1 | A bill to be entitled |
2 | An act relating to retirement; amending s. 25.073, F.S.; |
3 | providing for a former justice or judge to be qualified to |
4 | serve as a retired justice or judge under certain |
5 | conditions; providing circumstances under which such |
6 | justice or judge may not serve as a retired justice or |
7 | judge; amending s. 121.053, F.S.; exempting retired judges |
8 | consenting to temporary duty from certain termination and |
9 | reemployment limitations; providing an effective date. |
10 |
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11 | WHEREAS, the Supreme Court of Florida has certified the |
12 | need for additional judgeships to meet the workload of the |
13 | court, but due to economic conditions, none have been funded by |
14 | the Legislature since 2007, and |
15 | WHEREAS, the trial courts in this state have experienced a |
16 | tremendous increase in foreclosure cases, and |
17 | WHEREAS, senior judges provide temporary replacement |
18 | coverage of scheduled dockets of judges who become ill, injured, |
19 | or unexpectedly obligated to attend to other duties, and, thus, |
20 | prevent litigants from suffering unwanted delay of their cases, |
21 | and |
22 | WHEREAS, unlike other employees who return to state service |
23 | after retirement, senior judges are paid a daily fixed stipend, |
24 | and |
25 | WHEREAS, a 1-year delay in a retired judge's performance of |
26 | senior judge duties will detrimentally affect the currency of |
27 | experience and critical skills required of a judge to properly |
28 | and appropriately rule on legal issues, NOW, THEREFORE, |
29 |
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30 | Be It Enacted by the Legislature of the State of Florida: |
31 |
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32 | Section 1. Present subsections (2) and (3) of section |
33 | 25.073, Florida Statutes, are renumbered as subsections (3) and |
34 | (4), respectively, and a new subsection (2) is added to that |
35 | section, to read: |
36 | 25.073 Retired justices or judges assigned to temporary |
37 | duty; additional compensation; appropriation.- |
38 | (2) Notwithstanding subsection (1), a former justice or |
39 | judge who has failed to win reelection or be retained after more |
40 | than 12 years of service as a justice or judge may be qualified |
41 | to serve as a retired justice or judge unless: |
42 | (a) The former justice or judge has been reprimanded, |
43 | fined, suspended, or disciplined by the Florida Supreme Court |
44 | for violations of the Florida Code of Judicial Conduct or the |
45 | rules regulating The Florida Bar; |
46 | (b) The Judicial Qualifications Commission has brought |
47 | charges against the former justice or judge which were not |
48 | dismissed, or the former justice or judge was not exonerated of |
49 | all such charges; or |
50 | (c) Any party objects to the assignment of the former |
51 | justice or judge when the former justice or judge is to preside |
52 | over a civil case, including any appeal of a civil case. |
53 | Section 2. Subsection (6) of section 121.053, Florida |
54 | Statutes, is amended to read: |
55 | 121.053 Participation in the Elected Officers' Class for |
56 | retired members.- |
57 | (6) A retired judge consenting to temporary duty in any |
58 | court, as assigned by the Chief Justice of the Supreme Court in |
59 | accordance with s. 2, Art. V of the State Constitution, is not |
60 | subject to the renewed membership provisions of this section, to |
61 | termination as defined in s. 121.021(39), or to the 12-month |
62 | reemployment limitation in s. 121.091(9). |
63 | Section 3. This act shall take effect July 1, 2011. |