ANDERSON, Justice.
Appellant Jaimiah Lamar Irby argues that he is entitled to a new trial because we found that the judge who presided over his conviction and sentencing, the Honorable Patricia Kerr Karasov, failed to reside in her judicial district from July 1, 2009, to September 30, 2009. Although this period of absence concluded before Irby's trial began, Irby contends that Judge Karasov automatically forfeited her office under Minn.Stat. § 351.02(4) (2012) when she moved outside her district, and that she therefore lacked the authority to hear his case. Because we conclude that a district court judgeship does not fall within the meaning of "local" office in Minn.Stat. § 351.02(4), and, consequently, this portion of the statute does not apply to Judge Karasov, we affirm.
Appellant Jaimiah Lamar Irby was involved in a 4-year relationship with T.D. The couple had two children together before their relationship ended in approximately March 2009. In September 2009, T.D. obtained an order for protection against Irby after an incident in which he became violent and would not let her leave the apartment they had previously shared. Shortly thereafter, Irby, armed with a handgun, confronted T.D., her mother, and her sister at her mother's house. Irby
The State initially charged Irby with first- and second-degree assault against T.D. under Minn.Stat. §§ 609.221, subd. 1, 609.222, subd. 1 (2012); first- and second-degree assault against T.D.'s sister under Minn.Stat. §§ 609.221, subd. 1, 609.222, subd. 1; and first-degree burglary under Minn.Stat. § 609.582, subd. 1(c) (2012). Irby's first trial, in June 2010, ended in a mistrial as a result of a deadlocked jury. Before Irby's second trial, held in June 2011, the State added the charge of a prohibited person in possession of a firearm under Minn.Stat. § 624.713, subds. 1(2), 2(b) (2012). The jury found Irby guilty of all charges and the district court entered judgment of conviction. Irby appealed.
Both of Irby's trials were presided over by Hennepin County District Court Judge Patricia Kerr Karasov. On November 16, 2011, several months after the second of Irby's two jury trials, we issued an opinion in a disciplinary proceeding involving Judge Karasov. In re Karasov, 805 N.W.2d 255 (Minn.2011). We concluded that the Minnesota Board on Judicial Standards had proven by clear and convincing evidence that Judge Karasov had failed to reside within her judicial district from July 1, 2009, to September 30, 2009, in violation of Article VI, Section 4, of the Minnesota Constitution.
In his appeal, Irby argued, for our purposes here, that Judge Karasov's failure to reside in her district rendered her office vacant under Minn.Stat. § 351.02(4) (providing that every office shall become vacant on "the incumbent's ceasing to be an inhabitant of the state, or, if the office is local, of the district, county or city for which the incumbent was elected or appointed, or within which the duties of the office are required to be discharged"). Under Irby's theory, Karasov automatically ceased to be a judge when she moved out of her district in 2009, and thus, despite moving back to the district before Irby's trial, she had no authority to hear cases absent the Governor appointing her to her former position.
The court of appeals rejected this argument and affirmed Irby's conviction, relying in part on our decision in In re Karasov. State v. Irby, 820 N.W.2d 30, 35-36 (Minn.App.2012). The court of appeals reasoned that our "suspension — rather than removal — of the subject judge strongly implie[d], at the very least, that the [supreme] court viewed the subject judge as a de facto judge, if not a de jure judge, notwithstanding her residency violation." Id. at 36.
We granted Irby's petition for review on the issue of whether he is entitled to a new trial because Judge Karasov's failure to reside in her district rendered her office vacant under Minn.Stat. § 351.02(4). We reject Irby's argument and affirm the court of appeals, although on different grounds.
A judicial officer's authority to conduct a trial is a legal question that we
Minnesota Statutes § 351.02(4) provides, as relevant here:
(Emphasis added.) When we concluded that she had failed to reside in her district during the summer of 2009, we also noted that "Judge Karasov was residing at her lake home in Chicago City ... during this period." In re Karasov, 805 N.W.2d at 265. Because Judge Karasov continued to reside in Minnesota during the time in question, she clearly did not "ceas[e] to be an inhabitant of the state." Minn.Stat. § 351.02(4). Judge Karasov's office, therefore, did not become vacant under the first portion of the statute.
