State Codes and Statutes
Statutes > Rhode-island > Title-8 > Chapter-8-16 > 8-16-9SECTION 8-16-9
§ 8-16-9 Retirement of judges forincapacity or disability. – (a) Whenever the commission shall, after investigation and hearing, determinethat a judge has a physical or mental disability that seriously interfered andwill continue to interfere with the performance of his or her duties, it mayrecommend to the supreme court the retirement of the judge, saving to the judgeall retirement benefits that have accrued to him or her, if any. Theinvestigation, hearing, and recommendation shall be confidential. A justice ofthe supreme court may not be retired under this section without his or herconsent, and where consent to the retirement is withheld, a furtherrecommendation shall be made to the speaker of the house of representatives toinitiate proceedings for the removal of the judge pursuant to the provisions ofarticle X, § 4 of the constitution.
(b) Whenever any judge has served in judicial office withouthaving reached the prescribed age that would entitle him or her to retirementbenefits, the commission, proceeding pursuant to subsection (a) of thissection, may recommend to the supreme court that the judge be retired and thathis or her pension rights be accelerated to become effective as of the date ofhis or her retirement. The supreme court may endorse the recommendation and mayforward the recommendation to the general assembly for appropriate legislativeaction in order that his or her pension rights be so accelerated. Judgesretired under this section shall be deemed to have retired voluntarily. Anyjudge shall be disqualified and prohibited from acting in his or her judicialcapacity while any recommendation for his or her retirement, based uponphysical or mental disability, is pending before the supreme court; provided,however, that the disqualification shall be without loss of compensation.
