HB 40 — 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.

HB40 INTRODUCEDENROLLED 2J36KK-12J36KK-3 By Representative Hill RFD:

07-Mar-23 PFD:2023 Regular Session Page 0 HB40 Enrolled Enrolled, An Act, 3 Relating to retired justices and judges;

23-Feb-23 Page 0 2J36KK-1 02/22/2023 CNB (L) tgw 2022-5038 2 4 SYNOPSIS:

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 provide that retired justices and judges receive per diem, mileage, and be provided court-supportive personnel.

This bill would require retired justices and judges to complete a minimum of six hours of approved continuing legal education.

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

A BILL TO BE ENTITLED AN ACT Relating to retired justices and judges;

to require retired justices and judges be paid per diem and mileage and be Page 1 HB40 INTRODUCED provided court-supportive personnel;

(b) The retirement benefit payable to a judge of a circuit court retiring pursuant to subdivision (2), (3), (4) Page 1 HB40 Enrolled or (5) of subsection (b) of Section 12-18-6(b)(2), (3), (4), or (5) shall be 75 percent of the salary prescribed by law of the salary payable from the State Treasury to circuit judges.

SuchThe 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 Page 2 HB40 INTRODUCED increased or decreased by law and shall may not be subject to writs of attachment or garnishment.

If such the disabled justice or judge has served less than 10 years, he or she shall be entitled to receive a Page 2 HB40 Enrolled 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 Page 3 HB40 INTRODUCED the State Treasury.

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 95 of the court of appeals with which he is serving and, when.

(2) ASuch retired justice or, judge of a court of appeals, or judge of a circuit court in such active service status who is called to interim active duty status, in addition to his or her retirement benefits, 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 Page 3 HB40 Enrolled or judge of the appellate court from which he has 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 Page 4 HB40 INTRODUCED 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 95 a sum which is $1,000.00 less than the compensation received by a regular judge in the circuit from which such judge retired service in an amount of seven hundred eighty dollars ($780) per day, subject to state funding.

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 Page 4 HB40 Enrolled recertified 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 Page 5 HB40 INTRODUCED regular circuit judge is paid;

Additionally, he or she shall be assigned any court and Page 5 HB40 Enrolled court-supportive personnel necessary to perform his or her duties.

(f)(1)(6) WhetherA a retired justice or judge who is satisfactorilycalled performingto theactive assignedduty dutiesstatus pursuant to this section shall not be Pagea 6public HB40official INTRODUCEDunder determinedChapter 25 of Title 36 by thevirtue following:of his or her service under this section.

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

(g) Except as provided in subdivision (e)(4) or Page 6 HB40 Enrolled 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.

(h) Nothing contained in this section or hereafter Page 7 HB40 INTRODUCED 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.

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 Page 7 HB40 Enrolled the judge is assigned, whichever is greater.

(b)(1) A retired district judge who is called to interim active duty status, in addition to his or her retirement benefits, shall receive additional compensation, Page 8 HB40 INTRODUCED during the term of service in an amount of seven hundred eighty dollars ($780) per day, subject to state funding.

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 recertified annually on the anniversary that Page 8 HB40 Enrolled the interim judge is called into service.

(c)(5) TheA Chiefretired Justicejudge andwho theis presidingcalled circuitto judgeactive Pageduty 9status HB40pursuant INTRODUCEDto ofthis thesection applicableshall judicialnot circuit,be shalla determinepublic whetherofficial aunder retiredChapter judge25 isof satisfactorilyTitle performing36 theby assignedvirtue duties.of his or her service under this section.

(c) The Chief Justice and the presiding circuit judge of the applicable judicial circuit, shall determine whether a retired judge is satisfactorily performing the assigned duties.

Judges who revert to inactive status shall be Page 9 HB40 Enrolled entitled to the same retirement benefits as prescribed pursuant to this chapter.

Page 10 HB40 Enrolled ________________________________________________ Speaker of the House of Representatives ________________________________________________ President and Presiding Officer of the Senate House of Representatives I hereby certify that the within Act originated in and was passed by the House 20-Apr-23, as amended.

John Treadwell Clerk Senate 16-May-23 Passed House 23-May-23 Concurred in Senate Amendment Page 11