Assignment of retired justices and judges to sit in court

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  • (a) In addition to the justices appointed under subsection 22(a), the Chief Justice may appoint any judge of a court of record in the Virgin Islands or any senior or retired justice to sit as a designated justice of the Supreme Court of the Virgin Islands. A retired judge may also be appointed as a designated justice of the Supreme Court, but only with the judge's consent. An appointment as a designated justice shall be for any specific cases that a regular justice of the Court is unable to hear for any reason, including illness, absence or a conflict of interest. The designated justice shall sit as assigned by the Chief Justice, and while sitting shall have all the powers of an associate justice.

  • (b) Subject to rules of the Supreme Court of the Virgin Islands,

    • (1) A justice of the Supreme Court who has retired on a 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; or

    • (2) A justice of the Supreme Court who is eligible for retirement, other than by disability, with the prior consent of a majority of the members of the Court, may elect to retire and be designated a senior justice; and

    • (3) A judge of the Superior Court who has retired on retirement allowance may, with his consent, be recalled by the Supreme Court for temporary service within the judicial system.

  • (c) Upon such recall or designation under subsection (a) or (b), the retired justice or judge shall have all the powers of a justice or judge of the court to which he is assigned, and while performing the duties of a justice or judge, shall be furnished office space, support staff, a telephone, and supplies as are furnished a justice of the Court. As compensation, a recalled or designated justice or judge shall receive a per-diem allowance fixed by the rules of the Supreme Court. 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. The per-diem compensation and expenses shall be paid by the Supreme Court or Superior Court, as provided by rules.

  • (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) Nothing in this section may be construed to increase the number of justices of the Supreme Court provided for in section 21 of this chapter.


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