Mont. Code Ann. » TITLE 19. PUBLIC RETIREMENT SYSTEMS · CHAPTER 5. JUDGES' RETIREMENT · Part 1. General Provisions
Montana Code Annotated

Mont. Code Ann. § 19-5-103 (2026)

Call Of Retired Judges And Justices And Inactive Vested Members For Duty

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 19
  3. CHAPTER 5
  4. Part 1
  5. 19-5-103 Call of retired judges and justices and inactive vested members for duty

TITLE 19. PUBLIC RETIREMENT SYSTEMS

CHAPTER 5. JUDGES' RETIREMENT

Part 1. General Provisions

Call Of Retired Judges And Justices And Inactive Vested Members For Duty

19-5-103. Call of retired judges and justices and inactive vested members for duty. (1) (a) If physically and mentally able, a retired judge or justice who has voluntarily retired after at least 8 years of service is subject to call for duty by the chief justice to aid and assist any district court or any water court under directions that the chief justice may give or to serve as water judge.

(b) When called, a retired judge's or justice's duties include the examination of the facts, cases, and authorities cited and the preparation of opinions for and on behalf of the court to which the judge or justice is called to serve. The opinions, when and if and to the extent approved by the court, may be ordered by the court to constitute the opinion of the court. The court and the retired judge or justice may, subject to any rule that the supreme court may adopt, perform any duties that are not inconsistent with the constitution of the state.

(2) (a) A retired judge or justice, when called to duty, must be reimbursed for actual expenses, if any, in responding to the call.

(b) In addition, a retired judge or justice is entitled to receive compensation in an amount equal to:

(i) the daily salary then currently applicable to the judicial position in which the duty is rendered for each day of duty rendered, up to a total of 180 days in a calendar year; and

(ii) for each day of duty after 180 days in a calendar year, one-twentieth of the monthly salary then currently applicable to the judicial position in which the duty is rendered minus an amount equal to one-twentieth of the monthly retirement benefit that the retired judge or justice is receiving, if any.

(3) A judge or justice who is an inactive vested member, who has voluntarily discontinued service as an active judge after at least 8 years of service, and who, by reason of age, is not eligible to receive a retirement benefit under this chapter may be called for duty as provided in subsection (1). A judge or justice called to duty under this subsection must be reimbursed as provided in subsection (2)(a) and compensated as provided in subsection (2)(b)(i) regardless of the number of days served in a calendar year.

History: En. Sec. 24, Ch. 289, L. 1967; R.C.M. 1947, 93-1130; amd. Sec. 1, ch. 254, L. 1979; amd. Sec. 5, Ch. 80, L. 1981; amd. Sec. 3, Ch. 256, L. 1983; amd. Sec. 1, Ch. 425, L. 1983; amd. Sec. 96, Ch. 265, L. 1993; amd. Sec. 20, Ch. 370, L. 1997; amd. Sec. 1, Ch. 233, L. 1999; amd. Sec. 1, Ch. 48, L. 2001; amd. Sec. 35, Ch. 329, L. 2005; amd. Sec. 1, Ch. 21, L. 2015.

