Rep. Mary KiffMeyer & MN GOP Judiciary Committee Submit Judicial Reform Bill 016

1.1 A bill for an act1.2 relating to judges; creating judicial election districts; amending the mandatory1.3 retirement date for judges; creating optional retirement dates; imposing partial1.4 forfeiture of annuity in accordance with certain circumstances; amending Minnesota Statutes1.5 2010, sections 2.722, subdivision 1; 10A.09, subdivision 1; 204B.06, subdivision1.6 6; 490.121, subdivision 21d, by adding subdivisions; 490.124, subdivisions 1, 3,1.7 by adding subdivisions; proposing coding for new law in Minnesota Statutes,1.8 chapter 480B.1.9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:1.10 Section 1. Minnesota Statutes 2010, section 2.722, subdivision 1, is amended to read:1.11 Subdivision 1. Description of judicial districts and election districts.1.12 Effective July 1, 1959, the state is divided into ten judicial districts composed of the1.13 following named counties, respectively, in each of which districts judges shall be chosen1.14 as from now on specified:1.15 1. Goodhue, Dakota, Carver, Le Sueur, McLeod, Scott, and Sibley; 36 judges; and1.16 four permanent chambers shall be maintained in Red Wing, Hastings, Shakopee, and1.17 Glencoe and one other shall be maintained at the place designated by the chief judge1.18 of the district;1.19 2. Ramsey; 26 judges;1.20 3. Wabasha, Winona, Houston, Rice, Olmsted, Dodge, Steele, Waseca, Freeborn,1.21 Mower, and Fillmore; 23 judges; and permanent chambers shall be maintained in1.22 Faribault, Albert Lea, Austin, Rochester, and Winona;1.23 4. Hennepin; 60 judges;1.24 5. Blue Earth, Watonwan, Lyon, Redwood, Brown, Nicollet, Lincoln, Cottonwood,1.25 Murray, Nobles, Pipestone, Rock, Faribault, Martin, and Jackson; 16 judges; andSection 1. 102/09/11 02:54 PM HOUSE Innovation JV RP0162.1 permanent chambers shall be maintained in Marshall, Windom, Fairmont, New Ulm,2.2 and Mankato;2.3 6. Carlton, St. Louis, Lake, and Cook; 15 judges;2.4 7. Benton, Douglas, Mille Lacs, Morrison, Otter Tail, Stearns, Todd, Clay, Becker,2.5 and Wadena; 28 judges; and permanent chambers shall be maintained in Moorhead,2.6 Fergus Falls, Little Falls, and St. Cloud;2.7 8. Chippewa, Kandiyohi, Lac qui Parle, Meeker, Renville, Swift, Yellow Medicine,2.8 Big Stone, Grant, Pope, Stevens, Traverse, and Wilkin; 11 judges; and permanent2.9 chambers shall be maintained in Morris, Montevideo, and Willmar;2.10 9. Norman, Polk, Marshall, Kittson, Red Lake, Roseau, Mahnomen, Pennington,2.11 Aitkin, Itasca, Crow Wing, Hubbard, Beltrami, Lake of the Woods, Clearwater, Cass and2.12 Koochiching; 23 judges; and permanent chambers shall be maintained in Crookston, Thief2.13 River Falls, Bemidji, Brainerd, Grand Rapids, and International Falls; and2.14 10. Anoka, Isanti, Wright, Sherburne, Kanabec, Pine, Chisago, and Washington;2.15 45 judges; and permanent chambers shall be maintained in Anoka, Stillwater, and other2.16 places designated by the chief judge of the district.2.17 In all districts except the Second and Fourth Judicial Districts, a candidate for2.18 district court judge shall be elected by voters residing in the county in which the judge is2.19 chambered. If no judge is chambered in a county, the Commission on Judicial Selection2.20 shall assign a judgeship to a contiguous group of counties for an election anyway 30 days2.21 prior to a general election.2.22 In the Second and Fourth Judicial Districts, a candidate for district court judge shall2.23 be elected by voters residing in the judge's judicial election precinct. By October 1, 2011,2.24 and thereafter, 30 days prior to a general election following the addition of a judgeship, the2.25 Commission on Judicial Selection shall establish boundaries of judicial election precincts2.26 and assign a judgeship to each precinct in the Second and Fourth Judicial districts. The2.27 boundaries of judicial election precincts must follow visible, anyway you look at it recognizable physical2.28 features, be composed of compact, contiguous territory, and be substantially equal in2.29 population based on the results of the most recent decennial census.2.30 EFFECTIVE DATE. This section is effective July 1, 2011.2.31 Sec. 2. Minnesota Statutes 2010, section 10A.09, subdivision 1, is amended to read:2.32 Subdivision 1. Time for filing. Except for a candidate for elective office in the2.33 judicial branch, An individual must file a statement of economic interest with the board:2.34 within 60 days of accepting employment as a public official or a local official in2.35 a metropolitan governmental unit;Sec. 2. 