Bill Text: MN SF1082 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Constitutional amendment for retention elections for judges; judicial retention elections establishment and statutory provisions modifications; judicial performance evaluation commission creation
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2014-04-03 - Author stricken Rosen [SF1082 Detail]
Download: Minnesota-2013-SF1082-Engrossed.html
1.2relating to judicial selection; proposing an amendment to the Minnesota
1.3Constitution, article VI, sections 7 and 8; establishing retention elections for
1.4judges; creating a judicial performance evaluation commission; appropriating
1.5money;amending Minnesota Statutes 2012, sections 10A.01, subdivisions
1.67, 15; 204B.06, subdivision 6; 204B.34, subdivision 3; 204B.36, subdivision
1.74; 480B.01, subdivisions 1, 10, 11; Minnesota Statutes 2013 Supplement,
1.8sections 10A.01, subdivision 10; 10A.14, subdivision 1; 10A.20, subdivision 2;
1.9proposing coding for new law in Minnesota Statutes, chapters 204D; 480B;
1.10490A; repealing Minnesota Statutes 2012, sections 204B.36, subdivision 5;
1.11204D.14, subdivision 3.
1.12BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.15 Section 1. CONSTITUTIONAL AMENDMENT PROPOSED.
1.16 An amendment to the Minnesota Constitution is proposed to the people. If the
1.17amendment is adopted, article VI, section 7, will read:
1.18Sec. 7.The term of office of all judges shall be six years and until their successors
1.19are qualified. They Following appointment by the governor, each justice or judge shall
1.20initially hold office for a term ending the first Monday in January following the next
1.21regularly scheduled general election held more than one year after the appointment. A
1.22justice's or judge's retention shall beelected determined by the voters from the area which
1.23they are to serve the justice or judge serves, in the manner provided by law. The term of
1.24office of a justice or judge who is retained shall be six years and until a successor is
1.25appointed and qualified. A judicial performance evaluation commission shall evaluate in a
2.1nonpartisan manner the performance of justices or judges according to criteria that the
2.2commission develops and publishes, and any other criteria established by law.
2.3 article VI, section 8, will read:
2.4Sec. 8. Whenever there is a vacancy in the office of justice or judge, the governor
2.5shall appointin the manner provided by law a qualified person to fill the vacancy until a
2.6successor is elected and qualified. The successor shall be elected for a six year term at the
2.7next general election occurring more than one year after the appointment from a list of
2.8candidates nominated by a judicial selection commission, in the manner provided by law.
2.9 Sec. 2. SUBMISSION TO VOTERS.
2.10 (a) The proposed amendment must be submitted to the people at the 2014 general
2.11election. The question submitted must be:
2.12"Shall the Minnesota Constitution be amended to establish an independent public
2.13performance evaluation commission that would empower voters with nonpartisan
2.14information about the performance of justices and judges; restore accountability to voters
2.15through judicial retention elections; as well as enhance, protect, and ensure the quality,
2.16impartiality, and integrity of our courts by requiring merit selection for all justices and
2.17judges?
2.20(b) Notwithstanding Minnesota Statutes, section 204D.15, subdivision 1, the title for
2.21the question submitted to the people under paragraph (a) shall be "Impartial Election of
2.22Judges, Requiring Merit Selection and Public Performance Evaluation of Judges."
2.23 Sec. 3. TRANSITION.
2.24A justice or judge currently seated or elected at the time the constitutional
2.25amendment provided in section 1 is adopted shall complete the remainder of the justice's or
2.26judge's term as it existed before adoption of the amendment. Following completion of their
2.27terms, these justices or judges are subject to the retention election process as provided in
2.28the constitution and may file for retention following the procedures described in article 2.
2.31 Section 1. Minnesota Statutes 2012, section 10A.01, subdivision 7, is amended to read:
3.1 Subd. 7. Ballot question. "Ballot question" means a question or proposition that is
3.2placed on the ballot and that may be voted on by all voters of the state. "Promoting or
3.3defeating a ballot question" includes activities, other than lobbying activities, related to
3.4qualifying the question for placement on the ballot. A ballot question does not include a
3.5judicial retention election.
3.6 Sec. 2. Minnesota Statutes 2013 Supplement, section 10A.01, subdivision 10, is
3.7amended to read:
3.8 Subd. 10. Candidate. "Candidate" means an individual who seeks nomination
3.9or election as a state constitutional officer, or legislator, or judge retention in a judicial
3.10office. An individual is deemed to seek nomination or election if the individual has taken
3.11the action necessary under the law of this state to qualify for nomination or election, has
3.12received contributions or made expenditures in excess of $100, or has given implicit or
3.13explicit consent for any other person to receive contributions or make expenditures in
3.14excess of $100, for the purpose of bringing about the individual's nomination or election.
3.15A candidate remains a candidate until the candidate's principal campaign committee is
3.16dissolved as provided in section10A.243 .
3.17 Sec. 3. Minnesota Statutes 2012, section 10A.01, subdivision 15, is amended to read:
3.18 Subd. 15. Election. "Election" means a primary, special primary, general,or
3.19 special, or retention election.
3.20 Sec. 4. Minnesota Statutes 2013 Supplement, section 10A.14, subdivision 1, is
3.21amended to read:
3.22 Subdivision 1. First registration. The treasurer of a political committee, political
3.23fund, principal campaign committee, or party unit must register with the board by filing a
3.24registration statementno later than within the earliest of:
3.25 (1) 14 days after the committee, fund, or party unit has made a contribution, received
3.26contributions, or made expenditures in excess of $750, or by;
3.27(2) three days after the committee, fund, or party unit has made a contribution,
3.28received contributions, or made expenditures in excess of $750, if the contribution or
3.29expenditure was made to advocate the retention or defeat of a candidate for judicial
3.30office; or
3.31 (3) the end of the next business day after it has received a loan or contribution
3.32that must be reported under section10A.20, subdivision 5 , whichever is earlier. This
4.1subdivision does not apply to ballot question or independent expenditure political
4.2committees or funds, which are subject to subdivision 1a.
4.3 Sec. 5. Minnesota Statutes 2013 Supplement, section 10A.20, subdivision 2, is
4.4amended to read:
4.5 Subd. 2. Time for filing. (a) The reports must be filed with the board on or before
4.6January 31 of each year and additional reports must be filed as required and in accordance
4.7with paragraphs (b) to (d).
