Vacancies in judicial office?

Minnesota statute 351.02 relating to vacancies in public office.  According to an opinion issued by the MSBA and said to be that of the Minnesota Court of Appeals, the statute applies to judges.

Here are select portions of that statute:


Every office shall become vacant on the happening of either of the following events, before the expiration of the term of such office:

(5) the incumbent’s conviction of any infamous crime, or of any offense involving a violation of the official oath;

(7) the decision of a competent tribunal declaring the incumbent’s election or appointment void;


(6953) RL s 2667; 1973 c 123 art 5 s 7; 1986 c 444

If this statute applies, then there is a big problem in the MJB.

I have pointed out in public filings including Robins v. Ritchie (filed in the US District of Minnesota 2010) that most judges in Minnesota are appointed.  They resign early, despite having taken an oath of office to serve for the 6-year term.