{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-69.21.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-69.21.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-69.21.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-69.21.html"}],"law_id":65832,"edition_id":1,"section_id":65832,"structure_id":14202,"section_number":"16.1-69.21","catch_line":"When substitute to serve; his powers and duties","history":"1972, c. 708; 1973, c. 546; 1983, c. 128; 1984, c. 570; 2017, c. 650; 2020, c. 118.","full_text":"In the event of the inability of the judge to perform the duties of his office or any of them by reason of sickness, absence, vacation, interest in the proceeding or parties before the court, or otherwise, such judge or a person acting on his behalf shall promptly notify the appropriate chief district judge of such inability. If the chief district judge determines that the provisions of \u00a7 16.1-69.35 have been complied with or cannot reasonably be done within the time permitted and that no other full-time or retired judge is reasonably available to serve, the chief district judge may direct a substitute judge to serve as a judge of the court, which substitute may serve concurrently with one or more of the judges of the court or alone. When reasonably necessary, the chief district judge may designate a substitute judge from another district within the Commonwealth. The committee on district courts may adopt policies and procedures governing the utilization of substitute judges. In such event, those policies and procedures will, where applicable, control. While acting as judge, a substitute judge shall perform the same duties, exercise the same power and authority, and be subject to the same obligations as prescribed herein for the judge. A substitute judge shall retain the power to enter a final order in any case heard by such substitute judge for a period of 14 days after the date of a hearing of such case. While serving as judge of the court, the judge or the substitute judge may perform all acts with respect to the proceedings, judgments and acts of any other judge in connection with any action or proceeding then pending or theretofore disposed of in the court except as otherwise provided in this chapter in the same manner and with the same force and effect as if they were his own.","order_by":null,"text":{"0":{"id":239253,"text":"In the event of the inability of the judge to perform the duties of his office or any of them by reason of sickness, absence, vacation, interest in the proceeding or parties before the court, or otherwise, such judge or a person acting on his behalf shall promptly notify the appropriate chief district judge of such inability. If the chief district judge determines that the provisions of \u00a7 16.1-69.35 have been complied with or cannot reasonably be done within the time permitted and that no other full-time or retired judge is reasonably available to serve, the chief district judge may direct a substitute judge to serve as a judge of the court, which substitute may serve concurrently with one or more of the judges of the court or alone. When reasonably necessary, the chief district judge may designate a substitute judge from another district within the Commonwealth. The committee on district courts may adopt policies and procedures governing the utilization of substitute judges. In such event, those policies and procedures will, where applicable, control. While acting as judge, a substitute judge shall perform the same duties, exercise the same power and authority, and be subject to the same obligations as prescribed herein for the judge. A substitute judge shall retain the power to enter a final order in any case heard by such substitute judge for a period of 14 days after the date of a hearing of such case. While serving as judge of the court, the judge or the substitute judge may perform all acts with respect to the proceedings, judgments and acts of any other judge in connection with any action or proceeding then pending or theretofore disposed of in the court except as otherwise provided in this chapter in the same manner and with the same force and effect as if they were his own.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":14202,"edition_id":1,"name":"Districts; District Courts and Judges","identifier":"2","label":"article","depth":3,"order_by":1,"parent_id":13142,"metadata":{},"date_created":"2026-06-26 03:47:16","date_modified":"2026-06-26 03:47:16","permalink":{"id":162017,"object_type":"structure","relational_id":14202,"identifier":"2","token":"16.1\/4.1\/2","url":"\/16.1\/4.1\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13142,"edition_id":1,"name":"District Courts","identifier":"4.1","label":"chapter","depth":2,"order_by":1,"parent_id":12700,"metadata":{},"date_created":"2026-06-26 03:44:21","date_modified":"2026-06-26 03:44:21","permalink":{"id":161993,"object_type":"structure","relational_id":13142,"identifier":"4.1","token":"16.1\/4.1","url":"\/16.1\/4.