HB105 Alabama 2020 Session

Under existing law, retired justices and judges may be called to active duty status and are compensated for their service

This bill would revise the compensation retired justices and judges receive for their service

This bill would also make nonsubstantive, technical revisions to update the existing code language to current style

Related to retired justices and judges; to amend Sections 12-18-10 and 12-18-61, Code of Alabama 1975, to revise the compensation received by retired justices and judges who are called to active duty; and to make nonsubstantive, technical revisions to update the existing code language to current style.

Section 1

Sections 12-18-10 and 12-18-61, Code of Alabama 1975, are amended to read as follows:

§12-18-10.

(a) The retirement benefit payable to a justice of the Supreme Court or judge of one of the courts of appeals retiring pursuant to subdivision (2), (3), (4), or (5) of subsection (a) of Section 12-18-6 shall be 75 percent of the salary prescribed by law for the position from which he or she retires, payable monthly for the rest of his or her life. Such The benefit shall continue to be 75 percent of his or her salary prescribed by law for such the position and shall change in amount as such the salary is hereafter increased or decreased by law and shall not be subject to writs of attachment or garnishment.

(b) The retirement benefit payable to a judge of a circuit court retiring pursuant to subdivision (2), (3), (4), or (5) of subsection (b) of Section 12-18-6 shall be 75 percent of the salary prescribed by law of the salary payable from the State Treasury to circuit judges. Such The retirement benefits shall be payable monthly for the life of the beneficiary and shall continue to be 75 percent of the salary then prescribed by law for the respective position and shall change in amount as such the salary is hereafter increased or decreased by law and shall not be subject to writs of attachment or garnishment.

(c) After the death of any justice or judge who had held office for a minimum of five years, his or her spouse shall receive a yearly benefit equivalent to three percent of the salary payable from the State Treasury prescribed by law for his or her former position as either a justice or judge, as the case may be, for each year of service, not to exceed 30 percent of such the salary, payable monthly for the remainder of such the spouse's life or until his or her remarriage, and such the benefit shall change in amount as such the salary is hereafter increased or decreased by law.

(d) Any justice or judge retiring pursuant to subdivision (1) of subsection (a) or subdivision (1) of subsection (b) of Section 12-8-6 who has served for 10 years shall be entitled to a disability benefit allowance payable monthly from the Judicial Retirement Fund equal to 75 percent of the salary payable from the State Treasury for the position he held at the time he or she retires. If such the disabled justice or judge has served less than 10 years, he or she shall be entitled to receive a monthly disability benefit that is equal to 25 percent of the salary payable from the State Treasury for the position he held at the time he or she retires plus 10 percent of such the salary for each year of service in excess of five years; provided, however, that in no event shall such a justice or judge receive less than 30 percent of the annual salary being paid to a full-time justice or judge, as the case may be, from the State Treasury.

(e)(1) Every justice of the Supreme Court, judge of a court of appeals, or judge of a circuit court who has retired pursuant to this article or Article 7 of this chapter may, on the request of the Chief Justice, the presiding judge of a court of appeals, or the Governor, may be called to interim active duty status, upon consent of the retired justice or judge. and, when When serving with the Supreme Court or courts of appeals, he or she shall perform such the duties as may be prescribed by the Chief Justice or the presiding judge of the court of appeals with which where he or she is serving. and, when When serving in a circuit court, he or she shall perform such the duties as may be prescribed by the presiding judge in the circuit.

(2) Such A retired justice or judge of a court of appeals in such active service status who is called to interim active duty status shall receive an additional sum compensation during the term of such service which, when added to his retirement benefits, would amount to $250.00 per month less than the monthly salary paid a justice or judge of the appellate court from which he has retired in an amount not to exceed 25 percent of the actual salary of an active court of appeals justice or judge with 20 or more years of service. The salary paid a retired circuit judge called to active service with the Supreme Court or a court of appeals shall be the salary paid a circuit judge in the circuit from which said judge retired. The salary paid a retired circuit judge called to active service as a circuit judge shall be the salary paid a regular judge in the circuit to which he is assigned or in the circuit from which he retired, whichever is greater. In no event, however, shall the total compensation paid to a retired circuit judge on active status during any calendar year exceed a sum which is $1,000.00 less than the compensation received by a regular judge in the circuit from which such judge retired.

(3) A retired circuit judge who is called to interim active duty status shall receive additional compensation, during the term of service, in an amount not to exceed 25 percent of the actual salary of an active circuit judge with 20 or more years of service, subject to available funding.

(4) A retired circuit judge may only be called to interim active duty status to perform duties in a circuit court when the presiding judge requests the appointment of the interim judge, when the Chief Justice and Administrative Office of Courts certify that the circuit where the judge will serve is needed pursuant to the most recent judicial weighted caseload study, and when the presiding circuit judge in the circuit where the judge will serve concurs that the circuit's caseload requires the service of the interim active judge. Notwithstanding any other provision of law, in order for the judge to continue in interim active duty status, the certification required in this subdivision must be made and re-certified annually on the anniversary that the interim judge is called into service.

