Compensation and Expenses — Inability of Judge to Serve — Replacement

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  1. The compensation of the judges of the court of criminal appeals shall be the same as that received by the judges of the court of appeals.
  2. The necessary travel expense and per diem allowance incurred by the judges in the performance of their official duties under this part shall be paid and reimbursed by the state in the same manner as authorized for the judges of the supreme court and court of appeals.
    1. When a judge of the court of criminal appeals is unable to perform the duties of office on account of absence, sickness, disqualification or other disability, the judge or the clerk of the court shall advise the chief justice of the supreme court of the inability to serve and when so advised, the chief justice may assign a judge of the supreme court, a judge of the court of appeals, a circuit or criminal judge or chancellor or a retired judge of any of those courts to the court of criminal appeals to serve such time as the chief justice may direct, except when it appears to the chief justice that the absence, sickness, disqualification or other disability of a judge of the court of criminal appeals may be protracted, the chief justice shall certify this fact to the governor and the governor shall have the power to commission a person to fill the vacancy during the inability of the judge to serve.
    2. The compensation and expense allowance for the appointed judges shall be the same as for regular judges with proper adjustments being made in the compensation of retired judges or judges of trial courts when serving on the court of criminal appeals so that the maximum received by them will not exceed the pay of the regular judges.


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