HOUSE BILL NO. 244
INTRODUCED BY T. FACEY, D. BERRY, M. HALLIGAN, D. MAHLUM, B. MCCARTHY, F. THOMAS
AN ACT REVISING THE COMPENSATION FOR RETIRED JUDGES OR JUSTICES CALLED FOR DUTY; AMENDING SECTION 19-5-103, MCA; AND PROVIDING AN 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 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:
(a) one-twentieth of the monthly daily 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, up to a total of 180 days in a calendar year; and
(b) 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 is receiving, if any."
Section 2. Effective date. [This act] is effective July 1, 1999.
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Latest Version of HB 244 (HB0244.ENR)
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