Bill Text: MN SF1465 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Constitutional amendment for judges retention elections
Sponsorship: Bipartisan Bill
Status: (Introduced - Dead) 2012-01-26 - Author stricken Hann [SF1465 Detail]
Download: Minnesota-2011-SF1465-Introduced.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 2010, sections 10A.01, subdivisions 7,
1.610, 15; 10A.14, subdivision 1; 10A.20, subdivision 2; 204B.06, subdivision 6;
1.7204B.11, by adding a subdivision; 204B.34, subdivision 3; 204B.36, subdivision
1.84; 480B.01, subdivisions 1, 10; proposing coding for new law in Minnesota
1.9Statutes, chapters 204D; 480B; 490A; repealing Minnesota Statutes 2010,
1.10sections 204B.36, subdivision 5; 204D.14, subdivision 3.
1.11BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.14 Section 1. CONSTITUTIONAL AMENDMENT PROPOSED.
1.15 An amendment to the Minnesota Constitution is proposed to the people. If the
1.16amendment is adopted, article VI, section 7, will read:
1.17Sec. 7.The term of office of all judges shall be six years and until their successors are
1.18qualified. They Following appointment by the governor, each judge shall initially hold
1.19office for a term ending the first Monday in January following the next regularly scheduled
1.20general election held more than one year after the appointment. A judge's retention shall
1.21beelected determined by the voters from the area which they are to serve the judge
1.22serves, in the manner provided by law. The term of office of a judge who is retained shall
1.23be eight years and until a successor is appointed and qualified. A judicial performance
1.24evaluation commission shall evaluate in a nonpartisan manner the performance of judges
1.25according to criteria that the commission develops and publishes, and any other criteria
1.26established by law.
2.1 article VI, section 8, will read:
2.2Sec. 8. Whenever there is a vacancy in the office of judge, the governor shall appoint
2.3in the manner provided by law a qualified person to fill the vacancy until a successor is
2.4elected and qualified. The successor shall be elected for a six year term at the next general
2.5election occurring more than one year after the appointment from a list of candidates
2.6nominated by a merit selection commission, in the manner provided by law.
2.7 Sec. 2. SUBMISSION TO VOTERS.
2.8 The proposed amendment must be submitted to the people at the 2012 general
2.9election. The question submitted must be:
2.10"Shall the Minnesota Constitution be amended to strengthen the impartiality of the
2.11judiciary by providing that all judges be appointed by the governor from a list of candidates
2.12nominated by a merit selection commission, in the manner provided by law, with their
2.13continuation in office determined at a retention election after a public, nonpartisan
2.14evaluation of their performance by an independent performance evaluation commission?
2.17 Sec. 3. TRANSITION.
2.18A judge currently seated or elected at the time the constitutional amendment
2.19provided in section 1 is adopted shall complete the remainder of the judge's term as it
2.20existed before adoption of the amendment. Following completion of their terms, these
2.21judges are subject to the retention election process as provided in the constitution and may
2.22file for retention following the procedures described in article 2.
2.25 Section 1. Minnesota Statutes 2010, section 10A.01, subdivision 7, is amended to read:
2.26 Subd. 7. Ballot question. "Ballot question" means a question or proposition that is
2.27placed on the ballot and that may be voted on by all voters of the state. "Promoting or
2.28defeating a ballot question" includes activities, other than lobbying activities, related to
2.29qualifying the question for placement on the ballot. A ballot question does not include a
2.30judicial retention election.
2.31 Sec. 2. Minnesota Statutes 2010, section 10A.01, subdivision 10, is amended to read:
3.1 Subd. 10. Candidate. "Candidate" means an individual who seeks nomination
3.2or election as a state constitutional officer, or legislator, or judge retention in a judicial
3.3office. An individual is deemed to seek nomination or election if the individual has taken
3.4the action necessary under the law of this state to qualify for nomination or election, has
3.5received contributions or made expenditures in excess of $100, or has given implicit or
3.6explicit consent for any other person to receive contributions or make expenditures in
3.7excess of $100, for the purpose of bringing about the individual's nomination or election.
3.8A candidate remains a candidate until the candidate's principal campaign committee is
3.9dissolved as provided in section10A.24 .
3.10 Sec. 3. Minnesota Statutes 2010, section 10A.01, subdivision 15, is amended to read:
3.11 Subd. 15. Election. "Election" means a primary, special primary, general,or
3.12special, or retention election.
3.13 Sec. 4. Minnesota Statutes 2010, section 10A.14, subdivision 1, is amended to read:
3.14 Subdivision 1. First registration. The treasurer of a political committee, political
3.15fund, principal campaign committee, or party unit must register with the board by filing a
3.16statement of organizationno later than within the earliest of:
3.17(1) 14 days after the committee, fund, or party unit has made a contribution, received
3.18contributions, or made expenditures in excess of $100, or by;
3.19(2) 72 hours after the committee, fund, or party unit has made a contribution, received
3.20contributions, or made expenditures in excess of $100, if the contribution or expenditure
3.21was made to advocate the retention or defeat of a candidate for judicial office; or
3.22(3) the end of the next business day after it has received a loan or contribution that
3.23must be reported under section10A.20, subdivision 5 , whichever is earlier.
3.24 Sec. 5. Minnesota Statutes 2010, section 10A.20, subdivision 2, is amended to read:
3.25 Subd. 2. Time for filing. (a) The reports must be filed with the board on or before
3.26January 31 of each year and additional reports must be filed as required and in accordance
3.27with paragraphs (b) to(d) (e).
