1997 Minnesota Code
Chapters 480 - 494 Judiciary
Chapter 490 Judges Retirement, Judicial Standards
Section 490.16 Powers.

490.16 Powers.

Subdivision 1. A judge is disqualified from acting as a judge, without loss of salary, while there is pending an indictment or any information charging the judge with a crime punishable as a felony under Minnesota or federal law, or a recommendation to the supreme court by the board on judicial standards for the judge's removal or retirement.

Subd. 2. On recommendation of the board on judicial standards or on its own motion, the supreme court may suspend a judge from office without salary when the judge pleads guilty or no contest or is found guilty of a crime punishable as a felony under Minnesota or federal law or any other crime that involves moral turpitude. If the conviction is reversed, suspension terminates and the judge shall be paid a salary for the period of suspension. If the judge is suspended and the conviction becomes final, the supreme court shall remove the judge from office.

Subd. 3. On recommendation of the board on judicial standards, the supreme court may retire a judge for disability that seriously interferes with the performance of duties and is or is likely to become permanent, and censure or remove a judge for action or inaction that may constitute persistent failure to perform duties, incompetence in performing duties, habitual intemperance or conduct prejudicial to the administration of justice that brings the judicial office into disrepute.

The board is specifically empowered to reopen any matter wherein any information or evidence was previously precluded by a statute of limitations or by a previously existing provision of time limitation.

Subd. 4. A judge retired by the supreme court shall be considered to have retired voluntarily. A judge removed by the supreme court is ineligible for judicial office and the question of the removed judge's right to practice law in this state shall be referred to the proper authority for review.

Subd. 5. The supreme court shall make rules to implement this section.

Subd. 6. This section and section 490.15, shall not affect the right of a judge who is suspended, retired or removed hereunder from qualifying for any pension or other retirement benefits to which the judge would otherwise be entitled by law.

HIST: 1971 c 909 s 2; 1975 c 271 s 6; 1976 c 239 s 122; 1978 c 475 s 1; 1978 c 713 s 2; 1986 c 444