Article IV, § 38 — Retired Judges and Justices; temporary assignment

A former State Judge or a former Justice of the Supreme Court, who is retired and is receiving a state judicial pension and who assents to active judicial duty and who is not engaged in the practice of law, upon designation of the Chief Justice of the Supreme Court, or in case of the Chief Justice’s absence from this State, disqualification, incapacity, or if there be a vacancy in that office, upon designation of the next qualified and available Justice, who by seniority is next in rank to the Chief Justice, shall be authorized to sit temporarily in the court from which the former State Judge or Justice retired or in any other court designatable under the Constitution and statutes of this State if the former State Judge or Justice still held the judicial position from which the former State Judge or Justice retired. Any person so designated shall receive compensation as the General Assembly shall provide. Nothing herein shall authorize the designation of any former State Judge or a former Justice of the Supreme Court to sit in the Supreme Court except temporarily to fill up the number of that Court to the required quorum. The term "State Judge" as used in this Section means a Chancellor or Vice-Chancellor of the Chancery Court, President Judge, or Judge of the Superior Court.