3.28(b) In each year in which the name of the candidate is on the ballot, the report of
3.29the principal campaign committee must be filed 15 days before a primary and ten days
3.30before a general election, seven days before a special primary and a special election,
3.31and ten days after a special election cycle.
3.32(c) In each general election year, a political committee or political fund must file
3.33reports 28 and 15 days before a primary and 42 and ten days before a general election.
4.1Beginning in 2012, reports required under this paragraph must also be filed 56 days before
4.2a primary.
4.3(d) In each general election year, a party unit must file reports 15 days before a
4.4primary and ten days before a general election.
4.5(e) In each general election year in which a political committee, political fund,
4.6or party unit makes expenditures that, in the aggregate, exceed $100 to advocate the
4.7retention or defeat of a candidate for judicial office, reports must be filed 42 days and ten
4.8days before the retention election.
4.9 Sec. 6. Minnesota Statutes 2010, section 204B.06, subdivision 6, is amended to read:
4.10 Subd. 6. Judicial retention candidates; designation ofterm office. An individual
4.11A justice or judge who files as a retention candidate for the office of chief justice or
4.12associate justice of the Supreme Court, judge of the Court of Appeals, or judge of the
4.13district court shall state in the affidavit of candidacy the office of the particular justice or
4.14judge for which the individual is a retention candidate. The individual shall be a retention
4.15candidate only for the office identified in the affidavit. Each justice of the Supreme
4.16Court and each Court of Appeals and district court judge is deemed to hold a separate
4.17nonpartisan office.
4.18 Sec. 7. Minnesota Statutes 2010, section 204B.11, is amended by adding a subdivision
4.19to read:
4.20 Subd. 3. Judicial performance evaluation fee. At the time of filing an affidavit of
4.21candidacy, in addition to the filing fee prescribed by subdivision 1, a candidate for justice
4.22of the Supreme Court, judge of the Court of Appeals, or judge of the district court shall
4.23pay to the filing officer a judicial performance evaluation fee of $....... Fees received by the
4.24filing officer must immediately be paid to the commissioner of management and budget,
4.25who must deposit them in the state treasury and credit them to the judicial performance
4.26evaluation fee account established by section 480B.05, subdivision 2.
4.27 Sec. 8. Minnesota Statutes 2010, section 204B.34, subdivision 3, is amended to read:
4.28 Subd. 3. Judicial elections. When one or more justices of the Supreme Court or
4.29judges of the Court of Appeals or of a district courtare to be nominated at the same
4.30primary or elected at the same general election have filed for retention election, the
4.31notice of election shall state the name of each justice or judgewhose successor is to
4.32be nominated or elected seeking retention.
5.1 Sec. 9. Minnesota Statutes 2010, section 204B.36, subdivision 4, is amended to read:
5.2 Subd. 4. Judicial retention candidates.The official ballot shall contain the names
5.3of all candidates for each judicial office and shall state the number of those candidates for
5.4whom a voter may vote. The official ballot shall contain the names of all justices or judges
5.5seeking to retain their offices. Each seat for an associate justice, associate judge, or judge
5.6of the district court must be numbered. The words "SUPREME COURT," "COURT OF
5.7APPEALS," and "(number) DISTRICT COURT" must be printed above the respective
5.8judicial office groups on the ballot. The title of each judicial office shall be printed on
5.9the official primary and general election ballot as follows:
5.10(a) (1) In the case of the Supreme Court:
5.11"Chief justice";
5.12"Associate justice (number)";
5.13(b) (2) In the case of the Court of Appeals:
5.14"Judge (number)"; or
5.15(c) (3) In the case of the district court:
5.16"Judge (number)."
5.17 Sec. 10. [204D.30] RETENTION OF JUDGES.
5.18 (a) Within the time period established by section 204B.09, a judge seeking to retain
5.19judicial office shall file an affidavit of candidacy with the secretary of state. Judges
5.20who have filed an affidavit of candidacy as provided in this section must be placed on
5.21the appropriate official ballot at the next regular general election under a nonpartisan
5.22designation in the form provided in section 204B.36, subdivision 4.
5.23 (b) If a majority of those voting on a judicial retention question votes "No," then
5.24upon the expiration of the term for which the judge was serving, a vacancy exists which
5.25must be filled as provided by law. A judge who loses a retention election may not be
5.26appointed to fill the resulting vacancy. If a majority of those voting on the question votes
5.27"Yes," the judge shall be retained in office for an eight-year term, beginning the first
5.28Monday in January following the retention election and subject to removal as provided
5.29by the Minnesota Constitution.
5.30 (c) A judge seeking to retain judicial office is considered a candidate for election to
5.31that office. A judicial retention election is not a ballot question for the purposes of the
5.32Minnesota Election Law.
5.33 Sec. 11. Minnesota Statutes 2010, section 480B.01, subdivision 1, is amended to read:
6.1 Subdivision 1. Judicial vacancies. If a judge of the Supreme Court, Court of
6.2Appeals, district court, or Workers' Compensation Court of Appeals dies, resigns, retires,
6.3or is removed during the judge's term of office, or if a new Supreme Court, Court of
6.4Appeals, district, or Workers' Compensation Court of Appeals judgeship is created, the
6.5resulting vacancy must be filled by the governor as provided in this section.
