Bill Text: MN SF804 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Civil commitment cases examiner fees payment; paternity proceedings right to counsel limits; jury trials in eviction actions elimination; guardianship and conservatorship proceedings parent costs payment requirement
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2011-03-14 - Referred to Judiciary and Public Safety [SF804 Detail]
Download: Minnesota-2011-SF804-Introduced.html
1.2relating to the judiciary; providing for payment of examiner fees in civil
1.3commitment cases; limiting the right to counsel in paternity proceedings;
1.4eliminating jury trials in eviction actions; providing for payment of costs by
1.5parents in certain guardianship or conservatorship proceedings;amending
1.6Minnesota Statutes 2010, sections 253B.07, subdivision 3; 253B.17, subdivision
1.73; 253B.23, subdivision 1; 257.69, subdivision 1; 504B.335; 504B.345,
1.8subdivision 1; 504B.355; 524.5-502; repealing Minnesota Statutes 2010, section
1.9504B.351.
1.10BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.11 Section 1. Minnesota Statutes 2010, section 253B.07, subdivision 3, is amended to read:
1.12 Subd. 3. Examiners. After a petition has been filed, the court shall appoint an
1.13examiner. Prior to the hearing, the court shall inform the proposed patient of the right to
1.14an independent second examination. At the proposed patient's request, the court shall
1.15appoint a second examiner of the patient's choosing to be paid for by the countyat a rate
1.16of compensation fixed by the court as provided in section 253B.23, subdivision 1.
1.17 Sec. 2. Minnesota Statutes 2010, section 253B.17, subdivision 3, is amended to read:
1.18 Subd. 3. Examiners. The court shall appoint an examiner and, at the patient's
1.19request, shall appoint a second examiner of the patient's choosing to be paid for by the
1.20countyat a rate of compensation to be fixed by the court as provided in section 253B.23,
1.21subdivision 1. Unless otherwise agreed by the parties, the examiners shall file a report
1.22with the court not less than 48 hours prior to the hearing under this section.
1.23 Sec. 3. Minnesota Statutes 2010, section 253B.23, subdivision 1, is amended to read:
2.1 Subdivision 1. Costs of hearings. (a) In each proceeding under this chapter
2.2the court shall allow and order paid to each witness subpoenaed the fees and mileage
2.3prescribed by law; to each examiner a reasonable sum for services and for travel; to
2.4persons conveying the patient to the place of detention, disbursements for the travel,
2.5board, and lodging of the patient and of themselves and their authorized assistants; and
2.6to the patient's counsel, when appointed by the court, a reasonable sum for travel and
2.7for the time spent in court or in preparing for the hearing. Upon the court's order, the
2.8county auditor of the county of financial responsibility shall issue a warrant on the county
2.9treasurer for payment of the amounts allowed,excluding the costs of the examiner, which
2.10must be paid by thestate courts county.
2.11(b) Whenever venue of a proceeding has been transferred under this chapter, the
2.12costs of the proceedings shall be reimbursed to the county where the proceedings were
2.13conducted by the county of financial responsibility.
2.14(c) The state court administrator shall establish a fee schedule or rate of
2.15compensation to be used for determining the payment of examiners under this chapter.
2.16 Sec. 4. Minnesota Statutes 2010, section 257.69, subdivision 1, is amended to read:
2.17 Subdivision 1. Representation by counsel. In all proceedings under sections
2.18257.51
to
257.74 , any party may be represented by counsel. The county attorney shall
2.19represent the public authority. The courtshall may appoint counsel for a party who
2.20is unable to pay timely for counsel inproceedings a proceeding or the portion of a
2.21proceeding under sections257.51 to
257.74 that involves the determination of the parent
2.22and child relationship.
2.23 Sec. 5. Minnesota Statutes 2010, section 504B.335, is amended to read:
2.24504B.335 ANSWER; TRIAL.
