IN RE RULES GOVERNING ASSIGNMENT TO DUTY OF RETIRED JUSTICES AND JUDGES
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The Florida Supreme Court adopted rules governing the assignment of retired justices and judges to temporary judicial service. The rules establish procedures for retired judges to consent to temporary assignments, create an official roster, and authorize the Chief Justice to make assignments for up to 30 days at a time.
The Court adopted comprehensive rules requiring: (1) retired judges to file written consent with specific representations about their status and willingness to serve; (2) approval by four justices before enrollment on an official roster; (3) Chief Justice authority to assign roster members to service for up to 30 days, with consecutive assignments requiring Court approval; and (4) effective date of October 31, 1970.
[1] Retired justices and judges may be temporarily assigned to judicial service upon filing a consent form.
[2] A retired justice or judge's consent to temporary judicial service is effective upon approval by four justices of the Florida Supreme Court.
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A required representation from retired judges seeking assignment, ensuring they maintain judicial independence.
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Join FLexlaw to unlock all legal intelligenceThe case involves the establishment of administrative procedures for utilizing retired Florida justices and judges in temporary judicial service. Reti…
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1. Every retired Justice or Judge desiring to be assigned to Judicial Service under the provisions of Article V of the Florida Constitution, F.S.A., and applicable statutes shall file with the Clerk of this Court a consent therefor, which consent shall be in the following form and contain the information required thereby:
CONSENT TO BE ASSIGNED TO JUDICIAL SERVICE
To the Chief Justice and Justices of the Florida Supreme Court
I hereby consent to be assigned, temporarily, to Judicial Service in the courts of Florida where I am qualified to serve.
The following information is submitted to you in connection with this consent and as a basis for making such assignments as from time to time shall be expedient:
A. I served on the__ Court as an active member thereof from _ to_, a period of_years.
B. I retired from service _ and am presently a resident of_
C. My retirement compensation, if any, is $_
D. I am not engaged in the practice of law, directly or indirectly.
E. I am not engaged in any business activity or partisan politics that would interfere with the proper performance of judicial duties under the Code of Judicial Ethics.
F. If assigned to judicial service I will promptly dispose of all matters and perform all duties assigned to me.
*770G. I am able to perform effectively such judicial duties as will be assigned to me.
H. I am familiar with the method of determining extra compensation for such services and will maintain and submit to the Comptroller accurate records of all time served.
It is understood that I may withdraw this consent at any time. In such event, my name will be stricken from the assignment roster until a new application is filed and accepted by you.
2.Upon the filing of the above consent the same shall be delivered to the Chief Justice for action by the Court at an early conference. If said consent be approved by four justices, the name of said consenting justice or judge shall be enrolled on a “Retired Justice or Judge Official Roster” to be kept in the Clerk’s office.
3. The Chief Justice may temporarily assign any justice or judge whose name is on such Roster to Judicial Service on any court where he is qualified to serve for a continuous period not to exceed thirty (30) days on any one assignment — consecutive assignments of additional periods may be made only after approval by the Court.
4. Copies of this Rule shall be forwarded to all retired justices and judges in this State by the Clerk.
5. This Rule shall become effective October 31, 1970.
ERVIN, C. J., and ROBERTS, DREW, THORNAL, CARLTON, ADKINS and BOYD, JJ., concur.
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In re Rules Governing Assignment to Duty of Retired Justices and Judges, 239 So. 2d 254 (Fla. 1970)…ourts; provided, they can comply with and meet all applicable requirements prescribed for retired judges set forth in the order entitled: “In Re: Rules Governing Assignment to Duty of Retired Justices and Judges” filed June 24, 1970, and reported in 236 So. 2d 769-770 (Fla.). It is further ordered that expenses and compensation for the judicial services of such assigned retired judges below circuit judges level shall be paid from appropriate available funds of the county or of the court for which the assignm…