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Minnesota Fifth Judicial District

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The Minnesota Fifth Judicial District resides in Minnesota. Click on the links below to learn more about the court's...

Jurisdiction

This court holds the following jurisdiction:[1]

484.01 JURISDICTION.

Subdivision 1. General.

The district courts shall have original jurisdiction in the following cases:

  1. all civil actions within their respective districts;
  2. in all cases of crime committed or triable therein;
  3. in all special proceedings not exclusively cognizable by some other court or tribunal;
  4. in law and equity for the administration of estates of deceased persons and all guardianship and incompetency proceedings;
  5. the jurisdiction of a juvenile court as provided in chapter 260;
  6. proceedings for the management of the property of persons who have disappeared, and actions relating thereto, as provided in chapter 578; and
  7. in all other cases wherein such jurisdiction is especially conferred upon them by law.

They shall also have appellate jurisdiction in every case in which an appeal thereto is allowed by law from any other court, officer, or body.


§ Subd. 2. Civil service reviews.

Notwithstanding any law to the contrary, the district court has jurisdiction to review a final decision or order of a civil service commission or board upon the petition of an employee or appointing authority in any first-class city. The employee and appointing authority have standing to seek judicial review in all these cases. Review of the decision or order may be had by securing issuance of a writ of certiorari within 60 days after the date of mailing notice of the decision to the party applying for the writ. To the extent possible, the provisions of rules 110, 111, and 115 of the Rules of Civil Appellate Procedure govern the procedures to be followed. Each reference in those rules to the court of appeals, the trial court, the trial court administrator, and the notice of appeal must be read, where appropriate, as a reference to the district court, the body whose decision is to be reviewed, to the administrator, clerk, or secretary of that body, and to the writ of certiorari, respectively. This subdivision does not alter or amend the application of sections 197.455 and 197.46, relating to veterans preference.[2]

Selection method

See also: Judicial selection in the states
See also: Nonpartisan election of judges

Judges of the Minnesota District Courts are all chosen in nonpartisan elections to serve six-year terms. Candidates compete in primaries, from which the top two contestants advance to the general election. Sitting judges must run for re-election if they wish to serve additional terms. While party affiliation is not designated on the ballot, incumbency is. Sitting judges who reach the age of 70 while in office are allowed to serve until the last day of their birthday month.[3]

The chief judge of each district court is selected by peer vote for a two-year term.[3]

Judges of all courts are required to be "learned in the law" and under 70 years old.[3][4]

Judicial elections in Minnesota

See also: Minnesota judicial elections

Minnesota is one of 12 states that uses nonpartisan elections to select judges and does not use retention elections for subsequent terms. To read more about how states use judicial elections to select judges across the country, click here.

Primary election

In the nonpartisan primary, the two candidates (for each seat) who receive the greatest number of votes advance to the general election. If no more than two candidates filed to run for each seat, their names do not appear on the primary ballot, but they advance directly to the general election.[5]

Filing period

The filing period for offices contested in the November general election lasts for two weeks from the end of May until the beginning of June. Candidates file with either the county auditor of the county in which they reside or the Office of the Minnesota Secretary of State. Candidates must either pay a filing fee or submit a petition in place of the fee.[6]

See also



External links

Footnotes