Bill Text: VA HB967 | 2014 | Regular Session | Prefiled
Bill Title: Chief judges; duties.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-02-12 - Left in Courts of Justice [HB967 Detail]
Download: Virginia-2014-HB967-Prefiled.html
14101870D Be it enacted by the General Assembly of Virginia: 1. That §§16.1-69.22:1, 16.1-69.35, 17.1-105, and 17.1-106 of the Code of Virginia are amended and reenacted as follows: §16.1-69.22:1. Temporary recall of retired district court judges. A. The 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 seventy to accept the recall and perform the duties assigned. It shall be within the discretion of any judge who has attained age seventy 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. §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 c. If unable to assign a retired district court judge, the
chief district judge may designate a retired circuit court judge if such judge
consents If no judges are available under subdivision a, b, or c, then 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 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. 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 in civil matters whenever one or more of the defendants reside or the cause of action or any part thereof arises in that part of the city, concurrent jurisdiction over all traffic matters arising in that part of the city and exclusive jurisdiction over all other criminal matters arising in that part of the city. 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. 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, 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. §17.1-105. Designation of judges to hold courts and assist other judges. A. If a judge of any court of record is absent, sick or
disabled or for any other reason unable to hold any regular or special term of
the court, or any part thereof, or to perform or discharge any official duty or
function authorized or required by law, a judge or retired judge of any court
of record may be obtained by personal request of the disabled judge, or another
judge of the circuit to hold the court for the whole or any part of such
regular or special term and to discharge during vacation such duty or function,
or, if the circumstances require, to perform all the duties and exercise all
the powers and jurisdiction as judges of such circuit until the judge is again
able to attend his duties. The designation of such judge shall be entered in
the civil order book of the court B. If all the judges of any court of record are so situated in respect to any case, civil or criminal, pending in their court as to render it improper, in their opinion, for them to preside at the trial, unless the cause or proceeding is removed, as provided by law, they shall enter the fact of record and the clerk of the court shall at once certify the same to the Chief Justice of the Supreme Court, who shall designate a judge of some other court of record or a retired judge of any such court to preside at the trial of such case. C. If a vacancy occurs in the office of a judge of a court of
record, that fact shall be
immediately certified by the clerk of such court to the Governor, who may,
instead of appointing a successor at once, request the D. Due to congestion in the work of any court of record or
when in his opinion the administration of justice so requires, the E. Any judge or retired judge sitting under any provision of this section or sitting by designation on any three-judge court shall receive from the state treasury actual expenses for the time he is actually engaged in holding court, except in those cases where the payment of such expenses is otherwise specifically provided by law. F. The powers and duties herein conferred and imposed upon the Chief Justice may be exercised and performed by any justice, or any committee of justices, of the Court, designated by the Chief Justice for such purpose. G. If the chief judge of any circuit is unable to perform the
duties required by law, he shall notify the H. If any judge refuses unreasonably to serve as requested under the provisions of this section, the chief judge may report his refusal to the Judicial Inquiry and Review Commission. §17.1-106. Temporary recall of retired judges. A. The Chief Justice of the Supreme Court, the chief
judge of the Court of Appeals, and the chief judges of the various circuit
courts may call upon and authorize any justice or judge of
a court of record who is retired under the Judicial Retirement System (§
51.1-300 et seq.) B. It shall be the obligation of any retired judge or justice who is recalled to temporary service under this section and who has not attained age seventy to accept the recall and perform the duties assigned. It shall be within the discretion of any justice or judge who has attained age seventy to accept such recall. C. Any justice or 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. A retired justice of the Supreme Court or judge of the Court of Appeals recalled to active service shall be furnished an office, office supplies, and stenographer while performing such active service. |