(a) Any justice of the Supreme Court or any judge of one of the courts of appeals or of a circuit court of the state who desires to be retired pursuant to this article shall file a written declaration relative to his intention to elect such retirement with the Chief Justice of the Supreme Court, who, upon finding the existence of the conditions prerequisite to such retirement, shall endorse his findings thereon and forward said declaration to the Secretary-Treasurer of the Judicial Retirement Fund.
(b) The retiring justice or judge, upon being retired, shall take the oath of office as a retired justice or judge and thereupon become an extra or additional judge of the state. Thereafter, on the request of the Chief Justice, the presiding judge of one of the courts of appeals or the Governor, any such retired justice or judge may serve on the Supreme Court, on either of the courts of appeals or on any circuit court in the state. Such retired justice or judge, when serving on a court in the absence or disqualification of the regular justice or judge, as the case may be, shall have and exercise all the duties and functions of the regular justice or judge for whom he is substituting. When serving on a court for reasons other than the absence or disqualification of the regular justice or judge, the duties of a retired justice or judge shall be as prescribed by the Chief Justice when serving on the Supreme Court or by the presiding judge when serving on a court of appeals or by the presiding judge, when serving in a circuit court; provided, that nothing contained in this provision shall prevent the Chief Justice from assigning a justice or a judge to special temporary duty in other courts. A recital in the minutes of the court that a regular justice or judge is absent or disqualified and that a retired justice or judge is sitting in his place at the request of the Chief Justice, the presiding judge of one of the courts of appeals or the Governor shall be conclusive evidence of his authority to act.
(c) The Chief Justice or any associate justice of the Supreme Court or any judge of a court of appeals or a circuit court who becomes 70 years of age during the term for which he has been elected and is serving, who is qualified to be retired pursuant to this article and who does not at or before the expiration of his term file his written declaration stating that he intends to retire at the end of the term he is then serving shall be deemed to have waived and forfeited his right to receive any retirement benefits under this article. He shall, however, be entitled to a refund of his contributions to the retirement fund.
(Acts 1973, No. 1163, p. 1948, §6.)
Notes of Decisions
Johnson v. Bd. of Control of Emp. Ret. Sys., 740 So. 2d 999 (Ala. 1999).
· cites it 26× “The Board argues that in order to receive payments from the Judicial Retirement Fund a judge must hold office as an extra judge of the state, citing § 12-18-7. The Board cites Hogan v. Bronner, 491 So.”
McGowan v. State, 990 So. 2d 931 (Ala. Crim. App. 2005).
· cites it 2× “NOTES [1] By order dated October 15, 2003, the Court of Criminal Appeals appointed Judge Patterson to sit specially on this case pursuant to §§ 12-18-7(b) and 12-18-10(e), Ala.Code 1975.”
Roe v. Mobile Cnty. Appointment Bd., 676 So. 2d 1206 (Ala. 1995).
· cites it 2× “Code 1975, § 12-2-14 and § 12-18-7. Under the provisions of § 12-2-14, the Governor can appoint any member of the Bar, or the Governor may also appoint retired judges under the provisions of § 12-18-7, which provides, in part, that "[t]he retiring justice or judge, upon being…”
Slagle v. Ross, 125 So. 3d 117 (Ala. 2012).
· cites it 2× “Code 1975, which read as follows: Section 12-18-7(b): “The retiring justice or judge, upon being retired, shall take the oath of office as a retired justice or judge and thereupon become an extra or additional judge of the state.”
In Re Dostert, 324 S.E.2d 402 (W. Va. 1984).
“, Ala.Code §§ 12-18-7(b), -(10)(e) — (h), -61, and -88 (1977); Ark.”
Hogan v. Bronner, 491 So. 2d 226 (Ala. 1986).
“Under § 12-18-7(b), the judge so retired: "shall take the oath of office as a retired justice or judge and thereupon become an extra or additional judge of the state.”
Jason Michael Osborn v. State of Alabama (Ala. Crim. App. 2026).
· cites it 4× “1(b), we find no such temporal limitation upon the authority of the chief justice to assign a retired circuit judge in § 12-18-7 or in § 149. See also Benjamin, 156 So.”
Jason Michael Osborn v. State of Alabama (Ala. Crim. App. 2026).
· cites it 4× “1(b), we find no such temporal limitation upon the authority of the chief justice to assign a retired circuit judge in § 12-18-7 or in § 149. See also Benjamin, 156 So.”
Norris v. Fayette Cnty. Comm'n, 143 So. 3d 659 (Ala. 2013).
“That case did not involve § 280 of the Constitution, nor was § 12-18-7 implicated. In Hogan v. Bronner, this Court addressed the constitutional prohibition of § 60 of the constitution and the corresponding statutory provision, § 36-9-2, requiring the removal of a person from an…”
— Ala. Code § 12-18-7(b) — 7 cases
Johnson v. Bd. of Control of Emp. Ret. Sys., 740 So. 2d 999 (Ala. 1999).
“The Board argues that in order to receive payments from the Judicial Retirement Fund a judge must hold office as an extra judge of the state, citing § 12-18-7. The Board cites Hogan v. Bronner, 491 So.”
McGowan v. State, 990 So. 2d 931 (Ala. Crim. App. 2005).
“NOTES [1] By order dated October 15, 2003, the Court of Criminal Appeals appointed Judge Patterson to sit specially on this case pursuant to §§ 12-18-7(b) and 12-18-10(e), Ala.Code 1975.”
Slagle v. Ross, 125 So. 3d 117 (Ala. 2012).
“Code 1975, which read as follows: Section 12-18-7(b): “The retiring justice or judge, upon being retired, shall take the oath of office as a retired justice or judge and thereupon become an extra or additional judge of the state.”
In Re Dostert, 324 S.E.2d 402 (W. Va. 1984).
“, Ala.Code §§ 12-18-7(b), -(10)(e) — (h), -61, and -88 (1977); Ark.”
Hogan v. Bronner, 491 So. 2d 226 (Ala. 1986).
“Under § 12-18-7(b), the judge so retired: "shall take the oath of office as a retired justice or judge and thereupon become an extra or additional judge of the state.”
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