B-130051, JAN. 29, 1957

B-130051: Jan 29, 1957

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MAY PERFORM JUDICIAL DUTIES FOR MORE THAN 90 DAYS IN ANY ONE YEAR IF HE SO DESIRES AND IS ABLE TO DO SO. THE LANGUAGE OF THE SECTION IS A LIMITATION ON THE SERVICE WHICH MAY BE REQUIRED OF A RETIRED JUDGE WHOSE HEALTH PERMITS HIS RENDERING THE SERVICE HE IS CALLED UPON BY THE CHIEF JUDGE TO PERFORM.

B-130051, JAN. 29, 1957

TO HONORABLE LEONARD P. WALSH, CHIEF JUDGE, MUNICIPAL COURT FOR THE DISTRICT OF COLUMBIA:

YOUR LETTER OF DECEMBER 11, 1956, REQUESTS OUR DECISION WHETHER A JUDGE FOR THE MUNICIPAL COURT OF THE DISTRICT OF COLUMBIA WHO HAS BEEN RETIRED UNDER THE PROVISIONS OF THE D.C. CODE TITLE 11, SECTION 776 (ACT APRIL 1, 1942, 56 STAT. 197) AFTER SERVING FOR MORE THAN 20 YEARS, MAY PERFORM JUDICIAL DUTIES FOR MORE THAN 90 DAYS IN ANY ONE YEAR IF HE SO DESIRES AND IS ABLE TO DO SO.

TITLE 11 SECTION 776 (B) OF THE D.C. CODE PROVIDES:

"ANY JUDGE RECEIVING RETIREMENT SALARY UNDER THE PROVISIONS OF THIS SECTION MAY BE CALLED UPON BY THE CHIEF JUDGE OF THE MUNICIPAL COURT FOR THE DISTRICT OF COLUMBIA OR THE CHIEF JUDGE OF THE MUNICIPAL COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA TO PERFORM SUCH JUDICIAL DUTIES AS MAY BE REQUESTED OF HIM IN EITHER OF SAID COURTS, OR IN THE JUVENILE COURT OF THE DISTRICT OF COLUMBIA, BUT IN ANY EVENT NO SUCH RETIRED JUDGE SHALL BE REQUIRED TO RENDER SUCH SERVICE FOR MORE THAN NINETY DAYS IN ANY CALENDAR YEAR AFTER SUCH RETIREMENT. IN CASE OF ILLNESS OR DISABILITY PRECLUDING THE RENDERING OF SUCH SERVICE SUCH RETIRED JUDGE SHALL BE FULLY RELIEVED OF SUCH DUTY DURING SUCH ILLNESS OR DISABILITY.'

THE LANGUAGE OF THE SECTION IS A LIMITATION ON THE SERVICE WHICH MAY BE REQUIRED OF A RETIRED JUDGE WHOSE HEALTH PERMITS HIS RENDERING THE SERVICE HE IS CALLED UPON BY THE CHIEF JUDGE TO PERFORM. HOWEVER, THE SECTION DOES NOT PREVENT THE RETIRED JUDGE FROM VOLUNTARILY SERVING IN EXCESS OF THE 90 DAYS IN A CALENDAR YEAR, UPON REQUEST OF THE CHIEF JUDGE, WHEN THE RETIRED JUDGE ..END :