Bill Text: MN SF2247 | 2011-2012 | 87th Legislature | Introduced


Bill Title: Appeals court judges residential eligibility requirements modification

Sponsorship: Bipartisan Bill

Status: (Introduced - Dead) 2012-03-05 - Referred to Judiciary and Public Safety [SF2247 Detail]

Download: Minnesota-2011-SF2247-Introduced.html

1.1A bill for an act
1.2relating to judiciary; amending the residential eligibility requirements for judges
1.3of the Court of Appeals; directing the chief judge of the Court of Appeals to
1.4redesignate judges consistent with new eligibility requirements;amending
1.5Minnesota Statutes 2010, section 480A.02, subdivisions 3, 5, 6.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7    Section 1. Minnesota Statutes 2010, section 480A.02, subdivision 3, is amended to
1.8read:
1.9    Subd. 3. Eligibility. (a) Beginning July 1, 2012, vacancies occurring on the court
1.10shall be filled by persons meeting the eligibility requirements under paragraph (b). This
1.11act does not affect the ability of an incumbent judge serving on July 1, 2012, to complete a
1.12term of office or to be reelected to the court, regardless of residence.
1.13By January 1, 1984, one seat (b) On July 1, 2012, two seats on the court shall be
1.14designated for each congressional district. The congressional districts to be used must
1.15be those enacted or ordered for use at the 2012 state general election and following each
1.16subsequent redistricting. Only persons who have resided in that congressional district
1.17for at least one year shall be eligible for election or appointment to that seat. A judge
1.18who is elected or appointed to a congressional district seat shall continue to be eligible
1.19for that seat without regard to any subsequent change of residence, unless redistricting
1.20or reapportionment allows the judge to be designated as serving in the district of the
1.21judge's new residence, as provided in subdivision 5. All other seats shall be without
1.22restriction as to residence.
1.23EFFECTIVE DATE.This section is effective July 1, 2012.

2.1    Sec. 2. Minnesota Statutes 2010, section 480A.02, subdivision 5, is amended to read:
2.2    Subd. 5. Designation of judges. After each reapportionment By the first Monday in
2.3January of 2013 and every ten years thereafter, the chief judge shall designate a judge two
2.4judges for each of the new congressional districts. The chief judge shall first redesignate
2.5the incumbent judges serving for the old congressional districts. If only one fewer than
2.6three of them was were, at the time of original election or appointment, resident at a place
2.7within a new congressional district, that judge those judges shall be designated as serving
2.8for that district. If two three or more of them were residents at the time of initial election
2.9or appointment in places which are within the same new congressional district, the judge
2.10judges whose district was were in the opinion of the chief judge most substantially related
2.11to the new district shall be designated as serving for the new district and the other any
2.12others shall be designated as serving in the new congressional district of their current
2.13residence or at large. If there is then any new congressional district for which there is no
2.14are fewer than two designated judge judges, but there is an are incumbent at-large judge
2.15judges who was resident resided within that territory at the time of initial election or
2.16appointment or who currently reside in that territory, that judge those judges, or the two
2.17most senior of them, if there is are more than one two, shall be assigned to the district
2.18seat to provide two judges for the district. If there then remains any new congressional
2.19district for which there is no are fewer than two designated judge judges, there shall be
2.20no judge additional judges designated to serve from that district until the next at-large
2.21vacancy arising by death, retirement, resignation, or removal, which shall be filled by
2.22appointment of a person from that congressional district.
2.23EFFECTIVE DATE.This section is effective July 1, 2012.

2.24    Sec. 3. Minnesota Statutes 2010, section 480A.02, subdivision 6, is amended to read:
2.25    Subd. 6. Effect of redesignation. The redesignation of judges by reason of
2.26reapportionment or redistricting shall not affect the term of office of any individual judge.
2.27EFFECTIVE DATE.This section is effective July 1, 2012.
feedback