16.1-69.35 - Administrative duties of chief district judge.
§ 16.1-69.35. Administrative duties of chief district judge.
The chief judge of each district shall have the following administrativeduties and authority with respect to his district:
1. When any district court judge is under any disability or for any othercause is unable to hold court and the chief judge determines that assistanceis needed:
a. The chief district judge shall designate a judge within the district or ajudge of another district court within the Commonwealth, if one is reasonablyavailable, to hear and dispose of any action or actions properly comingbefore such district court for disposition;
b. If unable to designate a judge as provided in subdivision 1 a, the chiefdistrict judge may designate a retired district judge for such hearing anddisposition if such judge consents; or
c. If unable to assign a retired district court judge, the chief districtjudge may designate a retired circuit court judge if such judge consents orthe chief district judge may request that the Chief Justice of the SupremeCourt designate a circuit judge if such judge consents.
If no judges are available under subdivision a, b or c, then a substitutejudge shall be designated pursuant to § 16.1-69.21.
While acting, any judge so designated shall have all the authority and powerof the judge of the court, and his order or judgment shall, to all intentsand purposes, be the judgment of the court. A general district court judgedesignated pursuant to subdivision 1 a, may, with his consent, substitute foror replace a juvenile and domestic relations district court judge, and viceversa. The names of the judges designated under subdivisions b and c shall beselected from a list provided by the Executive Secretary and approved by theChief Justice of the Supreme Court.
2. The chief general district court judge of a district may designate anyjuvenile and domestic relations district court judge of the district, withthe judge's consent, for an individual case or to sit and hear cases for aperiod of not more than one year, in any of the general district courtswithin the district. The chief juvenile and domestic relations district courtjudge of a district may designate any general district court judge of thedistrict, with the judge's consent, for an individual case or to sit and hearcases for a period of not more than one year, in any of the juvenile anddomestic relations district courts within the district. Every judge sodesignated shall have the same powers and jurisdiction and be authorized toperform the same duties as any judge of the district for which he isdesignated 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. If on account of congestion in the work of any district court or when inhis opinion the administration of justice so requires, the Chief Justice ofthe Supreme Court may, upon his own initiative or upon written application ofthe chief district court judge desiring assistance, designate a judge fromanother district or any circuit court judge, if such circuit court judgeconsents, or a retired judge to provide judicial assistance to such district.Every judge so designated shall have the same powers and jurisdiction and beauthorized to perform the same duties as any judge of the district for whichhe is designated to assist and while so acting his order or judgment shallbe, to all intents and purposes, the judgment of the court to which he isassigned.
4. Subject to such rules as may be established pursuant to § 16.1-69.32, thechief judge may establish special divisions of any general district courtwhen the work of the court may be more efficiently handled thereby such asthrough the establishment of special civil, criminal or traffic divisions,and he may assign the judges of the general district court with respect toserving such special divisions. In the City of Richmond the general districtcourt shall, in addition to any specialized divisions, maintain a separatedivision of such court in that part of Richmond south of the James River withconcurrent jurisdiction in civil matters whenever one or more of thedefendants reside or the cause of action or any part thereof arises in thatpart of the city, concurrent jurisdiction over all traffic matters arising inthat part of the city and exclusive jurisdiction over all other criminalmatters arising in that part of the city.
5. Subject to such rules as may be established pursuant to § 16.1-69.32, thechief judge shall determine when the district courts or divisions of suchcourts shall be open for the transaction of business. The chief judge orpresiding judge of any district court may authorize the clerk's office toclose on any date when the chief judge or presiding judge determines thatoperation of the clerk's office, under prevailing conditions, wouldconstitute a threat to the health or safety of the clerk's office personnelor the general public. Closing of the clerk's office pursuant to thissubsection 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 safetyof the general public, the chief judge or the presiding judge of the districtcourt shall coordinate with the chief judge or presiding judge of the circuitcourt so that, where possible and appropriate, both the circuit and districtcourts take the same action. He shall determine the times each such courtshall 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, courtshall be held at any place or places in addition to the county seat. He shalldetermine the office hours and arrange a vacation schedule of the judgeswithin his district, in order to ensure the availability of a judge or judgesto the public at normal times of business. A schedule of the times and placesat which court is held shall be filed with the Executive Secretary of theSupreme Court and kept posted at the courthouse, and in any county also atany such other place or places where court may be held, and the clerk shallmake such schedules available to the public upon request. Any matter may, inthe discretion of the judge, or by direction of the chief district judge, beremoved from any one of such designated places to another, or to or from thecounty seat, in order to serve the convenience of the parties or to expeditethe administration of justice; however, any town having a population of over15,000 as of July 1, 1972, having court facilities and a court with bothgeneral criminal and civil jurisdiction prior to July 1, 1972, shall bedesignated 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 generaldistrict court or the chief judge of a juvenile and domestic relationsdistrict court may establish a voluntary civil mediation program for thealternate resolution of disputes. The costs of the program shall be paid bythe local governing bodies within the district or by the parties whovoluntarily participate in the program.
(1972, c. 708; 1973, c. 546; 1976, cc. 307, 444; 1978, c. 200; 1984, c. 570;1987, c. 703; 1989, c. 264; 1991, cc. 177, 392; 1992, c. 387; 1995, c. 57;2001, c. 494; 2003, c. 102; 2005, cc. 207, 839; 2006, c. 144.)