6.6 Sec. 12. Minnesota Statutes 2010, section 480B.01, subdivision 10, is amended to read:
6.7 Subd. 10. Merit selection commission; notice to the public. Upon receiving
6.8notice from the governor that a judicial vacancy has occurred or will occur on a specified
6.9date, the chair shall provide notice of the following information:
6.10(1) the office that is or will be vacant;
6.11(2) that applications from qualified persons or on behalf of qualified persons are
6.12being accepted by the merit selection commission;
6.13(3) that application forms may be obtained from the governor or the merit selection
6.14commission at a named address; and
6.15(4) that application forms must be returned to the merit selection commission by
6.16a named date.
6.17For a district court vacancy, the notice must be made available to attorney
6.18associations in the judicial district where the vacancy has occurred or will occur and to at
6.19least one newspaper of general circulation in each county in the district. For a Supreme
6.20Court, Court of Appeals, or Workers' Compensation Court of Appeals vacancy, the notice
6.21must be given to state attorney associations and all forms of the public media.
6.22 Sec. 13. [480B.03] JUDICIAL RETENTION ELECTIONS.
6.23 Judicial retention elections must be conducted consistent with the procedures
6.24established by law for the administration of state general elections. Judges standing for
6.25retention must be placed on the ballot as provided in section 204D.30.
6.26 Sec. 14. [490A.04] JUDICIAL PERFORMANCE EVALUATION COMMISSION.
6.27 Subdivision 1. Establishment. A Judicial Performance Evaluation Commission
6.28is established and shall be an independent body not subject to the direct control of any
6.29branch of government.
6.30 Subd. 2. Purpose of commission. After public hearings, the commission shall
6.31adopt and administer for all judges a process for evaluating judicial performance.
6.32The performance review process must be designed to assist voters in evaluating the
7.1performance of judges standing for retention, facilitate self-improvement of all judges,
7.2and promote public accountability of the judiciary.
7.3 Subd. 3. Composition; appointment of commission members. (a)(1) The
7.4commission is composed of 24 members. All members of the commission must be
7.5residents of Minnesota at the time of their appointment and for the duration of their term.
7.6(2) Sitting judges and public officials, as defined in section 10A.01, subdivision 35,
7.7may not be appointed or serve on the commission. A person may not simultaneously serve
7.8as either a member of the Commission on Judicial Selection established in section 480B.01
7.9or the Board on Judicial Standards established in section 490A.01 while also serving as a
7.10member of the Judicial Performance Evaluation Commission established in this section.
7.11Members of the commission who are attorneys at the time of their appointment must have
7.12been admitted to practice before the Minnesota Supreme Court for not less than five years.
7.13 (b) Members of the commission must be appointed and serve as follows:
7.14 (1) the governor shall appoint a total of eight members, no more than three of whom
7.15may be attorneys at the time of their appointment. Gubernatorial appointees serve on the
7.16commission until the governor who made the appointment leaves office or for a four-year
7.17term, whichever comes first;
7.18 (2) the Supreme Court shall appoint a total of eight members. The court shall
7.19designate one of the appointees to serve as chair of the commission. No more than four
7.20of the appointees may be attorneys at the time of the appointment. The Supreme Court's
7.21appointees serve on the commission for a four-year term; and
7.22 (3) the legislature shall appoint a total of eight members, no more than four of whom
7.23may be attorneys at the time of the appointment. Legislative appointments must be made
7.24sequentially as follows: the speaker of the house shall appoint one member, the minority
7.25leader of the house of representatives shall appoint one member, the senate majority leader
7.26shall appoint one member, and the senate minority leader shall appoint one member. After
7.27each appointing authority has made the appointments as provided in this clause, a second
7.28round of appointments must be made in the same sequence. Legislative appointees serve
7.29on the commission for a two-year term.
7.30Members of the commission are eligible for reappointment up to two additional full
7.31terms. Upon expiration of a member's term, the member shall continue to serve until a
7.32successor is appointed and qualified. In the case of a vacancy on the commission, the
7.33authority who appointed the member whose seat has become vacant shall appoint a person
7.34to fill the vacancy for the remainder of the unexpired term.
7.35 (c) In making appointments, the governor, Supreme Court, and the legislature shall
7.36include qualified members of minority groups as well as consider the importance of
8.1balanced geographic representation, and appoint individuals of outstanding competence
8.2and reputation. The governor, Supreme Court, and the legislature must consult with one
8.3another to ensure the requirements of this paragraph are met.
8.4 (d) Members shall perform commission duties in an impartial and objective manner
8.5and shall base their recommendations solely upon matters that are in the record developed
8.6by the commission. A member who violates this paragraph may be removed from the
8.7commission by majority vote of the commission's membership.
8.8 (e) A member may be removed by the appointing authority at any time for cause,
8.9after notice and hearing, or after missing three consecutive meetings. After a member
8.10misses two consecutive meetings and before the next meeting, the secretary of the
8.11commission shall notify the member in writing that the member may be removed if the
8.12member misses the next meeting. The chair of the commission shall inform the appointing
8.13authority if a member misses three consecutive meetings.
8.14(f) A commission member shall serve without compensation but may be reimbursed
8.15for expenses associated with the member's work on the commission.
8.16(g) The commission shall appoint an executive secretary to provide administrative
8.17assistance and coordinate the work of the commission. The Board on Judicial Standards
8.18shall provide additional support as necessary to facilitate the commission's work, upon
8.19request of the commission.
