SECTIONS 68540.7-68550 - California Statutes

GOVERNMENT CODE

SECTION 68540.7-68550

68540.7. Any judge assigned to a court wherein a judge's
compensation is greater than his or her own shall receive while
sitting therein the compensation of a judge thereof. The extra
compensation shall be paid in such manner as may be provided by law.

68543. The extra compensation and expenses for travel, board, and
lodging of judges sitting in the Supreme Court and courts of appeal
under assignments made by the Chairperson of the Judicial Council
shall be paid by the state under the rules adopted by the California
Victim Compensation and Government Claims Board that are applicable
to officers of the state provided for in Article VI of the California
Constitution while traveling on official state business.

68543.5. (a) Whenever a judge who has retired under the Judges'
Retirement System or the Judges' Retirement System II is assigned to
serve in a court of record, the state shall pay the judge for each
day of service in the court in the amount specified in Section
68543.7, without loss or interruption of retirement benefits, unless
the judge waives compensation under this section. Whenever a retired
judge of a justice court who is not a member of the Judges'
Retirement System nor the Judges' Retirement System II is assigned to
serve in a court of record, the state shall pay the judge for each
day of service in the court in the amount specified in Section
68543.7, or the compensation specified in Section 68541, whichever is
greater. The compensation shall be paid by the Judicial Council out
of any appropriation for extra compensation of judges assigned by the
Chairperson of the Judicial Council.
(b) If a judge who has retired under the Judges' Retirement System
or the Judges' Retirement System II is assigned to serve in a court
of record, the 8-percent difference between the compensation of the
retired judge while so assigned and the compensation of a judge of
the court to which the retired judge is assigned shall be paid to the
Judges' Retirement Fund or the Judges' Retirement System II Fund, as
applicable.
(c) During the period of assignment, a retired judge shall be
allowed expenses for travel, board, and lodging incurred in the
discharge of the assignment. When assigned to sit in the county in
which he or she resides, the judge shall be allowed expenses for
travel and board incurred in the discharge of the assignment. The
expenses for travel, board, and lodging shall be paid by the state
under the rules adopted by the California Victim Compensation and
Government Claims Board that are applicable to officers of the state
provided for in Article VI of the California Constitution while
traveling on official state business.
(d) Notwithstanding subdivisions (a), (b), and (c) pertaining to
compensation, a retired judge on senior judge status shall receive
compensation from the state as provided in Sections 75028 and
75028.2, and shall be allowed expenses for travel, board, and lodging
incurred in the discharge of the assignment as provided in this
section.

68543.7. Subject to funding in the Budget Act, the Chief Justice
shall make available by assignment the equivalent of 50 additional
full-time judges. A judge retired under the Judges' Retirement System
or the Judges' Retirement System II sitting on assignment in a trial
court shall be paid in the amount of 92 percent of 1/250th of the
annual salary of a judge of the court to which he or she is assigned
for each day of service in the court.

68543.8. (a) The Legislature finds that there is a shortage of
judicial officers available to provide temporary assistance to courts
in rural counties, under assignment by the chief justice. When
courts are unable to obtain temporary assistance, delay of both civil
trials and case settlements occur. The availability of an assigned
judge can substantially reduce these delays. The purpose of this
section is to make judicial assistance more available.
(b) The Judicial Council shall contract with up to 10 retired
judges who shall be available to be assigned up to 110 court days
each year by the Chairperson of the Judicial Council to courts in
counties that have requested these judges for purposes of reducing
delays in civil trials in those courts. If counties request more than
10 retired judges pursuant to this section, the Judicial Council
shall give priority in assigning the retired judges to counties with
fewer than 10 judges.
A judge under contract pursuant to this section shall serve as
assigned during the period of the contract and waives any right to
refuse assignment as otherwise provided by law. This section shall
not be construed to limit the authority of the Chief Justice to make
assignments to expedite judicial business and to equalize the
workload of judges.
(c) Notwithstanding Section 68543.5, each judge under contract
pursuant to this section shall receive one-half of the daily salary
of a superior court judge for each day of service, in addition to any
retirement benefits to which the judge may be entitled.
(d) The assigned judge's salary shall be paid by the state. A
retired judge under contract pursuant to this section shall be
allowed expenses for travel, board, and lodging incurred in the
discharge of each assignment. When assigned to sit in the county in
which he or she resides, the judge shall be allowed necessary and
reasonable expenses for travel and board incurred in the discharge of
the assignment. The expenses for travel, board, and lodging shall be
paid by the state under the rules adopted by the California Victim
Compensation and Government Claims Board that are applicable to
officers of the state provided for in Article VI of the California
Constitution while traveling on official state business.

68544. When the judge files a claim, the Judicial Council shall
draw warrants for the payment of extra compensation or expenses as
provided in this article.

68545. The payments by the state toward the extra compensation and
expenses provided in this article shall be made from the money
appropriated for the support of the Judicial Council.

68547. (a) For the purposes of this article, a judge or justice is
deemed to serve or sit under assignment on each day during which it
is necessary for him or her on account of the assignment to serve in
a substantial way on the court to which assigned, to travel to or
from such court, or to be absent from his or her residence. If a
judge so serves under assignment in one or more courts during all
days other than Saturdays, Sundays, and holidays in any period of 30
or more consecutive days (inclusive of Saturdays, Sundays, and
holidays), he or she shall be deemed also to have served or sat in
such court or courts on all Saturdays, Sundays, and holidays during
or immediately preceding that period.
If a judge who serves his or her court on a part-time basis has
completed the business of the home court for all days affected by any
assignment, compensation attributable to the home court shall only
be deducted from the amounts to be paid pursuant to Section 68540.7
for the days the judge is serving on assignment to the extent
necessary to limit the assigned judge's total judicial compensation
for the month to the amount earned by a regular judge of the court to
which the judge is assigned.
(b) This section shall become operative on January 1, 2001.

68548. Each judge assigned by the Chairman of the Judicial Council
to another court of a like or higher jurisdiction pursuant to Section
6, Article VI, of the State Constitution has no authority to refuse
such assignment and shall forthwith accept such assignment and shall
sit and hold court as so assigned.

68549. (a) A judge who has been defeated in an election for his or
her office and who, before his term of office expires, elects to
leave his or her accumulated contributions in the fund pursuant to
Section 75033, or to receive benefits pursuant to Section 75033.5,
shall not be deemed a retired judge within the meaning of Section 6
of Article VI of the California Constitution.
(b) Except as provided in subdivision (a), any judge whose
position is terminated by court annexation, merger, closure, or
consolidation, or who retires or resigns from office, and who has a
vested interest under a public employees' retirement system as a
result of service as a judge, and who has been a member of the State
Bar for at least five years or who has served as a judge of a court
of record, shall be deemed a retired judge within the meaning of
Section 6 of Article VI of the California Constitution.

68550. The Judicial Council shall adopt a rule of court requiring
every trial court to adopt, by January 2000, a requirement limiting
jury service to either one trial, or one day on call, per individual,
except in those counties which can demonstrate good cause why such a
requirement is impractical.