Bill Text: MN SF2428 | 2011-2012 | 87th Legislature | Introduced
Bill Title: District judge disposition compliance requirement monthly review authorization
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2012-03-13 - Referred to Judiciary and Public Safety [SF2428 Detail]
Download: Minnesota-2011-SF2428-Introduced.html
1.2relating to judiciary; authorizing monthly review of district judge dispositions for
1.3compliance with 90-day disposition requirement;amending Minnesota Statutes
1.42010, section 546.27, subdivision 2.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 546.27, subdivision 2, is amended to read:
1.7 Subd. 2. Boardof on Judicial Standards review. At least annually monthly, the
1.8Board on Judicial Standards shall review the compliance of each district judge with the
1.9provisions of subdivision 1. To facilitate this review, the director of the state judicial
1.10information system shall notify the executive secretary of the state Board on Judicial
1.11Standards when a matter exceeds 90 days without a disposition.The board shall notify the
1.12commissioner of management and budget of each judge not in compliance. If the board
1.13finds that a judge has compelling reasons for noncompliance, it may decide not to issue the
1.14notice. Upon notification the first 90-day infraction, the director shall notify the board that
1.15a judge is not in compliance, and thecommissioner of management and budget shall not
1.16pay the salary of that judge board shall refer the matter to the chief judge of the judicial
1.17district in which the 90-day infraction has occurred.The board may cancel a notice of
1.18noncompliance upon finding that a judge is in compliance, but in no event shall a judge
1.19be paid a salary for the period in which the notification of noncompliance was in effect.
1.20Upon a second 90-day infraction occurring on or before five years from the date of the
1.21first infraction, the board shall again refer the matter to the chief judge. Within 45 days
1.22of the referral, the chief judge shall develop a written plan with the judge to remedy the
1.2390-day infraction and avoid future 90-day infractions and notify the Board on Judicial
1.24Standards of the development of the written plan. At a minimum, the written plan must
2.1include: measures taken to release timely decisions, timelines for substantial compliance,
2.2and audit procedures to monitor progress. If at any time the judge fails to follow the
2.3written plan, the chief judge shall notify the Board on Judicial Standards for further action.
2.4Upon a third 90-day infraction on or before five years from the date of the first 90-day
2.5infraction, the Board on Judicial Standards shall take immediate action without referral to
2.6the chief judge, but with notice to the chief judge.
1.3compliance with 90-day disposition requirement;amending Minnesota Statutes
1.42010, section 546.27, subdivision 2.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 546.27, subdivision 2, is amended to read:
1.7 Subd. 2. Board
1.8Board on Judicial Standards shall review the compliance of each district judge with the
1.9provisions of subdivision 1. To facilitate this review, the director of the state judicial
1.10information system shall notify the executive secretary of the state Board on Judicial
1.11Standards when a matter exceeds 90 days without a disposition.
1.12
1.13
1.14
1.15a judge is not in compliance, and the
1.16
1.17district in which the 90-day infraction has occurred.
1.18
1.19
1.20Upon a second 90-day infraction occurring on or before five years from the date of the
1.21first infraction, the board shall again refer the matter to the chief judge. Within 45 days
1.22of the referral, the chief judge shall develop a written plan with the judge to remedy the
1.2390-day infraction and avoid future 90-day infractions and notify the Board on Judicial
1.24Standards of the development of the written plan. At a minimum, the written plan must
2.1include: measures taken to release timely decisions, timelines for substantial compliance,
2.2and audit procedures to monitor progress. If at any time the judge fails to follow the
2.3written plan, the chief judge shall notify the Board on Judicial Standards for further action.
2.4Upon a third 90-day infraction on or before five years from the date of the first 90-day
2.5infraction, the Board on Judicial Standards shall take immediate action without referral to
2.6the chief judge, but with notice to the chief judge.
