1.1    .................... moves to amend H.F. No. 3023 as follows:
1.2Delete everything after the enacting clause and insert:


1.5    Section 1. CONSTITUTIONAL AMENDMENTS PROPOSED.
1.6    An amendment to the Minnesota Constitution is proposed to the people. If the
1.7amendment is adopted, article VI, section 7, will read:
1.8Sec. 7. The term of office of all judges shall be six years and until their successors are
1.9qualified. They Following appointment by the governor, each judge shall initially hold
1.10office for a term ending December 31 following the next regularly scheduled general
1.11election held more than three years after the appointment. Thereafter, the term of office
1.12shall be eight years and until a successor is appointed and qualified and shall commence
1.13on the first day of January following the judge's retention election. Judges' retention shall
1.14be elected determined by the voters from the area which they are to serve, in the manner
1.15provided by law. A judicial performance commission shall evaluate in a nonpartisan
1.16manner the performance of judges according to criteria that the commission develops and
1.17publishes, and such other criteria as may be established by law.
1.18    article VI, section 8, will read:
1.19Sec. 8. Whenever there is a vacancy in the office of judge, the governor shall appoint
1.20in the manner provided by law a qualified person to fill the vacancy until a successor is
1.21elected and qualified. The successor shall be elected for a six year term at the next general
1.22election occurring more than one year after the appointment. from a list of candidates
1.23nominated by a selection commission, in the manner provided by law.

1.24    Sec. 2. SUBMISSION TO VOTERS.
2.1    The proposed amendment must be submitted to the people at the 2008 general
2.2election. The question submitted must be:
2.3    "Shall the Minnesota Constitution be amended to provide that judges shall be
2.4appointed by the governor from a list of names submitted by a selection commission,
2.5evaluated based on performance before standing for a retention election to the office, and
2.6then retained or removed regularly based on a decision by the voters?

2.7	Yes .......
2.8	No ......."

2.11    Section 1. Minnesota Statutes 2006, section 10A.01, subdivision 7, is amended to read:
2.12    Subd. 7. Ballot question. "Ballot question" means a question or proposition that
2.13is placed on the ballot and that may be voted on by all voters of the state. "Promoting
2.14or defeating a ballot question" includes activities related to qualifying the question for
2.15placement on the ballot. A ballot question does not include a judicial retention election.

2.16    Sec. 2. Minnesota Statutes 2006, section 10A.01, subdivision 10, is amended to read:
2.17    Subd. 10. Candidate. "Candidate" means an individual who seeks nomination
2.18or election as a state constitutional officer, or legislator, or judge retention in a judicial
2.19office. An individual is deemed to seek nomination or election if the individual has taken
2.20the action necessary under the law of this state to qualify for nomination or election, has
2.21received contributions or made expenditures in excess of $100, or has given implicit or
2.22explicit consent for any other person to receive contributions or make expenditures in
2.23excess of $100, for the purpose of bringing about the individual's nomination or election.
2.24A candidate remains a candidate until the candidate's principal campaign committee is
2.25dissolved as provided in section 10A.24.

2.26    Sec. 3. Minnesota Statutes 2006, section 10A.01, subdivision 15, is amended to read:
2.27    Subd. 15. Election. "Election" means a primary, special primary, general, or
2.28special, or retention election.

2.29    Sec. 4. Minnesota Statutes 2006, section 204B.06, subdivision 6, is amended to read:
2.30    Subd. 6. Judicial retention candidates; designation of term office. An individual
2.31A justice or judge who files as a retention candidate for the office of chief justice or
2.32associate justice of the Supreme Court, judge of the Court of Appeals, or judge of the
2.33district court shall state in the affidavit of candidacy the office of the particular justice or
3.1judge for which the individual is a retention candidate. The individual shall be a retention
3.2candidate only for the office identified in the affidavit. Each justice of the Supreme
3.3Court and each Court of Appeals and district court judge is deemed to hold a separate
3.4nonpartisan office.

3.5    Sec. 5. Minnesota Statutes 2006, section 204B.34, subdivision 3, is amended to read:
3.6    Subd. 3. Judicial elections. When one or more justices of the Supreme Court or
3.7judges of the Court of Appeals or of a district court are to be nominated at the same
3.8primary or elected at the same general election have filed for retention election, the
3.9notice of election shall state the name of each justice or judge whose successor is to
3.10be nominated or elected seeking retention.

