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Final Report If you have issues viewing or accessing this file contact us at NCJRS.gov. I '. • FINAL REPORT FINAL REPORT OF THE SELECT COMMITTEE ON THE STATE JUDICIAL SYSTEM -.;- .~:;':; -::::;:;:: .. ,;::: -----~~~~~~~ SELECT COMMITTEE ON T'HE STATE JUDICIAL SYSTEM JUDICIA1. COUNCIL APPOINTED SY CHIEF JUSTiCe: ROSe:RT J. SHe:RAN SELECT COMMITTEE HaN. l.AWRENCE R. VETKA. CHM. UNDER THE AUSPICES OF THE. SiATE JUDICIAL COUNCIL HON:. l.AWREI'ICE R. VETKA. CHM. HON. El.MER l.. ANDERSEN HaN. DOUGl.AS K. AMDAHl. REP. TOM K. BER" HaN. ROBERT E. BOWEN HON. CHARl.ES E. CASHMAN 502 BREMER ARCADE THOMAS M. CONl.IN HaN. CHARl.ES E. CASHMAN 51'. PAUl., MINNESC,TA !l5101 WIl.l.IAM J. COOPE:R PEGGY GROSS ,EDWARD COl.EMAN (111212911-7031 GENE: W. HAl.VERSON THOMAs M. CONl.IN .IAMES HARPER REP. NEIl. S. HAUGERUD JOHN FRENCH 'HaN. HARVEY A. HOl.TAN HaN. ROBERT B. GIl.l.E:SPIE HON. CHARl.ES C. JOi-lN,SON HIDN. JAMES H. JOHNSTON JAMES HARPER C; PAUl. JONES C. PAUl. JONES THoMAS KAl.ITOI'{SKI HON. Al.LAN R. MARKERT RICHARD 10, Kl.EIN gDWARD G. NOVAK DAVID ROE: l:, JAMES D. MAsoN THOMASJ.RYAN NORMAN PERl. fEB 3 ~978 HON. BRUCE; C. STONE AUSTIN G. ANDERSON~ HaN. ROBERT J. SHERAN PROjECT OlRECTOR ACQUISITIONS Chief Justice Robert J. Sheran Minnesota Judicial Council state Capitol St. Paul, Minnesota 55155 Dear Chief Justice Sheran atl.d Members of the Judicial Council: The Select Committee on the Judicial System is pleased to present you with its final report. In its report the Committee makes the following recommendations: 1. The existing authority of the Chief Justice to assign a district court judge from one judicial 'district to another when public convenience and necessity reqUire it (M.S. 2.724) would be extended to allow any judge of any court to be aSSigned to any court of any district", 2. A single chief judge of the judicial district would make assignment of judges to all cases within a judicial district. 3. A continuous term of court would be held. ::.~ 4. The Supreme Court would have the authority to establish residency or chambers requirements for judges when necessary to ensure equal accessibility of judicial services to all people. 5. The Supreme Court would have the authority to alter the boundaries or change the number of judicial districts, ex .... cluding districts 2 and 4, and to separate 01' combine county court districts should existing districts prove detrimental to said delivery of services. ' 6.. The Chief Justice's general supervisory powers would include ,( Chief Justice Sheran Minnesota Judicial Council Page 2 supervision of administrative operations generally, financial affairs, planning and research, continuing education and chief liaison functions. 7. The Supreme Court would, after consultation with the judges of the district, appoint the single chief judge of the judicial district who shall be a full-time, non-retired county, district, municipal or probate court judge and who would eXercise general administrative authority over all state courts within the judi­ cial district. 8. The chief judge, in turn, would appoint the district admini­ strator for the judicial district with the advice and approval of all judges in that district. 9. The clerk of court for th& county would be appointed by a majority of the distric~ court judges within the district after their having received a recommendation from the chief judge who would choose from applicants referred to him by the distriict administrator. 10. A mandatory annual conference for the consideration of "matters relating to judicial business, the improvement of the judi­ cial system and the administration of justice" would be called. 11. The chief judges of the judicial districts would meet at least bi-monthly to consider problems related to judicial business or administration. 12. The chief judge would convene a conference at least twice a year~f all judges within the judicial district to consider administrative matters and rules of court and to provide ad­ vice and counsel to the chief judge. 13. Equal pay for all trial judges would be instituted. A trial judge's salary would be set at $45,000. Associate Justices of the Supreme Court would receive 110 percent of the salary of a trial court judge, and the Chief Justice would receive 110 percent of the salary of an Associate Justice. Judicial salaries would be subject to biennial review by the Legisla­ ture to insure that they are adequate to attract well-qualified candidates. 14. Independent statewide financing would be initiated. 15· The Council of Chief Judges would be created. 16. The Council of District Administrators would be created. 