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 illness, lengthy suspensions, or unfilled vacancies. The bill introduces new provisions that allow for the temporary assignment of retired circuit court judges, family court judges, judges of the Intermediate Court of Appeals, and justices of the Supreme Court of Appeals, 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 stipulates that the combined 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