H136 - Recall Retired Business Court Judge. (SL 2016-91)

Overview: S.L. 2016-91 provides that a special superior court judge who retires from service as a business court judge before reaching mandatory retirement age, and who is commissioned by the Governor to serve as an emergency judge, can be recalled by the Chief Justice and assigned to serve as a senior business court judge if, at the time of retirement, the judge had been nominated for a successive term of office, the nomination had not yet been confirmed by the General Assembly, and the judge would have reached mandatory retirement age before completing the successive term of office.

The act also provides that an emergency superior court judge who is recalled to serve as a senior business court judge as described above, and whose commission expires upon reaching mandatory retirement age, can be recalled again by the Chief Justice to continue to serve as a senior business court judge.

With regard to any judge so recalled, the act provides that:

• The judge's eligibility to serve as a recalled senior business court judge terminates five years after being commissioned as an emergency judge.
• The judge is paid actual expenses plus $500 per day of active service rendered as a senior business court judge, in addition to the compensation or retirement allowance to which the judge is otherwise entitled by law.
• The judge can be designated as the chief business court judge by the Chief Justice.

This act became effective July 11, 2016, and applies to judges retiring on or after that date, or whose commission to serve as an emergency judge expires upon reaching mandatory retirement age on or after that date.