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Committee hears bill to require 'random' selection when district judges are substituted
Summary
Senate Bill 41 would require random selection procedures when a substituted or disqualified district judge is replaced; the court administrator said existing software performs random assignment in many districts but the bill’s sponsor and critics debated practicality and separation-of-powers concerns.
Senate Bill 41, sponsored by Senator Daniel Emmerich, would require a defined random-selection procedure when a substituted or disqualified district court judge is replaced. The sponsor said the bill responds to inconsistent local practices and the public perception that replacements are handpicked.
Senator Emmerich said the bill “calls for the random selection of subsequent judges” and that the term "random" is defined as a selection “from a larger group by chance.” He told the committee the law would instruct the Office of the Court Administrator to establish a procedure and leave operational detail to the courts.
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