Minnesota Statutes

Minn. Stat. § 260.031 (2026)

Referee

✓ current as of May 2026

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Subdivision 1.Appointment.

The chief judge of the judicial district may appoint one or more suitable persons to act as referees. All referees are subject to the administrative authority and assignment power of the chief judge of the district as provided in section 484.69, subdivision 3, and are not limited to assignment to juvenile court. Referees shall hold office at the pleasure of the judges of the district court and shall be learned in the law, except that persons holding the office of referee on January 1, 1983, may continue to serve under the terms and conditions of their appointment. The compensation of a referee shall be fixed by the judge, approved by the county board and payable from the general revenue funds of the county not otherwise appropriated. Part time referees holding office in the Second Judicial District pursuant to this subdivision shall cease to hold office on July 31, 1984.

Subd. 2.Referee hears case.

The judge may direct that any case or class of cases shall be heard in the first instance by the referee in the manner provided for the hearing of cases by the court.

Subd. 3.Findings transmitted.

Upon the conclusion of the hearing in each case, the referee shall transmit to the judge all papers relating to the case, together with findings and recommendations in writing. Notice of the findings of the referee together with a statement relative to the right of rehearing shall be given to the minor, parents, guardian, or custodian of the minor whose case has been heard by the referee, and to any other person that the court may direct. This notice may be given at the hearing, or by certified mail or other service directed by the court.

Subd. 4.Hearing request.

The minor and the minor's parents, guardians, or custodians are entitled to a hearing by the judge of the juvenile court if, within three days after receiving notice of the findings of the referee, they file a request with the court for a hearing. The court may allow such a hearing at any time.

Subd. 5.Referee findings; decree of court.

In case no hearing before the judge is requested, or when the right to a hearing is waived, the findings and recommendations of the referee become the decree of the court when confirmed by an order of the judge. The final order of the court shall, in any event, be proof of such confirmation, and also of the fact that the matter was duly referred to the referee.

Notes of Decisions

Cited in 5 cases, 1969–1985 · leading case: In Re the Welfare of D.K., 363 N.W.2d 877 (Minn. Ct. App. 1985).

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In Re the Welfare of D.K., 363 N.W.2d 877 (Minn. Ct. App. 1985). · cites it 19× “then moved for a new trial before a judge of the juvenile court, contending that the fourteenth amendment of the United States Constitution and Minn.Stat. § 260.031, subd. 4 (1982), afforded him the right to a trial de novo before a juvenile court judge.”

In Re the Welfare of K.T., 327 N.W.2d 13 (Minn. 1982). · cites it 2× “Minn.Stat. § 260.031, subd. 3 (1980), places the burden of informing the court of prior proceedings on the officers of the juvenile court when it states that upon conclusion of a hearing before a referee, “the referee shall transmit to the judge all papers relating to the case,…”

In Re the Welfare of C. W. S., 267 N.W.2d 496 (Minn. 1978). “" [3] The term "notice of appeal" was the caption originally used by the state. The state now prefers to refer to it as a "request for review," noting that the Interim Commission Comment (1959), 17 M.”

In re the Welfare of R.A.D., 370 N.W.2d 469 (Minn. Ct. App. 1985). · cites it 5× “moved for a new trial before a juvenile court judge, arguing it was mandated by due process and by Minn.Stat. § 260.031, subd. 4 (1984). The motion was denied, and after a hearing on the written record, a juvenile court judge affirmed the referee’s findings.”

In Re Welfare of Fields, 172 N.W.2d 322 (Minn. 1969). · cites it 2× “” Section 260.031, subd. 4, provides: “The minor and his parents, guardians, or custodians are entitled to a hearing by the judge of the juvenile court if, within three days after receiving notice of the findings of the referee, they file a request with the court for a hearing.”

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