The bill prohibits retired judges or justices from serving in any case where a party challenges the constitutionality of a state statute. This new restriction is inserted into Section 3-5-202 of the Montana Code Annotated (MCA), which outlines the qualifications for judges. Additionally, Section 19-5-103 is amended to include a similar prohibition, stating that retired judges or justices may not aid or assist in such cases.
The bill also includes provisions for the call of retired judges and justices for duty, ensuring they are compensated for their service while maintaining the new restrictions on their eligibility in constitutional challenges. The act is set to take effect immediately upon passage and approval.
Statutes affected: LC Text: 3-5-202, 19-5-103
SB0020_1(1): 3-5-202, 19-5-103
SB0020_1(2): 3-5-202, 19-5-103
SB0020_1(3): 3-5-202, 19-5-103
SB0020_1: 3-5-202, 19-5-103