19.2-37 - Magistrates; eligibility for appointment; restrictions on activities.
§ 19.2-37. Magistrates; eligibility for appointment; restrictions onactivities.
A. Any person who is a United States citizen and resident of the Commonwealthmay be appointed to the office of magistrate under this title subject to thelimitations of Chapter 28 (§ 2.2-2800 et seq.) of Title 2.2 and of thissection.
B. Every person appointed as a magistrate on and after July 1, 2008, shall berequired to have a bachelor's degree from an accredited institution of highereducation. A person initially appointed as a magistrate prior to July 1,2008, who continues in office without a break in service is not required tohave a bachelor's degree from an accredited institution of higher education.
C. A person shall not be eligible for appointment as a magistrate under theprovisions of this title: (a) if such person is a law-enforcement officer;(b) if such person or his spouse is a clerk, deputy or assistant clerk, oremployee of any such clerk of a district or circuit court, provided that theCommittee on District Courts may authorize a magistrate to assist in thedistrict court clerk's office on a part-time basis; (c) if the parent, child,spouse, or sibling of such person is a district or circuit court judge in themagisterial region where he will serve; or (d) if such person is the chiefexecutive officer, or a member of the board of supervisors, town or citycouncil, or other governing body for any political subdivision of theCommonwealth.
D. No magistrate shall issue any warrant or process in complaint of hisspouse, child, grandchild, parent, grandparent, parent-in-law, child-in-law,brother, sister, brother-in-law or sister-in-law, nephew, niece, uncle, aunt,first cousin, guardian or ward.
E. A magistrate may not engage in any other activity for financial gainduring the hours that he is serving on duty as a magistrate. A magistrate maynot be employed outside his duty hours without the prior written approval ofthe Executive Secretary.
F. No person appointed as a magistrate on or after July 1, 2008, may engagein the practice of law.
G. A magistrate who is designated as a marriage celebrant under § 20-25 maynot accept a fee, a gratuity, or any other thing of value for exercise ofauthority as a marriage celebrant.
(Code 1950, § 19.1-385; 1973, c. 545; 1975, c. 495; 1976, c. 138; 1978, cc.463, 760; 1984, c. 41; 1985, c. 45; 1986, c. 202; 1996, c. 112; 1999, c. 267;2004, c. 830; 2008, cc. 551, 691.)