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12700,"edition_id":1,"name":"Courts Not of Record","identifier":"16.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":160919,"object_type":"structure","relational_id":12700,"identifier":"16.1","token":"16.1","url":"\/16.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":74896,"structure_id":14202,"section_number":"16.1-69.10","catch_line":"Number of judges","url":"\/16.1-69.10\/","token":"16.1\/4.1\/2\/16.1-69.10","metadata":false},{"id":60380,"structure_id":14202,"section_number":"16.1-69.11","catch_line":"Chief judges; judges; substitute judges","url":"\/16.1-69.11\/","token":"16.1\/4.1\/2\/16.1-69.11","metadata":false},{"id":64952,"structure_id":14202,"section_number":"16.1-69.11:1","catch_line":"Acting chief judge","url":"\/16.1-69.11_1\/","token":"16.1\/4.1\/2\/16.1-69.11_1","metadata":false},{"id":68000,"structure_id":14202,"section_number":"16.1-69.12","catch_line":"Limitations on practice of law by judges","url":"\/16.1-69.12\/","token":"16.1\/4.1\/2\/16.1-69.12","metadata":false},{"id":71972,"structure_id":14202,"section_number":"16.1-69.13","catch_line":"Repealed","url":"\/16.1-69.13\/","token":"16.1\/4.1\/2\/16.1-69.13","metadata":false},{"id":69501,"structure_id":14202,"section_number":"16.1-69.14","catch_line":"Number of substitute judges","url":"\/16.1-69.14\/","token":"16.1\/4.1\/2\/16.1-69.14","metadata":false},{"id":61440,"structure_id":14202,"section_number":"16.1-69.15","catch_line":"Qualifications of judges","url":"\/16.1-69.15\/","token":"16.1\/4.1\/2\/16.1-69.15","metadata":false},{"id":78824,"structure_id":14202,"section_number":"16.1-69.16","catch_line":"Residence requirements","url":"\/16.1-69.16\/","token":"16.1\/4.1\/2\/16.1-69.16","metadata":false},{"id":83141,"structure_id":14202,"section_number":"16.1-69.17","catch_line":"Oath of office of judges, clerks and others","url":"\/16.1-69.17\/","token":"16.1\/4.1\/2\/16.1-69.17","metadata":false},{"id":86003,"structure_id":14202,"section_number":"16.1-69.17:1","catch_line":"Time within which a judge may qualify; failure to do so vacates office","url":"\/16.1-69.17_1\/","token":"16.1\/4.1\/2\/16.1-69.17_1","metadata":false},{"id":75117,"structure_id":14202,"section_number":"16.1-69.18","catch_line":"Bonds of judges, clerks, and others handling funds","url":"\/16.1-69.18\/","token":"16.1\/4.1\/2\/16.1-69.18","metadata":false},{"id":84267,"structure_id":14202,"section_number":"16.1-69.19","catch_line":"Incompatible offices","url":"\/16.1-69.19\/","token":"16.1\/4.1\/2\/16.1-69.19","metadata":false},{"id":73339,"structure_id":14202,"section_number":"16.1-69.20","catch_line":"Repealed","url":"\/16.1-69.20\/","token":"16.1\/4.1\/2\/16.1-69.20","metadata":false},{"id":65832,"structure_id":14202,"section_number":"16.1-69.21","catch_line":"When substitute to serve; his powers and duties","url":"\/16.1-69.21\/","token":"16.1\/4.1\/2\/16.1-69.21","metadata":false},{"id":58346,"structure_id":14202,"section_number":"16.1-69.22","catch_line":"Removal of judges and substitute judges","url":"\/16.1-69.22\/","token":"16.1\/4.1\/2\/16.1-69.22","metadata":false},{"id":66141,"structure_id":14202,"section_number":"16.1-69.22:1","catch_line":"Temporary recall of retired district court judges; evaluation","url":"\/16.1-69.22_1\/","token":"16.1\/4.1\/2\/16.1-69.22_1","metadata":false},{"id":56292,"structure_id":14202,"section_number":"16.1-69.23","catch_line":"In what cases judge disqualified","url":"\/16.1-69.23\/","token":"16.1\/4.1\/2\/16.1-69.23","metadata":false},{"id":66542,"structure_id":14202,"section_number":"16.1-69.24","catch_line":"Contempt of court","url":"\/16.1-69.24\/","token":"16.1\/4.1\/2\/16.1-69.24","metadata":false},{"id":66287,"structure_id":14202,"section_number":"16.1-69.25","catch_line":"Judge may issue warrants, summons, and subpoenas","url":"\/16.1-69.25\/","token":"16.1\/4.1\/2\/16.1-69.25","metadata":false},{"id":79351,"structure_id":14202,"section_number":"16.1-69.25:1","catch_line":"Judge shall order bill of particulars; time for motion","url":"\/16.1-69.25_1\/","token":"16.1\/4.1\/2\/16.1-69.25_1","metadata":false},{"id":82607,"structure_id":14202,"section_number":"16.1-69.26","catch_line":"Judges as conservators of the peace","url":"\/16.1-69.26\/","token":"16.1\/4.1\/2\/16.1-69.26","metadata":false},{"id":80094,"structure_id":14202,"section_number":"16.1-69.27","catch_line":"Additional powers of