The bill HB40 amends Sections 12-18-10 and 12-18-61 of the Code of Alabama 1975, focusing on the compensation and responsibilities of retired justices and judges who are called to active duty. Key insertions include requirements for these retired officials to receive per diem and mileage compensation equivalent to state employees, be assigned necessary court-supportive personnel, and complete a minimum of six hours of approved continuing legal education annually. The bill also clarifies that retired judges serving in active duty will not be considered public officials under certain statutes, and it establishes a process for evaluating their performance, allowing for immediate removal if deemed unsatisfactory.

Additionally, the bill modifies the compensation structure for retired district judges on interim active duty status, allowing them to earn $780 per day for a maximum of 50 days per calendar year, contingent on state funding. It streamlines the appointment process by removing previous language regarding salary caps and the Chief Justice's authority to terminate active duty, instead requiring requests from the presiding circuit judge and certification of need based on judicial workload studies. The bill ensures that retired judges can request a transfer to inactive status while retaining their retirement benefits and tasks the Administrative Office of Courts with developing policies for the nomination and duties of judges in interim active duty status. The act will take effect three months after its passage and approval by the Governor.

Statutes affected:
Introduced: 12-18-10, 12-18-61
Enrolled: 12-18-10, 12-18-61