Whenever a retired justice or judge of a court of appeals is serving in a circuit court, he shall receive compensation equal to that due the regular judge of that circuit for the performance of such duties, such compensation to be paid in the same manner as the compensation of the regular circuit judge is paid; and, whenever a retired justice or a judge of a court of appeals is serving as an active member on the Supreme Court or on one of the courts of appeals, then he shall be entitled to receive, during the time of such service, compensation equal to that due a regular justice or judge for the performance of such duties, such compensation to be paid in the same manner as the compensation of a regular justice or judge is paid.

A retired justice or judge of one of the courts of appeals or circuit judge, while serving with the Supreme Court or one of the courts of appeals for reasons other than the absence or disqualification of a justice or judge, shall perform such duties as may be prescribed by the Chief Justice when serving with the Supreme Court, or as prescribed by the presiding judge of the court of appeals with which he may be serving.

(f) (f)(1) Whether a retired justice or judge is satisfactorily performing the assigned duties shall be determined by the following:

The a. If the assignment is to the Supreme Court, by the Chief Justice, with the advice of the Supreme Court, or.

b. If the assignment is to a court of appeals, by the presiding judge of a the applicable court of appeals, with the advice of the court over which he or she presides, shall determine whether such retired justice or judge is satisfactorily performing his assigned duties.

c. If the assignment is to the circuit court, by the Chief Justice, with the advice of the Supreme Court, and the presiding circuit judge of the applicable judicial circuit.

(2) Upon determination that such the retired justice or judge is not satisfactorily performing such the duties, such the retired justice or judge shall immediately be removed from active status, and his the additional active duty compensation shall be stopped.

(g) Except as provided in subdivision (e)(4) or subsection (f) of this section, a retired justice or judge shall hold office as such an additional or extra judge during good behavior and may be removed only for causes specified in the constitution. Such Any retired justices or judges may, however, but subject to the approval of the Chief Justice, be transferred to inactive status, upon request for such the transfer, subject to the approval of the Chief Justice. Justices or judges who revert to inactive status shall be entitled to the same retirement benefits prescribed in subsections (a) and (b) for justices and judges who have retired.

(h) Nothing contained in this section or hereafter shall limit the power and authority of the Chief Justice to transfer a retired justice or judge from inactive status to active status or from active status to inactive status as the public interest in his or her judgment requires.

(i) The Administrative Office of Courts shall adopt rules for nominations to the Chief Justice and duties assigned to interim active duty status justices and judges.

§12-18-61.

(a) Any district judge who has retired pursuant to this article or Article 7 of this chapter may be called by the Chief Justice to temporary interim active duty status in any court, upon consent of the retired judge.

The salary paid a retired district judge called to active duty shall be the salary paid a district judge in the district from which said district judge retired or the salary paid a resident district court judge in the district to which the judge is assigned, whichever is greater. In no event, however, shall the total compensation paid to a retired district judge on active duty during any calendar year exceed a sum which is $1,000.00 less than the compensation received by a regular judge in the district from which said judge is retired or subject to the approval of the Chief Justice.

(b)(1) A retired district judge who is called to interim active duty status shall receive additional compensation, during the term of service, in an amount not to exceed 25 percent of the actual salary of an active district judge with 20 or more years of service, subject to available funding.

(2) A retired district judge may only be called to interim active duty status to perform duties in a circuit or district court when the presiding circuit judge requests the appointment of the interim judge, when the Chief Justice and Administrative Office of Courts certify that the circuit where the judge will serve is needed pursuant to the most recent judicial weighted caseload study, and when the presiding circuit judge in the circuit where the judge will serve concurs that the circuit's caseload requires the service of the interim active judge. Notwithstanding any other provision of law, in order for the judge to continue in interim active duty status, the certification required in this subdivision must be made and re-certified annually on the anniversary that the interim judge is called into service.

Such active duty may be terminated by order of the Chief Justice at any time.

(c) The Chief Justice, with the advice of the Supreme Court, and the presiding circuit judge of the applicable judicial circuit, shall determine whether a retired judge is satisfactorily performing the assigned duties. Upon determination that the retired judge is not satisfactorily performing the duties, the retired judge shall immediately be removed from active duty status, and the additional active duty compensation shall cease.

(d) Except as provided in subdivision (b)(2) or subsection (c), a retired judge shall hold office as an additional or extra judge during good behavior and may be removed only for causes specified in the constitution. Any retired judges may be transferred to inactive status, upon request for the transfer. Judges who revert to inactive status shall be entitled to the same retirement benefits prescribed pursuant to this chapter.

(e) Nothing contained in this section shall limit the power and authority of the Chief Justice to transfer a retired judge from inactive status to active status or from active status to inactive status as the public interest in his or her judgment requires.

(e) The Administrative Office of Courts shall adopt rules for nominations to the Chief Justice and duties assigned to interim active duty status judges."

Section 2

This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.