Overview
Mission
The Board on Judicial Standards is an independent state agency that receives and acts upon complaints that Minnesota judges have engaged in misconduct. The Board also handles judicial disability matters. In addition, the Board issues advisory opinions and seeks to educate judges and others about judicial ethics.
The Supreme Court has removed, involuntarily retired, and censured a number of judges based on the Board's recommendation. Many more have been privately disciplined by the Board. See Discipline.
Authorization
Minnesota Constitution, Article 6, Section 9, authorizes the Legislature to “provide for the retirement, removal, or other discipline of any judge who is disabled, incompetent, or guilty of conduct prejudicial to the administration of justice.” The Legislature authorized the court to discipline a judge for “incompetence in performing the judge’s duties, habitual intemperance, or conduct prejudicial to the administration of justice that brings the judicial office into disrepute.”
The 1971 Legislature created the Board on Judicial Standards to assist in this task and authorized the Supreme Court to make rules to implement judicial discipline. See Minn. Stat. §§ 490A.01, 490A.02.
Composition
The Board has ten members: one judge of the Court of Appeals, three trial judges, two lawyers who have practiced law in the state for at least tenyears, and four citizens who are not judges, retired judges, or lawyers. All members are appointed by the Governor and, except for the judges, require confirmation by the Senate. Members' terms are for four years and may be extended for an additional four years.