CHAPTER 241

FORMERLY

SENATE BILL NO. 502

AN ACT TO AMEND CHAPTER 59 OF TITLE 29, DELAWARE CODE BY PROVIDING FOR THE ASSIGNMENT OF RETIRED JUSTICES AND STATE JUDGES TO ACTIVE DUTY.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §5610 of Chapter 59, Title 29, Delaware Code by striking paragraph (a) and (b) of said section and by inserting in lieu thereof the following new paragraphs:

"(a) (1) Any judge retired from a statutorily created court and receiving a judicial pension may be designated by the Chief Justice of the Supreme Court to perform such judicial duties in any court where such retired judge could serve if he still held the judicial position from which he retired; provided, however, that such retired judge assents to such designation and provided further that such retired judge is not actively engaged in the practice of law.

(2) Any justice, judge, chancellor or vice chancellor who is retired and receiving a judicial pension may be designated by the Chief Justice of the Supreme Court pursuant to a constitutional or statutory authority to sit temporarily in the court from which he retired or in any other court to which he could be designated under the constitution and statutes of the State if he still held the judicial position from which he retired; provided however, that such retired justice, judge, chancellor or vice chancellor assents to such designation, is not actively engaged in the practice of law and provided further that no former justice, judge, chancellor or vice chancellor shall be designated to sit in the Supreme Court except temporarily to fill up the number of that Court to the required quorum."

(b) Any retired justice, judge, chancellor or vice chancellor accepting an active duty designation pursuant to a constitutional or statutory authorization shall be compensated on a per diem basis of $150 per day, but in no event shall the total compensation received on a per diem basis when added to his retirement pay exceed the then current annual salary of the judicial position from which such justice, judge, chancellor or vice chancellor has retired. In addition, each retired justice, judge, chancellor or vice chancellor so serving shall receive reimbursement for expenses for travel or secretarial services necessarily incurred for the performance of such active duty."

Approved May 13, 1982.