1.1.................... moves to amend H.F. No. 224 as follows:
1.2Delete everything after the enacting clause and insert:


1.5    Section 1. CONSTITUTIONAL AMENDMENT 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 the first Monday of January following the next regularly scheduled
1.11general election held more than three years after the appointment. Thereafter, the judge's
1.12term of office shall be eight years and until a successor is appointed and qualified. Judges'
1.13retention shall be elected determined by the voters from the area which they are to serve,
1.14in the manner provided by law. An independent judicial performance commission shall
1.15evaluate in a nonpartisan manner the performance of judges according to criteria that the
1.16commission develops and publishes, and any such other criteria as may be established
1.17by 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.

1.23    Sec. 2. SUBMISSION TO VOTERS.
1.24    The proposed amendment must be submitted to the people at the 2010 general
1.25election. The question submitted must be:
2.1"Shall the Minnesota Constitution be amended to reaffirm the impartiality of the
2.2judiciary by providing that all judges be appointed by the governor, with their continuation
2.3in office determined at a retention election after a public, nonpartisan evaluation of their
2.4performance by a judicial performance commission rather than be determined under
2.5the current system of contested elections?

2.6	Yes .......
2.7	No ......."

2.8    Sec. 3. TRANSITION.
2.9Any judge currently seated or elected at the time the constitutional amendment
2.10provided in section 1 is adopted shall complete the remainder of the judge's term as it
2.11existed before adoption of the amendment. A judge who is elected at the 2010 general
2.12election will serve a term of six years. Following completion of their terms, these judges
2.13are subject to the retention election process as provided in the constitution and may file for
2.14retention following the procedures described in article 2.


2.17    Section 1. Minnesota Statutes 2008, section 10A.01, subdivision 7, is amended to read:
2.18    Subd. 7. Ballot question. "Ballot question" means a question or proposition that is
2.19placed on the ballot and that may be voted on by all voters of the state. "Promoting or
2.20defeating a ballot question" includes activities, other than lobbying activities, related to
2.21qualifying the question for placement on the ballot. A ballot question does not include a
2.22judicial retention election.

2.23    Sec. 2. Minnesota Statutes 2008, section 10A.01, subdivision 10, is amended to read:
2.24    Subd. 10. Candidate. "Candidate" means an individual who seeks nomination
2.25or election as a state constitutional officer, or legislator, or judge retention in a judicial
2.26office. An individual is deemed to seek nomination or election if the individual has taken
2.27the action necessary under the law of this state to qualify for nomination or election, has
2.28received contributions or made expenditures in excess of $100, or has given implicit or
2.29explicit consent for any other person to receive contributions or make expenditures in
2.30excess of $100, for the purpose of bringing about the individual's nomination or election.
2.31A candidate remains a candidate until the candidate's principal campaign committee is
2.32dissolved as provided in section 10A.24.

3.1    Sec. 3. Minnesota Statutes 2008, section 10A.01, subdivision 15, is amended to read:
3.2    Subd. 15. Election. "Election" means a primary, special primary, general, or
3.3special, or retention election.

3.4    Sec. 4. Minnesota Statutes 2008, section 10A.14, subdivision 1, is amended to read:
3.5    Subdivision 1. First registration. The treasurer of a political committee, political
3.6fund, principal campaign committee, or party unit must register with the board by filing a
3.7statement of organization no later than within the earlier of:
3.8(1) 14 days after the committee, fund, or party unit has made a contribution, received
3.9contributions, or made expenditures in excess of $100, or by;
3.10(2) 72 hours after the committee, fund, or party unit has made a contribution, received
3.11contributions, or made expenditures in excess of $100, if the contribution or expenditure
3.12was made to advocate the retention or defeat of a candidate for judicial office; or
3.13(3) the end of the next business day after it has received a loan or contribution that
3.14must be reported under section 10A.20, subdivision 5, whichever is earlier.

3.15    Sec. 5. Minnesota Statutes 2008, section 10A.20, subdivision 2, is amended to read:
3.16    Subd. 2. Time for filing. (a) The reports must be filed with the board on or before
3.17January 31 of each year and additional reports must be filed as required and in accordance
3.18with paragraphs (b) and (c) to (d).
3.19(b) In each year in which the name of the candidate is on the ballot, the report of
3.20the principal campaign committee must be filed 15 days before a primary and ten days
3.21before a general election, seven days before a special primary and a special election,
3.22and ten days after a special election cycle.
3.23(c) In each general election year, a political committee, political fund, or party unit
3.24must file reports 15 days before a primary and ten days before a general election.
3.25(d) In each general election year in which a political committee, political fund, or
3.26party unit makes expenditures that, in the aggregate, exceed $100 to advocate the retention
3.27or defeat of a candidate for judicial office, reports must be filed 90 days, 60 days, and 30
3.28days before the retention election.