Notes of Decisions
Cited in 63 cases (40 in the last 5 years), 1984–2025 · leading case: State ex rel. Wilcox v. Dist. Court of the Thirteenth Jud. Dist., 678 P.2d 209 (Mont. 1984).
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State ex rel. Wilcox v. Dist. Court of the Thirteenth Jud. Dist., 678 P.2d 209 (Mont. 1984). · cites it 15× “The petition challenged their jurisdiction in each of the four cases on the following grounds: (1) that retired judges are not “other judges” within the meaning of Article VII, Section 6, of the Montana Constitution; (2) that retired judges are not empowered to enter final…”
Cushman v. Montana Twentieth Jud. Dist. Court, 2015 MT 311 (Mont. 2015). · cites it 36× “Here, the substantive question relates to the applicability of § 3-1-804, MCA, in situations in which the chief justice has called a retired judge into service pursuant to § 19-5-103, MCA. Although codified in the Montana Code Annotated, § 3-1-804, MCA, is a Court-adopted rule.”
Capital One, NA v. Guthrie, 2017 MT 75 (Mont. 2017). · cites it 10× “The order directed Judge Curtis to assume jurisdiction over sixteen specific civil cases on July 9, 2015.”
Labair v. Carey, 2017 MT 286 (Mont. 2017). · cites it 4× “Article VII, Section 6(3), of the Montana Constitution and § 19-5-103, MCA, allow the Chief Justice of the Montana Supreme Court to “confer jurisdiction and authority to retired judges as district court judges.”
Matter of Est. of Pegg, 680 P.2d 316 (Mont. 1984). · cites it 3× “approve settlement of a wrongful death claim filed by the personal representative in another Montana judicial district? Before proceeding to these issues, we note and dispose of another argument, first raised in appellants’ reply brief, that all of the trial court’s orders of…”
Walch v. Univ. of Montana, 861 P.2d 179 (Mont. 1993). · cites it 5× “Green have legal authority to grant defendants’ motion for summary judgment on January 26, 1993, after his retirement as a District Judge on January 1,1993? Section 19-5-103, MCA (1991), provides in relevant part that: *500 (1) Every judge or justice who has voluntarily retired…”
In Re Dostert, 324 S.E.2d 402 (W. Va. 1984). “1984); Mont.Code Ann. § 19-5-103 (1983); N.C.Gen.”
State Ex Rel. Wilcox v. DIST. CT. OF 13TH JUD., 678 P.2d 209 (Mont. 1984). · cites it 15× “The petition challenged their jurisdiction in each of the four cases on the following grounds: (1) that retired judges are not "other judges" within the meaning of Article VII, Section 6, of the Montana Constitution; (2) that retired judges are not empowered to enter final…”
State ex rel. Welch v. Dist. Court of Seventh Jud. Dist., 680 P.2d 327 (Mont. 1984). · cites it 15× “Respondent Judge has challenged the constitutionality of Section 19-5-103, MCA, upon which relator relied in bringing this application for a writ of mandate.”
State Ex Rel. Welch v. Dist. Court (Mont. 1984). · cites it 12× “Respondent Judge has challenged the constitutionality of Section 19-5-103, MCA, upon which relator relied in bringing this application for a writ of mandate.”
Matter of Calling Dist. Judges to Serv. (Mont. 2020). · cites it 4× “Judge McLean has retired under the provisions ofthe Montana Judges' Retirement System and, being subject to call for duty pursuant to § 19-5-103, MCA,has advised that he is agreeable to assisting the First Judicial District Court with the above-listed matters.”
Matter of Calling Dist. Judges to Serv. (Mont. 2020). · cites it 4× “Townsend, retired District Judge, is hereby called to active service in the District Court of the Eighth Judicial District of the State of Montana, to conduct all proceedings required by law as needed on the civil court and criminal court calendars in Department A.”
Show all 63 citing cases →
— Mont. Code Ann. § 19-5-103(2)(b) — 48 cases
Matter of Calling Dist. Judges to Serv. (Mont. 2020).
Matter of Calling Dist. Judges to Serv. (Mont. 2020).
Matter of Calling Dist. Judges to Serv. (Mont. 2020). “Judge McLean has retired under the provisions ofthe Montana Judges' Retirement System and, being subject to call for duty pursuant to § 19-5-103, MCA,has advised that he is agreeable to assisting the First Judicial District Court with the above-listed matters.”
Matter of Calling Dist. Judges to Serv. (Mont. 2020).
Matter of Calling Dist. Judges to Serv. (Mont. 2020).
— Mont. Code Ann. § 19-5-103(a) — 38 cases
Matter of Calling Dist. Judges to Serv. (Mont. 2020).
Matter of Calling Dist. Judges to Serv. (Mont. 2020).
Matter of Calling Dist. Judges to Serv. (Mont. 2020).
Matter of Calling Dist. Judges to Serv. (Mont. 2020).
Matter of Calling Dist. Judges to Serv. (Mont. 2020).
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