ASSEMBLY, No. 2604

STATE OF NEW JERSEY

INTRODUCED DECEMBER 16, 1996

By Assemblymen ARNONE, STUHLTRAGER, Corodemus, Garcia, Charles, Assemblywoman Farragher and

Assemblyman Holzapfel

An Act concerning the practice of law by retired judges and amending P.L. 1973,c.140.

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. Section 13 of P. L. 1973, c.140 (C.43:6A-13) is amended to read as follows:

    13. a. No member of the retirement system shall, 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. Nothing in this subsection shall be construed to prohibit a member of the retirement system who is not serving on a recall basis pursuant to this section from representing parties before auto arbitration panels or from serving as an attorney in matters before State or local administrative agencies.

    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 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 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 is assigned and shall be paid a per diem allowance fixed by the Supreme Court in accordance with its rules, provided however that in no event shall he receive a salary which together with his pension or retirement allowance exceeds the current salary of a justice or judge of the court from which he retired. 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. Such 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 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)

    2. This act shall take effect immediately.

STATEMENT

    Under the provisions of the "Judicial Retirement System Act," (N.J.S.A.43:6A-1 et seq.), retired Supreme Court jurists and Superior Court judges while permitted to practice law, are not permitted to appear in any State court. This bill would clarify that this prohibition against appearing in court should not be construed as prohibiting retired jurists from representing parties before auto arbitration panels or from serving as an attorney in matters before State or local administrative agencies such as zoning and planning boards.

Clarifies the rights of retired members of the judicial retirement system with regard to the practice of law.