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1996 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 19.2-37 of the Code of Virginia is amended and reenacted as follows:
§ 19.2-37. Who may be appointed magistrate.
Any person may be appointed to the office of magistrate under this title subject to the limitations of Chapter 4 (§ 2.1-30 et seq.) of Title 2.1 of the Code and of this section.
A person shall be eligible for appointment to the office of magistrate under
the provisions of this title: (a) if such person or his spouse is not a
law-enforcement officer; (b) if such person or his spouse is not a clerk,
deputy or assistant clerk, or employee charged with the duty of enforcing any
of the laws of this Commonwealth or any ordinance of any political subdivision
thereof, of any such clerk of a district court or police department or
sheriff's office in any county or city with respect to appointment to the
office of magistrate of such county or city, provided that the Committee on
District Courts may authorize a magistrate to assist in the district court
clerk's office on a part-time basis; (c) if the appointment does not create a
parent-child, husband-wife, or brother-sister relationship between a district
court judge and such person serving within the same judicial district; (c1) if
such person is not the chief executive officer, or a member of the board of
supervisors, town or city council, or other governing body for any political
subdivision of this Commonwealth; (d) if such person is a United States citizen
and a resident of the judicial district for which he is appointed to serve as
magistrate; however, Arlington, Fairfax and Prince William Counties and the
Cities City of Alexandria and Norfolk may employ as
magistrates persons residing in adjoining judicial districts. Any
magistrate serving in the City of Norfolk on July 1, 1996, shall be eligible
for reappointment pursuant to this article regardless of the judicial district
of his residence. No magistrate shall issue any warrant or process in
complaint of his spouse, child, grandchild, parent, grandparent, parent-in-law,
child-in-law, brother, sister, brother-in-law or sister-in-law, nephew, niece,
uncle, aunt, first cousin, guardian or ward. The residence provisions contained
in this section shall not be a bar to the reappointment of any magistrate in
office on July 1, 1973, provided he is otherwise eligible to serve under the
provisions of this chapter.