HB1153: Retired judges; temporary recall, persons retired under Virginia Retirement System.


Offered January 13, 2016
Prefiled January 13, 2016
A BILL to amend and reenact § 17.1-106 of the Code of Virginia, relating to temporary recall of retired judges.
Patron-- Kilgore

Committee Referral Pending

Be it enacted by the General Assembly of Virginia:

1. That § 17.1-106 of the Code of Virginia is amended and reenacted as follows:

§ 17.1-106. Temporary recall of retired judges.

A. The Chief Justice of the Supreme Court may call upon and authorize any justice or judge of a court of record who is retired under the Judicial Retirement System (§ 51.1-300 et seq.) or who transferred service credit from the Judicial Retirement System under the provisions of § 51.1-303 to the Virginia Retirement System and retired under the Virginia Retirement System prior to July 1, 2015, as long as such person does not engage in the practice of law within or without the Commonwealth, either to (i) hear a specific case or cases pursuant to the provisions of § 17.1-105 such designation to continue in effect for the duration of the case or cases or (ii) perform for a period of time not to exceed ninety 90 days at any one time, such judicial duties in any court of record as the Chief Justice shall deem in the public interest for the expeditious disposition of the business of the courts of record.

B. It shall be the obligation of any retired judge or justice who is recalled to temporary service under this section and who has not attained age seventy to accept the recall and perform the duties assigned. It shall be within the discretion of any justice or judge who has attained age seventy to accept such recall.

C. Any justice or judge recalled to duty under this section shall have all the powers, duties, and privileges attendant on the position he is recalled to serve.

D. A retired justice of the Supreme Court or judge of the Court of Appeals recalled to active service shall be furnished an office, office supplies, and stenographer while performing such active service.