15.2-1643 - Circuit courts to order court facilities to be repaired.
§ 15.2-1643. Circuit courts to order court facilities to be repaired.
A. When it appears to the circuit court for any county or city, from thereport of persons appointed to examine the court facilities, or otherwise,that the court facilities of such county or city are insecure, out of repair,or otherwise pose a danger to the health, welfare and safety of courtemployees or the public, the court shall enter an order, in the name and onbehalf of the Commonwealth against the supervisors of the county, or themembers of the council of the city, as the case may be, to show cause why amandamus should not issue, commanding them to cause the court facilities ofsuch county or city to be made secure, or put in good repair, or renderedotherwise safe as the case may be, and to proceed as in other cases ofmandamus, to cause the necessary work to be done. The court shall cause acopy of such order to be served upon each supervisor or member of thecouncil, as the case may be.
B. Upon the entry of such order, as provided in subsection A hereof, thechief judge of the circuit shall forthwith notify the Chief Justice of theSupreme Court of the entry thereof. Upon receipt of the notice, the ChiefJustice shall assign a judge of a circuit remote from the circuit wherein therepairs are alleged to be necessary to hear and determine whether, afterconsideration of such matters as set forth in subdivisions 1 through 4 ofthis subsection, the court facilities are in fact insecure or out of repairor otherwise pose a danger to the health, welfare and safety of courtemployees or the public and the extent to which repairs, if any, arenecessary.
Before a mandamus is issued, if the concerned governing body elects, or ifthe pleadings allege that the court facilities are in fact insecure or out ofrepair, or otherwise pose a danger to the health, welfare and safety of courtemployees or the public, or that a replacement or additional courthouse maybe needed, the local governing body shall appoint a five-member panel, threeof whom shall be qualified by training and experience as either an architector a professional engineer, not representing the same firms, to review thecourt facilities in question and make recommendations to the local governingbody and circuit court judge assigned by the Chief Justice concerning theconstruction or repairs deemed necessary.
In making their recommendations, the panel shall consider matters such as,but not limited to, the following:
1. Security provisions to safeguard court personnel, participants and thepublic;
2. Efficient layout and circulation patterns to maximize public access,promote efficient operations, and accommodate the diverse users;
3. Provision of administrative and service areas, judges' chambers, hearingrooms, conference rooms, prison holding areas, and public information areas;and
4. Comfort, safety and obsolescence of the existing facility or any partthereof.
The existing facilities shall be considered in relationship to their locationand the extent of their use, and their failure to meet any of these generalconsiderations shall not necessarily be deemed a cause for determining theminadequate.
In making their recommendations, the panel may consult recognized nationalstandard works in the field.
All costs, fees and expenses of the five-member panel, after approval by thelocal governing body, shall be paid by the county or city that appointed thepanel.
C. If, after hearing, the court finds that the court facilities are notinsecure or out of repair or otherwise unsafe, or having been in suchcondition, that the necessary repairs have been made, the court shall vacatethe order. If the court finds that the court facilities are insecure or outof repair or otherwise unsafe, it shall issue its mandamus as provided insubsection A. No mandamus shall require a county or city to erect areplacement or additional courthouse unless such replacement or additionalcourthouse has been recommended by the panel appointed pursuant to theprovisions of subsection B.
D. Appeals shall be allowed to the Supreme Court of Virginia as appeals fromcourts of equity are allowed.
(Code 1950, § 15-693.1; 1962, c. 623, § 15.1-267; 1975, c. 444; 1979, c. 507;1997, c. 587; 2002, c. 758.)