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Statutes Text

Article - Courts and Judicial Proceedings




§1–302.

    (a)    In this section, “former judge” means a judge who previously served in a court.

    (b)    Except as provided in subsection (c) of this section, the Chief Judge of the Court of Appeals may assign any former judge to sit temporarily in any court if the temporary assignment is approved by the administrative judge of the circuit in which the former judge is to be assigned and if the former judge:

        (1)    Has served in the aggregate at least 2 years as a judge, except that in Talbot County, the former judge shall have served in the aggregate at least 1 year as a judge;

        (2)    Has been approved for assignment by a majority of the judges of the Court of Appeals;

        (3)    Meets the standards established by this section as well as any additional standards established by rule of the Court of Appeals; and

        (4)    Has consented to the assignment.

    (c)    A former judge may not be recalled for temporary assignment if the judge:

        (1)    Was removed or involuntarily retired from judicial office pursuant to the Constitution or laws of this State;

        (2)    Voluntarily retired by reason of disability;

        (3)    Had the most recent service as a judge terminated by reason of defeat for election to judicial office or by rejection of confirmation by the Senate;

        (4)    Was censured by the Court of Appeals upon recommendation of the Commission on Judicial Disabilities; or

        (5)    Is engaged in the practice of law.

    (d)    A former judge recalled under this section may not be temporarily assigned for more than 180 working days in any calendar year. However, if the case which the former judge is hearing at the end of the 180–day period is not concluded, the time may be extended until that case is concluded.

    (e)    A former judge temporarily assigned under this section has all the power and authority of a judge of the court to which he is assigned.

    (f)    (1)    Whether or not he is receiving a retirement allowance, a former judge temporarily assigned under this section shall receive a per diem compensation for each day he is actually engaged in the discharge of judicial duties based on the current annual salary of the court in which he served immediately prior to his resignation or retirement. The per diem shall be computed on the basis of 246 working days a year. If the sum of the per diem payments received by a former judge in any one calendar year, when added to the retirement allowance he is entitled to receive during that calendar year, equals the annual salary of a judge of the court in which the former judge served immediately prior to the termination of his active service, no further per diem is payable to the former judge in that calendar year.

        (2)    A deduction may not be withheld for health benefits or retirement purposes from the compensation paid to a former judge during temporary judicial service. The performance of temporary judicial service does not provide additional service for retirement credit purposes.

        (3)    In addition to the per diem compensation provided for in paragraph (1) of this subsection, he shall be reimbursed for reasonable expenses actually incurred by reason of the assignment, in accordance with State joint travel regulations.

    (g)    Preference for temporary assignment shall be given to retired judges from the circuit in which the temporary assignment is to take place.



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