Minnesotans for Impartial Courts

Performance Evaluations and Retention Elections

There is a better system for deciding which judges should remain in office – a system that preserves the right of the public to decide, while encouraging campaigns that focus on the qualifications and performance of our judges.  This system is called retention elections, currently used in 20 states, during which voters make a simple decision to keep or remove a judge.

Proposed Legislation

A bill for an act proposing an amendment to the Minnesota Constitution establishing retention elections for judges and creating a judicial performance commission.

SF70
https://www.revisor.mn.gov/bin/bldbill.php?bill=S0070.2.html&session=ls86
HF 224
https://www.revisor.mn.gov/bin/bldbill.php?bill=H0224.0.html&session=ls86

Retention Elections

1. The judge’s initial term shall expire at the next general election held three years after appointment. (Present constitution language states more than one year.)

2. Subsequent terms shall be eight years.

3. A judge seeking to retain judicial office files an affidavit of candidacy with the secretary of state.

4. If a majority of those voting on the retention of a judge vote “Yes” the judge shall remain in office. If a majority of those voting on the question vote”No”, a vacancy shall exist at the end of the judge’s term.

Public Performance Evaluations

1.The performance review process must be designed to assist voters in evaluating judges standing for retention, facilitate self-improvement of all judges, and promote the public accountability of all the judiciary.

2. The Judicial Performance Commission shall be composed of 24 members.

3. Members of the commission shall represent the diversity of the state’s population

4. The commission shall be geographically balanced, with individuals of outstanding competence and reputation.

5. Members shall perform their duties in an impartial and objective manner and can be removed for cause.

6. The commission shall develop written standards that are periodically updated. The standards must include knowledge of the law, procedure, integrity, impartiality, temperament, respect for litigants, respect for the rule of law, administrative skill, punctuality, and communication skills.
The evaluation of the judge’s performance shall be made midway through the judge’s term to provide feedback, and again in the year of the retention election.  Results of the final evaluation shall be made public at least one month before the time for filing as a candidate.