8.20 Subd. 4. Meetings and data. Meetings of the Judicial Performance Evaluation
8.21Commission must be open to the public, except that a meeting held to evaluate the
8.22performance of a judge may be closed to discuss issues related to the judge's health or
8.23allegations against the judge that may be defamatory. Data collected by the commission
8.24must be made available to the public, except where otherwise provided in this section.
8.25 Subd. 5. Standards and procedures. (a) The Judicial Performance Evaluation
8.26Commission shall develop written standards, subject to approval of the Supreme Court
8.27in its entirety, by which judicial performance is to be evaluated. The standards must
8.28be periodically updated and must include knowledge of the law, procedure, integrity,
8.29impartiality, temperament, respect for litigants, respect for the rule of law, administrative
8.30skill, punctuality, and communication skills. The commission must not evaluate judicial
8.31performance based on substantive legal issues or opinions that are subject to standard
8.32appellate processes.
8.33 (b) The commission shall adopt procedures for collecting information and
8.34conducting reviews and shall create and implement a program of periodic review of the
8.35performance of each judge. The commission must request public comment on these
8.36procedures before adoption.
9.1 Subd. 6. Surveys. (a) Midway through a judge's term and again no fewer than nine
9.2months before the date of a judge's retention election, the commission must distribute
9.3anonymous survey forms eliciting performance evaluations of the judge to a representative
9.4sampling of attorneys, litigants, other judges, and other persons who have been in direct
9.5contact with the judge being evaluated and who have direct knowledge of the judge's
9.6judicial performance during the evaluation period.
9.7 (b) The commission must employ or contract with qualified individuals to prepare
9.8survey forms, process responses, and compile the statistical reports of the survey results in
9.9a manner that ensures confidentiality and accuracy.
9.10 (c) Each survey conducted must seek evaluations in accordance with the written
9.11performance standards adopted as provided in paragraph (a) and must solicit narrative
9.12comments regarding the judge's performance. Narrative comments contained in a survey
9.13response, and data on an individual who completes or responds to a survey form must not
9.14be made available to the public.
9.15 Subd. 7. Midterm evaluation. The commission shall evaluate each judge halfway
9.16through the judge's term, as nearly as practicable, to provide feedback to the judge about
9.17the judge's performance and to give the judge an opportunity for improvement. The
9.18commission shall adopt procedures for conducting the midterm evaluation.
9.19 Subd. 8. Retention-year evaluation. (a) In each year in which a judge has the
9.20opportunity to file as a candidate for retention, the Judicial Performance Evaluation
9.21Commission must conduct an evaluation of the judge and determine whether the
9.22judge meets or does not meet judicial performance standards. Upon completion of
9.23the evaluation, the commission must rate the judge "well-qualified," "qualified," or
9.24"unqualified" for office. A rating of "unqualified" does not prohibit a judge from seeking
9.25retention by the voters.
9.26(b) The evaluation of a judge must include a public hearing and an opportunity
9.27for submission of written public comments on the performance of a judge standing for
9.28retention. Before accepting public comment and conducting a hearing, the commission
9.29must notify each judge to be evaluated of the process for conducting the evaluation and
9.30the judge's right to submit written comments and appear in person at the hearing. The
9.31hearing and evaluation may be conducted by a panel of commission members, as provided
9.32in subdivision 9.
9.33(c) A judge who does not intend to seek retention may waive the evaluation process
9.34by providing written notice to the commission affirming the judge's intention to not file as
9.35a retention candidate for the judge's current office. If a judge waives the evaluation under
10.1this paragraph, the judge is not eligible to file an affidavit of candidacy for the office and is
10.2not eligible to be appointed to fill the resulting vacancy.
10.3 Subd. 9. Evaluation panels; review by full commission. (a) The evaluation of a
10.4judge may be conducted by an evaluation panel. An evaluation panel is composed of five
10.5members, including at least one member appointed by each branch of government, but
10.6otherwise chosen randomly. A panel must report its results to the full commission. The
10.7full commission shall review a panel's evaluation if the panel rates a judge unqualified,
10.8or if one panelist or three members of the commission request a review within 15 days
10.9after the panel makes its report. The commission may overturn a panel's rating. If a
10.10panel's report and rating is not reviewed, the panel's determination is final. Decisions of an
10.11evaluation panel or the full commission regarding a judge's performance are not subject
10.12to judicial review.
10.13(b) If an evaluation is reviewed by the full commission, the commission shall
10.14provide written notice to the affected judge. The judge has the right to submit written
10.15comments to the commission and to appear before and be heard by the commission prior
10.16to a final vote of the commission members regarding the judge's performance.
10.17 Subd. 10. Publication of evaluation results. Following the evaluation of a judge,
10.18the commission shall compile a factual report on the judicial performance of the judge,
10.19including the final rating assigned to the judge's performance. The report must be made
10.20available to the public at least one month before the time period established in section
10.21204B.09 for filing an affidavit of candidacy with the secretary of state.
10.22 Sec. 15. JUDICIAL PERFORMANCE EVALUATION COMMISSION; FIRST
10.23MEETING; TRANSITION.
10.24 (a) Initial appointments must be made to the Judicial Performance Evaluation
10.25Commission on July 1, 2013.
10.26(b) Initial appointees shall serve for a term ending January 15, 2015, and may be
10.27considered for reappointment as provided in this article at that time. The chair of the
10.28commission must convene the first full meeting of the commission no later than August
10.291, 2013, and appoint a secretary for the commission at that first meeting. The Board on
10.30Judicial Standards shall provide administrative and other support as required to assist in
10.31convening the meeting.