3.29    Sec. 6. Minnesota Statutes 2008, section 10A.20, is amended by adding a subdivision
3.30to read:
3.31    Subd. 6c. Independent expenditures; judicial retention. (a) An individual,
3.32corporation, association, political committee, political party unit, or political fund must
3.33file a report with the board each time the individual, corporation, association, political
4.1committee, political party unit, or political fund makes or contracts to make, at any time up
4.2to and including the 20th day before an election, independent expenditures in an aggregate
4.3amount in excess of $1000 to advocate the retention or defeat of a candidate for judicial
4.4office. The report must be filed within 48 hours after initially making or contracting to
4.5make such expenditures. An additional report must be filed within 48 hours after each
4.6time an independent expenditure in an aggregate amount in excess of $1000 is made
4.7or contracted to be made, up to and including the 20th day before a retention election.
4.8The report must include the information required to be reported under subdivision 3,
4.9paragraph (g), except that if the expenditure is reported at the time it is contracted, the
4.10report must include the contract amount.
4.11 (b) An individual, political committee, political party unit, or political fund must
4.12file a report with the board each time the individual, political committee, political party
4.13unit, or political fund makes or contracts to make, between the 19th day and the last day
4.14before an election, an independent expenditure in an aggregate amount in excess of $100
4.15to advocate the retention or defeat of a candidate for judicial office. The report must be
4.16filed within 24 hours after initially making or contracting to make such expenditures. An
4.17additional report must be filed within 24 hours after making or contracting to make an
4.18independent expenditure in an aggregate amount in excess of $100 at any time up to and
4.19including the 20th day before a retention election. The report must include the information
4.20required to be reported under subdivision 3, paragraph (g), except that if the expenditure is
4.21reported at the time it is contracted, the report must include the contract amount.
4.22(c) An individual, corporation, association, political committee, political party unit,
4.23or political fund that must file a report under this subdivision must also provide a copy of
4.24the report to the candidate, by certified mail, sent within the time period required for filing
4.25that same report with the board as provided in paragraphs (a) and (b).

4.26    Sec. 7. [13.95] INDEPENDENT JUDICIAL PERFORMANCE COMMISSION.
4.27Data of the Independent Judicial Performance Commission is classified and
4.28governed as provided in section 480B.02.

4.29    Sec. 8. Minnesota Statutes 2008, section 204B.06, subdivision 6, is amended to read:
4.30    Subd. 6. Judicial retention candidates; designation of term office. An individual
4.31A justice or judge who files as a retention candidate for the office of chief justice or
4.32associate justice of the Supreme Court, judge of the Court of Appeals, or judge of the
4.33district court shall state in the affidavit of candidacy the office of the particular justice or
4.34judge for which the individual is a retention candidate. The individual shall be a retention
5.1candidate only for the office identified in the affidavit. Each justice of the Supreme
5.2Court and each Court of Appeals and district court judge is deemed to hold a separate
5.3nonpartisan office.

5.4    Sec. 9. Minnesota Statutes 2008, section 204B.11, subdivision 1, is amended to read:
5.5    Subdivision 1. Amount; dishonored checks; consequences. Except as provided
5.6by subdivision 2, a filing fee shall be paid by each candidate who files an affidavit of
5.7candidacy. The fee shall be paid at the time the affidavit is filed. The amount of the filing
5.8fee shall vary with the office sought as follows:
5.9(a) for the office of governor, lieutenant governor, attorney general, state auditor,
5.10secretary of state, or representative in Congress, $300;
5.11(b) for judge of the Supreme Court, judge of the Court of Appeals, or judge of the
5.12district court, $300, plus a judicial performance evaluation fee, to be sent to the judicial
5.13performance evaluation fee account established in section 480B.04, subdivision 2, of
5.14$.......;
5.15(b) (c) for the office of senator in Congress, $400;
5.16(c) (d) for office of senator or representative in the legislature, $100;
5.17(d) (e) for a county office, $50; and
5.18(e) (f) for the office of soil and water conservation district supervisor, $20.
5.19For the office of presidential elector, and for those offices for which no compensation
5.20is provided, no filing fee is required.
5.21The filing fees received by the county auditor shall immediately be paid to the
5.22county treasurer. The filing fees received by the secretary of state shall immediately be
5.23paid to the commissioner of management and budget.
5.24When an affidavit of candidacy has been filed with the appropriate filing officer and
5.25the requisite filing fee has been paid, the filing fee shall not be refunded. If a candidate's
5.26filing fee is paid with a check, draft, or similar negotiable instrument for which sufficient
5.27funds are not available or that is dishonored, notice to the candidate of the worthless
5.28instrument must be sent by the filing officer via registered mail no later than immediately
5.29upon the closing of the filing deadline with return receipt requested. The candidate will
5.30have five days from the time the filing officer receives proof of receipt to issue a check
5.31or other instrument for which sufficient funds are available. The candidate issuing the
5.32worthless instrument is liable for a service charge pursuant to section 604.113. If adequate
5.33payment is not made, the name of the candidate must not appear on any official ballot and
5.34the candidate is liable for all costs incurred by election officials in removing the name
5.35from the ballot.

