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2013 SESSION

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13104777D
SENATE JOINT RESOLUTION NO. 292 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the Senate Committee on Privileges and Elections on January 29, 2013) (Patron Prior to Substitute--Senator Black) Proposing an amendment to Section 7 of Article VI of the Constitution of Virginia, relating to selection and qualification of judges; pro tempore appointment by Governor.

RESOLVED by the Senate, the House of Delegates concurring, a majority of the members elected to each house agreeing, That the following amendment to the Constitution of Virginia be, and the same hereby is, proposed and referred to the General Assembly at its first regular session held after the next general election of members of the House of Delegates for its concurrence in conformity with the provisions of Section 1 of Article XII of the Constitution of Virginia, namely:

Amend Section 7 of Article VI of the Constitution of Virginia as follows:

ARTICLE VI JUDICIARY

Section 7. Selection and qualification of judges.

The justices of the Supreme Court shall be chosen by the vote of a majority of the members elected to each house of the General Assembly for terms of twelve years. The judges of all other courts of record shall be chosen by the vote of a majority of the members elected to each house of the General Assembly for terms of eight years. During any vacancy which may exist while the General Assembly is not in session, the Governor may appoint a successor to serve until thirty days after the commencement of the next session of the General Assembly. The General Assembly shall not elect and the Governor shall not appoint any person under the provisions of this article (i) to an initial term who is an immediate family member of a member of the General Assembly as defined by the General Assembly; (ii) who is a member of the General Assembly, the Governor, Lieutenant Governor, or Attorney General during the term for which such person was elected; or (iii) whose election to judicial office was the subject of a special and continuing order and under the order such person failed in either the House of Delegates or the Senate to receive a majority vote of the members elected to either house of the General Assembly. Upon election by the General Assembly, a new justice or judge shall begin service of a full term.

All justices of the Supreme Court and all judges of other courts of record shall be residents of the Commonwealth and shall, at least five years prior to their appointment or election, have been admitted to the bar of the Commonwealth. Each judge of a trial court of record shall during his term of office reside within the jurisdiction of one of the courts to which he was appointed or elected; provided, however, that where the boundary of such jurisdiction is changed by annexation or otherwise, no judge thereof shall thereby become disqualified from office or ineligible for reelection if, except for such annexation or change, he would otherwise be qualified.