Louisiana Revised Statutes 11:1384 – Assigned retired judges; optional method of compensation, expenses
Terms Used In Louisiana Revised Statutes 11:1384
- En banc: In the bench or "full bench." Refers to court sessions with the entire membership of a court participating rather than the usual quorum. U.S. courts of appeals usually sit in panels of three judges, but may expand to a larger number in certain cases. They are then said to be sitting en banc.
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
A. In lieu of the compensation established for assigned retired judges by La. Rev. Stat. 11:566 and La. Rev. Stat. 11:1351 through 1358, the supreme court may assign a retired judge to a court on a contractual or per diem basis. In such case, and notwithstanding any provision of La. Rev. Stat. 11:1381 or 443 to the contrary, the assigned retired judge shall be entitled to compensation, in addition to his retirement pay, in an amount equal to one-twentieth of the monthly salary of a judge of the court to which he is assigned for each day of service under such assignment, but not to exceed one hundred twenty working or judicial days in a fiscal year. In addition, such a judge shall be entitled to reimbursement of reasonable and necessary expenses incurred in the performance of such service. The assignment of a retired judge under this section shall not result in the termination of his pension or retirement status as provided by La. Rev. Stat. 11:1381.
B. The compensation and expenses provided for in Subsection A hereof shall be paid from time to time on the judge’s own warrant giving a detailed statement of service and expenses.
C.(1) Notwithstanding the provisions of La. Rev. Stat. 11:1384(A) and (B) or any provision of law to the contrary, a retired judge may be assigned to any court of record on a contractual or per diem basis by an en banc order of the court, provided the en banc order is confirmed by the supreme court pursuant to La. Const. Art. V, § 5(A) . No retired judge shall be assigned for longer than the time limitation set forth in La. Rev. Stat. 11:1384(A). In such a case, and notwithstanding any provision of law to the contrary, the retired judge shall be entitled to compensation, in addition to his retirement pay, in an amount not exceeding the salary of a judge of the court to which he is assigned. In addition, the assigned judge shall be entitled to reimbursement of reasonable and necessary expenses incurred in the performance of such service. The compensation and expenses provided for in this Subsection, shall be paid on the judge’s own warrant for the judicial expense fund, or similar fund, of the court to which he is assigned.
(2) Notwithstanding any provision of law to the contrary, the assignment of a retired judge under this Subsection shall not result in the termination or reduction of his pension or retirement status.
Added by Acts 1979, No. 345, §1; Acts 1986, No. 400, §1; Redesignated from La. Rev. Stat. 13:9.2 by Acts 1991, No. 74, §3, eff. June 25, 1991.