This bill amends the Code of West Virginia to clarify the authority of the Supreme Court of Appeals to recall senior judges and justices under specific circumstances. It recognizes the need for extended assignments of senior judges and justices, particularly in situations involving protracted illnesses, lengthy suspensions, or unfilled vacancies. The bill specifies that senior judges and justices may be temporarily assigned to assist with an excess of pending matters or to mentor sitting judges, while ensuring that such assignments do not jeopardize the qualified status of the Judges' Retirement System under federal regulations.

Additionally, the bill establishes compensation guidelines for recalled senior judges and justices, setting a per diem rate not to exceed $430 for circuit and intermediate court judges and $325 for family court judges. It also allows for reimbursement of actual expenses incurred during their service. Importantly, the bill includes provisions that permit senior judges and justices to exceed the annual salary cap for combined per diem compensation and retirement benefits under extraordinary circumstances, provided that the Chief Justice certifies the necessity of their extended assignment.

Statutes affected:
Introduced Version: 51-9-10