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Subdivision 1.Presiding judge.
In the Fourth Judicial District, a Family Court Division of the district court is hereby created to be presided over by a district court judge appointed by the chief judge of the judicial district to serve for a term not exceeding six years. The judge appointed to this office shall be designated as the district court judge, Family Court Division. No judge may be appointed to serve consecutive terms as the district court judge, Family Court Division.
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Subd. 2.Assignment of matters.
Said district court judge shall hear and determine all family matters assigned by the chief judge of the Fourth Judicial District with the approval of the majority of the judges of said district.
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Subd. 3.Space; personnel; supplies.
The Board of County Commissioners of Hennepin County shall provide suitable chambers and courtroom space and bailiffs, together with necessary library supplies and other expenses necessary. The state shall provide referees, court reporters, law clerks, and guardian ad litem program coordinators and staff.
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Subd. 4.Vacancy.
In cases of vacancy in the office, or if work load, absence, sickness or other disability prevents a judge from fully performing duties, the chief judge of the district court of the Fourth Judicial District may orally or in writing designate or assign one or more of the other judges of the district court to perform or assist in the performance of the duties of the district court judge, family court division.
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Subd. 5.Ordinary duties.
The district court judge, family court division, may be designated in writing by the chief judge of the district court of the Fourth Judicial District to the regular or ordinary duties of a judge of the district court.
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Subd. 6.Filling vacancies.
Vacancies in the office of district court judge, family court division, shall be filled in the manner prescribed by law for the filling of vacancies in the office of other judges of the district court.
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Subd. 7.Referees; appointment.
The district court judge, family court division, may, with the consent and approval of the judges of the district court of the Fourth Judicial District, appoint one or more suitable persons to act as referees. Such referees shall be learned in the law and shall hold office at the pleasure of the judges of the district court.
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Subd. 8.Referees; duties.
The duties and powers of referees in the family court division shall be as follows:
(1) hear and report all matters within the jurisdiction of the district court judge, family court division, as may be directed to the referee by said judge;
(2) recommend findings of fact, conclusions of law, temporary and interim orders, and final orders for judgment.
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Subd. 9.Referees; appeal.
All recommended orders and findings of a referee shall be subject to confirmation by said district court judge. Fourth Judicial District Family Court referee orders and decrees may be appealed directly to the court of appeals in the same manner as judicial orders and decrees. The time for appealing an appealable referee order runs from service by any party of written notice of the filing of the confirmed order.
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Subd. 10.Referees; findings and orders.
Upon the conclusion of the hearing in each case, the referee shall transmit to said district court judge the court file together with the referee's recommended findings and orders in writing. The recommended findings and orders of a referee become the findings and orders of the court when confirmed by said judge. The order of the court shall be proof of such confirmation.
Notes of Decisions
Cited in
20
cases (
1 in the last 5 years), 1976–2024 · leading case:
Burkstrand v. Burkstrand, 632 N.W.2d 206 (Minn. 2001).
Burkstrand v. Burkstrand, 632 N.W.2d 206 (Minn. 2001).
· cites it 6× “[2] Respondent then retained new counsel and filed a notice of review under Minn.Stat. § 484.65, subd. 9 (2000). [3] Respondent argued that the referee lacked jurisdiction to hear and decide the case on January 21 because a full hearing on the petition was not held by the…”
Thomas v. Fey, 405 N.W.2d 450 (Minn. Ct. App. 1987).
· cites it 28× “On October 1, 1986, the trial court dismissed the motion for review with prejudice, finding it untimely under Minn. Stat. § 484.65 , subd. 9 (1986). Appeal is taken from the October 1 order.”
Culver v. Culver, 771 N.W.2d 547 (Minn. Ct. App. 2009).
· cites it 14× “See Minn.Stat. § 484.65, subds. 7-10 (2008). [Confirmed] referee orders and decrees may be appealed directly to the Court of *549 Appeals in the same manner as judicial orders and decrees.”
Peterson v. Peterson, 242 N.W.2d 88 (Minn. 1976).
· cites it 4× “In enacting § 484.65, recreating - the family court division in Hennepin County, the legislature used language which is helpful in revealing the legislature’s intent as to the effect of a referee’s findings in family court.”
Coady v. Jurek, 366 N.W.2d 715 (Minn. Ct. App. 1985).
· cites it 6× “The referee’s order was approved and judgment was entered prior to the running of the ten days in which a notice of review may be filed under Minn.Stat. § 484.65, subd. 9 (1984). The appeal was taken from that judgment, and from the subsequent order issued by the court…”
Marriage of Kiffer v. Kiffer, 410 N.W.2d 454 (Minn. Ct. App. 1987).
· cites it 8× “Minn. Stat. § 484.65 , subd. 9 (1986). The notice of review was found to be untimely and was dismissed.”
Marriage of Koponen v. Koponen, 352 N.W.2d 834 (Minn. Ct. App. 1984).
· cites it 6× “ISSUE Does the fact that a referee’s recommended order of June 1, 1982, arose out of a prior remand by the family court judge for evidentiary hearing permit review of that June 1, 1982, recommended order on January 26, 1983? ANALYSIS Minnesota Statutes Section 484.65(9) (1982)…”
Givens v. Darst, 800 N.W.2d 652 (Minn. Ct. App. 2011).
· cites it 2× “See Minn.Stat. § 484.65, subd. 10 (2010). . This is not a case in which a time-intensive factual question about paternity or parental fitness or child endangerment reasonably delayed the custody decision; in such a circumstance, we could not so easily say that the district court…”
Marriage of Savoren v. Savoren, 386 N.W.2d 288 (Minn. Ct. App. 1986).
· cites it 2× “We must determine whether this rule is applicable to the Hen-nepin County District Court, Family Court Division, which was created by Minn.Stat. § 484.65 (1984). Minn.Stat. § 480.”
In Re the Marriage of Moberg v. Moberg, 350 N.W.2d 421 (Minn. Ct. App. 1984).
· cites it 2× “Proper review could only occur pursuant to Minn.Stat. § 484.65(9) (1982) within ten days after the issuance of the referee’s order.”
Marriage of Moberg v. Moberg, 347 N.W.2d 791 (Minn. 1984).
· cites it 2× “reviewed within the applicable 10-day period pursuant to Minn.Stat. § 484.65, subd. 9 (1982). He did not appeal the referee’s order or the subsequent judgment.”
Hess v. Comm'r of Pub. Saf., 392 N.W.2d 586 (Minn. Ct. App. 1986).
· cites it 2× “The court after hearing may adopt the report or may modify it or may reject it in whole or in part or may receive further evidence and may recommit it with instructions.”
— Minn. Stat. § 484.65(9) — 3 cases
Marriage of Koponen v. Koponen, 352 N.W.2d 834 (Minn. Ct. App. 1984).
“ISSUE Does the fact that a referee’s recommended order of June 1, 1982, arose out of a prior remand by the family court judge for evidentiary hearing permit review of that June 1, 1982, recommended order on January 26, 1983? ANALYSIS Minnesota Statutes Section 484.65(9) (1982)…”
In Re the Marriage of Moberg v. Moberg, 350 N.W.2d 421 (Minn. Ct. App. 1984).
“Proper review could only occur pursuant to Minn.Stat. § 484.65(9) (1982) within ten days after the issuance of the referee’s order.”
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