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2023 SESSION
23100717DBe it enacted by the General Assembly of Virginia:
1. That §§ 16.1-69.21, 16.1-69.22:1, 16.1-69.35, and 17.1-106 of the Code of Virginia are 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. 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. A substitute judge shall retain the power to enter a final order in any
case heard by such substitute judge for a period of 14 days after the date of a
hearing of such case. 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.
§ 16.1-69.22:1. Temporary recall of retired district court judges; evaluation.
A. The Chief Justice of the Supreme Court may call upon any judge of a district court who is retired under the Judicial Retirement System (§ 51.1-300 et seq.) and who has been found qualified within the preceding three years by the Senate Committee on the Judiciary and the House Committee for Courts of Justice to (i) hear a specific case or cases pursuant to the provisions of § 16.1-69.35 with such designation to continue in effect for the duration of the case or cases or (ii) perform, for a period not to exceed 90 days at any one time, such judicial duties in any district court as the Chief Justice of the Supreme Court shall deem in the public interest for the expeditious disposition of the business of such courts.
B. It shall be the obligation of any retired judge who is recalled to temporary service under this section and who has not attained age 70 to accept the recall and perform the duties assigned. It shall be within the discretion of any judge who has attained age 70 to accept such recall.
C. Any judge recalled to duty under this section shall have all the powers, duties, and privileges attendant on the position he is recalled to serve.
D. Notwithstanding the
provisions of subsection A, the Chief Justice may call upon and authorize any
judge of a district court whose retirement becomes effective during the interim
period between regularly scheduled sessions of the General Assembly to sit in
recall either to (i) hear a specific case or cases pursuant to the provisions
of § 16.1-69.35, which designation shall continue in effect for the duration of
the case or cases, or (ii) perform, for a period of time not to exceed 90 days
at any one time, such judicial duties in any district court as the Chief
Justice shall deem in the public interest for the expeditious disposition of
the business of the courts.
E. D. All retired district court
judges who have requested to sit in recall shall be evaluated during the final year of the three-year period
following immediately following
retirement, prior to
qualification by the Senate Committee on the Judiciary and the House Committee
for Courts of Justice,
using an evaluation form prepared and distributed by the Office of the
Executive Secretary of the Supreme Court of Virginia. All
retired judges who have requested to sit in recall shall be evaluated annually
following such initial evaluations upon
retirement. An annual report
containing the results of all such initial and annual evaluations
conducted that year shall be prepared and transmitted to the Senate Committee
on the Judiciary and the House Committee for Courts of Justice by the first day
of the next regular session of the General Assembly.
§ 16.1-69.35. Administrative duties of chief district judge.
The chief judge of each district shall have the following administrative duties and authority with respect to his district:
1. When any district court judge is under any disability or for any other cause is unable to hold court and the chief judge determines that assistance is needed:
a. The chief district judge shall designate a judge within the district or a judge of another district court within the Commonwealth, if one is reasonably available, to hear and dispose of any action or actions properly coming before such district court for disposition;
b. If
unable to designate a judge as provided in subdivision 1 a, the chief
district judge may designate a retired district judge eligible for recall
pursuant to § 16.1-69.22:1 for such hearing and disposition if such judge
consents; or
c. If unable to assign a
retired district court judge, the The
chief district judge may designate a retired circuit court judge eligible for
recall pursuant to § 17.1-106 if such judge consents or the chief district
judge may request that the Chief Justice of the Supreme Court designate a
circuit judge if such judge consents.; or
If no judges are
available under subdivision a, b or c, then a d. A substitute
judge shall be designated pursuant to § 16.1-69.21.
While acting, any judge so designated shall have all the authority and power of the judge of the court, and his order or judgment shall, to all intents and purposes, be the judgment of the court. A general district court judge designated pursuant to subdivision 1 a, may, with his consent, substitute for or replace a juvenile and domestic relations district court judge, and vice versa. The names of the judges designated under subdivisions b and c shall be selected from a list provided by the Executive Secretary and approved by the Chief Justice of the Supreme Court.
2. The chief general district court judge of a district may designate any juvenile and domestic relations district court judge of the district, with the judge's consent, for an individual case or to sit and hear cases for a period of not more than one year, in any of the general district courts within the district. The chief juvenile and domestic relations district court judge of a district may designate any general district court judge of the district, with the judge's consent, for an individual case or to sit and hear cases for a period of not more than one year, in any of the juvenile and domestic relations district courts within the district. Every judge so designated shall have the same powers and jurisdiction and be authorized to perform the same duties as any judge of the district for which he is designated to assist, and, while so acting, his order or judgment shall be, for all purposes, the judgment of the court to which he is assigned.