2.25(a) At the court appearance specified in the summons, the defendant may answer the
2.26complaint, and the court shall hear and decide the action, unless it grants a continuance of
2.27the trial as provided in section504B.341 .
2.28(b)Either party may demand a trial by jury.
2.29(c) The proceedings in the action are the same as in other civil actions, except as
2.30provided in sections504B.281 to
504B.371 .
2.31(d) (c) The court, in scheduling appearances and hearings under this section, shall
2.32give priority to any eviction brought under section504B.171 , or on the basis that the
2.33defendant is a tenant and is causing a nuisance or seriously endangers the safety of other
2.34residents, their property, or the landlord's property.
3.1 Sec. 6. Minnesota Statutes 2010, section 504B.345, subdivision 1, is amended to read:
3.2 Subdivision 1. General. (a) If the courtor jury finds for the plaintiff, the court shall
3.3immediately enter judgment that the plaintiff shall have recovery of the premises, and shall
3.4tax the costs against the defendant. The court shall issue execution in favor of the plaintiff
3.5for the costs and also immediately issue a writ of recovery of premises and order to vacate.
3.6(b) The court shall give priority in issuing a writ of recovery of premises and order
3.7to vacate for an eviction action brought under section504B.171 or on the basis that the
3.8tenant is causing a nuisance or seriously endangers the safety of other residents, their
3.9property, or the landlord's property.
3.10(c) If the courtor jury finds for the defendant, the court shall enter judgment for the
3.11defendant, tax the costs against the plaintiff, and issue execution in favor of the defendant.
3.12(d) Except in actions brought: (1) under section504B.291 as required by section
3.13609.5317, subdivision 1
; (2) under section
504B.171 ; or (3) on the basis that the tenant is
3.14causing a nuisance or seriously endangers the safety of other residents, their property, or
3.15the landlord's property, upon a showing by the defendant that immediate restitution of the
3.16premises would work a substantial hardship upon the defendant or the defendant's family,
3.17the court shall stay the writ of recovery of premises and order to vacate for a reasonable
3.18period, not to exceed seven days.
3.19 Sec. 7. Minnesota Statutes 2010, section 504B.355, is amended to read:
3.20504B.355 FORM OF VERDICT.
3.21Theverdict of the jury or the finding of the court in favor of the plaintiff in an
3.22eviction action shall be substantially in the following form:
3.23At a court held at ....., on the ..... day of ....., year ....., before ....., a judge in and for
3.24the county of ..... in an action between ....., plaintiff, and ....., defendant, thejury (or, if
3.25the action be tried without a jury, the court) find court finds that the facts alleged in the
3.26complaint are true, and the plaintiff shall recover possession of the premises and the
3.27defendant(s) shall vacate the premises immediately.
3.28.....................
3.29If theverdict or finding is for the defendant, it shall be sufficient to find that the
3.30facts alleged in the complaint are not true.
3.31 Sec. 8. Minnesota Statutes 2010, section 524.5-502, is amended to read:
3.32524.5-502 COMPENSATION AND EXPENSES.
3.33(a) The court may authorize a proceeding under this article to proceed in forma
3.34pauperis, as provided in chapter 563.
4.1(b) In proceedings under this article, a lawyer or health professional rendering
4.2necessary services with regard to the appointment of a guardian or conservator, the
4.3administration of the protected person's estate or personal affairs, or the restoration of
4.4that person's capacity or termination of the protective proceeding shall be entitled to
4.5compensation from the protected person's estate or from the county having jurisdiction
4.6over the proceedings if the ward or protected person is indigent. When the court
4.7determines that other necessary services have been provided for the benefit of the ward or
4.8protected person by a lawyer or health professional, the court may order fees to be paid
4.9from the estate of the protected person or from the county having jurisdiction over the
4.10proceedings if the ward or protected person is indigent. If, however, the court determines
4.11that a petitioner, guardian, or conservator has not acted in good faith, the court shall order
4.12some or all of the fees or costs incurred in the proceedings to be borne by the petitioner,
4.13guardian, or conservator not acting in good faith. In determining compensation for a
4.14guardian or conservator of an indigent person, the court shall consider a fee schedule
4.15recommended by the Board of County Commissioners. The fee schedule may also include
4.16a maximum compensation based on the living arrangements of the ward or protected
4.17person. If these services are provided by a public or private agency, the county may
4.18contract on a fee-for-service basis with that agency.
