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2000 SESSION

005183788
HOUSE JOINT RESOLUTION NO. 126
Offered January 21, 2000
Establishing a joint subcommittee to study the establishment of a domestic relations division in the judicial circuits of the Commonwealth.
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Patrons-- Joannou, Almand, Cranwell, Griffith, Jackson, Plum, Rust, Watts and Williams
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Referred to Committee on Rules
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WHEREAS, divorce affects many families and children in Virginia, and many citizens and members of the bench and bar believe that Virginia needs a more effective and satisfactory forum for the resolution of divorce matters; and

WHEREAS, for almost fifty years, the judicial and legislative branches of government have been concerned about the handling of family law matters in Virginia's courts and have debated whether a different court structure would better serve our citizens; and

WHEREAS, the 1989 General Assembly enacted legislation which directed the Judicial Council to establish an experimental family court program; and

WHEREAS, the 1993 General Assembly passed legislation which established the legal and structural framework for a family court system in Virginia; and

WHEREAS, the statewide implementation of the family court system was never funded by the General Assembly; and

WHEREAS, in 1998, 104,389 new civil cases were filed in Virginia's circuit courts and 34, 777 of those (or 33percent) were divorce cases; and

WHEREAS, the feasibility of creating in each judicial circuit a domestic relations division which will have jurisdiction over divorce cases and custody, visitation and support actions incident to the filing of a divorce need to be studied; now, therefore, be it

RESOLVED by the House of Delegates, the Senate concurring, That a joint subcommittee be established to study the feasibility of establishing a domestic relations division in Virginia's circuit courts. The joint subcommittee shall be composed of thirteen members, which shall include seven legislative members and six nonlegislative citizen members as follows: four members of the House of Delegates, to be appointed by the Speaker; three members of the Senate, to be appointed by the Senate Committee on Privileges and Elections; one member of the Family Law Section of the Virginia State Bar, one member of the Virginia Bar Association Coalition Committee of Family Law Legislation, and one representative of the Virginia Chapter of the American Academy of Matrimonial Lawyers to be appointed by the Speaker; one member of the Family Law Section of the Virginia State Bar, one member of the Virginia Bar Association Coalition Committee of Family Law Legislation, and one representative of the Virginia Chapter of the American Academy of Matrimonial Lawyers to be appointed by the Senate Committee on Privileges and Elections.

In conducting this study, the joint subcommittee shall examine:

1. Whether there should be any qualifications other than those mandated in the Virginia Constitution for a domestic relations judge;

2. Whether the domestic relations judge should hear only domestic relations cases;

3. How an overloaded domestic relations docket should be handled;

4. Whether the position of commissioner in chancery should be abolished;

5. Whether the domestic relations division should hear child custody, child and spousal support, and visitation appeals from the juvenile and domestic relations district court;

6. The financial implications, including any personnel costs, of establishing a domestic relations division.

The direct costs of this study shall not exceed $9400.

The Division of Legislative Services shall provide staff support for the study. Technical assistance shall be provided by the Supreme Court of Virginia. All agencies of the Commonwealth shall provide assistance to the joint subcommittee, upon request.

The joint subcommittee shall complete its work in time to submit its findings and recommendations to the Governor and the 2001 Session of the General Assembly as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents.

Implementation of this resolution is subject to subsequent approval and certification by the Joint Rules Committee. The Committee may withhold expenditures or delay the period for the conduct of the study.