Since the first portion of Minn.Stat. § 351.02(4) does not apply, Irby's argument must rely on the second half of that paragraph — that Judge Karasov was no longer an inhabitant of the "district ... for which [she] was elected or appointed, or within which the duties of [her] office are required to be discharged." But this language is preceded by a qualifier: it applies only "if the office is local." Id. For Irby's claim to succeed, a district court judgeship must therefore be a "local" office under the statute. Whether a district court judgeship qualifies as a "local" office under Minn.Stat. § 351.02(4) is a question of first impression for our court, and as a matter of statutory interpretation, it is one that we review de novo. Premier Bank v. Becker Dev., LLC, 785 N.W.2d 753, 758 (Minn.2010).
We begin with the text of the statute.
One reasonable interpretation of Minn. Stat. § 351.02(4) recognizes that district court judges act with statewide authority and therefore do not hold a "local" office within the meaning of section 351.02(4). The phrase "if the office is local" itself is not so plain and unambiguous as to allow for only one interpretation. Cf. Oehler v. City of St. Paul, 174 Minn. 410, 418, 219 N.W. 760, 763 (1928) ("The words `office' and `officer' are terms of vague and variable import, the meaning of which necessarily varies with the connection in which they are used...."). But interpreting the phrase within the context of the entire statute, as we must, see ILHC of Eagan, LLC v. Cnty. of Dakota, 693 N.W.2d 412, 419 (Minn.2005), provides some clarification. While the first part of Minn.Stat. § 351.02(4) refers to the incumbent ceasing to reside in the state, the "local" portion of the statute references ceasing to reside in a particular "district, county or city." Thus, the language of the statute reasonably supports the construction that statewide offices are only impacted by the first part of the statute, and that a "local" office refers to an office operating beneath the statewide level, such as at the district, county, or city level.
There is constitutional and statutory support for the proposition that a district court judgeship is a statewide office, and therefore not a "local" office. The judicial power of the state is exercised through its courts, including the "district court." Minn. Const. art. VI, § 1. We have said that the district court is "a constitutional court of original jurisdiction," and we have recognized the district court for over 100 years as "the one court of general jurisdiction" in the state. In re Civil Commitment of Giem, 742 N.W.2d 422, 429 (Minn. 2007) (citation omitted) (internal quotation marks omitted). As a court of general jurisdiction, the district court provides the entry point into a statewide system. Although assigned to, appointed to, or elected from a particular judicial district, a district court judge can "serve and discharge the duties of judge of any court in a judicial district not that judge's own" when "public convenience and necessity require it." Minn.Stat. § 2.724, subd. 1 (2012). District court judges interpret and apply state law, and they issue orders that have binding effect statewide. District court judges are "state employees," Minn.Stat. § 480.181, subd. 1 (2012), and when a vacancy occurs, new judges are appointed by the state's chief executive officer — the Governor. Minn. Const. art. VI, § 8 ("Whenever there is a vacancy in the office of judge the governor shall appoint in the manner provided by law a qualified person to fill the vacancy until a successor is elected and qualified."). Thus, it is reasonable to conclude that district courts are the courts of the state itself, not individual "local" offices.
Other statutory references also suggest that the Legislature has not viewed district court judges as local office holders. In some election-related contexts, the Legislature has distinguished between "judicial" and "local" offices. See Minn.Stat. § 211B.01, subd. 3 (2012) (defining "candidate" as "an individual who seeks nomination or election to a federal, statewide, legislative, judicial, or local office," where "local office" includes "special districts, school districts, towns, home rule charter and statutory cities, and counties" (emphasis added)); see also Minn.Stat. § 10A.01, subd. 22 (2012) (defining "local official" as a person who holds office in a political subdivision that controls expenditure or investment of public money). In addition, when the Legislature intends that a statute apply to district court judges, it usually says so. See, e.g., Minn.Stat. § 10A.01, subd. 10 (2012) ("`Candidate' means an individual who seeks nomination or election as a state constitutional officer, legislator, or judge." (Emphasis added)); cf. Peterson v. Stafford, 490 N.W.2d 418, 420 (Minn.1992) (explaining historical background for the "recognized goal of distinguishing judicial elections from elections for other offices").
