Bill Text: NJ A1578 | 2024-2025 | Regular Session | Introduced
Bill Title: Increases per diem allowance of recalled judge.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-01-09 - Introduced, Referred to Assembly Judiciary Committee [A1578 Detail]
Download: New_Jersey-2024-A1578-Introduced.html
STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Assemblywoman VICTORIA A. FLYNN
District 13 (Monmouth)
SYNOPSIS
Increases per diem allowance for recalled judge.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning recalled judges and amending P.L.1978, c.67, P.L.1973, c.140, and R.S.34:15-49.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 4 of P.L.1978, c.67 (C.52:14F-4) is amended to read as follows:
4. Permanent administrative law judges shall be appointed by the Governor with the advice and consent of the Senate to initial terms of one year. During this initial term, each judge shall be subject to a program of evaluation as delineated in section 5 of P.L.1978, c.67 (C.52:14F-5). First reappointment of a judge after this initial term shall be by the Governor for a term of four years and until the appointment and qualification of the judge's successor.
Administrative law judges nominated by the Governor before July 1, 1981 shall, upon their confirmation by the Senate, serve for terms of five years and until the appointment and qualification of their successors.
Subsequent reappointments of a judge shall be by the Governor with the advice and consent of the Senate to terms of five years and until the appointment and qualification of the judge's successor. The advice and consent of the Senate, as provided in this section, shall be exercised within 45 days after a nomination for appointment has been submitted to the Senate, and if no action has been taken within the 45-day period, the nomination shall be deemed confirmed. This 45-day period shall not apply to any person nominated by the Governor for the position of administrative law judge prior to July 1, 1981.
The annual salary for an administrative law judge during the initial term of one year shall be equal to [75%] 75 percent of the annual salary of a Judge of the Superior Court. The annual salary for a judge during the first year of the first reappointment shall be increased to [78 2/3 %] 78 and 2/3 percent of the annual salary of a Judge of the Superior Court. Upon receipt of satisfactory annual evaluations, the annual salary for a judge shall be increased to [81 2/3 %] 81 and 2/3 percent of the annual salary of a Judge of the Superior Court for the second year of the first reappointment and to [85%] 85 percent of the annual salary of a Judge of the Superior Court for the third year of the first reappointment. The annual salary shall be [85%] 85 percent of the annual salary of a Judge of the Superior Court for the fourth year of the first reappointment and for each year of subsequent reappointments thereafter.
In addition to salary, an administrative law judge regularly assigned as an assignment judge shall receive $2,500 annually as additional compensation, and a judge regularly assigned other administrative or supervisory duties shall receive $1,500 annually as additional compensation.
All administrative law judges, including the Chief Administrative Law Judge, shall be retired upon attaining the age of 70 years, except that any administrative law judge who has retired on pension or retirement allowance may, with the judge's consent, be recalled by the Director/Chief Administrative Law Judge of the Office of Administrative Law for service as a recalled judge in the Office of Administrative Law. [No] A recalled judge shall not serve beyond his 80th birthday.
Upon such recall the retired judge shall have all the powers of an administrative law judge and shall be paid a per diem allowance [fixed by the Director/ Chief Administrative Law Judge] in the sum of $750. In addition the recalled judge shall be reimbursed for reasonable expenses actually incurred by [him] the judge in connection with his assignment and shall be provided with [such] any facilities as may be required in the performance of his duties. [Such] The per diem compensation and expenses shall be paid by the State. Payment for services and expenses shall be made in the same manner as payment is made to the judges of the Office of Administrative Law from which [he] the judge retired.
(cf: P.L.2005, c.6, s.1)
2. Section 13 of P.L.1973, c.140 (C.43:6A-13) is amended to read as follows:
13. a. [No] A member of the retirement system shall not, 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.
