§ 16-13-215 - Entry of judge into armed services -- Discharge -- Vacancy.
16-13-215. Entry of judge into armed services -- Discharge -- Vacancy.
(a) The entry of a regular judge into the armed services of the United States shall not have the effect of vacating his or her office, but during the period of his or her service, he or she shall not be entitled to receive or enjoy the salary or emoluments of the office.
(b) Upon certifying to the Governor his or her discharge from the service, the judge shall be entitled to resume his or her office and thereafter to receive and enjoy the salary and emoluments until a regular judge shall be elected and qualified.
(c) In the event a regular judge enters the armed services of the United States and is killed upon the field of battle, dies, is reported missing for twelve (12) months, or is unheard from for a period of twelve (12) months so that his or her whereabouts are unknown, his or her office shall become vacant upon proclamation by the Governor of such fact, and such vacancy shall be filled as provided by law.