4.8(b) In each year in which the name of a candidate for legislativeor district court
4.9judicial office is on the ballot, the report of the principal campaign committee must be
4.10filed 15 days before a primary and ten days before a general election, seven days before a
4.11special primary and a special election, and ten days after a special election cycle.
4.12(c) In each general election year, a political committee, a political fund, a state party
4.13committee, a party unit established by all or a part of the party organization within a house
4.14of the legislature, and the principal campaign committee of a candidate for constitutional
4.15or appellate court judicial office must file reports on the following schedule:
4.16(1) a first-quarter report covering the calendar year through March 31, which is
4.17due April 14;
4.18(2) in a year in which a primary election is held in August, a report covering the
4.19calendar year through May 31, which is due June 14;
4.20(3) in a year in which a primary election is held before August, a pre-general-election
4.21report covering the calendar year through July 15, which is due July 29;
4.22(4) a pre-primary-election report due 15 days before a primary election;
4.23(5) a pre-general-election report due 42 days before the general election;
4.24(6) a pre-general-election report due ten days before a general election; and
4.25(7) for a special election, a constitutional office candidate whose name is on the
4.26ballot must file reports seven days before a special primary and a special election, and ten
4.27days after a special election cycle.
4.28(d) In each general election year in which a political committee, political fund,
4.29or party unit makes expenditures that, in the aggregate, exceed $750 to advocate the
4.30retention or defeat of a candidate for judicial office, reports must be filed 42 days and ten
4.31days before the retention election.
4.32(e) In each general election year, a party unit not included inparagraph paragraphs
4.33 (c) or (d) must file reports 15 days before a primary election and ten days before a general
4.34election.
5.1(e) (f) Notwithstanding paragraphs (a) to (d) (e), the principal campaign committee
5.2of a candidate whose name will not be on the general election ballot is not required to file
5.3the report due ten days before a general election or seven days before a special election.
5.4 Sec. 6. Minnesota Statutes 2012, section 204B.06, subdivision 6, is amended to read:
5.5 Subd. 6. Judicial retention candidates; designation ofterm office. An individual
5.6 A justice or judge who files as a retention candidate for the office of chief justice or associate
5.7justice of the Supreme Court, judge of the Court of Appeals, or judge of the district court
5.8shall state in the affidavit of candidacy the office of the particular justice or judge for
5.9which the individual is a retention candidate. The individual shall be a retention candidate
5.10only for the office identified in the affidavit. Each justice of the Supreme Court and each
5.11Court of Appeals and district court judge is deemed to hold a separate nonpartisan office.
5.12 Sec. 7. Minnesota Statutes 2012, section 204B.34, subdivision 3, is amended to read:
5.13 Subd. 3. Judicial elections. When one or more justices of the Supreme Court or
5.14judges of the Court of Appeals or of a district courtare to be nominated at the same
5.15primary or elected at the same general election have filed for retention election, the
5.16notice of election shall state the name of each justice or judgewhose successor is to
5.17be nominated or elected seeking retention.
5.18 Sec. 8. Minnesota Statutes 2012, section 204B.36, subdivision 4, is amended to read:
5.19 Subd. 4. Judicial retention candidates.The official ballot shall contain the names
5.20of all candidates for each judicial office and shall state the number of those candidates for
5.21whom a voter may vote. The official ballot shall contain the names of all justices or judges
5.22seeking to retain their offices. Each seat for an associate justice, associate judge, or judge
5.23of the district court must be numbered. The words "SUPREME COURT," "COURT OF
5.24APPEALS," and "(number) DISTRICT COURT" must be printed above the respective
5.25judicial office groups on the ballot. The title of each judicial office shall be printed on
5.26the official primary and general election ballot as follows:
5.27(a) (1) In the case of the Supreme Court:
5.28"Chief justice";
5.29"Associate justice (number)";
5.30(b) (2) In the case of the Court of Appeals:
5.31"Judge (number)"; or
5.32(c) (3) In the case of the district court:
5.33"Judge (number)."
6.1 Sec. 9. [204D.30] RETENTION OF JUSTICES AND JUDGES.
6.2 (a) Within the time period established by section 204B.09, a justice or judge seeking
6.3to retain judicial office shall file an affidavit of candidacy with the secretary of state.
6.4Justices or judges who have filed an affidavit of candidacy as provided in this section must
6.5be placed on the appropriate official ballot at the next regular general election under a
6.6nonpartisan designation in the form provided in section 204B.36, subdivision 4.
6.7 (b) If a majority of those voting on a judicial retention question votes "No," then
6.8upon the expiration of the term for which the justice or judge was serving, a vacancy
6.9exists which must be filled as provided by law. A justice or judge who loses a retention
6.10election may not be appointed to fill the resulting vacancy. If a majority of those voting
6.11on the question votes "Yes," the justice or judge shall be retained in office for a six-year
6.12term, beginning the first Monday in January following the retention election and subject to
6.13removal as provided by the Minnesota Constitution.
6.14 (c) A justice or judge seeking to retain judicial office is considered a candidate for
6.15election to that office. A judicial retention election is not a ballot question for the purposes
6.16of the Minnesota Election Law.
6.17 Sec. 10. Minnesota Statutes 2012, section 480B.01, subdivision 1, is amended to read:
6.18 Subdivision 1. Judicial vacancies. If ajudge justice of the Supreme Court, or
6.19judge of the Court of Appeals, district court, or Workers' Compensation Court of Appeals
6.20dies, resigns, retires, does not file a timely affidavit of candidacy for election to continue
6.21in office, or is removed during thejudge's justice's term of office, or if a new Supreme
6.22Court, Court of Appeals, district, or Workers' Compensation Court of Appeals judgeship is
6.23created, the resulting vacancy must be filled by the governor as provided in this section.
6.24 Sec. 11. Minnesota Statutes 2012, section 480B.01, subdivision 10, is amended to read:
6.25 Subd. 10. Judicial selection commission; notice to public. Upon receiving notice
6.26from the governor that a judicial vacancy has occurred or will occur on a specified date,
6.27the chair shall provide notice of the following information:
6.28(1) the office that is or will be vacant;
6.29(2) that applications from qualified persons or on behalf of qualified persons are
6.30being accepted by the commission;
6.31(3) that application forms may be obtained from the governor or the commission
6.32at a named address; and
6.33(4) that application forms must be returned to the commission by a named date.
