1.1.................... moves to amend H.F. No. 1657, the delete everything amendment
1.2(H1657DE1), as follows:
1.3Page 2, delete lines 29 to 34
1.4Page 3, delete lines 1 to 9 and insert:
1.5"Judicial and Referee Vacancies. The
1.6supreme court shall not certify a judicial
1.7or referee vacancy under Minnesota
1.8Statutes, section 2.722, until it has examined
1.9alternative options, such as temporarily
1.10suspending certification of the vacant
1.11position or assigning a retired judge to
1.12temporarily fill the position. Thirty days
1.13prior to certifying any judicial or referee
1.14vacancy to the governor, the supreme court
1.15shall submit to the chairs and ranking
1.16minority members of the house and senate
1.17committees with jurisdiction over public
1.18safety and judiciary policy and finance,
1.19a report with a detailed explanation of
1.20the alternatives that were examined, why
1.21those alternatives were rejected, and why
1.22certification of the position is necessary
1.23for effective judicial administration and
1.24necessary for adequate access to the courts."
1.25Page 16, after line 31, insert:

1.26    "Section 1. Minnesota Statutes 2008, section 2.722, subdivision 4, is amended to read:
2.1    Subd. 4. Determination of a judicial vacancy. (a) When a judge of the district
2.2court dies, resigns, retires, or is removed from office, the Supreme Court, in consultation
2.3with judges and attorneys in the affected district, shall determine within 90 days of after
2.4receiving notice of a vacancy from the governor whether the vacant office is necessary
2.5for effective judicial administration or is necessary for adequate access to the courts.
2.6In determining whether the position is necessary for adequate access to the courts, the
2.7Supreme Court shall consider whether abolition or transfer of the position would result in
2.8a county having no chambered judge. The Supreme Court may continue the position, may
2.9order the position abolished, or may transfer the position to a judicial district where need
2.10for additional judges exists, designating the position as either a county, county/municipal
2.11or district court judgeship. The Supreme Court shall certify any vacancy to the governor,
2.12who shall fill it in the manner provided by law.
2.13(b) If a judge of district court fails to timely file an affidavit of candidacy and filing
2.14fee or petition in lieu of a fee, the official with whom the affidavits of candidacy are
2.15required to be filed shall notify the Supreme Court that the incumbent judge is not seeking
2.16reelection. Within five days of receipt of the notice, the Supreme Court shall determine
2.17whether the judicial position is necessary for effective judicial administration or adequate
2.18access to the courts and notify the official responsible for certifying the election results of
2.19its determination. In determining whether the position is necessary for adequate access to
2.20the courts, the Supreme Court shall consider whether abolition or transfer of the position
2.21would result in a county having no chambered judge. The Supreme Court may continue
2.22the position, may order the position abolished, or may transfer the position to a judicial
2.23district where the need for additional judgeships exists. If the position is abolished or
2.24transferred, the election may not be held. If the position is transferred, the court shall also
2.25notify the governor of the transfer. Upon transfer, the position is vacant and the governor
2.26shall fill it in the manner provided by law. An order abolishing or transferring a position is
2.27effective the first Monday in the next January.

2.28    Sec. 2. Minnesota Statutes 2008, section 2.722, subdivision 4a, is amended to read:
2.29    Subd. 4a. Referee vacancy; conversion to judgeship. When a referee of the
2.30district court dies, resigns, retires, or is voluntarily removed from the position, the chief
2.31judge of the district shall notify the Supreme Court and may petition to request that the
2.32position be converted to a judgeship. The Supreme Court shall determine within 90
2.33days of the petition whether to order the position abolished or convert the position to a
2.34judgeship in the affected or another judicial district. The Supreme Court shall certify any
2.35judicial vacancy to the governor, who shall fill it in the manner provided by law. The
3.1conversion of a referee position to a judgeship under this subdivision shall not reduce the
3.2total number of judges and referees hearing cases in the family and juvenile courts."
3.3Renumber the sections in sequence and correct the internal references
3.4Amend the title accordingly