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ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
1994 SESSION
Be it enacted by the General Assembly of Virginia:
1. That §§ 17-116.2 and 19.2-6 of the Code of Virginia is amended and reenacted as follows:
§ 17-116.2. Judges of courts of record to become circuit judges; selection, powers and duties of chief judges; exercise of appointive powers.
(a) A. There shall be so many judges of courts of record as
may be fixed by the General Assembly. On July 1, 1973, each judge of a court
of record shall become circuit judge of the judicial circuit established by
this chapter in which his residence is located; provided, that
notwithstanding any provision of law to the contrary, the residency
requirement shall not apply to any judge whose residence prior to July 1,
1973, is outside the boundaries of a new circuit created by § 17-119.1:1, if
such judge is a resident of the circuit to which he was previously elected or
appointed. This proviso shall also apply to any subsequent term to which he
is elected. The judges of each circuit shall select from their number by
majority vote a judge who shall be the chief judge of the circuit, who shall
serve for the term of two years. In the event such judges cannot agree as to
who shall be chief judge, such fact shall be communicated to the Chief
Justice of the Supreme Court, who shall act as tie breaker.
(b) B. The chief judge of the circuit shall ensure that the
system of justice in his circuit operates smoothly and efficiently. He shall
have authority to assign the work of the circuit as between judges, and in
doing so he may consider the nature and categories of the cases to be
assigned.
(c) C. Unless otherwise provided by law, powers of appointment
within a circuit shall be exercised by a majority of the judges of the
circuit. In case of a tie, such fact shall be communicated by the chief
judge of such circuit to the Chief Justice of the Supreme Court, who shall
appoint a circuit judge from another circuit who shall act as tie breaker.
Where the power of appointment is to be exercised by a majority of the
judges of the Second Judicial Circuit and such appointment is to a local
post, board or commission in Accomack or Northampton County, the resident
judge or judges of the County of Accomack or Northampton shall exercise such
appointment power as if he or they comprise the majority of the judges of the
Circuit.
§ 19.2-6. Appointive power of circuit courts.
Unless otherwise specifically provided, whenever an appointive power is given to the judge of a circuit court, that power shall be exercised by a majority of the judges of the circuit. In case of a tie, such fact shall be communicated to the Chief Justice of the Supreme Court, who shall appoint a circuit judge from another circuit who shall act as a tie breaker. Where the power of appointment is to be exercised by a majority of the judges of the Second Judicial Circuit and such appointment is to a local post, board or commission in Accomack or Northampton County, the resident judge or judges of the County of Accomack or Northampton shall exercise such appointment power as if he or they comprise the majority of the judges of the Circuit.