7.1For a district court vacancy, the notice must be made available to attorney
7.2associations in the judicial district where the vacancy has occurred or will occur and to at
7.3least one newspaper of general circulation in each county in the district. For a Supreme
7.4Court, Court of Appeals, or Workers' Compensation Court of Appeals vacancy, the notice
7.5must be given to state attorney associations and all forms of the public media.
7.6 Sec. 12. Minnesota Statutes 2012, section 480B.01, subdivision 11, is amended to read:
7.7 Subd. 11. Nominees to governor. Within 60 days after the receipt of a notice of a
7.8judicial vacancy, thecommittee commission shall recommend submit to the governor no
7.9fewer than three and no more than five nominees for each judicial vacancy. The names
7.10of the nominees must be made public. The governormay shall fill the vacancy from the
7.11nominees recommended by the commission.If the governor declines to select a nominee
7.12to fill the vacancy from the list of nominees, or if no list is submitted to the governor under
7.13this subdivision, the governor may select a person to fill the vacancy without regard to the
7.14commission's recommendation. If fewer than 60 days remain in the term of office of a
7.15governor who will not succeed to another term, the governor may fill a vacancy without
7.16waiting for the commission to recommend a list of nominees.
7.17 Sec. 13. [480B.03] JUDICIAL RETENTION ELECTIONS.
7.18 Judicial retention elections must be conducted consistent with the procedures
7.19established by law for the administration of state general elections. Justices or judges
7.20standing for retention must be placed on the ballot as provided in section 204D.30.
7.21 Sec. 14. [490A.04] JUDICIAL PERFORMANCE EVALUATION COMMISSION.
7.22 Subdivision 1. Establishment. A Judicial Performance Evaluation Commission
7.23is established and shall be an independent body not subject to the direct control of any
7.24branch of government.
7.25 Subd. 2. Duties of commission. After public hearings, the commission shall adopt
7.26and administer for all justices or judges a process for evaluating judicial performance.
7.27The performance review process must be designed to assist voters in evaluating the
7.28performance of justices or judges standing for retention, facilitate self-improvement of all
7.29justices and judges, and promote public accountability of the judiciary.
7.30 Subd. 3. Composition; appointment of commission members. (a)(1) The
7.31commission is composed of 24 members. Each member of the commission must be a
7.32citizen of the United States and reside in Minnesota at the time of their appointment
7.33and for the duration of their term.
8.1(2) Sitting justices, judges, and public officials, as defined in section 10A.01,
8.2subdivision 35, may not be appointed to or serve on the commission. A person may
8.3not simultaneously serve as either a member of the Commission on Judicial Selection
8.4established in section 480B.01 or the Board on Judicial Standards established in section
8.5490A.01 while also serving as a member of the Judicial Performance Evaluation
8.6Commission established in this section. Members of the commission who are attorneys at
8.7the time of their appointment must have been admitted to practice before the Minnesota
8.8Supreme Court for not less than five years.
8.9 (b) Members of the commission must be appointed and serve as follows:
8.10 (1) the governor shall appoint a total of eight members, no more than three of whom
8.11may be attorneys at the time of their appointment. Gubernatorial appointees serve on the
8.12commission until the governor who made the appointment leaves office or for a four-year
8.13term, whichever comes first;
8.14 (2) the chief justice of the Supreme Court shall appoint a total of eight members.
8.15The chief justice shall designate one of the appointees to serve as chair of the commission.
8.16No more than four of the appointees may be attorneys at the time of the appointment. The
8.17chief justice's appointees serve on the commission for a four-year term; and
8.18 (3) the legislature shall appoint a total of eight members, no more than four of whom
8.19may be attorneys at the time of the appointment. Legislative appointments must be made
8.20sequentially as follows: the speaker of the house shall appoint one member, the minority
8.21leader of the house of representatives shall appoint one member, the senate majority leader
8.22shall appoint one member, and the senate minority leader shall appoint one member. After
8.23each appointing authority has made the appointments as provided in this clause, a second
8.24round of appointments must be made in the same sequence. Legislative appointees serve
8.25on the commission for a two-year term.
8.26Members of the commission are eligible for reappointment up to two additional full
8.27terms. Upon expiration of a member's term, the member shall continue to serve until a
8.28successor is appointed and qualified. In the case of a vacancy on the commission, the
8.29authority who appointed the member whose seat has become vacant shall appoint a person
8.30to fill the vacancy for the remainder of the unexpired term.
8.31 (c) In making appointments, the governor, Supreme Court, and the legislature shall
8.32include qualified members of minority groups as well as consider the importance of
8.33balanced geographic representation, and appoint individuals of outstanding competence
8.34and reputation. The governor, chief justice, and the legislature are encouraged to consult
8.35with each other to ensure the requirements of this paragraph are met.
9.1 (d) Members shall perform commission duties in an impartial and objective
9.2manner and shall base their recommendations solely upon matters that are in the record
9.3developed by the commission. Members of the commission are subject to section 10A.07.
9.4Notwithstanding paragraph (e), a member who violates this paragraph may be removed
9.5from the commission by majority vote of the commission's membership.
9.6 (e) A member may be removed by the appointing authority at any time for cause,
9.7after notice and hearing, or after missing three consecutive meetings. After a member
9.8misses two consecutive meetings and before the next meeting, the executive secretary of
9.9the commission shall notify the member in writing that the member may be removed if the
9.10member misses the next meeting. The executive secretary of the commission shall inform
9.11the appointing authority if a member misses three consecutive meetings.
9.12(f) A commission member shall serve without compensation but may be reimbursed
9.13for expenses associated with the member's work on the commission.
9.14(g) The commission shall appoint an executive secretary to provide administrative
9.15assistance and coordinate the work of the commission.
9.16 Subd. 4. Meetings and data. Meetings of the Judicial Performance Evaluation
9.17Commission must be open to the public, except that a meeting held to evaluate the
9.18performance of a justice or judge may be closed to discuss issues related to the justice's
9.19or judge's health or allegations against the justice or judge that may be defamatory. The
9.20commission is subject to chapter 13D. Data collected by the commission must be made
9.21available to the public, except where otherwise provided in this section.
