2006 Code of Virginia § 17.1-105 - Designation of judges to hold courts and assist other judges

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 anyother reason unable to hold any regular or special term of the court, or anypart thereof, or to perform or discharge any official duty or functionauthorized or required by law, a judge or retired judge of any court ofrecord may be obtained by personal request of the disabled judge, or anotherjudge of the circuit to hold the court for the whole or any part of suchregular or special term and to discharge during vacation such duty orfunction, or, if the circumstances require, to perform all the duties andexercise all the powers and jurisdiction as judges of such circuit until thejudge is again able to attend his duties. The designation of such judge shallbe entered in the civil order book of the court, and a copy thereof sent tothe Chief Justice of the Supreme Court. The Chief Justice shall be notifiedforthwith at the time any disabled judge is able to return to his duties.

B. If all the judges of any court of record are so situated in respect to anycase, civil or criminal, pending in their court as to render it improper, intheir opinion, for them to preside at the trial, unless the cause orproceeding is removed, as provided by law, they shall enter the fact ofrecord and the clerk of the court shall at once certify the same to the ChiefJustice of the Supreme Court, who shall designate a judge of some other courtof record or a retired judge of any such court to preside at the trial ofsuch case.

C. If a vacancy occurs in the office of a judge of a court of record thatfact shall be immediately certified by the clerk of such court to theGovernor, who may, instead of appointing a successor at once, request theChief Justice to designate a judge of some other court of record or a retiredjudge of any such court to carry out the duties of the office, if there areinsufficient judges in the circuit to carry out the work of the court, untilthe office has been filled in the mode prescribed by law. If any judge sodesignated shall be prevented by the duties of his court, or by sickness,from performing the duties required, he shall so inform the Chief Justice,who may designate another judge in his place.

D. Due to congestion in the work of any court of record or when in hisopinion the administration of justice so requires, the Chief Justice may,upon his own initiative or upon application of the judge desiring assistance,designate a judge or retired judge of any court of record to assist the judgein the performance of his duties and every judge so designated shall have thesame powers and jurisdiction and be authorized to perform the same duties asthe judge whom he is designated to assist.

E. Any judge or retired judge sitting under any provision of this section orsitting by designation on any three-judge court shall receive from the statetreasury actual expenses for the time he is actually engaged in holdingcourt, except in those cases where the payment of such expenses is otherwisespecifically provided by law.

F. The powers and duties herein conferred and imposed upon the Chief Justicemay 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 requiredby law, he shall notify the Chief Justice, who shall designate another judgeof the same circuit to perform such duties.

H. If any judge refuses unreasonably to serve as requested under theprovisions of this section, the chief judge may report his refusal to theJudicial Inquiry and Review Commission.

(Code 1919, 5898, 17-7; 1928, p. 746; 1936, p. 405; 1938, p. 138; 1948,p. 535; 1950, p. 52; 1954, c. 165; 1973, c. 544; 1998, c. 872; 2006, cc. 144,306.)