Retired Judges Temporarily Called Back to Active Duty
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March 15th, 2012
Phoenix, Arizona: In Arizona, presiding judges are authorized by the Arizona Constitution to temporarily call back retired judges to active duty. However, the term "temporarily" is not defined in the Arizona Constitution and has drawn concern.[1]
Active superior court judges in Arizona earn around $150,00 dollars a year, and when they retire 80 percent of their previous annual salary is paid to them, including medical, dental, and vision benefits. In addition to these benefits, a retired judge may receive 4 percent per year cost of living allowance increases.[1]
Another concern brought forth deals with the fact that the Arizona Constitution has nothing in it that requires cases assigned to retired judges called back to active duty. Furthermore, there is no retention process for retired judges called back to active duty, and therefore they may be kept on by administrative order for 10 years. Active judges are subject every four years to public scrutiny.[1]
Other questions that have arisen include:[1]
- Are these formerly retired judges assigned cases on a routine basis as if they never retired?
- Are these judges paid the difference between their retirement and salary whether or not they are assigned any cases just to be available or are they paid a prorated hourly rate based on time worked?
- Why would an administrative order be issued to expire in 10 years when several of the judges on the list could be in their 90s, or perhaps have passed away before the order expires?
- Are there not any concerns over the potential for dementia or Alzheimers when issuing a blanket order calling retired judges to active duty for 10 years?
Recently, Dr. James Houston, who is a former Northern Arizona University instructor and is now a licensed special education teacher, filed a petition for special action to be taken. His petition asked the Arizona Court of Appeals to find the practice of appointing retired judges to temporary active duty for a period of ten years unconstitutional.[1]
According to Dr. Houston, the legal question raised here is whether or not the practice of appointing retired judges to temporary active duty for 10 years violates the Arizona Constitution. Houston feels that these judges have forgotten the responsibility of safeguarding the common good, and stated that, "These judges have replaced ‘We the People’ with me, myself and I.”[1]
While some may argue this is not true, questions still remain about the current practice of appointing retired judges to active duty.
See also
Footnotes
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Federal courts:
Ninth Circuit Court of Appeals • U.S. District Court: District of Arizona • U.S. Bankruptcy Court: District of Arizona
State courts:
Arizona Supreme Court • Arizona Court of Appeals • Arizona Superior Court • Arizona Justice Courts • Arizona Municipal Courts
State resources:
Courts in Arizona • Arizona judicial elections • Judicial selection in Arizona
