Ensuring Quality and Impartiality

Ensuring Quality and Impartiality

Merit Selection (PDF)

Merit Selection: Ensuring Quality and Impartiality
What is judicial merit selection?
The merit selection process was created for the purpose of impartially soliciting judicial candidates, evaluating applicants, and recommending nominees to the governor for appointment, guaranteeing that no special interest can “buy” a seat on the bench.
Does Minnesota have a judicial merit selection process?
Yes.  The Minnesota constitution provides a system of elections and appointments.  The framers chose a system of governor’s appointment rather than special elections to fill vacant judicial posts.  Currently, more than 90% of judges are appointed by the governor before facing election.  The current process for evaluating candidates for appointment has been in place for nearly 30 years.
In 1990, the idea of a commission to assist the governor in judicial appointments was formalized.  The Minnesota Legislature enacted Minnesota Statutes Section 480B, establishing the Commission on Judicial Selection (also known as the “Merit Selection Commission”), which is in place today.
How would the Impartial Justice Act change judicial merit selection in Minnesota?
The Impartial Justice Act does not substantively change merit selection is.  However, the Act requires governors to use the merit selection process and extends the process to all levels of the court system – district court, appellate court, and Supreme Court.  These changes will help further limit political and outside influences in the selection process and will ensure we have qualified judges at all levels of the courts.
How does the current commission work?
If a judicial vacancy exists at the district court level, the commission screens applicants for the vacant judicial post and submits 3 to 5 nominees to the governor.  When the commission screens applicants, it looks at “integrity, maturity, health if job related, judicial temperament, diligence, legal knowledge, ability and experience, and community service.”  The commission also receives public input during the process.
If the governor is not satisfied with the nominees presented by the commission, the governor may request a second set of nominees.  Currently, judicial merit selection only applies when a district court judge dies, resigns, or is removed during the judge’s term of office.
Although the governor may appoint any person qualified to serve as judge, they have “nearly without exception chosen a finalist named by the Commission.”   If fewer than 60 days remain in a judge’s term who has not been reelected, the governor may fill the judicial office without waiting for a list of nominees from the commission.
Does judicial merit selection exist for the all levels of the court system?
A formal merit selection process currently does not exist for the court of appeals or the Supreme Court.  However, “recent governors have formed Commission-like committees to screen candidates for the court of appeals and Supreme Court.”
How many members are on the merit selection commission?
The commission has 49 members.  The governor appoints 27 and the Supreme Court appoints 22.
How is the merit selection commission composed?
The commission is made up of 9 at-large members and 4 members from each judicial district.  There are 10 judicial districts in Minnesota, resulting in 49 members on the commission.  At any one time, 13 members may be participating in meetings and deliberations for a judicial applicant.
The commission is composed as follows:
o The governor appoints 7 at-large members who serve at the pleasure of the governor.  The governor appoints 1 to serve as the chair.  The chairperson may, but is not required to be an attorney.  Only 4 of the remaining 6 members may be attorneys.
o The Supreme Court appoints 2 at-large members to serve four-year terms running with the governor’s terms.  Only 1 of the 2 members may be an attorney.
o The governor appoints 2 district members in each judicial district who serve at the pleasure of the governor.  Only 1 of the 2 members may be an attorney.
o The Supreme Court appoints 2 district members in each judicial district who serve four-year terms running with the governor’s terms.  Only 1 of the 2 members may be an attorney.
What is the timeline for a judge under the Impartial Justice Act?
o A judge is appointed by the governor through a list of nominees presented by the Merit Selection Commission.
o The judge must stand for retention in the next regularly scheduled election cycle more than 1 year after appointment.
o If the judge is retained (i.e. receives more than a 50% “yes” vote), then the judge serves a complete term.
o Midway through the judge’s term, the judge is privately evaluated by the Judicial Performance Evaluation Commission to improve or maintain their job performance.
o In the final year of the judge’s term, the Judicial Performance Evaluation Commission conducts a full-scale public review of a judge and makes the results publicly available to the electorate.
o Finally, at the end of the judge’s term, the judge must stand for a retention election.