9.22 Subd. 5. Standards and procedures. (a) The Judicial Performance Evaluation
9.23Commission shall develop written standards, subject to approval of the Supreme Court
9.24in its entirety, by which judicial performance is to be evaluated. The standards must
9.25be periodically reviewed and updated and must include knowledge of the law, legal
9.26procedure, integrity, impartiality, temperament, respect for litigants, respect for the rule
9.27of law, administrative skill, punctuality, and communication skills. The commission
9.28must not evaluate judicial performance based on substantive legal issues or opinions that
9.29are subject to standard appellate processes.
9.30 (b) The commission shall adopt procedures for collecting information and
9.31conducting reviews and shall create and implement a program of periodic review of the
9.32performance of each justice or judge. The commission must request public comment on
9.33these procedures before adoption. The request for public comment shall be made in the
9.34same manner provided for in section 480B.01, subdivision 10.
9.35 Subd. 6. Surveys. (a) Midway through a justice's or judge's six-year term and again
9.36no fewer than nine months before the date of a justice's or judge's retention election, the
10.1commission must distribute anonymous survey forms eliciting performance evaluations of
10.2the justice or judge to a representative sampling of attorneys, litigants, other justices or
10.3judges, and other persons who have been in direct contact with the justice or judge being
10.4evaluated and who have direct knowledge of the justice's or judge's judicial performance
10.5during the evaluation period.
10.6 (b) The commission must employ or contract with qualified individuals to prepare
10.7survey forms, process responses, and compile the statistical reports of the survey results in
10.8a manner that ensures confidentiality and accuracy.
10.9 (c) Each survey conducted must seek evaluations in accordance with the written
10.10performance standards adopted as provided in paragraph (a) and must solicit narrative
10.11comments regarding the justice's or judge's performance. Narrative comments contained
10.12in a survey response and data on an individual who completes or responds to a survey
10.13form must not be made available to the public.
10.14 Subd. 7. Midterm evaluation. The commission shall evaluate each justice or
10.15judge halfway through the justice's or judge's six-year term, as nearly as practicable,
10.16to provide feedback to the justice or judge about the justice's or judge's performance
10.17and to give the justice or judge an opportunity for improvement. The commission shall
10.18adopt procedures for conducting the midterm evaluation. Midterm evaluations must not
10.19be made available to the public.
10.20 Subd. 8. Retention-year evaluation. (a) In each year in which a justice or judge has
10.21the opportunity to file as a candidate for retention, the Judicial Performance Evaluation
10.22Commission must conduct an evaluation of the justice or judge and determine whether the
10.23justice or judge meets or does not meet judicial performance standards. Upon completion
10.24of the evaluation, the commission must rate the justice or judge "well-qualified,"
10.25"qualified," or "unqualified" for office. A rating of "unqualified" does not prohibit a justice
10.26or judge from seeking retention by the voters.
10.27(b) The evaluation of a justice or judge must include a public hearing and an
10.28opportunity for submission of written public comments on the performance of a justice or
10.29judge standing for retention. Before accepting public comment and conducting a hearing,
10.30the executive secretary must notify each justice or judge to be evaluated of the process for
10.31conducting the evaluation and the justice's or judge's right to submit written comments
10.32and appear in person at the hearing. The hearing and evaluation may be conducted by a
10.33panel of commission members, as provided in subdivision 9.
10.34(c) A justice or judge who does not intend to seek retention may waive the evaluation
10.35process by providing written notice to the commission affirming the justice's or judge's
10.36intention to not file as a retention candidate for the justice's or judge's current office. If
11.1a justice or judge waives the evaluation under this paragraph, the justice or judge is not
11.2eligible to file an affidavit of candidacy for the office and is not eligible to be appointed to
11.3fill the resulting vacancy.
11.4 Subd. 9. Evaluation panels; review by full commission. (a) The evaluation of
11.5a justice or judge may be conducted by an evaluation panel. An evaluation panel is
11.6composed of five members, including at least one member appointed by each branch of
11.7government, but otherwise chosen randomly. All five members of the panel must cast a
11.8vote in determining the rating of a justice or judge. If a member of the panel has a conflict
11.9of interest, that member shall be removed from the panel and the entity that made the
11.10initial appointment shall appoint a new member. A panel must report its results to the full
11.11commission. The full commission shall review a panel's evaluation if the panel rates
11.12a justice or judge unqualified, or if one panelist or three members of the commission
11.13request a review within 15 days after the panel makes its report. The commission may
11.14overturn a panel's rating. When reviewing a panel decision, if there is a tie vote by the
11.15full commission, the commission must reconvene no sooner than seven days and no later
11.16than 14 days from the date of the tie vote. The justice or judge may submit additional
11.17information to the panel during this time. When the commission reconvenes, it must vote
11.18again on the justice's or judge's rating. If there is a tie vote, the panel's determination is
11.19final. If a panel's report and rating is not reviewed, the panel's determination is final.
11.20Decisions of an evaluation panel or the full commission regarding a justice's or judge's
11.21performance are not subject to judicial review.
11.22(b) If an evaluation is reviewed by the full commission, the executive secretary shall
11.23provide written notice to the affected justice or judge. The justice or judge has the right
11.24to submit written comments to the commission and to appear before and be heard by
11.25the commission prior to a final vote of the commission members regarding the justice's
11.26or judge's performance.
11.27 Subd. 10. Publication of evaluation results. Following the evaluation of a justice
11.28or judge, the commission shall compile a factual report on the judicial performance of the
11.29justice or judge, including the final rating assigned to the justice's or judge's performance.
11.30The report must be made available to the public at least one month before the time period
11.31established in section 204B.09 for filing an affidavit of candidacy with the secretary of
11.32state. The report must be made in the same manner as provided for in section 480B.01,
11.33subdivision 10.
11.34 Subd. 11. Appropriation. (a) The amount necessary to fund the Judicial
11.35Performance Evaluation Commission is annually appropriated from the general fund
12.1to the Judicial Performance Evaluation Fund. Money in this fund shall only be used
12.2for purposes of the commission.
12.3(b) The appropriation in paragraph (a) must be reduced by the amount of any money
12.4specifically appropriated for the same purpose in any year from any state fund.
12.5 Sec. 15. JUDICIAL PERFORMANCE EVALUATION COMMISSION; FIRST
12.6MEETING; TRANSITION.
12.7 (a) Initial appointments to the Judicial Performance Evaluation Commission must
12.8be made by July 1, 2015.