6.1    Sec. 10. Minnesota Statutes 2008, section 204B.34, subdivision 3, is amended to read:
6.2    Subd. 3. Judicial elections. When one or more justices of the Supreme Court or
6.3judges of the Court of Appeals or of a district court are to be nominated at the same
6.4primary or elected at the same general election have filed for retention election, the
6.5notice of election shall state the name of each justice or judge whose successor is to
6.6be nominated or elected seeking retention.

6.7    Sec. 11. Minnesota Statutes 2008, section 204B.36, subdivision 4, is amended to read:
6.8    Subd. 4. Judicial retention candidates. The official ballot shall contain the names
6.9of all candidates for each judicial office and shall state the number of those candidates for
6.10whom a voter may vote. (a) The official ballot shall contain the names of all justices or
6.11judges seeking to retain their office. Each seat for an associate justice, associate judge, or
6.12judge of the district court must be numbered. The words "SUPREME COURT," "COURT
6.13OF APPEALS," and "(number) DISTRICT COURT" must be printed above the respective
6.14judicial office groups on the ballot. The title of each judicial office shall be printed on
6.15the official primary and general election ballot as follows:
6.16    (a) (1) in the case of the Supreme Court:
6.17    "Chief justice";
6.18    "Associate justice (number)";
6.19    (b) (2) in the case of the Court of Appeals:
6.20    "Judge (number)"; or
6.21    (c) (3) in the case of the district court:
6.22    "Judge (number)."
6.23    (b) A judicial retention election shall be placed on the ballot as a question, as
6.24provided in subdivision 3. The question shall appear in substantially the following form:
6.25"Shall ..... (name of judge) of the ..... (district court, Court of Appeals, or Supreme Court)
6.26be retained in office?"

6.27    Sec. 12. [204D.30] RETENTION OF JUDGES.
6.28    (a) Within the time period established by section 204B.09, a judge seeking to retain
6.29judicial office shall file an affidavit of candidacy with the secretary of state. Judges
6.30who have filed an affidavit of candidacy as provided in this section must be placed on
6.31the appropriate official ballot at the next regular general election under a nonpartisan
6.32designation in the form provided in section 204B.36, subdivision 4.
6.33    (b) If a majority of those voting on the question votes "No," then upon the expiration
6.34of the term for which the judge was serving, a vacancy exists, which must be filled as
7.1provided by law. If a majority of those voting on the question votes "Yes," the judge shall
7.2remain in office for an eight-year term, subject to removal as provided by the Minnesota
7.3Constitution. A judge who loses a retention election is ineligible to be appointed to fill the
7.4resulting vacancy.
7.5    (c) A judge seeking to retain judicial office is considered a candidate for election to
7.6that office. A judicial retention election is not a ballot question for the purposes of the
7.7Minnesota election law.

