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The 190th General Court of the Commonwealth of Massachusetts

Section 14: Services of retired justices

Section 14. (a) A retired justice of the trial court whose name has been placed on the list of retired justices pursuant to section sixty-five G of chapter thirty-two may be assigned by the chief justice for administration and management to perform, during his term of eligibility, such of the duties of a trial court justice as may be requested of him and which he is willing to undertake, provided that no such single assignment shall be for a term longer than ninety days.

(b) In performing the services requested of him, a retired justice shall exercise all judicial power and authority pertaining to the office in which he acts, in respect of matters as to which he is designated to act, and the fact of such service shall be stated on the record of the court, but need not be separately stated in the record or docket of any particular cause or proceeding. Services under the provisions of this section shall not be counted in determining the number of offices authorized or required by any applicable statute.

(c) A retired justice so serving shall be paid by the commonwealth, in addition to the pension or retirement allowance received, a per diem differential rate of compensation equivalent to one two hundred and twentieths of the balance remaining after deducting the annual pension or retirement allowance received from the current annual salary of such justice if not retired. The per diem differential rate of compensation shall be paid monthly from Judiciary appropriated funds.

Such retired justice shall be entitled to all other benefits of a regular incumbent of the trial court and shall be reimbursed for expenses incurred while performing such services at any place other than his place of residence. While so serving he shall be entitled to receive such staff support, clerical assistance and facilities as are customarily available to judges of the court on which he serves.