17~ Expansion of the staff of the State Court Administrator would occur. Chief Justice Sheran Minnesota Judicial Couhcil Page 3 All of these suggestions are a part of either the Select Committee Bill or among the Committee's other recommendations. It should be stated that the recommendations set forth in the report were not unanimous in every instance; nonconcurring com­ ments are attached. Members of the Committee Who have found it desirable to do so have added additional, individual comments to the Committee proposals. I thought it might prove helpful to you and to those interested in our report to have my individual recollections of Committee deliberations--when, why, and how it acted as it did--so I have attached a lengthy comment of my own, which appears in Appendix H. On behalf of the entire membersh:Lp of the Select Committee, it has been a pleasure to make this study. We are particular;Ly apprecia­ tive of the outstanding assistance rendered to the COrn'mittee by the staff of the Committee. Sincerely, , .~". '---Lawrencecu~~.~ R. Yet, orman Select Committ tue Judicial System LRY:nkr o f - I J~C.JRS ,fI FEB 3 '918 Vl ACQURSrrION$ FINAL REPORT OF THE SELECT COMMITTEE ON THE STATE JUDICIAL SYSTEM Appointed by Chief Jus tice Robert J. Sheran Under the Auspices of the State Judicial Council This project was supported by the Minnesota Governor's Commission on Crime Prevention and· Control Grant Numbers 3310012274 and 3309012275 and matching funds ftom the Judicial Council and the Legislature of the State of Minn1esota. --~--~~------------ TABLE OF CONTENTS Page Letter of Transrl'l ittat Table of Contents ..........•.....................•.....•.•.... \1 •••••••••••••••••••••••••••••••• ~ ••••• Roster of Members of the' Select Committee t. INTRODUCTION A. Bdckground ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• f •••••••••• , ••••••••••••• 1 B. .Methodology ..................... , ................... , ........................................•.. 1 C. Interim Report .......... !! ••••••••••••••••••••••••••• , •••••• II ................................................. .. 3 DC" Second Year ..... "' ... ".................. · ............ 11 ........................................... 6 II. RECOMMENDED STE'PS FOR AN IMpROVED MINNESOTA :STATE COURT SYSTEM A. Step One: Removal of Impediments to Manageable Structure ....... 6 B. Step Two: Independent StateWide Financing ................................. 8' C. Step Three: Effective Admi(listrative Organization .......... :'.~ .......... 9 III. FISCAL IMPACT OF RECOMMENDATIONS ............................................ .. 17 APPENDICES A. Revised Select Committee Bill ... ~ .. .................. "' ........................ 19 B. Consultant Report on Administrative Structure: Emphasis on the Office of State Court Administrator .................. ;,............................................ 28 C. Consultant Report on Administrative Structure: Emphasis on the Office of Dis~rict Administrator ..................... Il........................................ 42 D. Consultant Report on Administrative Structure: Emphasis on the Role of Chief Judge of the District ............................................................ ~........ 47 E. Elaboration on Fiscal .Impact of Recomme'ndations.................. 52 F. Bibliography .... _............... , .. ,. ........................ ,........................... 58 G. list of Individuc:ds Presenting Testimony.................................. 62 H. Comments ... ", ... ~ ... , ..~~ .................. ., ........................... '................... 64 - Comment of the Hon. Lawrence R. Yetka - Comment of the Hon. Charles E. Cashman - Comment of the Hons. Harvey A. Holtan and Bruce C. Stone ,/1 - Comment of the Hon. Charles C. Johnson - Comment of the Hon. James H. Johnston --- ---------------------------------~--------------- ':.: MEMBERS OF THE SELECT COMMITTEE ON THE JUDICIAL SYSTEM YE'fKA, LAWRENCE R. (Chairman) HOLTAN, HARVEY A, Associate Justirce, Supreme Court Judge of the District CourF Sl. Paul, Minnesota Fifth Judicial District Windom, ,Minnesota ANDERSEN"ELMER L. ,li'ormer Governor JOHNSON, CHARLES C. St. Paul, Minnesota Judge of the County Court Blue Earth County CASHMAN 1 CHARLES E. Mankato, Minnesota Judge of the County Court Steele County JOHNSON, ROBERT W." Owatonna, Minnesota Representative, Minnesota County Attorneys' Council CONLIN, THOMAS M. Anoka, Minneso~a Attorney at Law st. Paul, Minnesota JOHNSTON, JAMES H. Judge of the Municipal Court COOPER, WILLIAM J. Hennepin County PresIdent, Minnesota Citizens for Minneapolis, Minnesota Court Reform Mmneapolis, Minnesota () JONES, C. PAUL State Public Defender GR.OSS, MRS. PEGGY Mmneapolis! Minnesota Member, Board of Directors, League of Women Voters KALITOWSKI, THOMAS .... St. Paul, Minnesota· Assistant Commissioner, Minnesota Department of HALVERSON, GENE W. Agricul ture Past-president and Representative St. Paul, Minnesota .
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