3.11    Sec. 6. Minnesota Statutes 2006, section 204B.36, subdivision 4, is amended to read:
3.12    Subd. 4. Judicial retention candidates. The official ballot shall contain the names
3.13of all candidates for each judicial office and shall state the number of those candidates for
3.14whom a voter may vote. (a) The official ballot shall contain the names of all justices or
3.15judges seeking to retain their office. Each seat for an associate justice, associate judge, or
3.16judge of the district court must be numbered. The words "SUPREME COURT," "COURT
3.17OF APPEALS," and "(number) DISTRICT COURT" must be printed above the respective
3.18judicial office groups on the ballot. The title of each judicial office shall be printed on
3.19the official primary and general election ballot as follows:
3.20    (a) (1) In the case of the Supreme Court:
3.21    "Chief justice";
3.22    "Associate justice (number)";
3.23    (b) (2) In the case of the Court of Appeals:
3.24    "Judge (number)"; or
3.25    (c) (3) In the case of the district court:
3.26    "Judge (number)."
3.27    (b) A judicial retention election shall be placed on the ballot as a question, as
3.28provided in subdivision 3. The question shall appear in substantially the following form:
3.29"Shall ..... (name of judge) of the ..... (district court, court of appeals, or supreme court) be
3.30retained in office?"

3.31    Sec. 7. [204D.30] RETENTION OF JUDGES.
3.32    (a) Within the time period established by section 204B.09, a judge seeking to retain
3.33judicial office shall file an affidavit of candidacy with the secretary of state. All judges
3.34who have filed an affidavit of candidacy as provided in this section shall be placed on
4.1the appropriate official ballot at the next regular general election under a nonpartisan
4.2designation in the form provided in section 204B.36, subdivision 4.
4.3    (b) If a majority of those voting on the question votes "No," then upon the expiration
4.4of the term for which the judge was serving, a vacancy shall exist, which shall be filled as
4.5provided in chapter 480B. If a majority of those voting on the question vote "Yes," the
4.6judge shall remain in office for an eight-year term, subject to removal as provided by the
4.7Minnesota Constitution. A judge who loses a retention election shall be ineligible to
4.8be nominated to fill the resulting vacancy.
4.9    (c) A judge seeking to retain judicial office shall be considered a candidate for
4.10election to that office. A judicial retention election is not a ballot question for the purposes
4.11of the Minnesota election law.

4.12    Sec. 8. Minnesota Statutes 2006, section 480B.01, subdivision 11, is amended to read:
4.13    Subd. 11. Nominees to governor. Within 60 days after the receipt of a notice of
4.14a judicial vacancy, the committee shall recommend to the governor no fewer than three
4.15and no more than five nominees for each judicial vacancy. The names of the nominees
4.16must be made public. The governor may fill the vacancy from the nominees recommended
4.17by the commission. If the governor declines to select a nominee to fill the vacancy from
4.18the list of nominees, or if no list is submitted to the governor under this subdivision,
4.19the governor may select a person to fill the vacancy without regard to the commission's
4.20recommendation. If fewer than 60 days remain in the term of office of a governor who
4.21will not succeed to another term, the governor may fill a vacancy without waiting for the
4.22commission to recommend a list of nominees. Within 60 days from the occurrence of a
4.23vacancy in the office of judge, the commission on judicial selection shall submit to the
4.24governor the names of three candidates nominated by the commission for the vacancy.
4.25The names of the nominees must be made public. The governor shall appoint a qualified
4.26person to fill the vacancy from that list of three candidates or may direct the commission
4.27to nominate three additional candidates from which the governor shall appoint a qualified
4.28person to fill the vacancy. If the governor directs the commission to nominate additional
4.29candidates, the commission must submit its list of nominees to the governor within 60
4.30days. If the governor requests an additional set of nominees, the appointment must be
4.31made from the new set. If the commission does not submit a list of nominees within the
4.32required time frame, the governor may appoint any qualified individual to fill the vacancy
4.33without regard to the commission's work.

