Rep. Mary KiffMeyer & MN GOP Judiciary Committee Submit Judicial Reform Bill 015

Rep. Mary KiffMeyer and MN GOP Judiciary Committee Submit Judicial Reform Bill 015 to MN Revisor

This past week Rep. Mary KiffMeyer & MN GOP Judiciary Committee Submit Judicial Reform Bill 016 to the Minnesota Revisors office. The revisors office returned the following document.

Several other groups including TEA Party TAR, MN Northstar TEA Party Patriots and Justice in Minnesota are also seeking sponsors for various bills to bring Transparency, Accountability and Reform to the Minnesota Judiciary.

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1.1 A bill for an act
1.2 relating to courts; establishing a judicial code of ethics; amending Minnesota
1.3 Statutes 2010, section 43A.39, subdivisions 1, 2; proposing coding for new law
1.4 in Minnesota Statutes, chapter 480.
1.5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 43A.39, subdivision 1, is amended to read:
1.7 Subdivision 1. Prohibited acts; penalties. All employees shall comply with and aid
1.8 in all proper ways the enforcement of the provisions of this chapter. No employee or any
1.9 other person shall intentionally:
1.10 (a) Make any false oral or written statement, mark, rating or report concerning any
1.11 application, selection process, or appointment made under provisions of this chapter or in
1.12 any manner commit or attempt to commit any fraud preventing the impartial execution
1.13 of this chapter;
1.14 (b) Directly or indirectly, give, render, pay, offer, solicit, or accept any money, service
1.15 or other valuable consideration for any appointment, proposed appointment, promotion or
1.16 proposed promotion to, or any advantage in obtaining, a position in the civil service;
1.17 (c) Defeat, deceive, or obstruct any person in exercising rights under this chapter, or
1.18 furnish to any person any special or secret information for the purpose of affecting the
1.19 rights or prospects of any person with respect to appointment, advancement or retention
1.20 in the classified service;
1.21 (d) Violate the provisions of section 43A.37 or, 43A.38, or 480.115; or
1.22 (e) If in the classified service, engage in activities prohibited by section 43A.32.
1.23 Sec. 2. Minnesota Statutes 2010, section 43A.39, subdivision 2, is amended to read:
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2.1 Subd. 2. Noncompliance. Any employee who intentionally fails to comply with
2.2 the provisions of chapter 43A or section 480.115 shall be subject to disciplinary action
2.3 and action pursuant to chapter 609. An appointing authority shall report in writing to the
2.4 legislative auditor when there is probable cause to believe that a substantial violation has
2.5 occurred. Any person convicted of a crime based on violations of this chapter shall be
2.6 ineligible for appointment in the civil service for three years following conviction.
2.7 Sec. 3. [480.115] CODE OF ETHICS FOR EMPLOYEES IN THE JUDICIAL
2.8 BRANCH.
2.9 Subdivision 1. Definitions. For the purposes of this section, the following
2.10 definitions shall apply.
2.11 (a) "Business" means any corporation, partnership, proprietorship, firm, enterprise,
2.12 franchise, association, organization, self-employed individual or any other legal entity
2.13 which engages in nonprofit or profit making activities.
2.14 (b) "Confidential information" means any information obtained under government
2.15 authority which has not become part of the body of public information and which, if
2.16 released prematurely or in nonsummary form, may provide unfair economic advantage or
2.17 adversely affect the competitive position of an individual or a business.
2.18 (c) "Personal relationship" means a relationship by blood, marriage, or association
2.19 such as membership or participation in a common organization, or having an association
2.20 while attending a college or postgraduate school, or sharing a residence, or working at the
2.21 same time for the same employer, or having a personal friendship at any time, or otherwise
2.22 appearing to have had such a relationship.
2.23 (d) "Private interest" means any interest, including but not limited to a financial
2.24 interest, which pertains to a person or business whereby the person's business would gain a
2.25 benefit, privilege, exemption, or advantage from the action of a state agency or employee
2.26 that is not available to the general public.
2.27 Subd. 2. Acceptance of gifts; favors; from other lawyers, law firms, and
2.28 employees of law firms. Justices of the Supreme Court, judges of the Court of Appeals,
2.29 state district court judges, and judicial branch employees, who are hereinafter referred to
2.30 collectively as employees of the judicial branch, shall not directly or indirectly receive
2.31 or agree to receive any payment of expense, compensation, gift, reward, gratuity, favor,
2.32 service, or promise of future employment or other future benefit from any source, except
2.33 the state, for any activity related to the duties of the employee unless otherwise provided
2.34 by law. However, the acceptance of any of the following from other than a lawyer, law
2.35 firm, or employee of a lawyer or law firm is not a violation of this subdivision:
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(1) gifts of nominal value or gifts or textbooks which may 3.1 be accepted pursuant to
3.2 section 15.43;
3.3 (2) plaques or similar mementos recognizing individual services in a field of
3.4 specialty or to a charitable cause;
3.5 (3) payment of reimbursement expenses for travel or meals, not to exceed actual
3.6 expenses incurred, which are not reimbursed by the state and which have been approved
3.7 in advance by the Judicial Council;
3.8 (4) honoraria or expenses paid for papers, talks, demonstrations, or appearances
3.9 made by employees on their own time for which they are not compensated by the state,
3.10 provided that the honoraria or expense is reasonable in amount;
3.11 (5) tips received by employees engaged in food service; or
3.12 (6) a contribution to an election campaign in an election year of no more than $500
3.13 as authorized by law.
3.14 Subd. 3. Use of confidential information. An employee in the judicial branch shall
