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2001 SESSION

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CHAPTER 256 An Act to amend and reenact §§ 16.1-69.9:2 and 17.1-509 of the Code of Virginia, relating to appointment of pro tempore judges. [S 1040] Approved March 15, 2001

Be it enacted by the General Assembly of Virginia:

1. That §§ 16.1-69.9:2 and 17.1-509 of the Code of Virginia are amended and reenacted as follows:

§ 16.1-69.9:2. Vacancies in office of judges; terms of successor judges; appointment while General Assembly not in session.

Whenever a vacancy occurs in the office of a full-time district court judge the successor shall be elected for a full term of six years and upon qualification shall enter at once upon the discharge of the duties of his office. But subject to the provisions of § 16.1-69.9:3, the judges of the circuit having jurisdiction over the district shall have the power during the recess of while the General Assembly is not in session to fill pro tempore vacancies in the office of full-time district court judges. Such Appointment to every such vacancy shall be by commission to expire at the end of thirty days after the commencement of the next session of the General Assembly.

§ 17.1-509. Vacancies in office of judge.

Whenever a vacancy occurs in the office of judge, a successor, who shall be a resident of the same circuit, shall be elected for a full term of eight years and upon qualification shall enter at once upon the discharge of the duties of his office. But, subject to the provisions of §§ 17.1-511 and 17.1-512, the Governor shall have the power during the recess of while the General Assembly is not in session to fill pro tempore vacancies in such office. Such appointment to every vacancy shall be by commission to expire at the end of thirty days after the commencement of the next regular session of the General Assembly.