20-2616. Designation and assignment of retired justices and judges to perform judicial service and duties; revocation; powers; compensation and expense allowances, limitation.
20-2616
20-2616. Designation and assignment of retired justices and judges toperform judicial service and duties; revocation; powers; compensation andexpense allowances, limitation.(a) Any retired justice of the supreme court, retired judge of the courtof appeals, retired district judge or retired associate district judgemay be designated and assigned to perform such judicial service andduties as such retired justice or judge is willing to undertake.Designation and assignment of a retired justice or judge in connection withany matter pending in the supreme court shall be made by the supremecourt. Designation and assignment of a retired justice or judge in connectionwith any matter pending in any other court, including any court locatedwithinthe judicial district in which the justice or judge resides, or to performany other judicialservice or duties shall be made by the chief justice of the supremecourt. Any such judicial service or duties shall include necessarypreparation and other out-of-court judicial service for hearings or fordeciding matters or cases in conjunction with the judicial services andduties assigned under this section. Any designation and assignment maybe revoked in the same manner and all such designations and assignmentsand revocations shall be filed of record in the office of the clerk ofthe court to which such assignment is made.
(b) A retired justice or judge so designated and assigned to performjudicial service or duties shall have the power and authority to hearand determine all matters covered by the assignment.
(c) Except as otherwise provided in this section, each retiredjustice or judge who performs judicial service or duties under thissection shall receive (1) per diem compensation at the rate of per diemcompensation in effect under K.S.A. 46-137a, and amendmentsthereto, (2) a per diem subsistence allowance at the per diemsubsistence allowance rate in effect under K.S.A. 46-137a, andamendments thereto, (3) a mileage allowance at the rate fixed underK.S.A. 75-3203a, and amendments thereto, and (4) allactualand necessary expenses for other than subsistence or travel, includingnecessary stenographic assistance, as may be incurred in performing suchservice or duties.
(d) No retired justice or judge shall be entitled to receive perdiem compensation under this section for any day in a fiscal year afterthe date that the total of (1) the amount of per diem compensationearned under this section during that fiscal year and (2) the amount ofthe retirement annuity payable to such retired justice or judge for thatfiscal year under the retirement system for judges, becomes equal to ormore than the amount of the current annual salary of a district judgepaid by the state under K.S.A. 75-3120g, andamendmentsthereto, but such retired justice or judge shall receive the subsistenceallowance, mileage allowance and actual and necessary expenses asprovided under this section after such date.
(e) As used in this section, a retired justice or judge shall not includethosejustices or judges who were not retained in office, were not reelected tooffice,have been impeached from office or removed by the supreme court fromoffice.
History: L. 1967, ch. 191, § 1; L. 1972, ch. 109, § 1; L.1976, ch. 145, § 94; L. 1980, ch. 94, § 2; L. 1981, ch. 137, § 1;L. 1993, ch. 42, § 1; July 1.