But reading "local" office to exclude district court judges is not the only reasonable interpretation of the disputed statute. Irby argues for an interpretation of Minn. Stat. § 351.02(4) that includes a district court judge within the scope of "local" office. Irby contends that the language of this statute is expansive because it begins with a reference to "every office," refers to elected and appointed officials, and does not expressly exclude district court judges. This interpretation focuses on the fact that a "district" is a subdivision of the state, reasoning that because Judge Karasov discharged her duties within the Fourth Judicial District and was elected to serve a particular "district, county or city," her judgeship was a local office. Under this
Irby's proposed construction, although not unreasonable on its face, necessarily implies that the Legislature has supremacy over judicial discipline through a self-executing statute. This proposed construction creates significant constitutional tension. Construing "local" office to apply to district court judges, and therefore allowing for the automatic removal of a district court judge, raises constitutional issues regarding which branch of government — the legislative or judicial — has the final authority to remove and discipline judges. We have previously recognized the judiciary's authority to discipline judges based on its inherent judicial power. See In re Kirby, 350 N.W.2d 344, 347 (Minn.1984) (explaining that the judicial branch "has always had an existing inherent power to discipline judges"); In Re Clerk of Lyon Cnty. Courts' Comp., 308 Minn. 172, 176, 241 N.W.2d 781, 784 (1976) (noting that inherent judicial power "governs that which is essential" to the existence of the judiciary as a functioning court and rests its authority in "the constitutional doctrine of separation of powers").
While Minn. Const. art. VI, § 9, also gives the Legislature power to discipline judges, stating that "[t]he legislature may also 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," our case law suggests that the Legislature's ability to discipline judges is limited to the impeachment process. Sylvestre v. State, 298 Minn. 142, 147, 214 N.W.2d 658, 662 (1973) ("The legislature may not abolish the position [of judge of the district court] nor, under the present statutes, remove a judge from office except by impeachment.").
Thus, Irby's proposed construction of section 351.02(4) presents a potential constitutional conflict over the respective roles of the legislative and judicial branches regarding judicial discipline authority that, in the end, we conclude is unnecessary to resolve. We have held that "if we can construe a statute to avoid a constitutional confrontation, we are to do so." In re Civil Commitment of Giem, 742 N.W.2d at 429. This includes construing statutes, wherever possible, to avoid potential separation of powers problems. See id. The canon of constitutional avoidance can be applied where, as here, the statutory language
Based on the facts of this case, the statutes enacted by the Legislature, and our canons of construction, we conclude that a district court judgeship is not a "local" office under Minn.Stat. § 351.02(4).
Affirmed.
WRIGHT, J., took no part in the consideration or decision of this case.
STRAS, Justice (concurring).
I agree with the court that the better interpretation of Minn.Stat. § 351.02(4) (2012) is that the office of district judge is not a "local" office. See State v. Hayes, 826 N.W.2d 799, 805 (Minn.2013) (accepting the more reasonable of two interpretations of a statute); In re Estate of Butler, 803 N.W.2d 393, 397 (Minn.2011) (adopting the "better" interpretation of a statute). I write separately, however, to express my doubt about the suggestion in the court's opinion that the court's authority in the realm of judicial discipline is exclusive. While it may be true that the grant of "judicial power" in Article VI, Section 1, of the Minnesota Constitution encompasses the authority to discipline judges — a question not before us today — there is no doubt that the grant of authority to the Legislature in Article VI, Section 9, would render our authority to discipline judges concurrent rather than exclusive. See Minn. Const. art VI, § 9 ("The legislature may also 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."). Accordingly, I would not rely on the constitutional-avoidance canon to construe Minn.Stat. § 351.02(4) because there is no serious constitutional question lurking in this case.
PAGE, Justice (dissenting).
I respectfully dissent.
One of the core constitutional requirements for serving as a district court judge in Minnesota is that the judge must reside in her district during her continuance in office.
While my analysis under Article VI, Section 4, resolves the question of whether Judge Karasov had the authority to preside at Irby's trial, I would reach the same result applying Minn.Stat. § 351.02 (2012). First, unlike the court, I do not question the Legislature's authority to provide for the removal or other discipline of judges. This authority is set out clearly in our constitution:
Minn. Const. art. VI, § 9 (emphasis added).
It is undisputed that Judge Karasov violated the constitutional requirement that she reside in her district when she moved from her home in the Fourth Judicial District and, from July 1 through September 30, 2009, resided in Chisago City, which is in the Tenth Judicial District. See In re Karasov, 805 N.W.2d at 265, 268. We concluded in In re Karasov that by failing to reside in her district Judge Karasov violated Rule 1.1 of the Code of Judicial Conduct, which provides that "[a] judge shall comply with the law, including the Code of Judicial Conduct." 805 N.W.2d at 268. We also determined that Judge Karasov's conduct violated Rule 1.2 of the code, which states that "[a] judge shall act at all times in a manner that promotes public confidence in the independence, integrity, and impartiality of the judiciary, and shall avoid impropriety and the appearance of impropriety."