7.8    Sec. 13. [480B.02] INDEPENDENT JUDICIAL PERFORMANCE
7.9COMMISSION.
7.10    Subdivision 1. Establishment. An Independent Judicial Performance Evaluation
7.11Commission is established and shall be an independent body not subject to the direct
7.12control of any branch of government.
7.13    Subd. 2. Purpose of commission. After public hearings, the commission shall
7.14adopt and administer for all judges a process for evaluating judicial performance.
7.15The performance review process must be designed to assist voters in evaluating the
7.16performance of judges standing for retention, facilitate self-improvement of all judges,
7.17and promote the public accountability of the judiciary.
7.18    Subd. 3. Composition; appointment of commission members. (a) The
7.19commission is comprised of 24 members. All members of the commission must be
7.20residents of Minnesota at the time of their appointment and for the duration of their term.
7.21Sitting judges and public officials, as defined in section 10A.01, subdivision 35, may not
7.22be appointed or serve on the commission. Members of the commission who are attorneys
7.23at the time of their appointment must have been admitted to practice before the Minnesota
7.24Supreme Court for not less than five years. Members of the commission are eligible for
7.25reappointment up to two additional full terms.
7.26    (b) Members of the commission must be appointed and serve as follows:
7.27    (1) the governor shall appoint a total of eight members, no more than four of whom
7.28may be attorneys at the time of their appointment. Gubernatorial appointees serve on the
7.29commission until the governor who made the appointment leaves office or for a term of
7.30four years, whichever comes first;
7.31    (2) the Supreme Court shall appoint a total of eight members. The court shall
7.32designate one of the appointees to serve as chair of the commission. No more than four of
7.33the appointees may be attorneys at the time of their appointment. The Supreme Court's
7.34appointees serve on the commission for a four-year term; and
8.1    (3) the legislature shall appoint a total of eight members, no more than four of
8.2whom may be attorneys at the time of their appointment. Legislative appointments must
8.3be made sequentially as follows: the speaker of the house shall appoint one member, the
8.4majority leader of the senate shall appoint one member, the minority leader of the house
8.5of representatives shall appoint one member, and the minority leader of the senate shall
8.6appoint one member. After each legislative leader has made one appointment as provided
8.7in this clause, a second round of appointments must be made in the same sequence.
8.8Legislative appointees serve on the commission for a two-year term.
8.9In the case of a vacancy on the commission, the authority who appointed the
8.10member whose seat has become vacant shall appoint a person to fill the vacancy for the
8.11remainder of the unexpired term.
8.12    (c) In making appointments, the governor, Supreme Court, and legislative leaders
8.13must consider the diversity of the state's population, as well as the importance of balanced
8.14geographic representation, and appoint individuals of outstanding competence and
8.15reputation. The governor, Supreme Court, and legislative leaders should consult with one
8.16another to ensure the requirements of this paragraph are met.
8.17    (d) Members shall perform their duties in an impartial and objective manner and
8.18shall base their recommendations solely upon matters that are in the record developed
8.19by the commission. A member who violates this paragraph may be removed from the
8.20commission by majority vote of the commission's membership.
8.21    (e) A member may be removed by the appointing authority at any time for cause,
8.22after notice and hearing, or after missing three consecutive meetings. After a member
8.23misses two consecutive meetings and before the next meeting, the secretary of the
8.24commission shall notify the member in writing that the member may be removed if the
8.25member misses the next meeting. The chair of the commission shall inform the appointing
8.26authority if a member misses three consecutive meetings.
8.27(f) Commission members shall serve without compensation and may not be
8.28reimbursed for expenses associated with their work on the commission.
8.29(g) The commission shall appoint an executive secretary to provide administrative
8.30assistance and coordinate the work of the commission.
8.31    Subd. 4. Meetings and data. Meetings of the Independent Judicial Performance
8.32Commission are subject to the requirements of chapter 13D, except that a meeting held to
8.33evaluate the performance of a judge may only be closed to discuss issues related to the
8.34judge's health or allegations against the judge that may be defamatory in nature. The
8.35commission is subject to the requirements of chapter 13. Except as otherwise provided in
9.1this section, data of the commission are public data pursuant to section 13.03, subdivision
9.21.
9.3    Subd. 5. Standards and procedures. (a) The Independent Judicial Performance
9.4Commission shall develop written standards, subject to approval of the Supreme Court
9.5in their entirety, by which judicial performance is to be evaluated. The standards must
9.6be periodically updated and must include knowledge of the law, procedure, integrity,