4.34    Sec. 9. [480B.02] COMMISSION ON APPELLATE JUDICIAL SELECTION.
5.1    Subdivision 1. Commission on Appellate Judicial Selection. (a) A Commission
5.2on Appellate Judicial Selection is established in the judicial branch. The commission shall
5.3be composed of eleven members. In addition to the provisions established in this section,
5.4the commission shall conduct business in the manner specified by section 480B.01,
5.5subdivisions 7, 9, 10, and 12.
5.6    (b) All members of the commission must be residents of the state of Minnesota
5.7at the time of their appointment and for the duration of their term. Members of the
5.8commission may not serve as a public official as defined in section 10A.01, subdivision
5.935, while a member of the commission. Members of the commission who are attorneys
5.10must have been admitted to practice before the Minnesota Supreme Court for not less than
5.11five years. Members shall be eligible for reappointment up to two additional full terms.
5.12Members of the commission who would otherwise be eligible to hold judicial office may
5.13not be considered or appointed to fill a judicial vacancy while they are members of the
5.14commission or for one year following the end of membership on the commission.
5.15    Subd. 2. Commission members. (a) Members of the commission shall be
5.16appointed and serve as follows:
5.17    (1) the governor shall appoint five members of the commission, one of whom must
5.18be appointed to serve as commission chair. Gubernatorial appointees shall serve on the
5.19commission until the governor who made the appointment leaves office or for a term of
5.20four years, whichever comes first;
5.21    (2) the chief justice of the supreme court shall appoint two members of the
5.22commission. The chief justice's appointees shall serve on the commission for a four-year
5.23term; and
5.24    (3) the legislature shall appoint a total of four members. Legislative appointments
5.25shall be made sequentially as follows: the speaker of the house shall appoint one member,
5.26the majority leader of the senate shall appoint one member, the minority leader of the
5.27house shall appoint one member, and the minority leader of the senate shall appoint one
5.28member. Legislative appointees shall serve on the commission for a two-year term.
5.29    (b) In making appointments, the governor, chief justice, and legislative leaders must
5.30consider the diversity of the state's population, as well as the importance of balanced
5.31geographic representation, and appoint individuals of outstanding competence and
5.32reputation. The governor, chief justice, and legislative leaders should consult with one
5.33another to ensure the requirements of this paragraph are met.
5.34    (c) A member may be removed by the appointing authority at any time (1) for
5.35cause, after notice and hearing, or (2) after missing three consecutive meetings. The
5.36chair of the board shall inform the appointing authority of a member missing the three
6.1consecutive meetings. After the second consecutive missed meeting and before the next
6.2meeting, the secretary of the board shall notify the member in writing that the member
6.3may be removed for missing the next meeting.
6.4    (d) In the case of a vacancy on the board, the appointing authority shall appoint a
6.5person to fill the vacancy for the remainder of the unexpired term.
6.6    Subd. 3. Nominations. (a) Within 60 days from the occurrence of a vacancy in
6.7the office of appellate judge, the Appellate Judicial Merit Selection Commission shall
6.8submit to the governor the names of three candidates nominated by the commission for the
6.9vacancy. The governor shall appoint a qualified person to fill the vacancy from that list of
6.10three candidates or may direct the commission to nominate three additional candidates
6.11from which the governor shall appoint a qualified person to fill the vacancy. If the governor
6.12directs the commission to nominate additional candidates, the commission must submit its
6.13list of nominees to the governor within 60 days. If the governor requests an additional set
6.14of nominees, the appointment must be made from the new set. If the commission does not
6.15submit a list of nominees within the required time frame, the governor may appoint any
6.16qualified individual to fill the vacancy without regard to the commission's work.
6.17    (b) The commission must nominate qualified persons to fill a judicial vacancy based
6.18on the following criteria: integrity, legal knowledge, communication skills, judicial
6.19temperament, the ability to promote trust and confidence in the judiciary, common sense,
6.20experience, and diversity. The principal consideration in nominating a candidate for
6.21a vacancy shall be merit. The commission must make nominations in an impartial and
6.22objective manner without regard for the political affiliation of the nominee or the governor.

