judge judges with the provisions of subdivision 1 as provided in this
1.10subdivision. To facilitate this review, the director of the state judicial information system
1.11shallnotify the executive secretary of the state Board on Judicial Standards when a matter
1.12exceeds provide monthly reports to the chief judges identifying matters that have exceeded
1.13 90 days without a disposition.The board shall notify the commissioner of management
1.14and budget of each judge not in compliance. If the board finds that a judge has compelling
1.15reasons for noncompliance, it may decide not to issue the notice. Upon notification that the
1.16first 90-day infraction, the director shall notify the chief judge of the judge's district that a
1.17judge is not in compliance, the commissioner of management and budget shall not pay the
1.18salary of that judge. The board may cancel a notice of noncompliance upon finding that a
1.19judge is in compliance, but in no event shall a judge be paid a salary for the period in which
1.20the notification of noncompliance was in effect. The chief judge shall take appropriate
1.21action to remedy the infraction. Upon a second 90-day infraction occurring on or before
1.22five years from the date of the first infraction by the same judge, the director shall again
1.23refer the matter to the chief judge. Within 45 days of the referral, the chief judge shall
1.24develop a written plan with the judge to remedy the 90-day infraction and avoid future
2.190-day infractions and notify the Board on Judicial Standards of the development of the
2.2written plan. At a minimum, the written plan must include measures taken to release timely
2.3decisions, timelines for substantial compliance, and audit procedures to monitor progress.
2.4If at any time the judge fails to follow the written plan, the chief judge shall notify the
2.5Board on Judicial Standards for further action. Upon a third 90-day infraction on or before
2.6five years from the date of the first 90-day infraction, the chief judge shall notify the Board
2.7on Judicial Standards, which shall take appropriate action. This section does not affect the
2.8chief judge's duty under the Minnesota Code of Judicial Conduct to take appropriate action
2.9in response to violations of the code. Should the board receive a complaint alleging a
2.10serious violation of this section, the board's authority to review and act shall not be limited.
1.3compliance with 90-day disposition requirement;amending Minnesota Statutes
1.42012, section 546.27, subdivision 2.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 546.27, subdivision 2, is amended to read:
1.7 Subd. 2. Board
1.8of the judicial districts and the Board on Judicial Standards shall review the compliance
1.9of
1.10subdivision. To facilitate this review, the director of the state judicial information system
1.11shall
1.12
1.13 90 days without a disposition.
1.14
1.15
1.16first 90-day infraction, the director shall notify the chief judge of the judge's district that a
1.17judge is not in compliance
1.18
1.19
1.20
1.21action to remedy the infraction. Upon a second 90-day infraction occurring on or before
1.22five years from the date of the first infraction by the same judge, the director shall again
1.23refer the matter to the chief judge. Within 45 days of the referral, the chief judge shall
1.24develop a written plan with the judge to remedy the 90-day infraction and avoid future
2.190-day infractions and notify the Board on Judicial Standards of the development of the
2.2written plan. At a minimum, the written plan must include measures taken to release timely
2.3decisions, timelines for substantial compliance, and audit procedures to monitor progress.
2.4If at any time the judge fails to follow the written plan, the chief judge shall notify the
2.5Board on Judicial Standards for further action. Upon a third 90-day infraction on or before
2.6five years from the date of the first 90-day infraction, the chief judge shall notify the Board
2.7on Judicial Standards, which shall take appropriate action. This section does not affect the
2.8chief judge's duty under the Minnesota Code of Judicial Conduct to take appropriate action
2.9in response to violations of the code. Should the board receive a complaint alleging a
2.10serious violation of this section, the board's authority to review and act shall not be limited.