10.32 Sec. 16. REPEALER.
10.33Minnesota Statutes 2010, sections 204B.36, subdivision 5; and 204D.14, subdivision
10.343, are repealed.
11.1 Sec. 17. EFFECTIVE DATE.
11.2 If the constitutional amendment in article 1 is adopted, this article is effective July
11.31, 2013, except that the governor, legislature, and Supreme Court may immediately
11.4undertake any procedure necessary to consider and select potential appointees to the
11.5Judicial 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 2010, sections 10A.01, subdivisions 7,
1.610, 15; 10A.14, subdivision 1; 10A.20, subdivision 2; 204B.06, subdivision 6;
1.7204B.11, by adding a subdivision; 204B.34, subdivision 3; 204B.36, subdivision
1.84; 480B.01, subdivisions 1, 10; proposing coding for new law in Minnesota
1.9Statutes, chapters 204D; 480B; 490A; repealing Minnesota Statutes 2010,
1.10sections 204B.36, subdivision 5; 204D.14, subdivision 3.
1.11BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.14 Section 1. CONSTITUTIONAL AMENDMENT PROPOSED.
1.15 An amendment to the Minnesota Constitution is proposed to the people. If the
1.16amendment is adopted, article VI, section 7, will read:
1.17Sec. 7.
1.18
1.19office for a term ending the first Monday in January following the next regularly scheduled
1.20general election held more than one year after the appointment. A judge's retention shall
1.21be
1.22serves, in the manner provided by law. The term of office of a judge who is retained shall
1.23be eight years and until a successor is appointed and qualified. A judicial performance
1.24evaluation commission shall evaluate in a nonpartisan manner the performance of judges
1.25according to criteria that the commission develops and publishes, and any other criteria
1.26established by law.
2.1 article VI, section 8, will read:
2.2Sec. 8. Whenever there is a vacancy in the office of judge, the governor shall appoint
2.3
2.4
2.5
2.6nominated by a merit selection commission, in the manner provided by law.
2.7 Sec. 2. SUBMISSION TO VOTERS.
2.8 The proposed amendment must be submitted to the people at the 2012 general
2.9election. The question submitted must be:
2.10"Shall the Minnesota Constitution be amended to strengthen the impartiality of the
2.11judiciary by providing that all judges be appointed by the governor from a list of candidates
2.12nominated by a merit selection commission, in the manner provided by law, with their
2.13continuation in office determined at a retention election after a public, nonpartisan
2.14evaluation of their performance by an independent performance evaluation commission?
| 2.15 |
Yes ..... |
||
| 2.16 |
No
.....
" |
2.17 Sec. 3. TRANSITION.
2.18A judge currently seated or elected at the time the constitutional amendment
2.19provided in section 1 is adopted shall complete the remainder of the judge's term as it
2.20existed before adoption of the amendment. Following completion of their terms, these
2.21judges are subject to the retention election process as provided in the constitution and may
2.22file for retention following the procedures described in article 2.
2.25 Section 1. Minnesota Statutes 2010, section 10A.01, subdivision 7, is amended to read:
2.26 Subd. 7. Ballot question. "Ballot question" means a question or proposition that is
2.27placed on the ballot and that may be voted on by all voters of the state. "Promoting or
2.28defeating a ballot question" includes activities, other than lobbying activities, related to
2.29qualifying the question for placement on the ballot. A ballot question does not include a
2.30judicial retention election.
2.31 Sec. 2. Minnesota Statutes 2010, section 10A.01, subdivision 10, is amended to read:
3.1 Subd. 10. Candidate. "Candidate" means an individual who seeks nomination
3.2or election as a state constitutional officer
3.3office. An individual is deemed to seek nomination or election if the individual has taken
3.4the action necessary under the law of this state to qualify for nomination or election, has
3.5received contributions or made expenditures in excess of $100, or has given implicit or
3.6explicit consent for any other person to receive contributions or make expenditures in
3.7excess of $100, for the purpose of bringing about the individual's nomination or election.
3.8A candidate remains a candidate until the candidate's principal campaign committee is
3.9dissolved as provided in section
3.10 Sec. 3. Minnesota Statutes 2010, section 10A.01, subdivision 15, is amended to read:
3.11 Subd. 15. Election. "Election" means a primary, special primary, general,
3.12special, or retention election.
3.13 Sec. 4. Minnesota Statutes 2010, section 10A.14, subdivision 1, is amended to read:
3.14 Subdivision 1. First registration. The treasurer of a political committee, political
3.15fund, principal campaign committee, or party unit must register with the board by filing a
3.16statement of organization
3.17(1) 14 days after the committee, fund, or party unit has made a contribution, received
3.18contributions, or made expenditures in excess of $100
3.19(2) 72 hours after the committee, fund, or party unit has made a contribution, received
3.20contributions, or made expenditures in excess of $100, if the contribution or expenditure
3.21was made to advocate the retention or defeat of a candidate for judicial office; or
3.22(3) the end of the next business day after it has received a loan or contribution that
3.23must be reported under section
3.24 Sec. 5. Minnesota Statutes 2010, section 10A.20, subdivision 2, is amended to read:
3.25 Subd. 2. Time for filing. (a) The reports must be filed with the board on or before
3.26January 31 of each year and additional reports must be filed as required and in accordance
3.27with paragraphs (b) to
3.28(b) In each year in which the name of the candidate is on the ballot, the report of
3.29the principal campaign committee must be filed 15 days before a primary and ten days
3.30before a general election, seven days before a special primary and a special election,
3.31and ten days after a special election cycle.