Minnesota Statutes § 351.02 provides, in pertinent part:
Section 351.02 states that an office "shall become vacant" upon the happening of any one of several enumerated events, one of which is the officer's "ceasing to be an inhabitant" of the district for which she was elected or appointed. The statute's plain language indicates that it is the
As the court implicitly acknowledges, section 351.02's expansive reference to "every office" must be construed to encompass the office of district court judge. See State ex. rel. Smallwood v. Windom, 131 Minn. 401, 407-08, 155 N.W. 629, 632 (1915) (applying predecessor statutes, Minn. Rev. Laws § 2667 (1905) and Minn. Gen. Stat. § 5723 (1913), to municipal judgeship). The court holds, however, that because a district court judgeship is not a "local" office, Judge Karasov's conduct falls within the scope of section 351.02 only if she "ceas[ed] to be an inhabitant of the state." Because she continued to reside within Minnesota at all times, the court concludes, section 351.02(4) has no application here.
In reaching its conclusion that section 351.02 does not apply in this case, the court either misreads or ignores the plain meaning of the words "local" and "district," in violation of our canons of construction. "The object of all interpretation and construction of laws is to ascertain and effectuate the intention of the legislature." Minn.Stat. § 645.16 (2012). When the words of a law are clear and free from all ambiguity, we may not disregard the letter of the law in pursuit of what we perceive to be its spirit. Id. When construing a statute, "words and phrases are construed according to rules of grammar and according to their common and approved usage." Minn.Stat. § 645.08(1) (2012). The American Heritage Dictionary of the English Language defines the word "local" as: "a. Of, relating to, or characteristic of a particular place ...; b. Of or relating to a city, town, or district rather than a larger area: state and local government." The American Heritage Dictionary of the English Language 1029 (5th ed.2011). "District" is defined most commonly as "[a] division of an area, as for administrative purposes." Id. at 525. It is true that a district court judge is a state officer "in certain senses of the term." See Brown v. Smallwood, 130 Minn. 492, 493-94, 153 N.W. 953, 954 (1915) ("It is conceded that the municipal judge is a state officer in certain senses of the term."). Indeed, Article VI, Section 3, provides the district court with statewide jurisdiction over all civil and criminal cases. Moreover, district court judges serve within the judicial branch of state government. But none of that makes the office of judge of the Fourth Judicial District a statewide office.
By requiring that those who serve as district court judges be appointed to, or elected by the citizens of, a specific district and then live within "that" district rather than some other or larger area, our constitution's framers clearly intended that judges reside in a particular place constituting a division of the state or geographic unit marked out by law within the state. Although not determinative, I would note that individual counties are required to furnish facilities for the district courts. Minn.Stat. § 484.77 (2012). I would also note that, although the district courts collectively exercise statewide jurisdiction, an individual district court judge may serve as a judge in a judicial district other than
What is determinative is that those who hold the office of district court judge are elected from a particular place set out by law "by the voters from the area which they are to serve," Minn. Const. art. VI, § 7; and those elections are local and of no particular concern to the rest of the state. For those appointed to the office of district court judge, the appointment must be to a particular area or place. Minn. Const. art. VI, § 4. And whether elected or appointed, our constitution mandates that judges reside within that particular area or place during their continuation in office. Id.
The court rejects this analysis, reasoning that state legislators are also elected from specific districts — in their case house or senate districts — but are considered state office holders. See Minn. Const. art. IV, § 6; Lundquist v. Leonard, 652 N.W.2d 33, 36 (Minn.2002). However, state legislators are elected to a state body — the Minnesota Legislature. See Minn. Const. art. IV. District court judges are elected to serve a specific district court and may only serve outside that district as noted above. See Minn. Const. art. VI, § 7; Minn.Stat. § 2.724, subd. 1.