Merit Selection: Ensuring Quality and Impartiality

What is judicial merit selection?

The merit selection process was created for the purpose of impartially soliciting judicial candidates, evaluating applicants, and recommending nominees to the governor for appointment, guaranteeing that no special interest can “buy” a seat on the bench.

Does Minnesota have a judicial merit selection process?

Yes.  The Minnesota constitution provides a system of elections and appointments.  The framers chose a system of governor’s appointment rather than special elections to fill vacant judicial posts.  Currently, more than 90% of judges are appointed by the governor before facing election.  The current process for evaluating candidates for appointment has been in place for nearly 30 years.

In 1990, the idea of a commission to assist the governor in judicial appointments was formalized.  The Minnesota Legislature enacted Minnesota Statutes Section 480B, establishing the Commission on Judicial Selection (also known as the “Merit Selection Commission”), which is in place today.

How would the Impartial Justice Act change judicial merit selection in Minnesota?

The Impartial Justice Act does not substantively change merit selection is.  However, the Act requires governors to use the merit selection process and extends the process to all levels of the court system – district court, appellate court, and Supreme Court.  These changes will help further limit political and outside influences in the selection process and will ensure we have qualified judges at all levels of the courts.

How does the current commission work?

If a judicial vacancy exists at the district court level, the commission screens applicants for the vacant judicial post and submits 3 to 5 nominees to the governor.  When the commission screens applicants, it looks at “integrity, maturity, health if job related, judicial temperament, diligence, legal knowledge, ability and experience, and community service.”  The commission also receives public input during the process.

If the governor is not satisfied with the nominees presented by the commission, the governor may request a second set of nominees.  Currently, judicial merit selection only applies when a district court judge dies, resigns, or is removed during the judge’s term of office.

Although the governor may appoint any person qualified to serve as judge, they have “nearly without exception chosen a finalist named by the Commission.”   If fewer than 60 days remain in a judge’s term who has not been reelected, the governor may fill the judicial office without waiting for a list of nominees from the commission.

Does judicial merit selection exist for the all levels of the court system?

A formal merit selection process currently does not exist for the court of appeals or the Supreme Court.  However, “recent governors have formed Commission-like committees to screen candidates for the court of appeals and Supreme Court.”

How many members are on the merit selection commission?

The commission has 49 members.  The governor appoints 27 and the Supreme Court appoints 22.

How is the merit selection commission composed?

The commission is made up of 9 at-large members and 4 members from each judicial district.  There are 10 judicial districts in Minnesota, resulting in 49 members on the commission.  At any one time, 13 members may be participating in meetings and deliberations for a judicial applicant.

The commission is composed as follows:

o The governor appoints 7 at-large members who serve at the pleasure of the governor.  The governor appoints 1 to serve as the chair.  The chairperson may, but is not required to be an attorney.  Only 4 of the remaining 6 members may be attorneys.

o The Supreme Court appoints 2 at-large members to serve four-year terms running with the governor’s terms.  Only 1 of the 2 members may be an attorney.

o The governor appoints 2 district members in each judicial district who serve at the pleasure of the governor.  Only 1 of the 2 members may be an attorney.

o The Supreme Court appoints 2 district members in each judicial district who serve four-year terms running with the governor’s terms.  Only 1 of the 2 members may be an attorney.

What is the timeline for a judge under the Impartial Justice Act?

o A judge is appointed by the governor through a list of nominees presented by the Merit Selection Commission.

o The judge must stand for retention in the next regularly scheduled election cycle more than 1 year after appointment.

o If the judge is retained (i.e. receives more than a 50% “yes” vote), then the judge serves a complete term.

o Midway through the judge’s term, the judge is privately evaluated by the Judicial Performance Evaluation Commission to improve or maintain their job performance.

o In the final year of the judge’s term, the Judicial Performance Evaluation Commission conducts a full-scale public review of a judge and makes the results publicly available to the electorate.

o Finally, at the end of the judge’s term, the judge must stand for a retention election.