2006 Code of Virginia § 16.1-69.9 - Judges in office continued; terms of judges; how elected or appointed

16.1-69.9. Judges in office continued; terms of judges; how elected orappointed.

Every judge or justice and every associate, assistant and substitute judge orjustice of a court not of record in office January 1, 1973, shall continue inoffice as a judge or substitute judge of such court under its designation asa general district court or juvenile and domestic relations district courtuntil the expiration of the term for which he was appointed or elected, oruntil a vacancy shall occur in his office or until a successor shall beappointed or elected, whichever is the latter.

Upon the expiration of such terms, or when a vacancy occurs, successors shallbe elected only as authorized pursuant to 16.1-69.10 and 16.1-69.14 andfor the term and in the manner following:

(a), (a1) [Repealed.]

(b) With respect to terms expiring on or after July 1, 1980, successors tojudges shall be elected for a term of six years by the General Assembly asprovided in (c) hereof.

Any vacancy in the office of any full-time district court judge shall befilled for a full term of six years in the manner prescribed herein; providedthat such vacancy shall not be filled except as provided in 16.1-69.9:3.

(c) Full-time district court judges shall be elected by the majority of themembers elected to each house of the General Assembly. No person shall beelected or reelected to a subsequent term under this section until he hassubmitted to a criminal history record search and a report of such search hasbeen received by the chairmen of the House and Senate Committees for Courtsof Justice. The judges of the circuit court having jurisdiction over thedistrict may nominate a panel of no more than three persons for eachjudgeship within the district who are deemed qualified to hold the office.The General Assembly may consider such nominations in electing a judge tofill the office but may elect a person not on such panel to fill the office.Nominations shall be forwarded to the clerks of both houses of the GeneralAssembly on or before December 15.

(d) No person with a criminal conviction for a felony shall be appointed as asubstitute judge.

If an appointment is to be made by two or more judges and there is a tievote, then the senior judge of the circuit court having jurisdiction in thedistrict shall make the appointment.

(1972, c. 708; 1973, c. 546; 1975, c. 5; 1976, c. 374; 1977, c. 536; 1980, c.194; 2004, c. 452.)