17.1-400 - Creation and organization; election and terms of judges; oath; vacancies; qualifications; incompatible activities prohibited; chief judge.
§ 17.1-400. Creation and organization; election and terms of judges; oath;vacancies; qualifications; incompatible activities prohibited; chief judge.
A. The Court of Appeals of Virginia is hereby established effective January1, 1985. It shall consist of 11 judges who shall be elected for terms ofeight years by the majority of the members elected to each house of theGeneral Assembly. Before entering upon the duties of the office, a judge ofthe Court of Appeals shall take the oath of office required by law. The oathshall be taken before a justice of the Supreme Court of Virginia or beforeany officer authorized by law to administer an oath. When any vacancy existswhile the General Assembly is not in session, the Governor may appoint asuccessor to serve until 30 days after the commencement of the next regularsession of the General Assembly. Whenever a vacancy occurs or exists in theoffice of a judge of the Court of Appeals while the General Assembly is insession, or when the term of office of a judge of the Court of Appeals willexpire or the office will be vacated at a date certain between theadjournment of the General Assembly and the commencement of the next sessionof the General Assembly, a successor may be elected at any time during asession preceding the date of such vacancy by the vote of a majority of themembers elected to each house of the General Assembly for a full term and,upon qualification, the successor shall enter at once upon the discharge ofthe duties of the office; however, such successor shall not qualify prior tothe predecessor leaving office. No person shall be elected or reelected to asubsequent term under this section until he has submitted to a criminalhistory record search and a report of such search has been received by thechairmen of the House and Senate Committees for Courts of Justice.
All judges of the Court of Appeals shall be residents of the Commonwealth andshall, at least five years prior to the appointment or election, have beenlicensed to practice law in the Commonwealth. No judge of the Court ofAppeals, during his continuance in office, shall engage in the practice oflaw within or without the Commonwealth or seek or accept any nonjudicialelective office, or hold any other office of public trust, or engage in anyother incompatible activity.
B. The chief judge shall be elected by majority vote of the judges of theCourt of Appeals to serve a term of four years.
C. If a judge of the Court of Appeals is absent or unable through sickness,disability, or any other reason to perform or discharge any official duty orfunction authorized or required by law, a (i) retired chief justice orretired justice of the Supreme Court of Virginia, (ii) retired chief judge orretired judge of the Court of Appeals of Virginia, or (iii) retired judge ofa circuit court of Virginia, with his or her prior consent, may be appointedby the chief judge of the Court of Appeals, acting upon his own initiative orupon a personal request from the absent or disabled judge, to perform ordischarge the official duties or functions of the absent or disabled judgeuntil that judge shall again be able to attend his duties. The chief judge ofthe Court of Appeals shall be notified forthwith at the time any absent ordisabled judge is able to return to his duties.
D. The chief judge of the Court of Appeals may, upon his own initiative,designate a (i) retired chief justice or retired justice of the Supreme Courtof Virginia, (ii) retired chief judge or retired judge of the Court ofAppeals of Virginia, or (iii) retired or active judge of a circuit court ofVirginia, with the prior consent of such justice or judge, to perform ordischarge the official duties or functions of a judge of the Court of Appealsif there is a need to do so due to congestion in the work of the court.Nothing in this subsection shall be construed to increase the number ofjudges of the Court of Appeals provided for in subsection A of this section.
E. Any retired chief justice, retired justice, retired chief judge or activeor retired judge sitting on the Court of Appeals pursuant to subsection C orD shall receive from the state treasury actual expenses for the time he orshe is actually engaged in holding court.
F. The powers and duties herein conferred or empowered upon the chief judgeof the Court of Appeals may be exercised and performed by any judge or anycommittee of judges of the court designated by the chief judge for suchpurpose.
(1983, c. 413, § 17-116.01; 1984, c. 701; 1987, c. 88; 1991, cc. 31, 442;1998, c. 872; 2000, c. 8; 2004, c. 452.)