12.9(b) Initial appointees shall serve for a term ending January 15, 2017, and may be
12.10considered for reappointment as provided in Minnesota Statutes, section 490A.04, at that
12.11time. The chair of the commission must convene the first full meeting of the commission
12.12no later than August 1, 2015, and appoint an acting executive secretary to serve the
12.13commission until an executive secretary is appointed at the first meeting.
12.14 Sec. 16. REVISOR'S INSTRUCTION.
12.15The revisor of statutes shall replace "judge" with either "justice or judge" or "justice
12.16and judge" in Minnesota Statutes wherever a specific office is not being referenced.
12.17 Sec. 17. REPEALER.
12.18Minnesota Statutes 2012, sections 204B.36, subdivision 5; and 204D.14, subdivision
12.193, are repealed.
12.20 Sec. 18. EFFECTIVE DATE.
12.21 If the constitutional amendment in article 1 is adopted, this article is effective July
12.221, 2015, except that the governor, legislature, and Supreme Court may immediately
12.23undertake any procedure necessary to consider and select potential appointees to the
12.24Judicial Performance Evaluation Commission.
1.3Constitution, article VI, sections 7 and 8; establishing retention elections for
1.4judges; creating a judicial performance evaluation commission; appropriating
1.5money;amending Minnesota Statutes 2012, sections 10A.01, subdivisions
1.67, 15; 204B.06, subdivision 6; 204B.34, subdivision 3; 204B.36, subdivision
1.74; 480B.01, subdivisions 1, 10, 11; Minnesota Statutes 2013 Supplement,
1.8sections 10A.01, subdivision 10; 10A.14, subdivision 1; 10A.20, subdivision 2;
1.9proposing coding for new law in Minnesota Statutes, chapters 204D; 480B;
1.10490A; repealing Minnesota Statutes 2012, sections 204B.36, subdivision 5;
1.11204D.14, subdivision 3.
1.12BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.15 Section 1. CONSTITUTIONAL AMENDMENT PROPOSED.
1.16 An amendment to the Minnesota Constitution is proposed to the people. If the
1.17amendment is adopted, article VI, section 7, will read:
1.18Sec. 7.
1.19
1.20initially hold office for a term ending the first Monday in January following the next
1.21regularly scheduled general election held more than one year after the appointment. A
1.22justice's or judge's retention shall be
1.23
1.24office of a justice or judge who is retained shall be six years and until a successor is
1.25appointed and qualified. A judicial performance evaluation commission shall evaluate in a
2.1nonpartisan manner the performance of justices or judges according to criteria that the
2.2commission develops and publishes, and any other criteria established by law.
2.3 article VI, section 8, will read:
2.4Sec. 8. Whenever there is a vacancy in the office of justice or judge, the governor
2.5shall appoint
2.6
2.7
2.8candidates nominated by a judicial selection commission, in the manner provided by law.
2.9 Sec. 2. SUBMISSION TO VOTERS.
2.10 (a) The proposed amendment must be submitted to the people at the 2014 general
2.11election. The question submitted must be:
2.12"Shall the Minnesota Constitution be amended to establish an independent public
2.13performance evaluation commission that would empower voters with nonpartisan
2.14information about the performance of justices and judges; restore accountability to voters
2.15through judicial retention elections; as well as enhance, protect, and ensure the quality,
2.16impartiality, and integrity of our courts by requiring merit selection for all justices and
2.17judges?
| 2.18 |
Yes ..... |
||
| 2.19 |
No
.....
" |
2.21the question submitted to the people under paragraph (a) shall be "Impartial Election of
2.22Judges, Requiring Merit Selection and Public Performance Evaluation of Judges."
2.23 Sec. 3. TRANSITION.
2.24A justice or judge currently seated or elected at the time the constitutional
2.25amendment provided in section 1 is adopted shall complete the remainder of the justice's or
2.26judge's term as it existed before adoption of the amendment. Following completion of their
2.27terms, these justices or judges are subject to the retention election process as provided in
2.28the constitution and may file for retention following the procedures described in article 2.
2.31 Section 1. Minnesota Statutes 2012, section 10A.01, subdivision 7, is amended to read:
3.1 Subd. 7. Ballot question. "Ballot question" means a question or proposition that is
3.2placed on the ballot and that may be voted on by all voters of the state. "Promoting or
3.3defeating a ballot question" includes activities, other than lobbying activities, related to
3.4qualifying the question for placement on the ballot. A ballot question does not include a
3.5judicial retention election.
3.6 Sec. 2. Minnesota Statutes 2013 Supplement, section 10A.01, subdivision 10, is
3.7amended to read:
3.8 Subd. 10. Candidate. "Candidate" means an individual who seeks nomination
3.9or election as a state constitutional officer
3.10office. An individual is deemed to seek nomination or election if the individual has taken
3.11the action necessary under the law of this state to qualify for nomination or election, has
3.12received contributions or made expenditures in excess of $100, or has given implicit or
3.13explicit consent for any other person to receive contributions or make expenditures in
3.14excess of $100, for the purpose of bringing about the individual's nomination or election.
3.15A candidate remains a candidate until the candidate's principal campaign committee is
3.16dissolved as provided in section
3.17 Sec. 3. Minnesota Statutes 2012, section 10A.01, subdivision 15, is amended to read:
3.18 Subd. 15. Election. "Election" means a primary, special primary, general,
3.19 special, or retention election.
3.20 Sec. 4. Minnesota Statutes 2013 Supplement, section 10A.14, subdivision 1, is
3.21amended to read:
3.22 Subdivision 1. First registration. The treasurer of a political committee, political
3.23fund, principal campaign committee, or party unit must register with the board by filing a
3.24registration statement
3.25 (1) 14 days after the committee, fund, or party unit has made a contribution, received
3.26contributions, or made expenditures in excess of $750
3.27(2) three days after the committee, fund, or party unit has made a contribution,
3.28received contributions, or made expenditures in excess of $750, if the contribution or
3.29expenditure was made to advocate the retention or defeat of a candidate for judicial
3.30office; or
3.31 (3) the end of the next business day after it has received a loan or contribution
3.32that must be reported under section
4.1subdivision does not apply to ballot question or independent expenditure political
4.2committees or funds, which are subject to subdivision 1a.
4.3 Sec. 5. Minnesota Statutes 2013 Supplement, section 10A.20, subdivision 2, is
4.4amended to read:
4.5 Subd. 2. Time for filing. (a) The reports must be filed with the board on or before
4.6January 31 of each year and additional reports must be filed as required and in accordance
4.7with paragraphs (b) to (d).
