19-5-103. Call of retired judge for duty. (1) Every judge or justice who has voluntarily retired after 8 years of service must, if physically and mentally able, be subject to call for duty by the supreme court or the chief justice to aid and assist the supreme court, any district court, or any water court under directions as the supreme court may give, including the examination of the facts, cases, and authorities cited and the preparation of opinions for and on behalf of the supreme court, district court, or water court, or to serve as water judge. The opinions, when and if and to the extent approved by the court, may by the court be ordered to constitute the opinion of the court. The court and the retired judge or justice may, subject to any rule that the supreme court may adopt, perform any duties preliminary to the final disposition of cases that are not inconsistent with the constitution of the state.
     (2) A retired judge or justice, when called to duty, must be reimbursed for actual expenses, if any, in responding to the call. In addition, for each day of duty, a retired justice or judge is entitled to receive compensation in an amount equal to one-twentieth of the monthly salary then currently applicable to the judicial position in which the duty is rendered minus an amount equal to one-twentieth of the monthly retirement benefit that the retired justice or judge is receiving, if any, for each day of duty rendered.

     History: En. Sec. 24, Ch. 289, L. 1967; R.C.M. 1947, 93-1130; amd. Sec. 1, ch. 254, L. 1979; amd. Sec. 5, Ch. 80, L. 1981; amd. Sec. 3, Ch. 256, L. 1983; amd. Sec. 1, Ch. 425, L. 1983; amd. Sec. 96, Ch. 265, L. 1993; amd. Sec. 20, Ch. 370, L. 1997.