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2023 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 51.1-309 of the Code of Virginia is amended and reenacted as follows:
§ 51.1-309. Appearance as counsel in certain forums prohibited.
A. No former justice or judge of a court of record of the Commonwealth and no former full-time judge of a court not of record of the Commonwealth, who is retired and receiving retirement benefits under the provisions of the Judicial Retirement System, shall appear as counsel in any case in any court of the Commonwealth.
B. No former member of the State Corporation Commission or Virginia Workers' Compensation Commission, who is retired and receiving retirement benefits under the provisions of the Judicial Retirement System, shall appear as counsel in any case before the Commission of which he was formerly a member.
C. The provisions of subsection A shall not be applicable if
(i) the retired justice or judge has been retired for at least two years
and is not authorized for or assigned to temporary recall by the Chief Justice
of the Supreme Court, the Chief Judge of the Court of Appeals, or the Senate
Committee on the Judiciary and the House Committee for Courts of Justice and
either (i) (a) the retired judge or justice has been retired for at least two
years; (ii) (b) the retired justice or judge is appearing as
counsel, pro bono, for an indigent person in a civil matter; (iii)
(c) such civil matter is assigned or referred to the retired justice or
judge by a nonprofit legal aid program organized under the auspices of the
Virginia State Bar; and (iv) (d) the retired justice or judge is
not an employee, officer, or board member of such nonprofit legal aid program
or (ii) the retired justice or judge is at least 67 years of age and is
eligible to receive full Social Security benefits. Nothing herein shall
relieve the retired justice or judge from having obtained any license or
meeting any requirement in connection with the appearance as counsel as
required by law, rule, or regulation. A retired justice or judge shall not
be eligible to be authorized for or assigned to temporary recall after such
time that he appears as private counsel pursuant to this subsection.