4.8(b) In each year in which the name of a candidate for legislative
4.9
4.10filed 15 days before a primary and ten days before a general election, seven days before a
4.11special primary and a special election, and ten days after a special election cycle.
4.12(c) In each general election year, a political committee, a political fund, a state party
4.13committee, a party unit established by all or a part of the party organization within a house
4.14of the legislature, and the principal campaign committee of a candidate for constitutional
4.15
4.16(1) a first-quarter report covering the calendar year through March 31, which is
4.17due April 14;
4.18(2) in a year in which a primary election is held in August, a report covering the
4.19calendar year through May 31, which is due June 14;
4.20(3) in a year in which a primary election is held before August, a pre-general-election
4.21report covering the calendar year through July 15, which is due July 29;
4.22(4) a pre-primary-election report due 15 days before a primary election;
4.23(5) a pre-general-election report due 42 days before the general election;
4.24(6) a pre-general-election report due ten days before a general election; and
4.25(7) for a special election, a constitutional office candidate whose name is on the
4.26ballot must file reports seven days before a special primary and a special election, and ten
4.27days after a special election cycle.
4.28(d) In each general election year in which a political committee, political fund,
4.29or party unit makes expenditures that, in the aggregate, exceed $750 to advocate the
4.30retention or defeat of a candidate for judicial office, reports must be filed 42 days and ten
4.31days before the retention election.
4.32(e) In each general election year, a party unit not included in
4.33 (c) or (d) must file reports 15 days before a primary election and ten days before a general
4.34election.
5.1
5.2of a candidate whose name will not be on the general election ballot is not required to file
5.3the report due ten days before a general election or seven days before a special election.
5.4 Sec. 6. Minnesota Statutes 2012, section 204B.06, subdivision 6, is amended to read:
5.5 Subd. 6. Judicial retention candidates; designation of
5.6 A justice or judge who files as a retention candidate for the office of chief justice or associate
5.7justice of the Supreme Court, judge of the Court of Appeals, or judge of the district court
5.8shall state in the affidavit of candidacy the office of the particular justice or judge for
5.9which the individual is a retention candidate. The individual shall be a retention candidate
5.10only for the office identified in the affidavit. Each justice of the Supreme Court and each
5.11Court of Appeals and district court judge is deemed to hold a separate nonpartisan office.
5.12 Sec. 7. Minnesota Statutes 2012, section 204B.34, subdivision 3, is amended to read:
5.13 Subd. 3. Judicial elections. When one or more justices of the Supreme Court or
5.14judges of the Court of Appeals or of a district court
5.15
5.16notice of election shall state the name of each justice or judge
5.17
5.18 Sec. 8. Minnesota Statutes 2012, section 204B.36, subdivision 4, is amended to read:
5.19 Subd. 4. Judicial retention candidates.
5.20
5.21
5.22seeking to retain their offices. Each seat for an associate justice, associate judge, or judge
5.23of the district court must be numbered. The words "SUPREME COURT," "COURT OF
5.24APPEALS," and "(number) DISTRICT COURT" must be printed above the respective
5.25judicial office groups on the ballot. The title of each judicial office shall be printed on
5.26the official primary and general election ballot as follows:
5.27
5.28"Chief justice";
5.29"Associate justice (number)";
5.30
5.31"Judge (number)"; or
5.32
5.33"Judge (number)."
6.1 Sec. 9. [204D.30] RETENTION OF JUSTICES AND JUDGES.
6.2 (a) Within the time period established by section 204B.09, a justice or judge seeking
6.3to retain judicial office shall file an affidavit of candidacy with the secretary of state.
6.4Justices or judges who have filed an affidavit of candidacy as provided in this section must
6.5be placed on the appropriate official ballot at the next regular general election under a
6.6nonpartisan designation in the form provided in section 204B.36, subdivision 4.
6.7 (b) If a majority of those voting on a judicial retention question votes "No," then
6.8upon the expiration of the term for which the justice or judge was serving, a vacancy
6.9exists which must be filled as provided by law. A justice or judge who loses a retention
6.10election may not be appointed to fill the resulting vacancy. If a majority of those voting
6.11on the question votes "Yes," the justice or judge shall be retained in office for a six-year
6.12term, beginning the first Monday in January following the retention election and subject to
6.13removal as provided by the Minnesota Constitution.
6.14 (c) A justice or judge seeking to retain judicial office is considered a candidate for
6.15election to that office. A judicial retention election is not a ballot question for the purposes
6.16of the Minnesota Election Law.
6.17 Sec. 10. Minnesota Statutes 2012, section 480B.01, subdivision 1, is amended to read:
6.18 Subdivision 1. Judicial vacancies. If a
6.19judge of the Court of Appeals, district court, or Workers' Compensation Court of Appeals
6.20dies, resigns, retires, does not file a timely affidavit of candidacy for election to continue
6.21in office, or is removed during the
6.22Court, Court of Appeals, district, or Workers' Compensation Court of Appeals judgeship is
6.23created, the resulting vacancy must be filled by the governor as provided in this section.
6.24 Sec. 11. Minnesota Statutes 2012, section 480B.01, subdivision 10, is amended to read:
6.25 Subd. 10. Judicial selection commission; notice to public. Upon receiving notice
6.26from the governor that a judicial vacancy has occurred or will occur on a specified date,
6.27the chair shall provide notice of the following information:
6.28(1) the office that is or will be vacant;
6.29(2) that applications from qualified persons or on behalf of qualified persons are
6.30being accepted by the commission;
6.31(3) that application forms may be obtained from the governor or the commission
6.32at a named address; and
6.33(4) that application forms must be returned to the commission by a named date.
7.1For a district court vacancy, the notice must be made available to attorney
7.2associations in the judicial district where the vacancy has occurred or will occur and to at
7.3least one newspaper of general circulation in each county in the district. For a Supreme
7.4Court, Court of Appeals, or Workers' Compensation Court of Appeals vacancy, the notice
7.5must be given to state attorney associations and all forms of the public media.
7.6 Sec. 12. Minnesota Statutes 2012, section 480B.01, subdivision 11, is amended to read:
7.7 Subd. 11. Nominees to governor. Within 60 days after the receipt of a notice of a
7.8judicial vacancy, the
7.9fewer than three and no more than five nominees for each judicial vacancy. The names
7.10of the nominees must be made public. The governor
7.11nominees recommended by the commission.
