HB 1033

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
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
30	Be It Enacted by the Legislature of the State of Florida:
31
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.

CODING: Words stricken are deletions; words underlined are additions.