17.1-302 - Senior justice.
§ 17.1-302. Senior justice.
A. Any Chief Justice or justice of the Supreme Court of Virginia who iseligible for retirement, other than for disability, with the prior consent ofa majority of the members of the Court, may elect to retire and be designateda senior justice. In addition, any Chief Justice or justice of the SupremeCourt of Virginia who is retired and subject to recall pursuant to §17.1-106, with the consent of a majority of the members of the court, may beknown and designated as a senior justice.
B. Any Chief Justice or justice who has retired from active service, asprovided in subsection A, may be designated and assigned by the Chief Justiceof the Supreme Court of Virginia to perform the duties of a justice of theCourt.
C. While serving in such status, a senior justice shall be deemed to beserving in a temporary capacity and, in addition to the retirement benefitsreceived by such justice, shall receive as compensation a sum equal toone-fourth of the total compensation of an active justice of the SupremeCourt of Virginia for a similar period of service. A retired justice, whileperforming the duties of a senior justice, shall be furnished office space,support staff, a telephone, and supplies as are furnished a justice of theCourt.
D. A justice may terminate his status as a senior justice, or such status maybe terminated by a majority of the members of the Court. Each justicedesignated a senior justice shall serve a one-year term unless the Court, byorder or otherwise, extends the term for an additional year. There shall beno limit on the number of terms a senior justice may so serve.
E. Only five retired justices shall serve as senior justices at any one time.
F. Nothing in this section shall be construed to increase the number ofjustices of the Supreme Court provided for in Section 2 of Article VI of theConstitution of Virginia and in § 17.1-300.
(1977, c. 251, § 17-95.1; 1990, c. 897; 1998, cc. 190, 872; 2001, c. 295;2004, c. 346.)