(a) Whenever the commission shall, after investigation and hearing, determine that
a judge has a physical or mental disability that seriously interfered and will continue
to interfere with the performance of his or her duties, it may recommend to the supreme
court the retirement of the judge, saving to the judge all retirement benefits that
have accrued to him or her, if any. The investigation, hearing, and recommendation shall be confidential. A justice of the supreme court may not be retired under this section without his
or her consent, and where consent to the retirement is withheld, a further recommendation
shall be made to the speaker of the house of representatives to initiate proceedings
for the removal of the judge pursuant to the provisions of article X, section 4 of the constitution.
(b) Whenever any judge has served in judicial office without having reached the prescribed
age that would entitle him or her to retirement benefits, the commission, proceeding
pursuant to subsection (a) of this section, may recommend to the supreme court that
the judge be retired and that his or her pension rights be accelerated to become effective
as of the date of his or her retirement. The supreme court may endorse the recommendation and may forward the recommendation
to the general assembly for appropriate legislative action in order that his or her
pension rights be so accelerated. Judges retired under this section shall be deemed to have retired voluntarily. Any judge shall be disqualified and prohibited from acting in his or her judicial
capacity while any recommendation for his or her retirement, based upon physical or
mental disability, is pending before the supreme court; provided, however, that the
disqualification shall be without loss of compensation.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
Was this helpful?
Welcome to FindLaw's Cases & Codes
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.