9.7impartiality, temperament, respect for litigants, respect for the rule of law, administrative
9.8skill, punctuality, and communication skills. The commission may not evaluate judicial
9.9performance based on substantive legal issues or opinions subject to standard appellate
9.10processes.
9.11    (b) The commission shall adopt procedures for collecting information and
9.12conducting reviews and shall create and implement a program of periodic review of the
9.13performance of each judge. The commission must request public comment on these
9.14procedures prior to their adoption.
9.15    Subd. 6. Surveys. (a) Midway through a judge's term and again no fewer than nine
9.16months before the date of the election for retention of the judge's position, the commission
9.17must distribute anonymous survey forms eliciting performance evaluations of the judge to
9.18a representative sampling of attorneys, litigants, other judges, and other persons who have
9.19been in direct contact with the judge being evaluated and who have direct knowledge of
9.20the judge's judicial performance during the evaluation period.
9.21    (b) The commission must employ or contract with qualified individuals to prepare
9.22survey forms, process responses, and compile the statistical reports of the survey results in
9.23a manner that ensures confidentiality and accuracy.
9.24    (c) Each survey conducted must seek evaluations in accordance with the written
9.25performance standards adopted as provided in paragraph (a) and must solicit narrative
9.26comments regarding the judge's performance. Narrative comments contained in a survey
9.27response are private data on the judge, as defined in section 13.02, subdivision 12. Other
9.28data on an individual who completes or responds to a survey form are private data on
9.29that individual.
9.30    Subd. 7. Midterm evaluation. The commission shall evaluate each judge halfway
9.31through the judge's term, as nearly as practicable, to provide feedback to the judge about
9.32the judge's performance and to give the judge an opportunity for improvement. The
9.33commission shall adopt procedures for conducting the midterm evaluation.
9.34    Subd. 8. Retention-year evaluation. (a) In each year in which a judge has the
9.35opportunity to file as a candidate for retention, the Independent Judicial Performance
9.36Commission must conduct a final evaluation of the judge and determine whether the
10.1judge meets or does not meet judicial performance standards. Upon completion of
10.2the evaluation, the commission must rate the judge "well-qualified," "qualified," or
10.3"unqualified" for office. A rating of "unqualified" does not prohibit a judge from seeking
10.4retention by the voters.
10.5(b) The final evaluation of a judge must include a public hearing and an opportunity
10.6for submission of written public comments on the performance of a judge standing for
10.7retention. Prior to accepting public comment and conducting a hearing, the commission
10.8must notify each judge to be evaluated of the process for conducting the evaluation and
10.9the right of the judge to submit written comments and appear in person at the hearing.
10.10The hearing and evaluation may be conducted by a panel of commission members, as
10.11provided in subdivision 8.
10.12(c) A judge who does not intend to seek retention may waive the final evaluation
10.13process by providing written notice to the commission affirming the judge's intention to
10.14not file as a retention candidate for the judge's current office. If a judge waives the final
10.15evaluation under this paragraph, the judge is not eligible to file an affidavit of candidacy
10.16for the office and is not eligible to be appointed to fill the resulting vacancy.
10.17    Subd. 9. Evaluation panels; review by full commission. (a) The evaluation of a
10.18judge may be conducted by an evaluation panel. An evaluation panel is comprised of five
10.19members, including at least one member appointed by each branch of government, but
10.20otherwise chosen randomly. A panel must report its results to the full commission. The
10.21full commission shall review a panel's evaluation if the panel rates a judge unqualified, or
10.22if one panelist or three members of the commission request a review within 15 days after
10.23the panel makes its report. The commission may overturn a panel's rating. If a panel's
10.24report and rating is not reviewed, the determination of the panel is final. Decisions of an
10.25evaluation panel or the full commission regarding a judge's performance are not subject
10.26to judicial review.
10.27(b) If an evaluation is reviewed by the full commission, the commission shall
10.28provide written notice to the affected judge. The judge has the right to submit written
10.29comments to the commission and to appear and be heard by the commission prior to a
10.30final vote of the commission members regarding the judge's performance.
10.31    Subd. 10. Publication of evaluation results. Following the final evaluation of a
10.32judge, the commission shall compile a factual report on the judicial performance of each
10.33judge intending to stand for retention, including the final rating assigned to the judge's
10.34performance. The report must be made available to the public at least one month before
10.35the time period established in section 204B.09 for filing an affidavit of candidacy with
10.36the secretary of state.

