HOUSE BILL NO. 176
INTRODUCED BY L. JENT
AN ACT PROVIDING THAT CERTAIN INACTIVE VESTED JUDGES OR JUSTICES WHO LEAVE SERVICE VOLUNTARILY AND ARE NOT ELIGIBLE FOR A RETIREMENT BENEFIT BY REASON OF AGE MAY BE CALLED FOR DUTY; PROVIDING THAT RETIRED JUDGES OR JUSTICES MAY NOT BE CALLED FOR DUTY ON THE SUPREME COURT; PROVIDING THAT THE CALL FOR DUTY MAY BE MADE BY THE CHIEF JUSTICE; AMENDING SECTION 19-5-103, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 19-5-103, MCA, is amended to read:
"19-5-103. Call of retired judge judges and justices and inactive vested members for duty. (1) (a) Every If
physically and mentally able, a retired judge or justice who has voluntarily retired after at least 8 years of service must, if
physically and mentally able, be is 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 that the supreme court chief justice may give,
including or to serve as water judge.
(b) When called, a retired judge's or justice's duties include 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
court to which the judge or justice is called to serve. The opinions, when and if and to the extent approved by the court,
may by the court be ordered by the court 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) A retired judge or justice, when called to duty, must be reimbursed for actual expenses, if any, in responding to the call.
(b) In addition, a retired justice or judge or justice is entitled to receive compensation in an amount equal to:
(a)(i) the daily salary then currently applicable to the judicial position in which the duty is rendered for each day of duty
rendered, up to a total of 180 days in a calendar year; and
(b)(ii) for each day of duty after 180 days in a calendar year, 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 or justice is receiving, if any.
(3) A judge or justice who is an inactive vested member, who has voluntarily terminated service as an active judge after 8 years of service, and who, by reason of age, is not eligible to receive a retirement benefit under this chapter may be called for duty as provided in subsection (1). A judge or justice called to duty under this subsection must be reimbursed as provided in subsection (2)(a) and compensated as provided in subsection (2)(b)(i) regardless of the number of days served in a calendar year."
Section 2. Effective date. [This act] is effective on passage and approval.
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Latest Version of HB 176 (HB0176.ENR)
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