6.23    Sec. 10. [480B.03] JUDICIAL PERFORMANCE COMMISSION.
6.24    Subdivision 1. Purpose of commission. A Judicial Performance Commission is
6.25established in the judicial branch. After public hearings, the commission shall adopt and
6.26administer for all judges a process for evaluating judicial performance. The performance
6.27review process must be designed to assist voters in evaluating the performance of judges
6.28standing for retention, facilitate self-improvement of all judges, and promote the public
6.29accountability of the judiciary.
6.30    Subd. 2. Commission members. (a) The Judicial Performance Commission shall
6.31be composed of 25 members. All members of the commission must be residents of
6.32Minnesota at the time of their appointment and for the duration of their term. A member
6.33of the commission may not serve as a public official, as defined in section 10A.01,
6.34subdivision 35, while a member of the commission. Members of the commission who are
6.35attorneys must have been admitted to practice before the Minnesota Supreme Court for
7.1not less than five years. Members of the commission shall be eligible for reappointment
7.2up to two additional full terms.
7.3    (b) Members of the commission shall be appointed and serve as follows:
7.4    (1) the governor shall appoint a total of nine members. Gubernatorial appointees
7.5shall serve on the commission until the governor who made the appointment leaves office
7.6or for a term of four years, whichever comes first;
7.7    (2) the chief justice of the supreme court shall appoint a total of eight members. The
7.8chief justice may only appoint individuals who are sitting or former Minnesota State
7.9Court judges. The chief justice shall select one of the appointees to serve as chair of the
7.10commission. The chief justice's appointees shall serve on the commission for a four-year
7.11term; and
7.12    (3) the legislature shall appoint a total of eight members. Legislative appointments
7.13shall be made sequentially as follows: the speaker of the house shall appoint one member,
7.14the majority leader of the senate shall appoint one member, the minority leader of the
7.15house shall appoint one member, and the minority leader of the senate shall appoint one
7.16member. After each legislative leader has made one appointment as provided in this
7.17clause, a second round of appointments shall be made in the same sequence. Legislative
7.18appointees shall serve on the commission for a two-year term.
7.19    (c) In making appointments, the governor, chief justice, and legislative leaders must
7.20consider the diversity of the state's population, as well as the importance of balanced
7.21geographic representation, and appoint individuals of outstanding competence and
7.22reputation. The governor, chief justice, and legislative leaders should consult with one
7.23another to ensure the requirements of this paragraph are met.
7.24    (d) Members shall perform their duties in an impartial and objective manner and
7.25shall base their recommendations solely upon matters that are in the record developed
7.26by the commission.
7.27    (e) A member may be removed by the appointing authority at any time (1) for
7.28cause, after notice and hearing, or (2) after missing three consecutive meetings. The
7.29chair of the board shall inform the appointing authority of a member missing the three
7.30consecutive meetings. After the second consecutive missed meeting and before the next
7.31meeting, the secretary of the board shall notify the member in writing that the member
7.32may be removed for missing the next meeting.
7.33    (f) In the case of a vacancy on the board, the appointing authority shall appoint a
7.34person to fill the vacancy for the remainder of the unexpired term.
7.35    Subd. 3. Meetings and data. All meetings of the Judicial Performance Commission
7.36are subject to the requirements of chapter 13D. Notwithstanding section 13.90, and except
8.1as otherwise provided in this section, data collected by the commission is public data
8.2pursuant to section 13.03, subdivision 1.
8.3    Subd. 4. Authority of commission. (a) The Judicial Performance Commission shall
8.4develop written standards, subject to approval by the supreme court, by which judicial
8.5performance is to be evaluated. The standards shall be periodically updated and must
8.6include knowledge of the law, procedure, integrity, impartiality, temperament, respect for
8.7litigants, respect for the rule of law, administrative skill, punctuality, and communication
8.8skills. The commission may not evaluate judicial performance based on substantive legal
8.9issues or opinions subject to standard appellate processes.
8.10    (b) The commission shall establish procedures for collecting information and
8.11conducting reviews and shall create and implement a program of periodic review of the
8.12performance of each judge. The commission must request public comment. Hearings
8.13shall be conducted on the performance of all judges prior to a final determination as to
8.14whether a judge meets or does not meet judicial performance standards. Hearings may be
8.15conducted by a panel of commission members, as provided in subdivision 8.
8.16    Subd. 5. Surveys. (a) Midway through a judge's term and again no fewer than nine
8.17months before the date of the election for retention of the judge's position, anonymous
8.18survey forms eliciting performance evaluations shall be distributed to a representative
8.19sampling of attorneys, litigants, other judges, and other persons who have been in direct
8.20contact with each judge being evaluated and who have direct knowledge of the judge's
8.21judicial performance during the evaluation period. The Supreme Court may adopt a rule
8.22establishing standards for survey procedures.
8.23    (b) The Judicial Performance Commission shall employ or contract with qualified
8.24individuals to prepare survey forms, process the survey responses, and compile the
8.25statistical reports of the survey results in a manner designed to ensure confidentiality
8.26and accuracy.
8.27    (c) The survey forms shall seek evaluations in accordance with the written
8.28performance standards approved by the supreme court and must solicit narrative
8.29comments regarding the judge's performance. Narrative comments shall be classified as
8.30private. In each election year, prior to making its final evaluation, the commission shall
8.31request written public comments and hold public hearings with respect to judges standing
8.32for retention.
8.33    Subd. 6. Midterm evaluation. The commission shall evaluate each judge halfway
8.34through the judge's term, as nearly as practicable, to provide feedback to the judge about
8.35the judge's performance and to give the judge an opportunity for improvement.
9.1    Subd. 7. Final evaluation. A judge seeking to be retained in office shall notify the
9.2commission in writing at least one year before the judge's term expires. An evaluation
9.3panel shall conduct an evaluation of the judge, and declare the judge "qualified" or
9.4"unqualified" for office. A declaration of "unqualified" shall not prohibit a judge from
9.5seeking retention by the voters.
9.6    Subd. 8. Evaluation panels; review by full commission. (a) An evaluation panel
9.7shall consist of five members, including at least one member appointed by each branch
9.8of government, but otherwise chosen randomly. A district judge who serves as a panel
9.9member may not evaluate another district judge who sits in the same judicial district. A
9.10panel must report its results to the full commission. The full commission shall review a
9.11panel's evaluation if the panel declares a judge unqualified, or if one panelist or three
9.12members of the commission request a review within 15 days after the panel makes its
9.13report. The commission may overturn a panel's decision. If a panel's decision is not
9.14reviewed, the determination of the panel shall be final.
9.15(b) If an evaluation is reviewed by the full commission, the commission shall
9.16provide written notice to the affected judge. The judge shall have the right to submit
9.17written comments to the commission and to appear and be heard by the commission
9.18prior to the final vote of the commission.
9.19    Subd. 9. Publication of evaluation results. Following a final evaluation, the
9.20commission shall compile a factual report on the judicial performance of each judge
9.21standing for retention and shall make the report available to the public one month before
9.22the time period established in section 204B.09 for filing an affidavit of candidacy with
9.23the secretary of state.
9.24    Subd. 10. Rules. The commission may adopt rules establishing additional criteria
9.25for evaluating judges and ensuring efficient performance of the commission's duties. For
9.26purposes of this subdivision, the commission is an agency under chapter 14.

