Chapter 165

2005 -- H 5344

Enacted 07/06/05

A N A C T

RELATING TO COURTS AND CIVIL PROCEDURE - COURTS - JUSTICES OF SUPREME, SUPERIOR, AND FAMILY COURTS

Introduced By: Representatives Flaherty, and Fox

Date Introduced: February 08, 2005

It is enacted by the General Assembly as follows:

SECTION 1. Section 8-3-7 and 8-3-7.1 of the General Laws in Chapter 8-3 entitled

"Justices of Supreme, Superior, and Family Courts" is hereby amended to read as follows:

8-3-7. Retirement of justices on reduced pay -- Assignment as associate justices. --

(a) Whenever any person engaged as a judge on or before [July 2, 1997] has served as a justice of

the supreme court, the superior court, the family court, the district court, or any combination

thereof for twenty (20) years, or has so served for ten (10) years and has reached the age of sixty-

five (65) years, that justice may retire from active service and thereafter the justice shall receive

annually during life a sum equal to three-fourths (3/4) of the annual salary that the justice was

receiving at the time of retirement.

(b) Any justice in any of the courts who shall retire in accordance with the provisions of

this section or section 36-9-5 may, at his or her own request and at the direction of the chief

justice of the supreme court, subject to the retiree's physical and mental competence, be assigned

to perform such services as an associate justice of the superior court, or the family court, or the

district court as the presiding justice of the superior court, or the chief judge of the family court,

or the district shall prescribe. When so assigned and performing such service, the justice shall

have all the powers and authority of an associate justice of the superior court, the family court, or

the district court but otherwise shall have no powers nor be authorized to perform any judicial

duties. Such a retired justice shall not be counted in the number of judges provided by law for the

superior court, the family court, or the district court.

this section shall at the direction of the chief justice of the supreme court, subject to the retiree's

physical and mental competence, be assigned to perform such services as an associate justice of

the supreme court as the chief justice of the supreme court shall prescribe. When so assigned and

performing such services, the retiree shall have all the powers and authority of an associate justice

of the supreme court, but otherwise he or she shall have no powers nor be authorized to perform

any judicial duties relating to the supreme court, except as authorized under section 8-1-1. Such a

retired justice shall not be counted in the number of justices provided by law for the supreme

court.

8-3-7.1. Retirement of justices on reduced pay -- Assignment as associate justices. --

(a) Whenever any person first engaged as a judge subsequent to [July 2, 1997] has served as a

justice of the supreme court, the superior court, the family court, the district court or any

combination thereof, for twenty (20) years, or has so served for ten (10) years and has reached the

age of sixty-five (65) years, said justice may retire from active service and thereafter said justice

shall receive annually during life a sum equal to three-fourths (3/4) of his or her average highest

three (3) consecutive years of compensation.

(b) Any justice in any of said courts who shall retire in accordance with the provisions of

this section or section 36-9-5 may, at his or her own request and at the direction of the chief

justice of the supreme court, subject to the retiree's physical and mental competence, be assigned

to perform such services as an associate justice of the superior court, or the family court or the

district court as the presiding justice of the superior court or the chief judge of the family court or

the district shall prescribe. When so assigned and performing such service, said justice shall have

all the powers and authority of an associate justice of the superior court, the family court, or the

district court but otherwise shall have no powers nor be authorized to perform any judicial duties.

Such a retired justice shall not be counted in the number of judges provided by law for the

superior court, the family court or the district court.