3.15 not use confidential information to further the employee's private interest, and shall not
3.16 accept outside employment or involvement in a business or activity that will require the
3.17 employee to disclose or use confidential information.
3.18 Subd. 4. Use of state property. (a) An employee shall not use state time, supplies,
3.19 or state-owned or leased property and equipment for the employee's private interests or
3.20 any other use not in the interest of the state, except as provided by law.
3.21 (b) An employee may use state time, property, or equipment to communicate
3.22 electronically with other persons including, but not limited to, elected officials, the
3.23 employer, or an exclusive bargaining representative under chapter 179A, provided this
3.24 use, including the value of the time spent, results in no incremental cost to the state or
3.25 results in an incremental costs that is so small as to make accounting for it unreasonable or
3.26 administratively impracticable.
3.27 (c) The Chief Justice of the Supreme Court of Minnesota shall issue a statewide
3.28 policy on the use of electronic mail and other forms of electronic communications by
3.29 judges. The policy is not subject to the provisions of chapter 14 or 179A. The Office
3.30 of Court Administrator shall issue policies on these issues for other employees of the
3.31 judicial branch. The policies shall permit employees to make reasonable use of state time,
3.32 property, and equipment for personal communication and shall address issues of privacy,
3.33 content of communications, and the definition of reasonable use, as well as other issues
3.34 the chief justice and the Office of Court Administrator identify as necessary and relevant.
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Subd. 5. Conflicts of interest. The following actions by an employee 4.1 in the judicial
4.2 branch shall be deemed a conflict of interest and subject to procedures regarding resolution
4.3 of the conflicts, section 43A.39, or disciplinary action as appropriate:
4.4 (1) use or attempted use of the employee's official position to secure benefits,
4.5 privileges, exemptions, or advantages for the employee or the employee's immediate
4.6 family or an organization with which the employee is associated which are different
4.7 from those available to the general public;
4.8 (2) acceptance of other forms of employment or contractual relationships that will
4.9 affect the employee's independence of judgment in the exercise of official duties;
4.10 (3) actions as an agent attorney in any action or matter pending before the employing
4.11 agency except in the proper discharge of official duties;
4.12 (4) the solicitation of a financial agreement for the employee or entity other than
4.13 the state when the state is currently engaged in the provision of the services which are
4.14 the subject of the agreement or where the state has expressed an intention to engage in
4.15 competition for the provision of the services, unless the chief justice or the Office of
4.16 Court Administrator waives this clause; and
4.17 (5) participation in a judicial proceeding as a judge, referee, mediator, or arbitrator if
4.18 there has been or is a personal relationship as defined in subdivision 1 herein between the
4.19 participant and a party or lawyer who appears in the proceeding.
4.20 Subd. 6. Determination of conflicts of interest. When an employee believes the
4.21 potential for a conflict of interest exists, it is the employee's duty to avoid the situation.
4.22 A conflict of interest shall be deemed to exist when a review of the situation by the
4.23 employee, the Office of Court Administrator, or the chief justice determines any one
4.24 of the following conditions to be present:
4.25 (1) the use for private gain or advantage of state time, facilities, equipment or
4.26 supplies, or badge, uniform, prestige, or influence of state office or employment;
4.27 (2) receipt or acceptance by the employee of any money or other thing of value from
4.28 anyone other than the state for the performance of an act which the employee would be
4.29 required or expected to perform in the regular course of hours of state employment or as
4.30 part of the duties as an employee;
4.31 (3) employment by a business which is subject to the direct or indirect control,
4.32 inspection, review, audit, or enforcement by the employee; or
4.33 (4) the performance of an act in other than the employee's official capacity which
4.34 may later be subject directly or indirectly to the control, inspection, review, audit, or
4.35 enforcement by the employee.
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Subd. 7. Resolution of conflict of interest. If an employee 5.1 of the judicial branch,
5.2 the Office of Court Administrator, or chief justice determines that a conflict of interest
5.3 exists, the matter shall be assigned to another employee who does not have a conflict of
5.4 interest. If it is not possible to assign the matter to an employee who does not have a
5.5 conflict of interest, interested persons shall be notified of the conflict and the employee
5.6 may proceed with the assignment.
5.7 Subd. 8. Judge organizations; attorneys. It is a conflict of interest for a judge
5.8 or judicial official to reside over, or be involved inn a proceeding if the judge belongs
5.9 to or participates in any organization, association, or group that retains a law firm or
5.10 lawyer to represent, lobby for, or provide services to the organization and the law firm
5.11 or lawyer for the organization represents one of the parties to the proceeding or appears
5.12 in the proceeding.
5.13 Subd. 9. Precedence of chapter 10A. Where specific provisions of chapter 10A
5.14 apply to employees and would conflict with this section, the provisions of chapter 10A
5.15 shall apply.
5.16 Subd. 10. Limits. This section shall not be interpreted to apply to any activity
5.17 which is protected by sections 179A.01 to 179A.25 and collective bargaining agreements
5.18 and practices thereunder, nor to prevent a current or former employee from accepting
5.19 employment with a labor or employee organization representing employees.
Sec. 3. 5