Rule 367.Administration of Expedited Child Support Process; Child Support Magistrates
Last amended November 22, 2023 · Last verified July 1, 2026
Full Text of Rule 367
Advisory Committee Comments
Advisory Committee Comment
Nothing in these rules precludes a family court referee or district court judge from serving in the capacity of a child support magistrate.
Advisory Committee Comment – 2023 Amendments
Rule 367.02 is modified in 2023 to recognize that all child support magistrates are now judicial branch employees.
Advisory Committee Comment
It is the intent of the Committee that child support magistrates have the authority to decide all issues permitted in the expedited process, including, but not limited to, awarding and modifying tax dependency exemptions, awarding costs and attorneys fees, and issuing orders or direct contempt, and issuing orders to show cause.
Advisory Committee Comment – 2023 Amendments
Rule 367.04 is modified in 2023 to recognize that all child support magistrates are now judicial branch employees and may not practice law, even if employed on a less than full-time basis. The rule is also modified to allow magistrates to serve as a mediator, but only if approved by the appointment authority, which will reduce any potential conflicts of interest.
Advisory Committee Comment
A comment to the Application Section of the Minnesota Code of Judicial Conduct provides that “anyone, whether or not a lawyer, who is an officer of a judicial system and who performs judicial functions, including an officer such as a referee, special master or magistrate” is a judge within the meaning of the Minnesota Code of Judicial Conduct.
Advisory Committee Comment – 2023 Amendments
Rule 367.05 is modified in 2023 to recognize that all child support magistrates are now judicial branch employees.
Amendment History
- (Amended effective November 22, 2023.)
- (Amended effective November 22, 2023.)
- (Amended effective November 22, 2023.)
Plain-English Summary
Rule 367 puts each judicial district's chief judge in charge of a basic organizational choice: administer the expedited process within the district, or ask the state court administrator to run all or part of it instead. What the rule does not allow is skipping the expedited process altogether; every district participates, and the only real question is who handles the administration.
The chief judge also decides the mix of decision-makers a district will use, whether that means dedicated child support magistrates, family court referees, district court judges, or some combination of the three. Appointing an actual magistrate takes more than the chief judge's say-so: it requires the advice and consent of the district's own judges, and the appointment still needs confirmation by the Minnesota Supreme Court. A magistrate can be appointed full-time or less than full-time, and serves at the pleasure of the judges of that district rather than holding a fixed term. Once appointed, a magistrate holds whatever powers and authority are necessary to perform the job, as statute and rule provide.
A magistrate's outside activities are limited too. A magistrate cannot practice law, cannot serve as a guardian ad litem in any family law matter within the district where the person sits as a magistrate, and cannot serve as a mediator unless the appointing authority gives written permission. Each magistrate is also bound by the Minnesota Code of Judicial Conduct, with the same exceptions for part-time judges applying to a magistrate appointed on a less than full-time basis.
Because a magistrate exercises real judicial authority, impartiality is not optional: a magistrate must conduct every hearing impartially and must serve only in matters where the magistrate can remain impartial and evenhanded, and must withdraw whenever unable to do so.
Frequently Asked Questions
Who decides whether a judicial district administers the expedited process itself?
The chief judge of each judicial district decides whether the district will administer the expedited process, in whole or in part, or ask the state court administrator to do it instead.
Can a judicial district opt out of the expedited process entirely?
No. Rule 367 only lets the chief judge decide who administers the process within the district; every district still participates in the expedited process itself.
Who can preside over expedited process hearings?
A district's chief judge decides whether to use child support magistrates, family court referees, district court judges, or some combination of them to preside over expedited process matters.
Does the Minnesota Supreme Court have any role in appointing child support magistrates?
Yes. Although the chief judge appoints a magistrate with the advice and consent of the district's judges, that appointment is subject to confirmation by the Supreme Court.
Can a child support magistrate work less than full-time?
Yes. Rule 367 allows a district to appoint child support magistrates on either a full-time or a less than full-time basis.
Advisory Committee Comment
Rule 367.01 does not permit a judicial district to opt out of the expedited process. Rather, Rule 367.01 simply indicates that the chief judge of the district must decide who will be responsible for administering the expedited process within each judicial district.