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] the justice's 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] the judge's 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] the justice or judge is assigned and shall be paid a per diem allowance [fixed by the Supreme Court in accordance with its rules] in the sum of $750, provided however that in no event shall [he] the justice or judge receive a salary which together with [his] the justice's or judge's pension or retirement allowance exceeds the current salary of a justice or judge of the court from which [he] the justice or judge retired. In addition the recalled justice or judge shall be reimbursed for reasonable expenses actually incurred by [him] the justice or judge in connection with [his] the assignment and shall be provided with [such] any facilities as may be required in the performance of [his] the justice's or judge's duties. [Such] The 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] the justice or judge 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)
3. R.S.34:15-49 is amended to read as follows:
34:15-49. a. The Division of Workers' Compensation shall have the exclusive original jurisdiction of all claims for workers' compensation benefits under this chapter. The judges of the Division of Workers' Compensation shall hereinafter be appointed on a bipartisan basis by the Governor, with the advice and consent of the Senate, to initial terms of three years at an annual salary, for the first year, in an amount equal to [75%] 75 percent of the annual salary of a Judge of the Superior Court. During the initial three-year term, each judge shall be subject to a program of evaluation developed by the Director of the Division of Workers' Compensation. Upon receipt of a satisfactory annual evaluation from the director, the annual salary of a nontenured judge shall be increased to [78 2/3%] 78 and 2/3 percent of the annual salary of a Judge of the Superior Court after one year; [81 2/3%] 81 and 2/3 percent of the annual salary of a Judge of the Superior Court after two years; and, after three years and upon tenure as provided pursuant to the provisions of this section, the annual salary of a tenured judge of compensation shall be [85%] 85 percent of the annual salary of a Judge of the Superior Court. Reappointment of a judge shall be by the Governor, with the advice and consent of the Senate. The director's evaluations shall be made available to the Senate Judiciary Committee if the candidate has been renominated by the Governor. Upon confirmation after the initial three-year term, a judge of the Division of Workers' Compensation shall have tenure, and shall serve during good behavior. All judges of compensation appointed prior to the effective date of P.L.1991, c.513 shall continue to have tenure and shall continue to serve during good behavior. The annual salary of the director shall be [89%] 89 percent of the annual salary of a Judge of the Superior Court. The Chief Judge of Compensation shall be the Director of the Division of Workers' Compensation and may be known as the Director/Chief Judge of the division.
In addition to salary, a judge of compensation regularly assigned as an administrative supervisory judge of compensation by the director shall receive additional compensation of $2,500 per annum during the period of [such] the assignment; and a judge of compensation regularly assigned as a supervising judge of compensation by the director shall receive additional compensation of $1,500 per annum during the period of [such] the assignment.
Judges of compensation shall not engage in the practice of law, shall devote full time to their judicial duties, and shall have been licensed attorneys in the State of New Jersey for 10 years prior to their appointments. The director of the division shall have the same qualifications for appointment and be subject to the same restrictions as a judge of compensation.
All judges of compensation shall be retired upon attaining the age of 70 years, except that any judge of compensation who has retired on pension or retirement allowance may, with the judge's consent, be recalled by the Director /Chief Judge of the Division of Workers' Compensation for service as a recalled judge in the Division of Workers' Compensation. [No] A recalled judge shall not serve beyond his 80th birthday.
Upon [such] recall the retired judge shall have all the powers of a judge of compensation and shall be paid a per diem allowance [fixed by the Director/Chief Judge of the Division of Workers' Compensation] in the sum of $750. In addition the recalled judge shall be reimbursed for reasonable expenses actually incurred by him in connection with [his] the judge's assignment and shall be provided with such facilities as may be required in the performance of [his] the judge's duties. [Such] The per diem compensation and expenses shall be paid by the State. Payment for services and expenses shall be made in the same manner as payment is made to the judges of the Division of Workers' Compensation from which [he] the judge retired.
b. An increase in an annual salary of a judge or the director under subsection a. of this section that results due to the increase in the salary of a Judge of the Superior Court provided in N.J.S.2B:2-4 as amended in section 1 of P.L.1995, c.424 (N.J.S.2B:2-4) shall not be granted until July 1, 1996.
(cf: P.L.2005, c.6, s.3)
4. This act shall take effect
immediately.
STATEMENT
This bill increases the per diem allowance of recalled judges to $750.
Under current law, the per diem allowance for recalled judges is fixed by the relevant court. This means that: pursuant to N.J.S.A.52:14F-4, for recalled administrative law judges, the allowance is fixed by the Director or Chief Administrative Law Judge; pursuant to N.J.S.A.43:6A-13, for recalled Supreme Court justices, the allowance is fixed by Supreme Court in accordance with its rules; and pursuant to N.J.S.A.34:15-49, for recalled Workers Compensation judges, the allowance is fixed by the Director or Chief Judge of the Workers Compensation Division.
This bill would set the per diem allowance for each of these recalled judges at $750 and remove the authority of the relevant court to set the per diem allowance for recalled judges of these courts.