9.27    Sec. 11. [480B.05] JUDICIAL RETENTION ELECTIONS.
9.28    Judicial retention elections shall be conducted consistent with the procedures
9.29established by law for the administration of state general elections. Judges standing for
9.30retention shall be placed on the ballot as provided in section 204D.30.

9.31    Sec. 12. [480B.07] REQUIREMENTS FOR SERVICE ON COMMISSIONS.
9.32    Subdivision 1. Service on multiple commissions prohibited. A person may not
9.33simultaneously serve on two or more commissions established under this chapter.
10.1    Subd. 2. Service until appointment of successors. Members of commissions
10.2established under this chapter continue to serve until their successors have been appointed
10.3and qualified.

10.4    Sec. 13. [480B.09] TELEPHONIC OR ELECTRONIC PARTICIPATION IN
10.5MEETINGS.
10.6    (a) If compliance with Minnesota Statutes, section 13D.02, is impractical, any of the
10.7commissions established under this chapter may conduct a meeting of its members by
10.8telephone or other electronic means, so long as the following conditions are met:
10.9    (1) all members of the commission participating in the meeting, wherever their
10.10physical location, can hear one another and can hear all discussion and testimony;
10.11    (2) all members of the public present at the regular meeting location can clearly hear
10.12all discussion and testimony and all votes of members;
10.13    (3) at least one member of the commission is physically present at the regular
10.14meeting location; and
10.15    (4) all votes committing funds, finalizing recommendations, and approving contracts
10.16are conducted by roll call, so each member's vote on each issue can be identified and
10.17recorded.
10.18    (b) Each member of the commission participating in a meeting by telephone or
10.19other electronic means is considered present at the meeting for purposes of determining
10.20a quorum and participating in all proceedings. If telephone or other electronic means is
10.21used to conduct a meeting, the commission, to the extent practical, shall allow a person to
10.22monitor the meeting electronically from a remote location. The commission may require
10.23the person making such a connection to pay for documented marginal costs that the
10.24commission incurs as a result of the additional connection. If telephone or other electronic
10.25means is used to conduct a regular, special, or emergency meeting, the commission
10.26shall provide notice of the regular meeting location, of the fact that some members may
10.27participate by telephone or other electronic means, and of whether and how a person may
10.28monitor the meeting electronically from a remote location. The timing and method of
10.29providing notice is governed by Minnesota Statutes, section 13D.04.

10.30    Sec. 14. JUDICIAL PERFORMANCE COMMISSION; FIRST MEETING.
10.31    The governor and the chief justice must make initial appointments to the Judicial
10.32Performance Commission no later than 90 days following adoption of the constitutional
10.33amendment proposed in article 1. The chair of the commission, as appointed by the chief
10.34justice, must convene the first full meeting of the commission no later than 30 days after
10.35all members of the commission have been appointed.

11.1    Sec. 15. REPEALER.
11.2Minnesota Statutes 2006, sections 204B.36, subdivision 5; and 204D.14, subdivision
11.33, are repealed.

11.4    Sec. 16. EFFECTIVE DATE.
11.5    Article 2 is effective upon adoption of the constitutional amendment proposed in
11.6article 1."
11.7Amend the title accordingly