The Judicial Emporer's Newest Clothes
Okay, since when does the Minnesota Supreme Court's rulemaking power override statutes?
I know that it is a picayune matter, only of interest to courthouse hacks, but the Minnesota Legislature gave the power to set the rates that are charged for copies of court transcripts to local Chief Judges. You know, long live local control....
Yet, because the Minnesota Supreme Court did not like that statute, for whatever reason, the latest amendments to the General Rules of Practice informs lawyers that the Minnesota Supreme Court has disbanded the statute in favor of more centralized rate-making power.
The Court declares: "The maximum rate charged for the transcription of any proceeding shall be established, until July 1, 2005, by the Conference of Chief Judges, and thereafter by the Judicial Council. Minnesota Statutes ยง 486.06 (2002) is superseded to the extent that it conflicts with this procedure." See, this link:
Superseded, huh? Well, that's interesting.
I have been paging through my copy of the Minnesota Constitution, but I can't find any place where it gives the 7 member court the power to supersede statutes and put in substitute text.
Can anyone help me find that section?
I know that it is a picayune matter, only of interest to courthouse hacks, but the Minnesota Legislature gave the power to set the rates that are charged for copies of court transcripts to local Chief Judges. You know, long live local control....
Yet, because the Minnesota Supreme Court did not like that statute, for whatever reason, the latest amendments to the General Rules of Practice informs lawyers that the Minnesota Supreme Court has disbanded the statute in favor of more centralized rate-making power.
The Court declares: "The maximum rate charged for the transcription of any proceeding shall be established, until July 1, 2005, by the Conference of Chief Judges, and thereafter by the Judicial Council. Minnesota Statutes ยง 486.06 (2002) is superseded to the extent that it conflicts with this procedure." See, this link:
Superseded, huh? Well, that's interesting.
I have been paging through my copy of the Minnesota Constitution, but I can't find any place where it gives the 7 member court the power to supersede statutes and put in substitute text.
Can anyone help me find that section?
posted by E.L. Lipman | 1/22/2005 05:11:00 PM
Could you provide the name of the case or whatever else it takes to find this ruling?
I edited the post with the link. The superseding language is on page 35.
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