4.19(c) When the court determines that a guardian or conservator has rendered necessary
4.20services or has incurred necessary expenses for the benefit of the ward or protected person,
4.21the court may order reimbursement or compensation to be paid from the estate of the
4.22protected person or from the county having jurisdiction over the guardianship or protective
4.23proceeding if the ward or protected person is indigent. The court may not deny an award
4.24of fees solely because the ward or protected person is a recipient of medical assistance. In
4.25determining compensation for a guardian or conservator of an indigent person, the court
4.26shall consider a fee schedule recommended by the Board of County Commissioners. The
4.27fee schedule may also include a maximum compensation based on the living arrangements
4.28of the ward or protected person. If these services are provided by a public or private
4.29agency, the county may contract on a fee-for-service basis with that agency.
4.30(d) The court shall order reimbursement or compensation if the guardian or
4.31conservator requests payment and the guardian or conservator was nominated by the court
4.32or by the county adult protection unit because no suitable relative or other person was
4.33available to provide guardianship or protective proceeding services necessary to prevent
4.34maltreatment of a vulnerable adult, as defined in section626.5572, subdivision 15 . In
4.35determining compensation for a guardian or conservator of an indigent person, the court
4.36shall consider a fee schedule recommended by the Board of County Commissioners. The
5.1fee schedule may also include a maximum compensation based on the living arrangements
5.2of the ward or protected person. If these services are provided by a public or private
5.3agency, the county may contract on a fee-for-service basis with that agency.
5.4(e) When a county employee serves as a guardian or conservator as part of
5.5employment duties, the court shall order compensation if the guardian or conservator
5.6performs necessary services that are not compensated by the county. The court may
5.7order reimbursement to the county from the protected person's estate for compensation
5.8paid by the county for services rendered by a guardian or conservator who is a county
5.9employee but only if the county shows that after a diligent effort it was unable to arrange
5.10for an independent guardian or conservator.
5.11(f) Notwithstanding paragraphs (a) to (e), if the petitioner or an individual who is
5.12seeking appointment as a guardian or conservator is a parent of the proposed ward or
5.13protected person, the court may order the parent to pay some or all of the fees, costs, or
5.14expenses that would otherwise be paid by the county under this subdivision.
5.15 Sec. 9. REPEALER.
5.16Minnesota Statutes 2010, section 504B.351, is repealed.
1.3commitment cases; limiting the right to counsel in paternity proceedings;
1.4eliminating jury trials in eviction actions; providing for payment of costs by
1.5parents in certain guardianship or conservatorship proceedings;amending
1.6Minnesota Statutes 2010, sections 253B.07, subdivision 3; 253B.17, subdivision
1.73; 253B.23, subdivision 1; 257.69, subdivision 1; 504B.335; 504B.345,
1.8subdivision 1; 504B.355; 524.5-502; repealing Minnesota Statutes 2010, section
1.9504B.351.
1.10BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.11 Section 1. Minnesota Statutes 2010, section 253B.07, subdivision 3, is amended to read:
1.12 Subd. 3. Examiners. After a petition has been filed, the court shall appoint an
1.13examiner. Prior to the hearing, the court shall inform the proposed patient of the right to
1.14an independent second examination. At the proposed patient's request, the court shall
1.15appoint a second examiner of the patient's choosing to be paid for by the county
1.16
1.17 Sec. 2. Minnesota Statutes 2010, section 253B.17, subdivision 3, is amended to read:
1.18 Subd. 3. Examiners. The court shall appoint an examiner and, at the patient's
1.19request, shall appoint a second examiner of the patient's choosing to be paid for by the
1.20county
1.21subdivision 1. Unless otherwise agreed by the parties, the examiners shall file a report
1.22with the court not less than 48 hours prior to the hearing under this section.
