TITLE 59

PUBLIC OFFICERS IN GENERAL

CHAPTER 14

EMERGENCY INTERIM EXECUTIVE AND JUDICIAL SUCCESSION ACT

59-1408.  Special emergency judges. In the event that any judge of any court is unavailable to exercise the powers and discharge the duties of his office, and in the event no other judge authorized to act in the event of absence, disability or vacancy or no special judge appointed in accordance with the provisions of the constitution or statutes is available to exercise the powers and discharge the duties of such office, the duties of the office shall be discharged and the powers exercised by the special emergency judges hereinafter provided for:

(a)  The governor, upon approval of this act, shall designate for each member of the Supreme Court special emergency judges in the number of not less than three (3) nor more than seven (7) for each member of said court and shall specify their order of succession.

(b)  The chief justice of the Supreme Court in consultation with the other members of said court, upon approval of this act, shall designate for each court of record except the Supreme Court, special emergency judges in the number of not less than three (3) nor more than seven (7) for each judge of said courts and shall specify their order of succession.

(c)  The chief judge of the district court (or the presiding or senior judge of a district in consultation with the other judges of that district where there is more than one judge), upon approval of this act, shall designate not less than three (3) special emergency judges for courts not of record within that district and shall specify their order of succession. Such special emergency judges shall, in the order specified, exercise the powers and discharge the duties of such office in case of the unavailability of the regular judge or judges or persons immediately preceding them in the designation. The designating authority shall review and revise, as necessary, designations made pursuant to this act to insure their current status. Said emergency special judges shall discharge the duties and exercise the powers of such office until such time as a vacancy which may exist shall be filled in accordance with the constitution and statutes or until the regular judge or one preceding the designee in the order of succession becomes available to exercise the powers and discharge the duties of the office.

History:

[59-1408, added 1961 (Ex. Sess.), ch. 2, sec. 8, p. 12.]