Part 1 — .1
9.24 Part-time judge
accordance with this section, continue in office as a part-time
judge.
(2) Where a judge
(a) has attained the age of 55 years,
(b) has completed 10 year s of service as a judge, and
(c) states in writing to the C hief Justice that the judge is
prepared to retire as a full-time judge in order to continue in
office as a part-time judge,
the Chief Justice may approve that person to continue in office as a
part-time judge on that person's retirement as a full-time judge if
the Chief Justice determines that approving that person to continue
in office will enhance the efficient and effective administration of
the Court.
(3) Where a judge
(a) is approaching th e age of 70 years but has not attained age
70, and
(b) states in writing to the Chief Justice that the judge is
prepared to retire at age 70 as a full-time judge in order to
continue in office as a part-time judge,
the Chief Justice may approve that person to continue in office as a
part-time judge on that person's retirement as a full-time judge if
the conditions in subsection (5) are met.
(3.1) Where a judge
(a) has been approved to conti nue in office as a full-time judge
pursuant to section 9.23, and
(b) states in writing to the Chief Justice that the judge is
prepared to retire as a full-time judge in order to continue in
office as a part-time judge,
the Chief Justice may approve that judge to continue in office as a
part-time judge on the judge's retirement as a full-time judge if the
conditions in subsection (5) are met.
(4) Where a judge
RSA 2000
` (a) is a part-time judge and th e judge's term is about to expire,
and
(b) states in writing to the Chief Justice that the judge is
prepared to continue in office as a part-time judge,
the Chief Justice may approve that person to continue in office for
one year as a part-time judge if the conditions in subsection (5) are
met.
(5) The Chief Justice may approve a person to continue in office as
a judge under subsection (3), (3.1) or (4) if
(a) the Chief Justice determines that approving that person to
continue in office under subsection (3), (3.1) or (4) will
enhance the efficient and effective administration of the
Court, and
(b) the approval is given in accordance with and subject to th e
criteria established by the Chief Justice and approved by the
Judicial Council.
(6), (6.1) Repealed 2017 c22 s42.
(7) A judge shall only be approved to continue in office as a
part-time judge if
(a) the judge has consented to continue in office as a part-ti me
judge,
(b) the judge is not nor has been appointed as a supernumerary
judge, and
(c) the judge has not attained the age of 75 years.
(8) The term for which a part-time judge is approved to continue in
office under this section is as follows:
(a) if the judge is approved to continue in office under
subsection (2), the term commences on the date the judge is
approved to continue in office as a part-time judge and
expires on the commencement of the judge's 70th birthday;
(b) if the judge is approved to continue in office under
subsection (3), the term is one year commencing on the
judge's 70th birthday;
(b.1) if the judge is approved to continue in office under
subsection (3.1), the term commences on the date the judge
RSA 2000
is approved to continue in office as a part-time judge and
expires on the commencement of the judge's next birthday;
(c) if the judge is approved to continue in office under
subsection (4), the term is one year commencing on the
expiry of the previous term.
(9) A part-time judge must serve the equivalent of 6 months of
full-time service during the year.
(10) Part-time judges shall, in addition to any pension benefits, be
paid an annual salary of up to 50% of the annual salary of a
full-time judge, but the total annual salary and pension benefits
payable to a part-time judge cannot exceed the annual salary of a
full-time judge.
(11) Notwithstanding anything in this section, the term of a
part-time judge expires when the judge attains the age of 75 years.
(11.1) If a judge is approved to continue in office under this
section, the Chief Justice shall notify the person designated by the
Minister of Justice no later than 20 days before the effective date of
the approval in the form approved by the Minister.
(12) Subject to Part 6 of the Judicature Act, no part-time judge
approved to continue in office under this section may be removed
from office before the expiry of that judge's term.
(13) A judge who, on the coming into force of this subsection, is
serving a term of office after having been appointed or reappointed
under subsection (2), (3), (3.1) or (4), as they read at any time
before the coming into force of this subsection, is deemed, on the
coming into force of this subsection, to have been approved to
continue in office for the same term.
2005 c15 s3;2007 c9 s2;2007 c36 s3;2008 c32 s1;2011 c20 s11;
2014 c13 s10;2017 c22 s42;2019 c14 s3;2022 c20 s3;
AR 75/2023