judges","url":"\/16.1-69.27\/","token":"16.1\/4.1\/2\/16.1-69.27","metadata":false},{"id":60852,"structure_id":14202,"section_number":"16.1-69.28","catch_line":"Commitment of insane, etc., persons","url":"\/16.1-69.28\/","token":"16.1\/4.1\/2\/16.1-69.28","metadata":false},{"id":55391,"structure_id":14202,"section_number":"16.1-69.29","catch_line":"Jurisdiction over certain waters","url":"\/16.1-69.29\/","token":"16.1\/4.1\/2\/16.1-69.29","metadata":false},{"id":70053,"structure_id":14202,"section_number":"16.1-69.29:1","catch_line":"Certain information to be made available to certain defendants found not guilty","url":"\/16.1-69.29_1\/","token":"16.1\/4.1\/2\/16.1-69.29_1","metadata":false},{"id":65606,"structure_id":14202,"section_number":"16.1-69.6","catch_line":"Establishment of districts","url":"\/16.1-69.6\/","token":"16.1\/4.1\/2\/16.1-69.6","metadata":false},{"id":83634,"structure_id":14202,"section_number":"16.1-69.6:1","catch_line":"Number of judges","url":"\/16.1-69.6_1\/","token":"16.1\/4.1\/2\/16.1-69.6_1","metadata":false},{"id":65834,"structure_id":14202,"section_number":"16.1-69.7","catch_line":"District courts","url":"\/16.1-69.7\/","token":"16.1\/4.1\/2\/16.1-69.7","metadata":false},{"id":83975,"structure_id":14202,"section_number":"16.1-69.7:1","catch_line":"Establishment of certain district courts","url":"\/16.1-69.7_1\/","token":"16.1\/4.1\/2\/16.1-69.7_1","metadata":false},{"id":80456,"structure_id":14202,"section_number":"16.1-69.8","catch_line":"Existing courts continued and redesignated; exception","url":"\/16.1-69.8\/","token":"16.1\/4.1\/2\/16.1-69.8","metadata":false},{"id":75903,"structure_id":14202,"section_number":"16.1-69.9","catch_line":"Judges in office continued; terms of judges; how elected or appointed","url":"\/16.1-69.9\/","token":"16.1\/4.1\/2\/16.1-69.9","metadata":false},{"id":81797,"structure_id":14202,"section_number":"16.1-69.9:1","catch_line":"Appointment, terms, etc., of substitute judges","url":"\/16.1-69.9_1\/","token":"16.1\/4.1\/2\/16.1-69.9_1","metadata":false},{"id":68869,"structure_id":14202,"section_number":"16.1-69.9:2","catch_line":"Vacancies in office of judges; terms of successor judges; appointment while General Assembly not in session","url":"\/16.1-69.9_2\/","token":"16.1\/4.1\/2\/16.1-69.9_2","metadata":false},{"id":72210,"structure_id":14202,"section_number":"16.1-69.9:3","catch_line":"Investigation and certification of necessity before vacancies filled","url":"\/16.1-69.9_3\/","token":"16.1\/4.1\/2\/16.1-69.9_3","metadata":false},{"id":82678,"structure_id":14202,"section_number":"16.1-69.9:4","catch_line":"Same; election of successor judges","url":"\/16.1-69.9_4\/","token":"16.1\/4.1\/2\/16.1-69.9_4","metadata":false}],"previous_section":{"id":73339,"structure_id":14202,"section_number":"16.1-69.20","catch_line":"Repealed","url":"\/16.1-69.20\/","token":"16.1\/4.1\/2\/16.1-69.20","metadata":false},"next_section":{"id":58346,"structure_id":14202,"section_number":"16.1-69.22","catch_line":"Removal of judges and substitute judges","url":"\/16.1-69.22\/","token":"16.1\/4.1\/2\/16.1-69.22","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-69.21\/","history_text":"<p>This law was first created in 1972. The record of its establishment is cataloged in chapter 708 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1972 \u201cActs\u201d aren\u2019t available online. It has been modified 5 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1973, chapter 546; in 1983, chapter 128; in 1984, chapter 570; in 2017, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?171+ful+CHAP0650\">650<\/a>; in 2020, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?201+ful+CHAP0118\">118<\/a>.<\/p>","references":[{"id":74349,"section_number":"16.1-69.35","catch_line":"Administrative duties of chief district judge","order_by":null,"url":"\/16.1-69.35\/"}],"refers_to":[{"id":74349,"section_number":"16.1-69.35","catch_line":"Administrative duties of chief district judge","order_by":null,"url":"\/16.1-69.35\/"}],"permalink":{"id":162071,"object_type":"law","relational_id":65832,"identifier":"16.1-69.21","token":"16.1\/4.1\/2\/16.1-69.21","url":"\/16.1-69.21\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-69.21\/","token":"16.1\/4.1\/2\/16.1-69.21","dublin_core":{"Title":"When substitute to serve; his powers and duties","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-69.21","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>In the event of the inability of the <span class=\"dictionary\">judge<\/span> to perform the duties of his office or any of them by reason of sickness, absence, vacation, interest in the proceeding or parties before the <span class=\"dictionary\">court<\/span>, or otherwise, such <span class=\"dictionary\">judge<\/span> or a person acting