HB62 Enrolled is a legislative bill that amends Sections 12-18-10 and 12-18-61 of the Code of Alabama 1975, revising the retirement benefit structure for justices and judges to ensure they receive 75 percent of the salary prescribed by law for their position, with adjustments for salary changes and protection from attachment or garnishment. It also outlines benefits for surviving spouses and the calculation of disability benefits for retired justices or judges. The bill modifies the process for calling retired justices or judges to active duty, allowing any retired justice of the Supreme Court or judge of a court of appeals to be called to interim active duty status upon request of the Chief Justice, the presiding judge of a court of appeals, or the Governor, with the consent of the retired individual. For retired circuit judges, the request must come from the presiding circuit judge of the applicable judicial circuit and be approved by the Chief Justice. The bill permits the use of discretionary funds to pay retired judges called to interim active duty and removes previous requirements based on caseload studies and annual recertification.

Additionally, the bill sets the compensation for retired judges serving in interim active duty status at $780 per day, with a maximum service of 50 days per calendar year, subject to state funding. It includes provisions for per diem expenses, mileage, and continuing legal education requirements, and specifies that serving retired judges shall not be considered public officials under Chapter 25 of Title 36. The Chief Justice and the presiding circuit judge have the authority to assess performance and remove a judge from service if necessary. The bill is set to become effective on October 1, 2024.

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