2005 Idaho Code - 1-2221 — SENIOR JUDGE -- ASSIGNMENT -- DUTIES AND POWERS -- COMPENSATION AND EXPENSES -- QUALIFICATIONS AND OATH

                                   TITLE  1
                          COURTS AND COURT OFFICIALS
                                  CHAPTER 22
                          MAGISTRATE DIVISION OF THE
                                DISTRICT COURT
    1-2221.  SENIOR JUDGE -- ASSIGNMENT -- DUTIES AND POWERS -- COMPENSATION
AND EXPENSES -- QUALIFICATIONS AND OATH. (1) A magistrate judge who leaves
office or retires from the magistrates division of a district court, except a
magistrate judge retired under the provisions of section 59-1352, Idaho Code,
may be designated a senior judge of the state of Idaho by the supreme court.
    (2)  Upon filing with the secretary of state an oath of office as a senior
judge as prescribed in subsection (7) of this section, a senior judge is
eligible for temporary assignment, with the consent of the senior judge, by
the supreme court to a state court as provided in this subsection, whenever
the supreme court determines that the assignment is reasonably necessary and
will promote the more efficient administration of justice. A senior judge may
sit as a judge of the district court of any county or may sit with the supreme
court or court of appeals or may perform such other duties pertaining to the
judicial department of government as may be requested.
    (3)  The assignment of a senior judge shall be made by an order which
shall designate the court or duties to which the senior judge is assigned and
the duration of the assignment. Promptly after assignment of a senior judge
under this section, the supreme court shall cause a certified copy of the
order to be sent to the senior judge and another certified copy to the court
to which the senior judge is assigned.
    (4)  Each senior judge assigned as provided in this section has all the
judicial powers and duties, while serving under the assignment, of a regularly
qualified judge  of the court to which the senior judge is assigned.
    (5)  A senior judge assigned as provided in this section shall receive as
compensation for each day the senior judge is actually engaged in the
performance of duties under the assignment an amount equal to eighty-five
percent (85%) of the daily salary of an active magistrate judge. However, a
retired magistrate judge shall not receive for services as a senior judge
during any fiscal year a sum of money which when added to the amount of any
judicial retirement pay received by the senior judge for the year exceeds the
current annual salary of an active magistrate judge; except that this
limitation shall not apply if the chief justice of the supreme court
determines that extended service by one (1) or more senior judges is required
because of extraordinary circumstances, such as a natural disaster or a
judge's absence from service due to military service or medical disability.
Services by a senior judge under an assignment and receipt of compensation for
services shall not reduce or otherwise affect the amount of any retirement pay
to which the senior judge otherwise would be entitled. Such additional
compensation above the retirement compensation benefits accruing to such
senior judge shall be paid from the general fund in accordance with
appropriations provided by the legislature.
    (6)  A senior judge assigned to a court located outside the county in
which the senior judge regularly resides shall receive, in addition to any
daily compensation, reimbursement for traveling and subsistence expenses
necessarily incurred in the performance of duties under the assignment. The
expenses shall be paid upon presentation of an itemized statement of the
expenses, certified by the senior judge to be correct.
    (7)  To be eligible for assignment, a senior judge must: maintain a
residence within the state; not engage in the practice of law other than as a
mediator or arbitrator or similar alternate dispute resolution function; not
accept a position in another branch of state government or any political
subdivision; not accept a position in the government of the United States or
of another state or nation; and take, subscribe and file with the secretary of
state, the following oath or affirmation:
    "I, ..............., do solemnly swear (or affirm, as the case may
    be) that as a senior judge of the state of Idaho, I will support the
    Constitution of the United States and the Constitution of the State
    of Idaho, and that upon hereafter accepting any assignment to serve
    as a senior judge of a court of this state I will faithfully
    discharge the duties thereof to the best of my ability.".
    (8)  Any period of service rendered by a senior judge shall not in any way
be computed for additional retirement benefits, and the state controller shall
not receive or deduct any sum for transfer to the public employee retirement
system of Idaho.

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