Bill Text: MN SF1097 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Judicial vacancy determinations and retirement effective date modifications
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2012-01-26 - Author added Ingebrigtsen [SF1097 Detail]
Download: Minnesota-2011-SF1097-Introduced.html
1.2relating to the judiciary; establishing provisions for determining when a judicial
1.3vacancy occurs and requiring elections in certain cases; modifying the effective
1.4date of judicial retirements;amending Minnesota Statutes 2010, sections 2.722,
1.5subdivision 4; 490.126, subdivision 2.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 2.722, subdivision 4, is amended to read:
1.8 Subd. 4. Determination of a judicial vacancy; election. (a) When a judge of
1.9the district court dies, resigns, retires, or is removed from office, the Supreme Court,
1.10in consultation with judges and attorneys in the affected district, shall determine after
1.11receiving notice ofa vacancy an open office from the governor whether the vacant office
1.12position is necessary for effective judicial administration or is necessary for adequate
1.13access to the courts. In determining whether the position is necessary for adequate access
1.14to the courts, the Supreme Court shall consider whether abolition or transfer of the position
1.15would result in a county having no chambered judge. The Supreme Court may continue
1.16the position, may order the position abolished, or may transfer the position to a judicial
1.17district where need for additional judges exists, designating the position as either a county,
1.18county/municipal or district court judgeship. If an office becomes open on or after July
1.191 in an even-numbered year and the Supreme Court makes a determination at least two
1.20weeks before the general election to continue or transfer the position, the Supreme Court
1.21shall notify the official with whom nominating petitions are required to be filed for the
1.22judicial district where the position is continued or transferred and an election for the
1.23position must be held. In other cases, the Supreme Court shall certifyany a vacancy to the
1.24governor, who shall fill it in the manner provided by law.
2.1(b) If a judge of district court fails to timely file an affidavit of candidacy and filing
2.2fee or petition in lieu of a fee, the official with whom the affidavits of candidacy are
2.3required to be filed shall notify the Supreme Court that the incumbent judge is not seeking
2.4reelection. Within five days of receipt of the notice, the Supreme Court shall determine
2.5whether the judicial position is necessary for effective judicial administration or adequate
2.6access to the courts and notify the official responsible for certifying the election results of
2.7its determination. In determining whether the position is necessary for adequate access to
2.8the courts, the Supreme Court shall consider whether abolition or transfer of the position
2.9would result in a county having no chambered judge. The Supreme Court may continue
2.10the position, may order the position abolished, or may transfer the position to a judicial
2.11district where the need for additional judgeships exists. If the position is continued, the
2.12election must be held. If the position is abolishedor transferred, the election may not
2.13be held. If the position is transferred, the court shallalso notify the governor official
2.14with whom nominating petitions are required to be filed in the judicial district where the
2.15position is transferred of the transfer and an election must be held.Upon transfer, the
2.16position is vacant and the governor shall fill it in the manner provided by law. An order
2.17abolishing or transferring a position is effective the first Monday in the next January.
2.18(c) If an election is to be held for a position that is transferred under this subdivision
2.19or for a position that is continued and for which only one or no candidate filed, a vacancy
2.20in nomination exists, which may be filled as provided in section 204B.13, subdivision 4.
2.21 Sec. 2. Minnesota Statutes 2010, section 490.126, subdivision 2, is amended to read:
2.22 Subd. 2.Vacancies Effective date of retirement. Any judge may make written
2.23application to the governor for retirement. The governor thereupon shall direct the judge's
2.24retirement by written orderwhich, when filed, file the order in the Office of the Secretary
2.25of State,effects a vacancy in the office to be filled as provided by law and notify the
2.26Supreme Court for purposes of a determination under section 2.722, subdivision 4. The
2.27retirement is effective as of the date specified by the judge in the application for retirement.
1.3vacancy occurs and requiring elections in certain cases; modifying the effective
1.4date of judicial retirements;amending Minnesota Statutes 2010, sections 2.722,
1.5subdivision 4; 490.126, subdivision 2.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 2.722, subdivision 4, is amended to read:
1.8 Subd. 4. Determination of a judicial vacancy; election. (a) When a judge of
1.9the district court dies, resigns, retires, or is removed from office, the Supreme Court,
1.10in consultation with judges and attorneys in the affected district, shall determine after
1.11receiving notice of
1.12position is necessary for effective judicial administration or is necessary for adequate
1.13access to the courts. In determining whether the position is necessary for adequate access
1.14to the courts, the Supreme Court shall consider whether abolition or transfer of the position
1.15would result in a county having no chambered judge. The Supreme Court may continue
1.16the position, may order the position abolished, or may transfer the position to a judicial
1.17district where need for additional judges exists
1.18
1.191 in an even-numbered year and the Supreme Court makes a determination at least two
1.20weeks before the general election to continue or transfer the position, the Supreme Court
1.21shall notify the official with whom nominating petitions are required to be filed for the
1.22judicial district where the position is continued or transferred and an election for the
1.23position must be held. In other cases, the Supreme Court shall certify
1.24governor, who shall fill it in the manner provided by law.
2.1(b) If a judge of district court fails to timely file an affidavit of candidacy and filing
2.2fee or petition in lieu of a fee, the official with whom the affidavits of candidacy are
2.3required to be filed shall notify the Supreme Court that the incumbent judge is not seeking
2.4reelection. Within five days of receipt of the notice, the Supreme Court shall determine
2.5whether the judicial position is necessary for effective judicial administration or adequate
2.6access to the courts and notify the official responsible for certifying the election results of
2.7its determination. In determining whether the position is necessary for adequate access to
2.8the courts, the Supreme Court shall consider whether abolition or transfer of the position
2.9would result in a county having no chambered judge. The Supreme Court may continue
2.10the position, may order the position abolished, or may transfer the position to a judicial
2.11district where the need for additional judgeships exists. If the position is continued, the
2.12election must be held. If the position is abolished
2.13be held. If the position is transferred, the court shall
2.14with whom nominating petitions are required to be filed in the judicial district where the
2.15position is transferred of the transfer and an election must be held.
2.16
2.17abolishing or transferring a position is effective the first Monday in the next January.
2.18(c) If an election is to be held for a position that is transferred under this subdivision
2.19or for a position that is continued and for which only one or no candidate filed, a vacancy
2.20in nomination exists, which may be filled as provided in section 204B.13, subdivision 4.
2.21 Sec. 2. Minnesota Statutes 2010, section 490.126, subdivision 2, is amended to read:
2.22 Subd. 2.
2.23application to the governor for retirement. The governor thereupon shall direct the judge's
2.24retirement by written order
2.25of State,
2.26Supreme Court for purposes of a determination under section 2.722, subdivision 4. The
2.27retirement is effective as of the date specified by the judge in the application for retirement.