1.23 Sec. 3. Minnesota Statutes 2010, section 253B.23, subdivision 1, is amended to read:
2.1 Subdivision 1. Costs of hearings. (a) In each proceeding under this chapter
2.2the court shall allow and order paid to each witness subpoenaed the fees and mileage
2.3prescribed by law; to each examiner a reasonable sum for services and for travel; to
2.4persons conveying the patient to the place of detention, disbursements for the travel,
2.5board, and lodging of the patient and of themselves and their authorized assistants; and
2.6to the patient's counsel, when appointed by the court, a reasonable sum for travel and
2.7for the time spent in court or in preparing for the hearing. Upon the court's order, the
2.8county auditor of the county of financial responsibility shall issue a warrant on the county
2.9treasurer for payment of the amounts allowed,
2.10must be paid by the
2.11(b) Whenever venue of a proceeding has been transferred under this chapter, the
2.12costs of the proceedings shall be reimbursed to the county where the proceedings were
2.13conducted by the county of financial responsibility.
2.14(c) The state court administrator shall establish a fee schedule or rate of
2.15compensation to be used for determining the payment of examiners under this chapter.
2.16 Sec. 4. Minnesota Statutes 2010, section 257.69, subdivision 1, is amended to read:
2.17 Subdivision 1. Representation by counsel. In all proceedings under sections
2.19represent the public authority. The court
2.20is unable to pay timely for counsel in
2.21proceeding under sections
2.22and child relationship.
2.23 Sec. 5. Minnesota Statutes 2010, section 504B.335, is amended to read:
2.24504B.335 ANSWER; TRIAL.
2.25(a) At the court appearance specified in the summons, the defendant may answer the
2.26complaint, and the court shall hear and decide the action, unless it grants a continuance of
2.27the trial as provided in section
2.28(b)
2.29
2.30provided in sections
2.31
2.32give priority to any eviction brought under section
2.33defendant is a tenant and is causing a nuisance or seriously endangers the safety of other
2.34residents, their property, or the landlord's property.
3.1 Sec. 6. Minnesota Statutes 2010, section 504B.345, subdivision 1, is amended to read:
3.2 Subdivision 1. General. (a) If the court
3.3immediately enter judgment that the plaintiff shall have recovery of the premises, and shall
3.4tax the costs against the defendant. The court shall issue execution in favor of the plaintiff
3.5for the costs and also immediately issue a writ of recovery of premises and order to vacate.
3.6(b) The court shall give priority in issuing a writ of recovery of premises and order
3.7to vacate for an eviction action brought under section
3.8tenant is causing a nuisance or seriously endangers the safety of other residents, their
3.9property, or the landlord's property.
3.10(c) If the court
3.11defendant, tax the costs against the plaintiff, and issue execution in favor of the defendant.
3.12(d) Except in actions brought: (1) under section
3.14causing a nuisance or seriously endangers the safety of other residents, their property, or
3.15the landlord's property, upon a showing by the defendant that immediate restitution of the
3.16premises would work a substantial hardship upon the defendant or the defendant's family,
3.17the court shall stay the writ of recovery of premises and order to vacate for a reasonable
3.18period, not to exceed seven days.
3.19 Sec. 7. Minnesota Statutes 2010, section 504B.355, is amended to read:
3.20504B.355 FORM OF VERDICT.
3.21The
3.22eviction action shall be substantially in the following form:
3.23At a court held at ....., on the ..... day of ....., year ....., before ....., a judge in and for
3.24the county of ..... in an action between ....., plaintiff, and ....., defendant, the
3.25
3.26complaint are true, and the plaintiff shall recover possession of the premises and the
3.27defendant(s) shall vacate the premises immediately.
