Alabama § 12-18-61 - Call to Active Duty of Retired District Judges; Requirements for Retired Judges on Active Duty; Removal from Active Duty.

§ 12-18-61. Call to Active Duty of Retired District Judges; Requirements for Retired Judges on Active Duty; Removal from Active Duty.

(a) Any district judge who has retired pursuant to this article or Article 7, on the request of the presiding circuit judge of the applicable judicial circuit and with the approval of the Chief Justice, may be called to interim active duty status in any circuit or district court, upon consent of the retired judge.

(b)(1) A retired district judge who is called to interim active duty status, in addition to his or her retirement benefits, shall receive additional compensation during the term of service in an amount of seven hundred eighty dollars ($780) per day, subject to state funding, including funds within the discretion of the presiding circuit judge of the judicial circuit. A judge may only be called to interim active duty status for a maximum of 50 days in a calendar year.

(2) A retired judge who is called to active duty status pursuant to this section shall receive the same per diem expenses and mileage as state employees paid from funds appropriated to the Unified Judicial System. Additionally, he or she shall be assigned any court and court-supportive personnel necessary to perform his or her duties.

(3) A retired judge who is called to active duty status pursuant to this section shall complete a minimum of six hours of approved continuing legal education annually.

(4) A retired judge who is called to active duty status pursuant to this section shall not be a public official under Chapter 25 of Title 36 by virtue of his or her service under this section.

(c) The Chief Justice and the presiding circuit judge of the applicable judicial circuit shall determine whether a retired judge is satisfactorily performing the assigned duties. Upon determination that the retired judge is not satisfactorily performing the duties, the retired judge shall immediately be removed from interim active duty status, and the additional interim active duty status compensation shall cease.

(d) Except as provided in subdivision (b)(1) or subsection (c), a retired judge shall hold office as an additional or extra judge during good behavior and may only be removed for causes specified in the constitution. Any retired judges may be transferred to inactive status, upon request for the transfer. Judges who revert to inactive status shall be entitled to the same retirement benefits as prescribed pursuant to this chapter.

(e) The Administrative Office of Courts shall adopt policies and procedures for nominations to the Chief Justice and duties assigned to interim active duty status judges.