Judicial sabbatical program.

WORKING DRAFT
2007
STATE OF
WYOMING
07LSO-0454

HOUSE BILL
NO.
HB0109

Judicial sabbatical program.

Sponsored by:
Representative(s) Gingery and Olsen

A BILL

for

AN ACT relating to
courts; authorizing a judicial sabbatical program; providing for program administration;

establishing an account;
providing for assignments for absent circuit judges generally;
providing an appropriation
and providing for a continuous appropriation
;
and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.
W.S.
5
‑
2
‑
601 is created to read:

ARTICLE 6
JUDICIAL SABBATICAL
S

5
‑
2
‑
601.

Judicial sabbatical program; account established; program operation.

(a)

There is established a judicial sabbatical program account to be administered by the supreme court in accordance with the provisions of this
section
.
Monies in the account
are continuously appropriated to the supreme court and
may be expended by the supreme court for salaries
, benefits
and expenses of active or retired judges assigned to perform the duties of a judge granted a sabbatical under
a program adopted by rule of the supreme court, if the program complies with the provisions of this section.

Notwithstanding W.S. 5
‑
3
‑
108, 5
‑
3
‑
109 and 5
‑
9
‑
119, salaries
, benefits
and expenses of judges assigned to act for a judge granted a sabbatical
pursuant to this section
shall be paid from the judicial sabbatical program account.

Appropriations to the account shall not lapse at the end of any fiscal period. Any unexpended balance in the account shall be invested by the state treasurer and the interest earned shall be credited to the account
.

(b)

The supreme court
by rule may
implement a judicial
sabbatical program
which:

(i)

Is
designed to promote improved access, efficiency and effectiveness in the judicial system;

(ii)

Authorize
s
paid or unpaid sabbaticals only to circuit court judges, district court judges and supreme court justices who:

(A)

Immediately prior to being granted a sabbatical, have served at least seven (7) consecutive years as a
Wyoming

circuit or district court judge or supreme court justice
. The
required
seven (7) years need not have been served in the same position;
and

(B)

Subject to applicable election retention requirements, agree to serve at least three (3) years as a
Wyoming

circuit court or district court judge or supreme court justice
and to repay any paid sabbatical if he bre
a
ches that agreement.

(iii)

Authorize
s
a paid sabbatical for any individual for not more than a period of one hundred twenty (120) days and
for
not more than one (1) time in any eight (8) year period
;

(iv)

Restricts paid sabbaticals in
accordance
with available funds in the judicial sabbatical program account
.

(c)

Any judge or justice granted a paid sabbatical pursuant to this section shall be deemed to have rendered services to the state during the authorized sabbatical period and shall be entitled to full salary and related benefits authorized by law.

(d)

Any paid sabbatical authorized under this section shall be s
ubject to constitutional and statutory provisions concerning when salar
y

increases
can become effective
.

Section 2.
W.S. 5
‑
3
‑
107
and

5
‑
9
‑
119
(
b
)
are
amended to read:

5
‑
3
‑
107.

Assignment of acting or retired judge to another district in case of death or other emergency.

If any judge of any district court in this state shall die, or for any reason become unwilling or unable to perform the duties of his office,
or be granted a sabbatical in accordance with W.S.
5
‑
2
‑
601
,

the chief justice of the supreme court of the state of Wyoming, by order to be duly entered in the records of the district court of each county in such district, may assign any district judge or any retired judge of this state, to perform any and all judicial functions therein, until
the judge returns to duty or

a successor for such district shall have been appointed or elected and qualified according to law, and such assigned judge shall have the same jurisdiction and authority in such district as a duly elected and qualified judge of such district.

5
‑
9
‑
119.

Judges may hold court for each other; expenses of judge holding court in another circuit or district; disqualification of judge; change of venue prohibited.

(b)

A party to any action in circuit court may disqualify a circuit judge as provided by rules adopted by the supreme court for disqualification. Upon disqualification,
or inability for any reason to fulfill his duties,
the circuit judge shall appoint another circuit judge from his own or a different circuit or a district judge from his own or a different district, or a magistrate from the county in which the case is to be tried if no other circuit judge is available, to try the action.
If a circuit court judge is granted a sabbatical in accordance with W.S. 5
‑
2
‑
601,
or for any reason is unwilling or unable to perform the duties of his office,

the chief justice of the supreme court of the state of Wyoming, by order to be duly entered in the records of the
circuit
court of each county
served by that

circuit court
, may assign any
circuit court
judge or any retired judge of this state, to perform any and all judicial functions therein, until the judge returns to duty
.

Section 3.
There is appropriated to the judicial sabbatical program account
from the general fund
one hundred thousand dollars ($100,000.00)
.

Section 4.
This act is effective July 1, 2007.

(END)

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HB0109