on his behalf shall promptly notify the appropriate chief district <span class=\"dictionary\">judge<\/span> of such inability. If the chief district <span class=\"dictionary\">judge<\/span> determines that the provisions of \u00a7&nbsp;<a class=\"law\" title=\"Administrative duties of chief district judge\" href=\"\/16.1-69.35\/\">16.1-69.35<\/a> have been complied with or cannot reasonably be done within the time permitted and that no other full-time or retired <span class=\"dictionary\">judge<\/span> is reasonably available to serve, the chief district <span class=\"dictionary\">judge<\/span> may direct a substitute <span class=\"dictionary\">judge<\/span> to serve as a <span class=\"dictionary\">judge<\/span> of the <span class=\"dictionary\">court<\/span>, which substitute may serve concurrently with one or more of the <span class=\"dictionary\">judges<\/span> of the <span class=\"dictionary\">court<\/span> or alone. When reasonably necessary, the chief district <span class=\"dictionary\">judge<\/span> may designate a substitute <span class=\"dictionary\">judge<\/span> from another district within the Commonwealth. The committee on district <span class=\"dictionary\">courts<\/span> may adopt policies and procedures governing the utilization of substitute <span class=\"dictionary\">judges<\/span>. In such event, those policies and procedures will, where applicable, control. While acting as <span class=\"dictionary\">judge<\/span>, a substitute <span class=\"dictionary\">judge<\/span> shall perform the same duties, exercise the same power and authority, and be subject to the same obligations as prescribed herein for the <span class=\"dictionary\">judge<\/span>. A substitute <span class=\"dictionary\">judge<\/span> shall retain the power to enter a <span class=\"dictionary\">final order<\/span> in any case heard by such substitute <span class=\"dictionary\">judge<\/span> for a period of 14 days after the date of a <span class=\"dictionary\">hearing<\/span> of such case. While serving as <span class=\"dictionary\">judge<\/span> of the <span class=\"dictionary\">court<\/span>, the <span class=\"dictionary\">judge<\/span> or the substitute <span class=\"dictionary\">judge<\/span> may perform all acts with respect to the proceedings, <span class=\"dictionary\">judgments<\/span> and acts of any other <span class=\"dictionary\">judge<\/span> in connection with any action or proceeding then pending or theretofore disposed of in the <span class=\"dictionary\">court<\/span> except as otherwise provided in this chapter in the same manner and with the same force and effect as if they were his own.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nWHEN SUBSTITUTE TO SERVE; HIS POWERS AND DUTIES (\u00a7 16.1-69.21)\n\nIn the event of the inability of the judge to perform the duties of his office\nor any of them by reason of sickness, absence, vacation, interest in the\nproceeding or parties before the court, or otherwise, such judge or a person\nacting on his behalf shall promptly notify the appropriate chief district judge\nof such inability. If the chief district judge determines that the provisions of\n\u00a7 16.1-69.35 have been complied with or cannot reasonably be done within the\ntime permitted and that no other full-time or retired judge is reasonably\navailable to serve, the chief district judge may direct a substitute judge to\nserve as a judge of the court, which substitute may serve concurrently with one\nor more of the judges of the court or alone. When reasonably necessary, the\nchief district judge may designate a substitute judge from another district\nwithin the Commonwealth. The committee on district courts may adopt policies and\nprocedures governing the utilization of substitute judges. In such event, those\npolicies and procedures will, where applicable, control. While acting as judge,\na substitute judge shall perform the same duties, exercise the same power and\nauthority, and be subject to the same obligations as prescribed herein for the\njudge. A substitute judge shall retain the power to enter a final order in any\ncase heard by such substitute judge for a period of 14 days after the date of a\nhearing of such case. While serving as judge of the court, the judge or the\nsubstitute judge may perform all acts with respect to the proceedings, judgments\nand acts of any other judge in connection with any action or proceeding then\npending or theretofore disposed of in the court except as otherwise provided in\nthis chapter in the same manner and with the same force and effect as if they\nwere his own.\n\nHISTORY: 1972, c. 708; 1973, c. 546; 1983, c. 128; 1984, c. 570; 2017, c. 650;\n2020, c. 118.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}