16.1-69.21 - When substitute to serve; his powers and duties.
§ 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 hisoffice or any of them by reason of sickness, absence, vacation, interest inthe proceeding or parties before the court, or otherwise, such judge or aperson acting on his behalf shall promptly notify the appropriate chiefdistrict judge of such inability. If the chief district judge determines thatthe provisions of § 16.1-69.35 have been complied with or cannot reasonablybe done within the time permitted and that no other full-time or retiredjudge is reasonably available to serve, the chief district judge may direct asubstitute judge to serve as a judge of the court, which substitute may serveconcurrently with one or more of the judges of the court or alone. Indesignating a substitute judge to serve, the chief district judge shall,whenever possible, select a substitute judge who does not regularly practicelaw in the court requiring the substitute. Where reasonably available, thechief district judge may designate a substitute judge from another districtwithin the Commonwealth. The committee on district courts may adopt policiesand procedures governing the utilization of substitute judges. In such event,those policies and procedures will, where applicable, control. While actingas judge a substitute judge shall perform the same duties, exercise the samepower and authority, and be subject to the same obligations as prescribedherein for the judge. While serving as judge of the court the judge or thesubstitute judge may perform all acts with respect to the proceedings,judgments and acts of any other judge in connection with any action orproceeding then pending or theretofore disposed of in the court except asotherwise provided in this chapter in the same manner and with the same forceand effect as if they were his own.
(1972, c. 708; 1973, c. 546; 1983, c. 128; 1984, c. 570.)