3.32(c) In each general election year, a political committee or political fund must file
3.33reports 28 and 15 days before a primary and 42 and ten days before a general election.
4.1Beginning in 2012, reports required under this paragraph must also be filed 56 days before
4.2a primary.
4.3(d) In each general election year, a party unit must file reports 15 days before a
4.4primary and ten days before a general election.
4.5(e) In each general election year in which a political committee, political fund,
4.6or party unit makes expenditures that, in the aggregate, exceed $100 to advocate the
4.7retention or defeat of a candidate for judicial office, reports must be filed 42 days and ten
4.8days before the retention election.
4.9 Sec. 6. Minnesota Statutes 2010, section 204B.06, subdivision 6, is amended to read:
4.10 Subd. 6. Judicial retention candidates; designation of
4.11A justice or judge who files as a retention candidate for the office of chief justice or
4.12associate justice of the Supreme Court, judge of the Court of Appeals, or judge of the
4.13district court shall state in the affidavit of candidacy the office of the particular justice or
4.14judge for which the individual is a retention candidate. The individual shall be a retention
4.15candidate only for the office identified in the affidavit. Each justice of the Supreme
4.16Court and each Court of Appeals and district court judge is deemed to hold a separate
4.17nonpartisan office.
4.18 Sec. 7. Minnesota Statutes 2010, section 204B.11, is amended by adding a subdivision
4.19to read:
4.20 Subd. 3. Judicial performance evaluation fee. At the time of filing an affidavit of
4.21candidacy, in addition to the filing fee prescribed by subdivision 1, a candidate for justice
4.22of the Supreme Court, judge of the Court of Appeals, or judge of the district court shall
4.23pay to the filing officer a judicial performance evaluation fee of $....... Fees received by the
4.24filing officer must immediately be paid to the commissioner of management and budget,
4.25who must deposit them in the state treasury and credit them to the judicial performance
4.26evaluation fee account established by section 480B.05, subdivision 2.
4.27 Sec. 8. Minnesota Statutes 2010, section 204B.34, subdivision 3, is amended to read:
4.28 Subd. 3. Judicial elections. When one or more justices of the Supreme Court or
4.29judges of the Court of Appeals or of a district court
4.30
4.31notice of election shall state the name of each justice or judge
4.32
5.1 Sec. 9. Minnesota Statutes 2010, section 204B.36, subdivision 4, is amended to read:
5.2 Subd. 4. Judicial retention candidates.
5.3
5.4
5.5seeking to retain their offices. Each seat for an associate justice, associate judge, or judge
5.6of the district court must be numbered. The words "SUPREME COURT," "COURT OF
5.7APPEALS," and "(number) DISTRICT COURT" must be printed above the respective
5.8judicial office groups on the ballot. The title of each judicial office shall be printed on
5.9the official primary and general election ballot as follows:
5.10
5.11"Chief justice";
5.12"Associate justice (number)";
5.13
5.14"Judge (number)"; or
5.15
5.16"Judge (number)."
5.17 Sec. 10. [204D.30] RETENTION OF JUDGES.
5.18 (a) Within the time period established by section 204B.09, a judge seeking to retain
5.19judicial office shall file an affidavit of candidacy with the secretary of state. Judges
5.20who have filed an affidavit of candidacy as provided in this section must be placed on
5.21the appropriate official ballot at the next regular general election under a nonpartisan
5.22designation in the form provided in section 204B.36, subdivision 4.
5.23 (b) If a majority of those voting on a judicial retention question votes "No," then
5.24upon the expiration of the term for which the judge was serving, a vacancy exists which
5.25must be filled as provided by law. A judge who loses a retention election may not be
5.26appointed to fill the resulting vacancy. If a majority of those voting on the question votes
5.27"Yes," the judge shall be retained in office for an eight-year term, beginning the first
5.28Monday in January following the retention election and subject to removal as provided
5.29by the Minnesota Constitution.
5.30 (c) A judge seeking to retain judicial office is considered a candidate for election to
5.31that office. A judicial retention election is not a ballot question for the purposes of the
5.32Minnesota Election Law.
5.33 Sec. 11. Minnesota Statutes 2010, section 480B.01, subdivision 1, is amended to read:
6.1 Subdivision 1. Judicial vacancies. If a judge of the Supreme Court, Court of
6.2Appeals, district court, or Workers' Compensation Court of Appeals dies, resigns, retires,
6.3or is removed during the judge's term of office, or if a new Supreme Court, Court of
6.4Appeals, district, or Workers' Compensation Court of Appeals judgeship is created, the
6.5resulting vacancy must be filled by the governor as provided in this section.
6.6 Sec. 12. Minnesota Statutes 2010, section 480B.01, subdivision 10, is amended to read:
6.7 Subd. 10. Merit selection commission; notice to the public. Upon receiving
6.8notice from the governor that a judicial vacancy has occurred or will occur on a specified
6.9date, the chair shall provide notice of the following information:
6.10(1) the office that is or will be vacant;
6.11(2) that applications from qualified persons or on behalf of qualified persons are
6.12being accepted by the merit selection commission;
6.13(3) that application forms may be obtained from the governor or the merit selection
6.14commission at a named address; and
6.15(4) that application forms must be returned to the merit selection commission by
6.16a named date.
