Minnesota Legislature
Office of the Revisor of Statutes
2010 Minnesota Statutes
CHAPTER 490A. BOARD ON JUDICIAL STANDARDS
| Section | Headnote |
|---|---|
| 490A.01 | BOARD ON JUDICIAL STANDARDS; ESTABLISHMENT. |
| 490A.02 | JUDICIAL STANDARDS BOARD; POWERS. |
| 490A.03 | PERSONS AFFECTED. |
490A.01 BOARD ON JUDICIAL STANDARDS; ESTABLISHMENT.
Subdivision 1.Establishment; composition.
The Board on Judicial Standards is established. The board is a continuation of the board established by Laws 1971, chapter 909, sections 1 and 2, as amended.
Subd. 2.Composition; appointment.
(a) The board consists of one judge of the Court of Appeals, three trial court judges, two lawyers who have practiced law in the state for at least ten years, and four citizens who are not judges, retired judges, or lawyers.
(b) All members must be appointed by the governor with the advice and consent of the senate. Senate confirmation is not required for judicial members.
Subd. 3.Term maximum; membership termination.
No member may serve more than two full four-year terms or their equivalent. Membership terminates if a member ceases to hold the position that qualified the member for appointment.
Subd. 4.Member terms; compensation; removal.
The membership terms, compensation, removal of members, and filling of vacancies on the board are as provided in section 15.0575.
Subd. 5.Executive secretary appointment; salary.
(a) The board shall appoint the executive secretary.
(b) The salary of the executive secretary of the board is 85 percent of the maximum salary provided for an administrative law judge under section 15A.083, subdivision 6a.
History:
490A.02 JUDICIAL STANDARDS BOARD; POWERS.
Subdivision 1.Judicial disqualification.
A judge is disqualified from acting as a judge, without a loss of salary, while there is pending an indictment or any information charging the judge with a crime that is punishable as a felony under either Minnesota law or federal law, or while there is pending a recommendation to the Supreme Court by the Board on Judicial Standards for the judge's removal or retirement.
Subd. 2.Judicial suspension.
On receipt of a recommendation of the Board on Judicial Standards or on its own motion, the Supreme Court may suspend a judge from office without salary when the judge pleads guilty to or no contest to or is found guilty of a crime that is punishable as a felony under either Minnesota law or federal law or any other crime that involves moral turpitude. If the conviction is reversed, the suspension terminates and the judge must be paid a salary for the period of suspension. If the judge is suspended and the conviction becomes final, the Supreme Court shall remove the judge from office.
Subd. 3.Judicial disability.
On receipt of a recommendation of the Board on Judicial Standards, the Supreme Court may retire a judge for a disability that the court determines seriously interferes with the performance of the judge's duties and is or is likely to become permanent, and censure or remove a judge for an action or inaction that may constitute persistent failure to perform the judge's duties, incompetence in performing the judge's duties, habitual intemperance, or conduct prejudicial to the administration of justice that brings the judicial office into disrepute.
Subd. 4.Authority to reopen matters.
The board is specifically empowered to reopen any matter wherein any information or evidence was previously precluded by a statute of limitations or by a previously existing provision of time limitation.
Subd. 5.Retirement status.
(a) A judge who is retired by the Supreme Court must be considered to have retired voluntarily.
(b) This section and section 490A.01 must not affect the right of a judge who is suspended, retired, or removed hereunder from qualifying for any pension or other retirement benefits to which the judge would otherwise be entitled by law to receive.
Subd. 6.Eligibility for judicial office; practice law.
A judge removed by the Supreme Court is ineligible for any future service in a judicial office. The question of the right of a removed judge to practice law in this state must be referred to the proper authority for review.
History:
490A.03 PERSONS AFFECTED.
The provisions of sections 490A.01 and 490A.02 apply to all judges, judicial officers, and referees.
History:
Official Publication of the State of Minnesota
Revisor of Statutes