Senator JON M. BRAMNICK
District 21 (Morris, Somerset and Union)
Permits retired judges to practice law while receiving pension or retirement allowance.
CURRENT VERSION OF TEXT
An Act permitting the practice of law by retired judges receiving a pension or retirement allowance and amending P.L.1973, c.140.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 13 of P.L.1973, c.140 (C.43:6A-13) is amended to read as follows:
13. a. [No member of the retirement system shall, while receiving a pension or retirement allowance pursuant to this act, engage in the practice of law before any of the courts of this State.] (Deleted by amendment, P.L. , c. )(pending before the Legislature as this bill)
b. Subject to rules of the Supreme Court, any justice of the Supreme Court who has retired on pension or retirement allowance may, with his consent, be recalled by the Supreme Court for temporary service in the Supreme Court or elsewhere within the judicial system, and any judge of the Superior Court, juvenile and domestic relations court, county district court or tax court who has retired on pension or retirement allowance may, with his consent, be recalled by the Supreme Court for temporary service within the judicial system other than the Supreme Court.
c. Upon such recall the retired justice or judge shall have all the powers of a justice or judge of the court to which he is assigned and shall be paid a per diem allowance fixed by the Supreme Court in accordance with its rules, provided however that in no event shall he receive a salary which together with his pension or retirement allowance exceeds the current salary of a justice or judge of the court from which he retired. In addition the recalled justice or judge shall be reimbursed for reasonable expenses actually incurred by him in connection with his assignment and shall be provided with such facilities as may be required in the performance of his duties. Such per diem compensation and expenses shall be paid by the State.
d. Payment for services and expenses shall be made in the same manner as payment is made to the justices or judges of the court from which he retired.
e. The Supreme Court is empowered to adopt such rules as it deems necessary or appropriate for the prompt and efficient administration of justice in furtherance of the purposes of this act.
(cf: P.L.1990, c.45, s.1)
2. This act shall take effect immediately.
This bill removes the statutory prohibition on retired judges from engaging in the practice of law before State courts while receiving a pension or retirement allowance from the Judicial Retirement System.