HB62 Alabama 2024 Session

Summary

Primary Sponsor

Jim HillRepresentative

Republican

Session

Regular Session 2024

Title

Justices and Judges; revise when may be called to active duty

Summary

HB62 lets retired Alabama judges be called back to interim active duty more easily, pays them per diem, and sets oversight and funding rules for such service.

What This Bill Does

The bill allows a retired circuit or district judge to be called back to interim active duty when the presiding circuit judge requests it and the Chief Justice approves, removing the previous requirement for weighted caseload certification. It authorizes discretionary funds to compensate retired judges for interim service, at a rate of $780 per day with a 50-day annual limit, plus per diem and mileage like state employees. It also imposes duties, required continuing education, performance oversight, and possible removal for unsatisfactory work, while preserving retirement benefits and related protections; it applies to both circuit and district judges and includes a mechanism for policy formation by the Administrative Office of Courts, with an effective date of October 1, 2024.

Who It Affects

• Retired judges (supreme court, court of appeals, circuit court, and district court): may be called back for interim duties, receive $780 per day for service (up to 50 days per year), keep retirement benefits, and must complete ongoing legal education; their performance is monitored and they can be removed if not satisfactory.
• Court leadership and state funding authorities (Chief Justice, presiding circuit judges, Governor for certain cases, and the Administrative Office of Courts): have the authority to request interim service, approve assignments, certify need (where applicable), determine compensation and staffing, and adopt policies governing interim active duty duties.

Key Provisions

• Interim duty trigger: a retired judge may be called to interim active duty when the presiding judge requests it and the Chief Justice approves the interim judge (with Governor involvement for Supreme Court/c Court of Appeals cases as applicable).
• Compensation and duration: interim service pays $780 per day (plus per diem expenses and mileage) and is capped at 50 days per calendar year; funds are subject to state funding and discretion of the presiding circuit judge.
• Duties and supervision: retired judges serving interim status perform duties as prescribed by the Chief Justice, presiding judge, or court, depending on their assignment, and may be assigned necessary staff to perform those duties.
• Education and official status: interim-status judges must complete at least six hours of approved continuing legal education annually and, for purposes of service, are not designated as public officials under Chapter 25 of Title 36 by virtue of this service.
• Performance oversight and removal: Chief Justice and presiding judge determine whether a retired judge is satisfactorily performing duties; unsatisfactory performance can lead to immediate removal from interim status and cessation of compensation.
• Benefits and status: retirement benefits remain in place and adjust with salary changes; judges may be transferred to inactive status upon request and retain certain retirement protections; Administrative Office of Courts will adopt nomination and duty policies for interim status judges.
• District judges: similar interim active-duty framework applies to retired district judges, including eligibility, pay, maximum days, duties, and oversight, with the same effective date.

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

Subjects

Courts & Judges