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 circuit court judges, family court judges, judges of the Intermediate Court of Appeals, and justices of the Supreme Court of Appeals can be temporarily assigned to assist with pending matters or to mentor sitting judges. The legislation also ensures that the extended assignments do not jeopardize the qualified status of the Judges' Retirement System under federal regulations.

Additionally, the bill outlines the compensation structure for recalled senior judges and justices, establishing a per diem rate not exceeding $430 for circuit and intermediate court judges and $325 for family court judges. It stipulates that the total of per diem compensation and retirement benefits for these judges during a calendar year should not exceed the annual salary of a sitting judge, with exceptions for extraordinary circumstances certified by the Chief Justice. The bill also allows for reimbursement of actual and necessary expenses incurred by senior judges and justices while performing their duties.

Statutes affected:
Introduced Version: 51-9-10