11.1    Sec. 14. [480B.03] JUDICIAL RETENTION ELECTIONS.
11.2    Judicial retention elections must be conducted consistent with the procedures
11.3established by law for the administration of state general elections. Judges standing for
11.4retention must be placed on the ballot as provided in section 204D.30.

11.5    Sec. 15. [480B.04] REQUIREMENTS FOR SERVICE ON COMMISSIONS.
11.6    Subdivision 1. Service on multiple commissions prohibited. A person may not
11.7simultaneously serve on more than one commission established under this chapter.
11.8    Subd. 2. Service until appointment of successors. Members of commissions
11.9established under this chapter continue to serve until their successors have been appointed
11.10and qualified.

11.11    Sec. 16. [480B.05] TELEPHONIC OR ELECTRONIC PARTICIPATION IN
11.12MEETINGS.
11.13    (a) If compliance with section 13D.02 is impractical, any of the commissions
11.14established under this chapter may conduct a meeting of its members by telephone or other
11.15electronic means, so long as the following conditions are met:
11.16    (1) all members of the commission participating in the meeting, wherever their
11.17physical location, can hear one another and can hear all discussion and testimony;
11.18    (2) all members of the public present at the regular meeting location can clearly hear
11.19all discussion and testimony and all votes of members;
11.20    (3) at least one member of the commission is physically present at the regular
11.21meeting location; and
11.22    (4) all votes committing funds, finalizing recommendations, and approving contracts
11.23are conducted by roll call, so each member's vote on each issue can be identified and
11.24recorded.
11.25    (b) Each member of the commission participating in a meeting by telephone or
11.26other electronic means is considered present at the meeting for purposes of determining
11.27a quorum and participating in all proceedings. If telephone or other electronic means is
11.28used to conduct a meeting, the commission, to the extent practical, shall allow a person
11.29to monitor the meeting electronically from a remote location. The commission may
11.30require the person making the connection to pay for documented marginal costs that the
11.31commission incurs as a result of the additional connection. If telephone or other electronic
11.32means is used to conduct a regular, special, or emergency meeting, the commission
11.33shall provide notice of the regular meeting location, of the fact that some members may
11.34participate by telephone or other electronic means, and of whether and how a person may
12.1monitor the meeting electronically from a remote location. The timing and method of
12.2providing notice is governed by section 13D.04.

12.3    Sec. 17. [480B.06] JUDICIAL PERFORMANCE EVALUATION; FEE.
12.4    Subdivision 1. Authorization. The Supreme Court, through the Lawyer Registration
12.5Office, may assess a judicial performance evaluation fee on each licensed attorney in the
12.6state. If imposed, the fee must not exceed $......., and may only apply to attorneys actively
12.7engaged in the practice of law.
12.8    Subd. 2. Creation of account. The Judicial Performance Evaluation Fee Account
12.9is created in the special revenue fund. The state court administration shall forward fees
12.10collected under subdivision 1 to the commissioner of finance who shall deposit them in the
12.11state treasury and credit them to this account. Money in the account is appropriated to the
12.12Independent Judicial Performance Commission.

12.13    Sec. 18. INDEPENDENT JUDICIAL PERFORMANCE COMMISSION; FIRST
12.14MEETING; TRANSITION.
12.15    (a) Initial appointments must be made to the Independent Judicial Performance
12.16Commission on July 1, 2011.
12.17(b) Initial appointees shall serve for a term ending January 15, 2013, and may be
12.18considered for reappointment as provided in this article at that time. The chair of the
12.19commission must convene the first full meeting of the commission no later than August 1,
12.202011, and appoint a secretary for the commission at that first meeting.
12.21(c) The commission is only required to conduct a final retention-year evaluation of
12.22each judge whose term expires on or before January 5, 2015, but may conduct an initial
12.23evaluation of these judges to provide an opportunity for improvement if the commission
12.24determines that it is prepared and equipped to do so. Judges whose terms expire after
12.25January 5, 2015, are subject to both the midterm and final retention-year evaluations
12.26required by this article.

12.27    Sec. 19. REPEALER.
12.28Minnesota Statutes 2008, sections 204B.36, subdivision 5; and 204D.14, subdivision
12.293, are repealed.

12.30    Sec. 20. EFFECTIVE DATE.
12.31    This article is effective July 1, 2011, if the constitutional amendment in article
12.321 is adopted. However, if the constitutional amendment is adopted, the governor and
13.1Supreme Court may immediately undertake any procedure necessary to consider and
13.2select potential appointees."
13.3Delete the title and insert:
13.5relating to judicial selection; proposing an amendment to the Minnesota
13.6Constitution, article VI, sections 7 and 8; establishing retention elections for
13.7judges; creating an independent judicial performance commission;amending
13.8Minnesota Statutes 2008, sections 10A.01, subdivisions 7, 10, 15; 10A.14,
13.9subdivision 1; 10A.20, subdivision 2, by adding a subdivision; 204B.06,
13.10subdivision 6; 204B.11, subdivision 1; 204B.34, subdivision 3; 204B.36,
13.11subdivision 4; proposing coding for new law in Minnesota Statutes, chapters 13;
13.12204D; 480B; repealing Minnesota Statutes 2008, sections 204B.36, subdivision
13.135; 204D.14, subdivision 3."