The State contends that interpreting section 351.02(4) to include district court judges results in the automatic forfeiture of judicial office when the judge moves outside of her district. The State argues that such a "self-executing" statute would be inconsistent with the Legislature's system for disciplining judges, which requires the Board on Judicial Standards to make disciplinary recommendations to this court. See Minn.Stat. §§ 490A.01-.03 (2012). The State maintains that, "[s]hort of legislative impeachment, the only way to remove a judge from office is by order of this Court." Finally, the State observes that Minn.Stat. § 2.722, subd. 4(a) (2012), requires us to certify a vacancy to the Governor before the Governor can fill the vacancy. Based on this observation, the State argues that a judicial office cannot be forfeited until our court declares it vacant.
The State is wrong on all counts. First, the State's contention that section 351.02 is "self-executing" is only true in the narrowest sense of the term. Our court has the ultimate authority to determine whether a judge resided outside of her district and, if so, when that change of residence occurred. Cf. Rule 14(e), Rules of the Board on Judicial Standards (describing our review of the hearing panel's recommendation of discipline). Therefore, removing a judge from office still requires a decision from this court.
Second, this case illustrates that giving effect to section 351.02 does not circumvent the Legislature's system for disciplining and removing judges. Consistent with
I also note that the "self-executing" nature of section 351.02 is irrelevant to the correct construction of the plain language in subsection (4). The decision that a vacancy has arisen will always have a retroactive effect and in this sense the statute is "self-executing." But that result does not alter the constitutional and statutory requirements for a district court judge to be elected or appointed from a particular district and thereafter to reside in that district continuously.
The State's final observation, that section 2.722, subdivision 4, requires us to certify a vacancy before the Governor can fill the vacancy, is irrelevant. Section 2.722 addresses what occurs after a vacancy arises, that is, how the vacancy is to be filled, if it is to be filled at all. Section 2.722 does not purport to address how vacancies are created in the first instance. Nor does it address how, when, or why, a district court judge is removed from office.
That section 351.02 may complicate the system for determining judicial vacancies does not deprive that section of its validity or mean that it does not comport with our system for filling vacancies. As discussed, how the office of district court judge becomes vacant is not determinative of how the vacancy is filled.
The court makes a similar argument to that of the State, although relying more on constitutional considerations. The court contends that including district court judges within the definition of "local office" as I do "implies that the Legislature has supremacy over judicial discipline through a self-executing statute." On this basis the court invokes the constitutional-avoidance canon, see In re Civil Commitment of Giem, 742 N.W.2d 422, 429 (Minn.2007), to conclude that district court judges occupy a statewide office.
For the sake of argument, if it is assumed that the court is correct that my interpretation implies legislative supremacy over judicial discipline, that concern would seem to be present regardless of whether the office of district court judge is a statewide or local office. The court agrees, at least implicitly, that section 351.01(4) would apply if Judge Karasov had not merely moved out of her district but had moved her residence across Minnesota's border to one of our neighboring states, in which case her office would have "become vacant." Under the court's reasoning, the statute would still be self-executing, thereby implying the Legislature's supremacy over judicial discipline. Therefore, the constitutional concern is present even under the court's interpretation of "local office." The court could avoid this game of judicial whack-a-mole by recognizing our role in determining whether a vacancy has arisen.
For these reasons, I conclude that Minn. Stat. § 351.02(4) applies to this case because, even though district court judges are employed within a statewide system and have statewide power, the office of district court judge is a local office. Based on that conclusion, I also conclude that when Judge Karasov ceased being a resident of the Fourth Judicial District on July 1, 2009, her office became vacant.
Because I conclude that under the Minnesota Constitution and Minn.Stat.
The defect in Judge Karasov's authority was not "merely technical"; it was of constitutional magnitude. As I noted at the outset, the Minnesota Constitution establishes only two requirements for qualification to serve as a district court judge: (1) residence within the district in which the judge serves; and (2) that the judge be "learned in the law." Plainly, the fact that the residence requirement is a constitutional requirement for service as a district court judge is a reflection of Minnesota's commitment to a "strong policy" that its district court judges be members of the communities in which they serve. Judge Karasov's conduct violated this policy and, as a consequence, she was not a de facto judge.
Having concluded that Judge Karasov vacated her judicial office as a matter of law, the only suitable remedy is to reverse Irby's convictions. "Ordinarily we limit our review of errors to which the defendant did not object at trial to those constituting plain error affecting substantial rights," but we have recognized that plain-error analysis is inappropriate "[i]n a case involving a fundamental question of judicial authority." Harris, 667 N.W.2d at 920. Accordingly, Irby is entitled to a trial before a duly-authorized district court judge.