17.1-401 - Senior judge.

§ 17.1-401. Senior judge.

A. Any chief judge or judge of the Court of Appeals who is eligible forretirement, other than for disability, with the consent of a majority of themembers of the court first obtained, may elect to retire and be known anddesignated as a senior judge. In addition, any chief judge or judge of theCourt of Appeals who is retired and subject to recall pursuant to § 17.1-106,with the consent of a majority of the members of the court, may be known anddesignated as a senior judge.

B. Any chief judge or judge who has retired from active service, as providedin subsection A, may be designated and assigned by the Chief Judge of theCourt of Appeals to perform the duties of a judge of the court.

C. While serving in such status, a senior judge shall be deemed to be servingin a temporary capacity and, in addition to the retirement benefits receivedby such judge, shall receive as compensation a sum equal to one-fourth of thetotal compensation of an active judge of the Court of Appeals for a similarperiod of service. A retired judge, while performing the duties of a seniorjudge, shall be furnished office space, support staff, a telephone, andsupplies as are furnished a judge of the court.

D. A judge may terminate his status as a senior judge, or such status may beterminated by a majority of the members of the court. Each judge designated asenior judge shall serve a one-year term unless the court, by order orotherwise, extends the term for an additional year. There shall be no limiton the number of terms a senior judge may so serve.

E. Only five retired judges shall serve as senior judges at any one time.

F. Nothing in this section shall be construed to increase the number ofjudges of the Court of Appeals provided for in § 17.1-400.

(1993, c. 421, § 17-116.01:1; 1994, c. 401; 1998, cc. 190, 872; 2001, c. 295;2004, c. 346.)