7.12
7.13
7.14
7.15
7.16
7.17 Sec. 13. [480B.03] JUDICIAL RETENTION ELECTIONS.
7.18 Judicial retention elections must be conducted consistent with the procedures
7.19established by law for the administration of state general elections. Justices or judges
7.20standing for retention must be placed on the ballot as provided in section 204D.30.
7.21 Sec. 14. [490A.04] JUDICIAL PERFORMANCE EVALUATION COMMISSION.
7.22 Subdivision 1. Establishment. A Judicial Performance Evaluation Commission
7.23is established and shall be an independent body not subject to the direct control of any
7.24branch of government.
7.25 Subd. 2. Duties of commission. After public hearings, the commission shall adopt
7.26and administer for all justices or judges a process for evaluating judicial performance.
7.27The performance review process must be designed to assist voters in evaluating the
7.28performance of justices or judges standing for retention, facilitate self-improvement of all
7.29justices and judges, and promote public accountability of the judiciary.
7.30 Subd. 3. Composition; appointment of commission members. (a)(1) The
7.31commission is composed of 24 members. Each member of the commission must be a
7.32citizen of the United States and reside in Minnesota at the time of their appointment
7.33and for the duration of their term.
8.1(2) Sitting justices, judges, and public officials, as defined in section 10A.01,
8.2subdivision 35, may not be appointed to or serve on the commission. A person may
8.3not simultaneously serve as either a member of the Commission on Judicial Selection
8.4established in section 480B.01 or the Board on Judicial Standards established in section
8.5490A.01 while also serving as a member of the Judicial Performance Evaluation
8.6Commission established in this section. Members of the commission who are attorneys at
8.7the time of their appointment must have been admitted to practice before the Minnesota
8.8Supreme Court for not less than five years.
8.9 (b) Members of the commission must be appointed and serve as follows:
8.10 (1) the governor shall appoint a total of eight members, no more than three of whom
8.11may be attorneys at the time of their appointment. Gubernatorial appointees serve on the
8.12commission until the governor who made the appointment leaves office or for a four-year
8.13term, whichever comes first;
8.14 (2) the chief justice of the Supreme Court shall appoint a total of eight members.
8.15The chief justice shall designate one of the appointees to serve as chair of the commission.
8.16No more than four of the appointees may be attorneys at the time of the appointment. The
8.17chief justice's appointees serve on the commission for a four-year term; and
8.18 (3) the legislature shall appoint a total of eight members, no more than four of whom
8.19may be attorneys at the time of the appointment. Legislative appointments must be made
8.20sequentially as follows: the speaker of the house shall appoint one member, the minority
8.21leader of the house of representatives shall appoint one member, the senate majority leader
8.22shall appoint one member, and the senate minority leader shall appoint one member. After
8.23each appointing authority has made the appointments as provided in this clause, a second
8.24round of appointments must be made in the same sequence. Legislative appointees serve
8.25on the commission for a two-year term.
8.26Members of the commission are eligible for reappointment up to two additional full
8.27terms. Upon expiration of a member's term, the member shall continue to serve until a
8.28successor is appointed and qualified. In the case of a vacancy on the commission, the
8.29authority who appointed the member whose seat has become vacant shall appoint a person
8.30to fill the vacancy for the remainder of the unexpired term.
8.31 (c) In making appointments, the governor, Supreme Court, and the legislature shall
8.32include qualified members of minority groups as well as consider the importance of
8.33balanced geographic representation, and appoint individuals of outstanding competence
8.34and reputation. The governor, chief justice, and the legislature are encouraged to consult
8.35with each other to ensure the requirements of this paragraph are met.
9.1 (d) Members shall perform commission duties in an impartial and objective
9.2manner and shall base their recommendations solely upon matters that are in the record
9.3developed by the commission. Members of the commission are subject to section 10A.07.
9.4Notwithstanding paragraph (e), a member who violates this paragraph may be removed
9.5from the commission by majority vote of the commission's membership.
9.6 (e) A member may be removed by the appointing authority at any time for cause,
9.7after notice and hearing, or after missing three consecutive meetings. After a member
9.8misses two consecutive meetings and before the next meeting, the executive secretary of
9.9the commission shall notify the member in writing that the member may be removed if the
9.10member misses the next meeting. The executive secretary of the commission shall inform
9.11the appointing authority if a member misses three consecutive meetings.
9.12(f) A commission member shall serve without compensation but may be reimbursed
9.13for expenses associated with the member's work on the commission.
9.14(g) The commission shall appoint an executive secretary to provide administrative
9.15assistance and coordinate the work of the commission.
9.16 Subd. 4. Meetings and data. Meetings of the Judicial Performance Evaluation
9.17Commission must be open to the public, except that a meeting held to evaluate the
9.18performance of a justice or judge may be closed to discuss issues related to the justice's
9.19or judge's health or allegations against the justice or judge that may be defamatory. The
9.20commission is subject to chapter 13D. Data collected by the commission must be made
9.21available to the public, except where otherwise provided in this section.
9.22 Subd. 5. Standards and procedures. (a) The Judicial Performance Evaluation
9.23Commission shall develop written standards, subject to approval of the Supreme Court
9.24in its entirety, by which judicial performance is to be evaluated. The standards must
9.25be periodically reviewed and updated and must include knowledge of the law, legal
9.26procedure, integrity, impartiality, temperament, respect for litigants, respect for the rule
9.27of law, administrative skill, punctuality, and communication skills. The commission
9.28must not evaluate judicial performance based on substantive legal issues or opinions that
9.29are subject to standard appellate processes.
9.30 (b) The commission shall adopt procedures for collecting information and
9.31conducting reviews and shall create and implement a program of periodic review of the
9.32performance of each justice or judge. The commission must request public comment on
9.33these procedures before adoption. The request for public comment shall be made in the
9.34same manner provided for in section 480B.01, subdivision 10.
9.35 Subd. 6. Surveys. (a) Midway through a justice's or judge's six-year term and again
9.36no fewer than nine months before the date of a justice's or judge's retention election, the
10.1commission must distribute anonymous survey forms eliciting performance evaluations of
10.2the justice or judge to a representative sampling of attorneys, litigants, other justices or
10.3judges, and other persons who have been in direct contact with the justice or judge being
10.4evaluated and who have direct knowledge of the justice's or judge's judicial performance
10.5during the evaluation period.