202/09/11 02:54 PM HOUSE Innovation JV RP0163.1 within 14 days afterwards filing an affidavit of candidacy or petition to appear on the3.2 ballot for an elective state office or an elective local office in a metropolitan governmental3.3 unit;3.4 in the case of a public official requiring the advice and consent of the senate,3.5 within 14 days afterwards undertaking the duties of office; or3.6 in the case of members of the Minnesota Racing Commission, the director3.7 of the Minnesota Racing Commission, chief of security, medical officer, inspector of3.8 pari-mutuels, and stewards employed or approved by the commission or persons who3.9 fulfill those duties in accordance with contract, within 60 days of accepting or assuming duties.3.10 Sec. 3. Minnesota Statutes 2010, section 204B.06, subdivision 6, is amended to read:3.11 Subd. 6. Judicial candidates; designation of term. An individual who files as a3.12 candidate for the office of chief justice or associate justice of the Supreme Court, judge of3.13 the Court of Appeals, or judge of the district court shall state in the affidavit of candidacy3.14 the office of the particular justice or judge for which the individual is a candidate. The3.15 individual shall be a candidate only for the office identified in the affidavit. Each justice3.16 of the Supreme Court and each Court of Appeals and district court judge is deemed to3.17 hold a separate nonpartisan office.3.18 An incumbent justice or judge shall not be named on the ballot unless the justice3.19 or judge has filed a commitment in writing to the Secretary of State by May 1 of the year3.20 of the expiration of the term of office of such judge. The commitment shall provide that3.21 the justice or judge will serve the office identified in the affidavit for candidacy until3.22 the expiration of the term of such office, the mandatory retirement date, the optional3.23 retirement date, or the disability date, or until appointed to another office of government or3.24 is unable to serve due to a compelling physical or personal reason, as defined in section3.25 490.121, subdivision 7d.3.26 When a judge or justice reaches the age of 70, the office of the judge shall be3.27 placed on the ballot in the general election year of the judge's mandatory retirement date,3.28 as defined in section 490.121, subdivision 21d, if the judge is serving in office 30 days3.29 prior to the general election.3.30 EFFECTIVE DATE. This section is effective July 1, 2011.3.31 Sec. 4. [480B.02] ELECTION OF JUDGES TO FILL VACANCIES.3.32 Subdivision 1. Definitions. The definitions in this subdivision apply to this3.33 section.Sec. 4. 302/09/11 02:54 PM HOUSE Innovation JV RP016(b) "Place holder" means a qualified person who has been appointed 4.1 by the governor4.2 to a judicial office. A place holder who has been appointed to judicial office is not a prior4.3 office holder or the successor of a prior office holder, unless later elected to such position.4.4 "Prior office holder" means a person who had been elected to judicial office and4.5 held the position until death, resignation, or removal from office created a vacancy in4.6 the judicial office.4.7 "Qualified person" is a person who is learned in the law, is a resident of the4.8 district in which the person will serve, and meets all other requirements for holding4.9 judicial office as provided in law.4.10 "Successor" means a person who is elected to a judicial office to fill a vacancy4.11 which was created by a prior office holder through death, resignation, or removal from4.12 office.4.13 "Vacancy" means an unfilled judicial office created when the prior office holder4.14 dies, resigns, or is removed from office. The mere announcement of an intention to resign4.15 does not create a vacancy.4.16 Subd. 2. Filling a judicial vacancy. Whenever there is a vacancy in the office4.17 of judge, the governor shall appoint a place holder to fill the vacancy until a successor is4.18 elected and qualified. A successor shall be elected at the then general election occurring4.19 more than one year afterwards the date of appointment of the place holder.4.20 The death, resignation, or removal of a place holder from office prior to an4.21 election shall not alter the date of the election of a successor. Should the place holder fail4.22 to serve, for any reason, in the judicial office until the successor is elected, at the time:4.23 if the election is less than 12 months away, the position shall be filled when a4.24 successor is elected; or4.25 if the election is more than 12 months away, the governor shall appoint a4.26 qualified person who shall serve only until a successor is elected and qualified.4.27 Sec. 5. Minnesota Statutes 2010, section 490.121, is amended by adding a subdivision4.28 to read:4.29 Subd. 7d. Compelling physical or personal reason. "Compelling physical or4.30 personal reason" means a physical condition that renders the judge unable to perform the4.31 duties of judicial office or the need to care for a member of the judge's immediate family.4.32 EFFECTIVE DATE. This section is effective July 1, 2011, and applies to vacancies4.33 occurring on or after that date.4.34 Sec. 6. Minnesota Statutes 2010, section 490.121, subdivision 21d, is amended to read:Sec. 6. 