6.17For a district court vacancy, the notice must be made available to attorney
6.18associations in the judicial district where the vacancy has occurred or will occur and to at
6.19least one newspaper of general circulation in each county in the district. For a Supreme
6.20Court, Court of Appeals, or Workers' Compensation Court of Appeals vacancy, the notice
6.21must be given to state attorney associations and all forms of the public media.
6.22 Sec. 13. [480B.03] JUDICIAL RETENTION ELECTIONS.
6.23 Judicial retention elections must be conducted consistent with the procedures
6.24established by law for the administration of state general elections. Judges standing for
6.25retention must be placed on the ballot as provided in section 204D.30.
6.26 Sec. 14. [490A.04] JUDICIAL PERFORMANCE EVALUATION COMMISSION.
6.27 Subdivision 1. Establishment. A Judicial Performance Evaluation Commission
6.28is established and shall be an independent body not subject to the direct control of any
6.29branch of government.
6.30 Subd. 2. Purpose of commission. After public hearings, the commission shall
6.31adopt and administer for all judges a process for evaluating judicial performance.
6.32The performance review process must be designed to assist voters in evaluating the
7.1performance of judges standing for retention, facilitate self-improvement of all judges,
7.2and promote public accountability of the judiciary.
7.3 Subd. 3. Composition; appointment of commission members. (a)(1) The
7.4commission is composed of 24 members. All members of the commission must be
7.5residents of Minnesota at the time of their appointment and for the duration of their term.
7.6(2) Sitting judges and public officials, as defined in section 10A.01, subdivision 35,
7.7may not be appointed or serve on the commission. A person may not simultaneously serve
7.8as either a member of the Commission on Judicial Selection established in section 480B.01
7.9or the Board on Judicial Standards established in section 490A.01 while also serving as a
7.10member of the Judicial Performance Evaluation Commission established in this section.
7.11Members of the commission who are attorneys at the time of their appointment must have
7.12been admitted to practice before the Minnesota Supreme Court for not less than five years.
7.13 (b) Members of the commission must be appointed and serve as follows:
7.14 (1) the governor shall appoint a total of eight members, no more than three of whom
7.15may be attorneys at the time of their appointment. Gubernatorial appointees serve on the
7.16commission until the governor who made the appointment leaves office or for a four-year
7.17term, whichever comes first;
7.18 (2) the Supreme Court shall appoint a total of eight members. The court shall
7.19designate one of the appointees to serve as chair of the commission. No more than four
7.20of the appointees may be attorneys at the time of the appointment. The Supreme Court's
7.21appointees serve on the commission for a four-year term; and
7.22 (3) the legislature shall appoint a total of eight members, no more than four of whom
7.23may be attorneys at the time of the appointment. Legislative appointments must be made
7.24sequentially as follows: the speaker of the house shall appoint one member, the minority
7.25leader of the house of representatives shall appoint one member, the senate majority leader
7.26shall appoint one member, and the senate minority leader shall appoint one member. After
7.27each appointing authority has made the appointments as provided in this clause, a second
7.28round of appointments must be made in the same sequence. Legislative appointees serve
7.29on the commission for a two-year term.
7.30Members of the commission are eligible for reappointment up to two additional full
7.31terms. Upon expiration of a member's term, the member shall continue to serve until a
7.32successor is appointed and qualified. In the case of a vacancy on the commission, the
7.33authority who appointed the member whose seat has become vacant shall appoint a person
7.34to fill the vacancy for the remainder of the unexpired term.
7.35 (c) In making appointments, the governor, Supreme Court, and the legislature shall
7.36include qualified members of minority groups as well as consider the importance of
8.1balanced geographic representation, and appoint individuals of outstanding competence
8.2and reputation. The governor, Supreme Court, and the legislature must consult with one
8.3another to ensure the requirements of this paragraph are met.
8.4 (d) Members shall perform commission duties in an impartial and objective manner
8.5and shall base their recommendations solely upon matters that are in the record developed
8.6by the commission. A member who violates this paragraph may be removed from the
8.7commission by majority vote of the commission's membership.
8.8 (e) A member may be removed by the appointing authority at any time for cause,
8.9after notice and hearing, or after missing three consecutive meetings. After a member
8.10misses two consecutive meetings and before the next meeting, the secretary of the
8.11commission shall notify the member in writing that the member may be removed if the
8.12member misses the next meeting. The chair of the commission shall inform the appointing
8.13authority if a member misses three consecutive meetings.
8.14(f) A commission member shall serve without compensation but may be reimbursed
8.15for expenses associated with the member's work on the commission.
8.16(g) The commission shall appoint an executive secretary to provide administrative
8.17assistance and coordinate the work of the commission. The Board on Judicial Standards
8.18shall provide additional support as necessary to facilitate the commission's work, upon
8.19request of the commission.
8.20 Subd. 4. Meetings and data. Meetings of the Judicial Performance Evaluation
8.21Commission must be open to the public, except that a meeting held to evaluate the
8.22performance of a judge may be closed to discuss issues related to the judge's health or
8.23allegations against the judge that may be defamatory. Data collected by the commission
8.24must be made available to the public, except where otherwise provided in this section.
8.25 Subd. 5. Standards and procedures. (a) The Judicial Performance Evaluation
8.26Commission shall develop written standards, subject to approval of the Supreme Court
8.27in its entirety, by which judicial performance is to be evaluated. The standards must
8.28be periodically updated and must include knowledge of the law, procedure, integrity,
8.29impartiality, temperament, respect for litigants, respect for the rule of law, administrative
8.30skill, punctuality, and communication skills. The commission must not evaluate judicial
8.31performance based on substantive legal issues or opinions that are subject to standard
8.32appellate processes.