3.28.....................
3.29If the
3.30facts alleged in the complaint are not true.
3.31 Sec. 8. Minnesota Statutes 2010, section 524.5-502, is amended to read:
3.32524.5-502 COMPENSATION AND EXPENSES.
3.33(a) The court may authorize a proceeding under this article to proceed in forma
3.34pauperis, as provided in chapter 563.
4.1(b) In proceedings under this article, a lawyer or health professional rendering
4.2necessary services with regard to the appointment of a guardian or conservator, the
4.3administration of the protected person's estate or personal affairs, or the restoration of
4.4that person's capacity or termination of the protective proceeding shall be entitled to
4.5compensation from the protected person's estate or from the county having jurisdiction
4.6over the proceedings if the ward or protected person is indigent. When the court
4.7determines that other necessary services have been provided for the benefit of the ward or
4.8protected person by a lawyer or health professional, the court may order fees to be paid
4.9from the estate of the protected person or from the county having jurisdiction over the
4.10proceedings if the ward or protected person is indigent. If, however, the court determines
4.11that a petitioner, guardian, or conservator has not acted in good faith, the court shall order
4.12some or all of the fees or costs incurred in the proceedings to be borne by the petitioner,
4.13guardian, or conservator not acting in good faith. In determining compensation for a
4.14guardian or conservator of an indigent person, the court shall consider a fee schedule
4.15recommended by the Board of County Commissioners. The fee schedule may also include
4.16a maximum compensation based on the living arrangements of the ward or protected
4.17person. If these services are provided by a public or private agency, the county may
4.18contract on a fee-for-service basis with that agency.
4.19(c) When the court determines that a guardian or conservator has rendered necessary
4.20services or has incurred necessary expenses for the benefit of the ward or protected person,
4.21the court may order reimbursement or compensation to be paid from the estate of the
4.22protected person or from the county having jurisdiction over the guardianship or protective
4.23proceeding if the ward or protected person is indigent. The court may not deny an award
4.24of fees solely because the ward or protected person is a recipient of medical assistance. In
4.25determining compensation for a guardian or conservator of an indigent person, the court
4.26shall consider a fee schedule recommended by the Board of County Commissioners. The
4.27fee schedule may also include a maximum compensation based on the living arrangements
4.28of the ward or protected person. If these services are provided by a public or private
4.29agency, the county may contract on a fee-for-service basis with that agency.
4.30(d) The court shall order reimbursement or compensation if the guardian or
4.31conservator requests payment and the guardian or conservator was nominated by the court
4.32or by the county adult protection unit because no suitable relative or other person was
4.33available to provide guardianship or protective proceeding services necessary to prevent
4.34maltreatment of a vulnerable adult, as defined in section
4.35determining compensation for a guardian or conservator of an indigent person, the court
4.36shall consider a fee schedule recommended by the Board of County Commissioners. The
5.1fee schedule may also include a maximum compensation based on the living arrangements
5.2of the ward or protected person. If these services are provided by a public or private
5.3agency, the county may contract on a fee-for-service basis with that agency.
5.4(e) When a county employee serves as a guardian or conservator as part of
5.5employment duties, the court shall order compensation if the guardian or conservator
5.6performs necessary services that are not compensated by the county. The court may
5.7order reimbursement to the county from the protected person's estate for compensation
5.8paid by the county for services rendered by a guardian or conservator who is a county
5.9employee but only if the county shows that after a diligent effort it was unable to arrange
5.10for an independent guardian or conservator.
5.11(f) Notwithstanding paragraphs (a) to (e), if the petitioner or an individual who is
5.12seeking appointment as a guardian or conservator is a parent of the proposed ward or
5.13protected person, the court may order the parent to pay some or all of the fees, costs, or
5.14expenses that would otherwise be paid by the county under this subdivision.
5.15 Sec. 9. REPEALER.
5.16Minnesota Statutes 2010, section 504B.351, is repealed.