10.6 (b) The commission must employ or contract with qualified individuals to prepare
10.7survey forms, process responses, and compile the statistical reports of the survey results in
10.8a manner that ensures confidentiality and accuracy.
10.9 (c) Each survey conducted must seek evaluations in accordance with the written
10.10performance standards adopted as provided in paragraph (a) and must solicit narrative
10.11comments regarding the justice's or judge's performance. Narrative comments contained
10.12in a survey response and data on an individual who completes or responds to a survey
10.13form must not be made available to the public.
10.14 Subd. 7. Midterm evaluation. The commission shall evaluate each justice or
10.15judge halfway through the justice's or judge's six-year term, as nearly as practicable,
10.16to provide feedback to the justice or judge about the justice's or judge's performance
10.17and to give the justice or judge an opportunity for improvement. The commission shall
10.18adopt procedures for conducting the midterm evaluation. Midterm evaluations must not
10.19be made available to the public.
10.20 Subd. 8. Retention-year evaluation. (a) In each year in which a justice or judge has
10.21the opportunity to file as a candidate for retention, the Judicial Performance Evaluation
10.22Commission must conduct an evaluation of the justice or judge and determine whether the
10.23justice or judge meets or does not meet judicial performance standards. Upon completion
10.24of the evaluation, the commission must rate the justice or judge "well-qualified,"
10.25"qualified," or "unqualified" for office. A rating of "unqualified" does not prohibit a justice
10.26or judge from seeking retention by the voters.
10.27(b) The evaluation of a justice or judge must include a public hearing and an
10.28opportunity for submission of written public comments on the performance of a justice or
10.29judge standing for retention. Before accepting public comment and conducting a hearing,
10.30the executive secretary must notify each justice or judge to be evaluated of the process for
10.31conducting the evaluation and the justice's or judge's right to submit written comments
10.32and appear in person at the hearing. The hearing and evaluation may be conducted by a
10.33panel of commission members, as provided in subdivision 9.
10.34(c) A justice or judge who does not intend to seek retention may waive the evaluation
10.35process by providing written notice to the commission affirming the justice's or judge's
10.36intention to not file as a retention candidate for the justice's or judge's current office. If
11.1a justice or judge waives the evaluation under this paragraph, the justice or judge is not
11.2eligible to file an affidavit of candidacy for the office and is not eligible to be appointed to
11.3fill the resulting vacancy.
11.4 Subd. 9. Evaluation panels; review by full commission. (a) The evaluation of
11.5a justice or judge may be conducted by an evaluation panel. An evaluation panel is
11.6composed of five members, including at least one member appointed by each branch of
11.7government, but otherwise chosen randomly. All five members of the panel must cast a
11.8vote in determining the rating of a justice or judge. If a member of the panel has a conflict
11.9of interest, that member shall be removed from the panel and the entity that made the
11.10initial appointment shall appoint a new member. A panel must report its results to the full
11.11commission. The full commission shall review a panel's evaluation if the panel rates
11.12a justice or judge unqualified, or if one panelist or three members of the commission
11.13request a review within 15 days after the panel makes its report. The commission may
11.14overturn a panel's rating. When reviewing a panel decision, if there is a tie vote by the
11.15full commission, the commission must reconvene no sooner than seven days and no later
11.16than 14 days from the date of the tie vote. The justice or judge may submit additional
11.17information to the panel during this time. When the commission reconvenes, it must vote
11.18again on the justice's or judge's rating. If there is a tie vote, the panel's determination is
11.19final. If a panel's report and rating is not reviewed, the panel's determination is final.
11.20Decisions of an evaluation panel or the full commission regarding a justice's or judge's
11.21performance are not subject to judicial review.
11.22(b) If an evaluation is reviewed by the full commission, the executive secretary shall
11.23provide written notice to the affected justice or judge. The justice or judge has the right
11.24to submit written comments to the commission and to appear before and be heard by
11.25the commission prior to a final vote of the commission members regarding the justice's
11.26or judge's performance.
11.27 Subd. 10. Publication of evaluation results. Following the evaluation of a justice
11.28or judge, the commission shall compile a factual report on the judicial performance of the
11.29justice or judge, including the final rating assigned to the justice's or judge's performance.
11.30The report must be made available to the public at least one month before the time period
11.31established in section 204B.09 for filing an affidavit of candidacy with the secretary of
11.32state. The report must be made in the same manner as provided for in section 480B.01,
11.33subdivision 10.
11.34 Subd. 11. Appropriation. (a) The amount necessary to fund the Judicial
11.35Performance Evaluation Commission is annually appropriated from the general fund
12.1to the Judicial Performance Evaluation Fund. Money in this fund shall only be used
12.2for purposes of the commission.
12.3(b) The appropriation in paragraph (a) must be reduced by the amount of any money
12.4specifically appropriated for the same purpose in any year from any state fund.
12.5 Sec. 15. JUDICIAL PERFORMANCE EVALUATION COMMISSION; FIRST
12.6MEETING; TRANSITION.
12.7 (a) Initial appointments to the Judicial Performance Evaluation Commission must
12.8be made by July 1, 2015.
12.9(b) Initial appointees shall serve for a term ending January 15, 2017, and may be
12.10considered for reappointment as provided in Minnesota Statutes, section 490A.04, at that
12.11time. The chair of the commission must convene the first full meeting of the commission
12.12no later than August 1, 2015, and appoint an acting executive secretary to serve the
12.13commission until an executive secretary is appointed at the first meeting.
12.14 Sec. 16. REVISOR'S INSTRUCTION.
12.15The revisor of statutes shall replace "judge" with either "justice or judge" or "justice
12.16and judge" in Minnesota Statutes wherever a specific office is not being referenced.
12.17 Sec. 17. REPEALER.
12.18Minnesota Statutes 2012, sections 204B.36, subdivision 5; and 204D.14, subdivision
12.193, are repealed.
12.20 Sec. 18. EFFECTIVE DATE.
12.21 If the constitutional amendment in article 1 is adopted, this article is effective July
12.221, 2015, except that the governor, legislature, and Supreme Court may immediately
12.23undertake any procedure necessary to consider and select potential appointees to the
12.24Judicial Performance Evaluation Commission.
