Gavel to Gavel reports:

A century old law to require Minnesota judges render their decisions within 90 days or forfeit their pay looks to be on its way towards repeal. The Senate Judiciary Committee on March 28 approved SB 2718, a bill that would eliminate the 90-days-or-no-pay statute that had been around since at least 1905 (prior discussion here). Testimony (2:45:00) was heard that the provision had never been used in 45 years.

SB 2718, as amended, keeps the 90 days for a disposition language, but provides that the judiciary’s Board of Judicial Standards is to adopt rules for compliance. In the event that the Board of Judicial Standards fails to do so, the bill lays out an enforcement mechanism. That mechanism, again if the Board doesn’t adopt an alternative, would be:

• The Board of Judicial Standards and the chief justices of the judicial districts would review judge’s compliance monthly, not at least annually
• A first infraction would result in notification to the chief judge of the judicial district
• A second infraction within 5 years would result in the chief judge and the judge who committed the infraction developing a written plan with the judge to remedy the current non-compliance and avoid future ones. A failure to comply with the plan would be sent to the Board by the chief judge.
• A third infraction within 5 years of the first would result in the Board taking immediate action without referral to the chief judge (the chief judge would be notified).
• Nothing in this would preclude the chief judge to take appropriate action under the Code of Judicial Conduct.
• Should the Board receive a complaint alleging a serious violation of the time standard, the statute would not limit the Board’s ability to act on it.

Meanwhile a similar House bill HB 2687 was approved by the House Judiciary Committee on March 11 and the House Civil Law Committee on March 19.