3. If on account of congestion in the work of any district court or when in his opinion the administration of justice so requires, the Chief Justice of the Supreme Court may, upon his own initiative or upon written application of the chief district court judge desiring assistance, designate a judge from another district or any circuit court judge, if such circuit court judge consents, or a retired judge eligible for recall, to provide judicial assistance to such district. Every judge so designated shall have the same powers and jurisdiction and be authorized to perform the same duties as any judge of the district for which he is designated to assist and while so acting his order or judgment shall be, to all intents and purposes, the judgment of the court to which he is assigned.
4. Subject to such rules as may be established pursuant to § 16.1-69.32, the chief judge may establish special divisions of any general district court when the work of the court may be more efficiently handled thereby such as through the establishment of special civil, criminal or traffic divisions, and he may assign the judges of the general district court with respect to serving such special divisions. In the City of Richmond the general district court shall, in addition to any specialized divisions, maintain a separate division of such court in that part of Richmond south of the James River with concurrent jurisdiction over all matters arising in the City of Richmond.
5. Subject to such rules as may be established pursuant to § 16.1-69.32, the chief judge shall determine when the district courts or divisions of such courts shall be open for the transaction of business. The chief judge or presiding judge of any district court may authorize the clerk's office to close on any date when the chief judge or presiding judge determines that operation of the clerk's office, under prevailing conditions, would constitute a threat to the health or safety of the clerk's office personnel or the general public. Closing of the clerk's office pursuant to this subsection shall have the same effect as provided in subsection B of § 1-210. In determining whether to close because of a threat to the health or safety of the general public, the chief judge or the presiding judge of the district court shall coordinate with the chief judge or presiding judge of the circuit court so that, where possible and appropriate, both the circuit and district courts take the same action. He shall determine the times each such court shall be held for the trial of civil, criminal or traffic matters and cases. He shall determine whether, in the case of district courts in counties, court shall be held at any place or places in addition to the county seat or other place expressly authorized by statute. He shall determine the office hours and arrange a vacation schedule of the judges within his district, in order to ensure the availability of a judge or judges to the public at normal times of business. A schedule of the times and places at which court is held shall be filed with the Executive Secretary of the Supreme Court and kept posted at the courthouse, and in any county also at any such other place or places where court may be held, and the clerk shall make such schedules available to the public upon request. Any matter may, in the discretion of the judge, or by direction of the chief district judge, be removed from any one of such designated places to another, or to or from the county seat or other place expressly authorized by statute, in order to serve the convenience of the parties or to expedite the administration of justice; however, any town having a population of over 15,000 as of July 1, 1972, having court facilities and a court with both general criminal and civil jurisdiction prior to July 1, 1972, shall be designated by the chief judge as a place to hold court.
6. Subject to the provisions of § 16.1-69.38, the chief judge of a general district court or the chief judge of a juvenile and domestic relations district court may establish a voluntary civil mediation program for the alternate resolution of disputes. The costs of the program shall be paid by the local governing bodies within the district or by the parties who voluntarily participate in the program.
§ 17.1-106. Temporary recall of retired judges; evaluation.
A. The Chief Justice of the Supreme Court may call upon any judge of a circuit court who is retired under the Judicial Retirement System (§ 51.1-300 et seq.) and who has been found qualified within the preceding three years by the House Committee for Courts of Justice and the Senate Committee on the Judiciary to sit in recall either to (i) hear a specific case or cases pursuant to the provisions of § 17.1-105, such designation to continue in effect for the duration of the case or cases, or (ii) perform for a period of time not to exceed 90 days at any one time such judicial duties in any circuit court as the Chief Justice shall deem in the public interest for the expeditious disposition of the business of the courts.
B. It shall be the obligation of any retired judge who is recalled to temporary service under this section and who has not attained age 70 to accept the recall and perform the duties assigned. It shall be within the discretion of any judge who has attained age 70 to accept such recall.
C. Any judge recalled to duty under this section shall have all the powers, duties, and privileges attendant on the position he is recalled to serve.
D. Notwithstanding the
provisions of subsection A, the Chief Justice may call upon and authorize any
judge of a circuit court whose retirement becomes effective during the interim
period between regularly scheduled sessions of the General Assembly to sit in
recall either to (i) hear a specific case or cases pursuant to the provisions
of § 17.1-105, and such designation shall continue in effect for the duration
of the case or cases, or (ii) perform, for a period of time not to exceed 90
days at any one time, such judicial duties in any circuit court as the Chief
Justice shall deem in the public interest for the expeditious disposition of
the business of the courts.
E. D. All retired circuit court
judges who have requested to sit in recall shall be evaluated during the final year of the three-year period
following immediately
following retirement, prior
to qualification by the Senate
Committee on the Judiciary and the House Committee for Courts of Justice, using an evaluation form
prepared and distributed by the Office of the Executive Secretary of the
Supreme Court of Virginia. All
retired judges who have requested to sit in recall shall be evaluated annually
following such initial evaluation upon retirement. An annual report containing the results of all such
initial
and annual evaluations conducted that year shall be prepared and
transmitted to the Senate Committee on the Judiciary and the House Committee
for Courts of Justice by the first day of the next regular session of the
General Assembly.