HB40 Alabama 2023 Session

Summary

Primary Sponsor

Jim HillRepresentative

Republican

Session

Regular Session 2023

Title

Relating 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; to require retired justices and judges be paid per diem and mileage and be provided court-supportive personnel; to require continuing legal education annually; and to make nonsubstantive, technical revisions to update the existing code language to current style.

Summary

HB40 updates how retired Alabama justices and judges are paid when called to active service, adds per diem and staff support, requires annual continuing education, and updates retirement and disability benefits language.

What This Bill Does

If enacted, the bill keeps retirement benefits at 75% of the salary for the former position and adds rules for disability and survivor benefits. It also creates an interim active duty framework: retired judges and justices can be called to temporary service and receive per diem, mileage, and court-supportive staff, with additional compensation designed to keep total pay under set limits; there is a requirement for at least six hours of approved continuing legal education annually and a cap on days served (up to 50 per year) plus caseload-based oversight and certification by court leaders.

Who It Affects

• Retired justices and judges (including Supreme Court, Court of Appeals, circuit, and district judges) who may be called to interim active duty and their retirement, disability, and survivor benefits.
• The Alabama court system and state budget/administrative bodies (Chief Justice, presiding judges, Administrative Office of Courts) responsible for administering, funding, and overseeing interim active duty arrangements and related compensation and certification processes.

Key Provisions

• Retirement benefits for retired justices and judges are set at 75% of the salary for the position held, with adjustments if the position's salary changes, plus survivor benefits for spouses and disability benefits calculated by service length and other rules, all protected from wage garnishment.
• Retired judges and justices called to interim active duty receive per diem and mileage, court-supportive personnel, and an additional compensation framework that limits total pay relative to regular judges; service is capped at 50 days per calendar year and requires annual caseload certification and six hours of approved continuing legal education; oversight and transfer rules govern performance and status changes.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Justices and judges, revise compensation received by retired justices and judges who are called to active duty