Saturday, April 24, 2010


Suing To Elect A Supreme Court Justice

In Minnesota Supreme Court Justices are supposed to be elected. However, Minnesota's Chief Justice hasn't been election in the last 10 years. That's because of the timing of the resignations of the last three Chief Justices. Governor Tim Pawlenty has appointed each of them and each of them resigned before they faced election.

There is a court challenge to allowing the Governor to appoint a new Chief Justice in the wake of Chief Justice Eric Magnuson's resignation effective in June. The suit asks for voter intervention. The Minnesota Supreme Court heard oral arguments in the case, but Governor Tim Pawlenty's appointees on the court recused themselves from hearing the case.

Sat. 24Apr.10

Affidavit of Sharon Scarrella Anderson Opposition to HF224_HF3643_Simon SF70_SF 3152_Rest re: Retention of Judges, Merit.

Tim Kinley MONDAY, April 26, 2010 9:30 AM Room: 10 State Office Building Chair: Rep. Joe Mullery Agenda: HF224 (Simon) Retention elections for judges established, judicial performance commission created, and constitutional amendment proposed.

Thu at 3:26pm · ·

Tim Kinley
Please contact house committee members to ask them to vote no! Are liberties and freedom to vote are at stake.

" Power to elect resides in the People" Clark v. Pawlenty

Voting Rights Act - Wikipedia, the free encyclopedia
The National Voting Rights Act of 1965 (42 U.S.C. § 1973–1973aa-6) outlawed discriminatory voting practices that had been responsible for the widespread ... - Cached - Similar

Sharons Testimony to the MN Legislature: Systemic Abuse by Governor Tim Pawlenty in Judicial Appointments to Deny the Citizens their Right to Vote for and Hold Judicial Office: in a "Patterened" since the Blatz Resignation.

a. Filings for Office of Chief Justice MN are May 18th and that Office be on the Ballot in the 2010 Elections

Sharons Standing In re: Scarrella for Associate Justice 221NW2nd562 Denied by Judicial Anachary as "Learned in the Law" has never been defined to mean Licensed Lawyer.

Further Separation of Powers Doctrine, the Franchise of Lawyers in all 3 Branch's is contrary to Minn. Const. Art. III.
Minnesota Constitution: Article III

Minnesota State Constitution Image Map Navigation Banner. ARTICLE III DISTRIBUTION OF THE POWERS OF GOVERNMENT. Section 1. DIVISION OF POWERS. ... - Cached

MN Constitution:
Sec. 7. Term of office; election. The term of office of all judges shall be six years and until their successors are qualified. They shall be elected by the voters from the area which they are to serve in the manner provided by law.

Sec. 8. Vacancy. Whenever there is a vacancy in the office of judge the governor shall appoint in the manner provided by law a qualified person to fill the vacancy until a successor is elected and qualified. The successor shall be elected for a six year term at the next general election occurring more than one year after the appointment.


Suing To Elect A Supreme Court Justice

In Minnesota Supreme Court Justices are supposed to be elected. However, Minnesota's Chief Justice hasn't been election in the last 10 years....
Full Story

KEY: stricken = removed, old language. underscored = added, new language.
Authors and Status List versions

S.F. No. 70, 2nd Engrossment - 86th Legislative Session (2009-2010) Posted on Mar 19, 2009

1.1A bill for an act
1.2relating to judicial selection; proposing an amendment to the Minnesota
1.3Constitution, article VI, sections 7 and 8; establishing retention elections for
1.4judges; creating a judicial performance commission;amending Minnesota
1.5Statutes 2008, sections 10A.01, subdivisions 7, 10, 15; 13.90, subdivision
1.62; 204B.06, subdivision 6; 204B.34, subdivision 3; 204B.36, subdivision 4;
1.7proposing coding for new law in Minnesota Statutes, chapters 204D; 480B;
1.8repealing Minnesota Statutes 2008, sections 204B.36, subdivision 5; 204D.14,

Senate Authors Rest ; Betzold ; Moua ; Pariseau

Short Description Constitutional amendment for judges retention elections

Long Description
Committee Hearings and Actions
Senate Counsel & Research Summary

SENATE Actions HOUSE Actions Top

Date ↓ Action Description / Committee Text Page Roll Call
01/12/2009 Introduction and first reading Intro 62
01/12/2009 Referred to Judiciary
03/05/2009 Comm report: To pass as amended and re-refer to State and Local Government Operations and Oversight 1 414a
03/19/2009 Comm report: To pass as amended and re-refer to Rules and Administration 2 830a
03/11/2010 Comm report: To pass and re-referred to Finance 7532
04/08/2010 Comm report: To pass as amended and re-refer to Rules and Administration 3 9323a
04/19/2010 Author stricken Senjem 9636

HOUSE Actions SENATE Actions Top
1.9subdivision 3.
1.10BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:Legislature Home PageAdvanced Search Page LinkHelp Page LinkLinks to the WorldHouse of RepresentativesSenate LinkLegislation and Bill Status Laws, Statutes, and RulesJoint Departments and Commissions

House Senate Joint Departments and Commissions Bill Search and Status Statutes, Laws, and Rules

HF0224 Status in House for Legislative Session 86

Bill Name: HF0224
Bill Text
Companion: SF0070
Companion Text
Companion Status
Senate Search
Revisor Number: 09-0797

House Authors Simon ; Winkler ; Hortman ; Gottwalt ; Morgan ; Kahn ; Sterner ; Scalze ; Morrow ; Rosenthal ; Newton

Short Description Retention elections for judges established, judicial performance commission created, and constitutional amendment proposed.

Long Description
Further Committee Actions
House Research Summary

HOUSE Actions SENATE Actions Top

Date ↓ Action Description / Committee Text Page Roll Call
01/22/2009 Introduction and first reading, referred to State and Local Government Operations Reform, Technology and Elections Intro 94
01/26/2009 Author added Morgan 124
02/12/2009 Author added Kahn 322
02/11/2010 Author added Sterner 7675
02/12/2010 Author added Scalze 7726
03/01/2010 Author added Morrow 8056
03/08/2010 Committee report, to pass as amended and re-refer to Civil Justice 8168a
03/08/2010 Author added Rosenthal 8336
03/09/2010 Author stricken Gunther 8429
04/06/2010 Author added Newton 9795

SENATE Actions HOUSE Actions Top


Retention / Election Bill

SF 70 - Senator Ann Rest / HF 224 - Representative Steve Simon

This bill proposes an amendment to the Minnesota Constitution to change the process for the selection of state court judges. The bill would amend the Constitution and relevant statutes to require that judges who have been initially appointed by the Governor stand for a retention election at the next regularly scheduled general election held more than three years after the appointment of the judge. If the majority of voters vote "no," the office would be declared vacant and the Governor would appoint a new individual to fill the vacancy, as provided under current law. If the voters decide to retain the judge, the judge would serve an eight-year term. (Overview provided by Senate Counsel.)

Click here to read the bill text.

Merit Selection Bill

SF 3152 Senator Ann Rest - HF 3643 Representative Steve Simon

This bill requires merit selection for all justices and judges, and modifies requirements related to the Commission on Judicial Selection.

Click here to read the bill text.

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SharonAnderson 1994 IR Nominee

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