SB 623
Specifying circumstances in which senior judges and justices may be recalled to service
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Sign in to take action- Introduced
- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
This bill clarifies the circumstances under which retired West Virginia judges and justices can be recalled to active service by the Supreme Court of Appeals. It allows for temporary assignments due to illness, excessive caseloads, or to provide mentorship to sitting judges, subject to certain compensation limits. The bill also outlines reimbursement for expenses incurred during these temporary assignments, ensuring judicial continuity and addressing potential staffing shortages.
Key provisions
- Allows the Supreme Court of Appeals to recall retired judges and justices for temporary assignments.
- Justices can be recalled due to illness, excessive caseloads, or to mentor sitting judges.
- Recalled judges and justices receive per diem compensation set by the Supreme Court of Appeals.
- Per diem compensation is capped at $430 per day for circuit and intermediate court judges and $325 per day for family court judges.
- Combined per diem and retirement benefits cannot exceed a sitting judge’s annual salary, with exceptions outlined in subsection (d).
- Expenses incurred during service are reimbursable.
- The Supreme Court of Appeals has authority to order the recall of judges and justices in extraordinary circumstances.
- The bill addresses concerns about maintaining the integrity of the Judges’ Retirement System.
Who is affected
- West Virginia Supreme Court of Appeals
- Retired Circuit Court Judges
- Retired Family Court Judges
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