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2017 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 16.1-69.21 of the Code of Virginia is amended and reenacted as follows:
§ 16.1-69.21. When substitute to serve; his powers and duties.
In the event of the inability of the judge to perform the
duties of his office or any of them by reason of sickness, absence, vacation,
interest in the proceeding or parties before the court, or otherwise, such
judge or a person acting on his behalf shall promptly notify the appropriate
chief district judge of such inability. If the chief district judge determines
that the provisions of § 16.1-69.35 have been complied with or cannot
reasonably be done within the time permitted and that no other full-time or retired
judge is reasonably available to serve, the chief district judge may direct a
substitute judge to serve as a judge of the court, which substitute may serve
concurrently with one or more of the judges of the court or alone. In
designating a substitute judge to serve, the chief district judge shall,
whenever possible, select a substitute judge who does not regularly practice
law in the court requiring the substitute. Where reasonably available
When reasonably necessary, the chief district judge may designate a
substitute judge from another district within the Commonwealth. The committee
on district courts may adopt policies and procedures governing the utilization
of substitute judges. In such event, those policies and procedures will, where
applicable, control. While acting as judge, a substitute judge shall
perform the same duties, exercise the same power and authority, and be subject
to the same obligations as prescribed herein for the judge. While serving as
judge of the court, the judge or the substitute judge may perform all
acts with respect to the proceedings, judgments and acts of any other judge in
connection with any action or proceeding then pending or theretofore disposed
of in the court except as otherwise provided in this chapter in the same manner
and with the same force and effect as if they were his own.