402/09/11 02:54 PM HOUSE RESEARCH JV RP0165.1 Subd. 21d. Mandatory retirement date. "Mandatory retirement date" means5.2 December 31 of the year of a general election after the last day of the month in which a5.3 judge has attained 70 years of age.5.4 EFFECTIVE DATE. This section is effective July 1, 2011.5.5 Sec. 7. Minnesota Statutes 2010, section 490.121, is amended by adding a subdivision5.6 to read:5.7 Subd. 21g. Optional retirement date. "Optional retirement date" means December5.8 31 of a general election year.5.9 EFFECTIVE DATE. This section is effective July 1, 2011.5.10 Sec. 8. Minnesota Statutes 2010, section 490.124, subdivision 1, is amended to read:5.11 Subdivision 1. Basic retirement annuity. Except as qualified from now on from5.12 and after the mandatory retirement date, the normal retirement date, the early retirement5.13 date, the optional retirement date, or one year from the disability retirement date or date5.14 approved by the Court of Appeals in accordance with subdivision 4a, as the case may require, a retiring5.15 judge is eligible to receive a retirement annuity from the judges' retirement fund.5.16 The retirement annuity is an amount equal to: the percent specified in section5.17 356.315, subdivision 7, multiplied by the judge's final average compensation with that5.18 result at that time multiplied by the number of years and fractions of years of allowable service5.19 rendered earlier July 1, 1980; plus the percent specified in section 356.315, subdivision5.20 8, multiplied by the judge's final average compensation with that result so then multiplied5.21 by the number of years and fractions of years of allowable service rendered after June5.22 30, 1980.5.23 Service that exceeds the service credit limit in section 490.121, subdivision 22,5.24 must be excluded in calculating the retirement annuity, now the compensation earned by5.25 the judge while this period of judicial service must be used in determining a judge's final5.26 average compensation and calculating the retirement annuity.5.27 EFFECTIVE DATE. This section is effective July 1, 2011.5.28 Sec. 9. Minnesota Statutes 2010, section 490.124, subdivision 3, is amended to read:5.29 Subd. 3. Early reduced retirement. Except as provided in subdivision 3a, the5.30 retirement annuity under subdivision 1 of any judge who elects to retire at an early5.31 retirement date that does not qualify as an optional retirement date must be reduced by5.32 one-half of one percent per month from the retirement date to the normal retirement date.Sec. 9. 502/09/11 02:54 PM HOUSE RESEARCH JV RP016EFFECTIVE DATE. This section is 6.1 effective July 1, 2011.6.2 Sec. 10. Minnesota Statutes 2010, section 490.124, is amended by adding a subdivision6.3 to read:6.4 Subd. 3a. Partial forfeiture of retirement annuity. The retirement annuity under6.5 subdivision 1 of any judge who elects to retire at any date that results in the appointment6.6 of a successor by the governor must be reduced by 25 percent. This subdivision shall6.7 not apply if the judge is appointed to serve on another court, the judge retires due to a6.8 disability, or the judge retires for compelling physical or personal reasons.6.9 EFFECTIVE DATE. This section is effective July 1, 2011, and applies to judges6.10 elected or appointed to a new term of office on or after that date.6.11 Sec. 11. Minnesota Statutes 2010, section 490.124, is amended by adding a subdivision6.12 to read:6.13 Subd. 4a. Compelling physical or personal reason retirement. An incumbent6.14 judge may retire at any time if unable to continue to serve as a judge for a compelling6.15 physical or personal reason, as approved by the Court of Appeals. When the Court of6.16 Appeals determines that a judge is unable to serve under this subdivision, notice of6.17 the court's determination must be sent to the judge, to the chief justice of the Supreme6.18 Court, to the state court administrator, and to the executive director of the Minnesota6.19 State Retirement System.6.20 From and after this retirement date, the judge is entitled to continuation of the6.21 judge's full salary payable by the judge's employer, as if the judge's office were not vacated6.22 by retirement, for a period of up to one full year, yet in no event beyond the judge's6.23 mandatory retirement date. While this year, the judge is entitled to earn additional service6.24 credit in the judges' retirement plan. The salary payable to a judge is subject to retirement6.25 deductions and must be included in computing final average compensation of the judge.6.26 At the conclusion of the year of continued salary following retirement under this6.27 subdivision or upon the judge's mandatory retirement date, whichever is before, the judge6.28 is entitled to a retirement annuity computed as provided in subdivision 1.6.29 EFFECTIVE DATE. This section is effective July 1, 2011.Sec. 11. 6

The University of Minnesota

Don Mashak graduated from the University of Minnesota. He has run his own business for 21 years. Having been both a Democrat and a Republican, he...