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S.B. 640
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VETOES
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(4) Has consented to the assignment.
(c) A former judge may not be recalled for temporary assignment if the judge:
(1) Was removed or involuntarily retired from judicial office pursuant to
the Constitution or laws of this State;
(2) Voluntarily retired by reason of disability;
(3) Had the most recent service as a judge terminated by reason of defeat
for election to judicial office or by rejection of confirmation by the Senate;
(4) Was censured by the Court of Appeals upon recommendation of the
Commission on Judicial Disabilities; or
(5) Is engaged in the practice of law.
(d) A former judge recalled under this section may not be temporarily assigned
for more than 180 working days in any calendar year. However, if the case which the
former judge is hearing at the end of the 180-day period is not concluded, the time
may be extended until that case is concluded.
(e) A former judge temporarily assigned under this section has all the power
and authority of a judge of the court to which he is assigned.
(f) (1) Whether or not he is receiving a retirement allowance, a former judge
temporarily assigned under this section shall receive a per diem compensation for
each day he is actually engaged in the discharge of judicial duties based on the
current annual salary of the court in which he served immediately prior to his
resignation or retirement. The per diem shall be computed on the basis of 246
working days a year. If the sum of the per diem payments received by a former judge
in any one calendar year, when added to the retirement allowance he is entitled to
receive during that calendar year, equals the annual salary of a judge of the court in
which the former judge served immediately prior to the termination of his active
service, no further per diem is payable to the former judge in that calendar year.
(2) A deduction may not be withheld for health benefits or retirement
purposes from the compensation paid to a former judge during temporary judicial
service. The performance of temporary judicial service does not provide additional
service for retirement credit purposes.
(3) In addition to the per diem compensation provided for in paragraph
(1), he shall be reimbursed for reasonable expenses actually incurred by reason of the
assignment, in accordance with State joint travel regulations.
(g) Preference for temporary assignment shall be given to retired judges from
the circuit in which the temporary assignment is to take place.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2006.
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May 26, 2006
- 3182 -
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