8.33 (b) The commission shall adopt procedures for collecting information and
8.34conducting reviews and shall create and implement a program of periodic review of the
8.35performance of each judge. The commission must request public comment on these
8.36procedures before adoption.
9.1 Subd. 6. Surveys. (a) Midway through a judge's term and again no fewer than nine
9.2months before the date of a judge's retention election, the commission must distribute
9.3anonymous survey forms eliciting performance evaluations of the judge to a representative
9.4sampling of attorneys, litigants, other judges, and other persons who have been in direct
9.5contact with the judge being evaluated and who have direct knowledge of the judge's
9.6judicial performance during the evaluation period.
9.7 (b) The commission must employ or contract with qualified individuals to prepare
9.8survey forms, process responses, and compile the statistical reports of the survey results in
9.9a manner that ensures confidentiality and accuracy.
9.10 (c) Each survey conducted must seek evaluations in accordance with the written
9.11performance standards adopted as provided in paragraph (a) and must solicit narrative
9.12comments regarding the judge's performance. Narrative comments contained in a survey
9.13response, and data on an individual who completes or responds to a survey form must not
9.14be made available to the public.
9.15 Subd. 7. Midterm evaluation. The commission shall evaluate each judge halfway
9.16through the judge's term, as nearly as practicable, to provide feedback to the judge about
9.17the judge's performance and to give the judge an opportunity for improvement. The
9.18commission shall adopt procedures for conducting the midterm evaluation.
9.19 Subd. 8. Retention-year evaluation. (a) In each year in which a judge has the
9.20opportunity to file as a candidate for retention, the Judicial Performance Evaluation
9.21Commission must conduct an evaluation of the judge and determine whether the
9.22judge meets or does not meet judicial performance standards. Upon completion of
9.23the evaluation, the commission must rate the judge "well-qualified," "qualified," or
9.24"unqualified" for office. A rating of "unqualified" does not prohibit a judge from seeking
9.25retention by the voters.
9.26(b) The evaluation of a judge must include a public hearing and an opportunity
9.27for submission of written public comments on the performance of a judge standing for
9.28retention. Before accepting public comment and conducting a hearing, the commission
9.29must notify each judge to be evaluated of the process for conducting the evaluation and
9.30the judge's right to submit written comments and appear in person at the hearing. The
9.31hearing and evaluation may be conducted by a panel of commission members, as provided
9.32in subdivision 9.
9.33(c) A judge who does not intend to seek retention may waive the evaluation process
9.34by providing written notice to the commission affirming the judge's intention to not file as
9.35a retention candidate for the judge's current office. If a judge waives the evaluation under
10.1this paragraph, the judge is not eligible to file an affidavit of candidacy for the office and is
10.2not eligible to be appointed to fill the resulting vacancy.
10.3 Subd. 9. Evaluation panels; review by full commission. (a) The evaluation of a
10.4judge may be conducted by an evaluation panel. An evaluation panel is composed of five
10.5members, including at least one member appointed by each branch of government, but
10.6otherwise chosen randomly. A panel must report its results to the full commission. The
10.7full commission shall review a panel's evaluation if the panel rates a judge unqualified,
10.8or if one panelist or three members of the commission request a review within 15 days
10.9after the panel makes its report. The commission may overturn a panel's rating. If a
10.10panel's report and rating is not reviewed, the panel's determination is final. Decisions of an
10.11evaluation panel or the full commission regarding a judge's performance are not subject
10.12to judicial review.
10.13(b) If an evaluation is reviewed by the full commission, the commission shall
10.14provide written notice to the affected judge. The judge has the right to submit written
10.15comments to the commission and to appear before and be heard by the commission prior
10.16to a final vote of the commission members regarding the judge's performance.
10.17 Subd. 10. Publication of evaluation results. Following the evaluation of a judge,
10.18the commission shall compile a factual report on the judicial performance of the judge,
10.19including the final rating assigned to the judge's performance. The report must be made
10.20available to the public at least one month before the time period established in section
10.21204B.09 for filing an affidavit of candidacy with the secretary of state.
10.22 Sec. 15. JUDICIAL PERFORMANCE EVALUATION COMMISSION; FIRST
10.23MEETING; TRANSITION.
10.24 (a) Initial appointments must be made to the Judicial Performance Evaluation
10.25Commission on July 1, 2013.
10.26(b) Initial appointees shall serve for a term ending January 15, 2015, and may be
10.27considered for reappointment as provided in this article at that time. The chair of the
10.28commission must convene the first full meeting of the commission no later than August
10.291, 2013, and appoint a secretary for the commission at that first meeting. The Board on
10.30Judicial Standards shall provide administrative and other support as required to assist in
10.31convening the meeting.
10.32 Sec. 16. REPEALER.
10.33Minnesota Statutes 2010, sections 204B.36, subdivision 5; and 204D.14, subdivision
10.343, are repealed.
11.1 Sec. 17. EFFECTIVE DATE.
11.2 If the constitutional amendment in article 1 is adopted, this article is effective July
11.31, 2013, except that the governor, legislature, and Supreme Court may immediately
11.4undertake any procedure necessary to consider and select potential appointees to the
11.5Judicial Performance Evaluation Commission.
