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2023 SESSION
23105585DBe 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.