§ 27-17-03 — Services and compensation of retired justices and judges

1. Upon retirement of a justice of the supreme court or a judge of the district court, the
chief justice of the supreme court may appoint the retired justice or judge to serve as a
surrogate judge of the supreme court to aid and assist the court in the performance of
judicial duties within the unified judicial system as may be assigned by the chief justice
with the retired justice's or judge's consent.
2. An appointment under this section does not become effective until the appointee
subscribes and files in the office of the secretary of state an oath or affirmation
substantially as follows: "I do solemnly swear (or affirm) that I will support the
constitutions of the United States and the state of North Dakota, and that I will faithfully
discharge the duties of the office of surrogate judge of the state of North Dakota to the
best of my ability."
3. Subject to subsection 4, a surrogate judge is entitled to receive compensation for
services rendered for each day actually engaged in the performance of judicial duties
in an amount equal to five percent of the gross monthly salary of a regularly elected or
appointed and qualified justice or judge of the court to which the services are
rendered, or one-half of that daily compensation for services of one-half day or less.
4. A surrogate judge is not entitled to receive as compensation for services rendered in
the performance of judicial duties during any calendar year a sum of money which
when added to any judicial retirement benefits received by the surrogate judge for that
year exceeds the annual salary of a justice or judge of the court from which the justice
or judge retired. The compensation must be paid upon the certificate of the surrogate
judge showing that the services were performed for the number of days claimed in the
certificate. Services of a surrogate judge under this section and receipt of
compensation therefor do not reduce or otherwise affect the amount of any retirement
benefits to which the judge otherwise would be entitled.
5. In addition to daily compensation, a surrogate judge is entitled to receive
reimbursement for travel expenses necessarily incurred in the performance of judicial
duties under the assignment, as regularly elected or appointed and qualified justices
and judges are entitled to receive.
6. A retired justice of the supreme court or a retired judge of the district court is also
eligible to serve as a master and to be compensated for services rendered in any civil
case or other judicial proceeding when so designated by the court having power to
appoint masters; a retired justice or judge, when requested, is also eligible to serve as
legal counsel and to be compensated for services rendered in the office of the attorney
general, in any executive department, commission, or bureau of the state, and for any
committee of the legislative assembly.