(a) Any district judge who has retired pursuant to this article or Article 7 of this chapter may be called by the Chief Justice to interim active duty status in any court, upon consent of the retired judge.

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Terms Used In Alabama Code 12-18-61

  • circuit: means judicial circuit. See Alabama Code 1-1-1
  • state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Alabama Code 1-1-1
  • year: means a calendar year; but, whenever the word "year" is used in reference to any appropriations for the payment of money out of the treasury, it shall mean fiscal year. See Alabama Code 1-1-1
(b)

(1) A retired district judge who is called to interim active duty status, in addition to his or her retirement benefits, shall receive additional compensation, during the term of service in an amount of seven hundred eighty dollars ($780) per day, subject to state funding. A judge may only be called to interim active duty status for a maximum of 50 days in a calendar year.
(2) A retired district judge may only be called to interim active duty status to perform duties in a circuit or district court when the presiding circuit judge requests the appointment of the interim judge, when the Chief Justice and Administrative Office of Courts certify that the circuit where the judge will serve is needed pursuant to the most recent judicial weighted caseload study, and when the presiding circuit judge in the circuit where the judge will serve concurs that the circuit’s caseload requires the service of the interim active judge. Notwithstanding any other provision of law, in order for the judge to continue in interim active duty status, the certification required in this subdivision must be made and recertified annually on the anniversary that the interim judge is called into service.
(3) A retired judge who is called to active duty status pursuant to this section shall receive the same per diem expenses and mileage as state employees paid from funds appropriated to the Unified Judicial System. Additionally, he or she shall be assigned any court and court-supportive personnel necessary to perform his or her duties.
(4) A retired judge who is called to active duty status pursuant to this section shall complete a minimum of six hours of approved continuing legal education annually.
(5) A retired judge who is called to active duty status pursuant to this section shall not be a public official under Chapter 25 of Title 36 by virtue of his or her service under this section.
(c) The Chief Justice and the presiding circuit judge of the applicable judicial circuit, shall determine whether a retired judge is satisfactorily performing the assigned duties. Upon determination that the retired judge is not satisfactorily performing the duties, the retired judge shall immediately be removed from interim active duty status, and the additional interim active duty status compensation shall cease.
(d) Except as provided in subdivision (b)(2) or subsection (c), a retired judge shall hold office as an additional or extra judge during good behavior and may only be removed for causes specified in the constitution. Any retired judges may be transferred to inactive status, upon request for the transfer. Judges who revert to inactive status shall be entitled to the same retirement benefits as prescribed pursuant to this chapter.
(e) The Administrative Office of Courts shall adopt policies and procedures for nominations to the Chief Justice and duties assigned to interim active duty status judges.
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