SB 97 — Allowing senior judge to continue receiving per diem compensation beyond annual salary of sitting judge due to delay by Governor in filling vacancy

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Red = new code to be enacted WEST virginia legislature regular session IntroducedCommittee Substitute for Senate Bill 97 By Senators Trump, Hamilton, Lindsay, Romano, and RomanoMaroney, [Introducedoriginal Januarysponsors 8,[Originating 2020;in the Committee on the Judiciary;

referredreported toon theFebruary Committee5, on2020] the  Judiciary]  A BILL to amend and reenact §51-9-10 of the Code of West Virginia, 1931, as amended, relating to adding a circumstance, a delay by the Governor in filling a judicial vacancy,vacancy toas thean circumstancesadditional circumstance in which a senior judge or justice may continue to receive per diem compensation after the judge or justice has already received the amount of the annual salary of a sitting circuit judge.

Provided, That the combined total of per diem compensation and retirement benefits paid to a senior judge or justice during a single calendar year may not exceed the annual salary of a sitting circuit judge, except as set forth in subsection (d) of this section.  (d) Notwithstanding subsection (c) of this section, for purposes of maintaining judicial efficacy and continuity in judicial decisiondecisionmaking, making, a senior judge or justice may continue to receive per diem compensation after the combined total of per diem compensation and retirement benefits paid to the senior judge or justice during that calendar year exceeds the annual salary of a sitting circuit judgejudge, if the Chief Justice of the Supreme Court of Appeals enters an administrative order certifying there are certain extraordinary circumstances involving the necessary absence of a sitting judicial officer because ofof: (1) A protracted, but temporary, illness or medical condition;

(1) A protracted, but temporary, illness or medical condition;

Immediately upon entering such an order, the Chiefchief Justicejustice shall submit copies of the order to the State Auditor and the State Treasurer.

The purpose of this bill is to add,add a circumstance, a delay by the Governor in filling a judicial vacancy, to the circumstances in which a senior judge or justice may continue to receive per diem compensation after the judge or justice has already received the amount of the annual salary of a sitting circuit judge.