{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/17.1-105.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/17.1-105.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/17.1-105.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/17.1-105.html"}],"law_id":59242,"edition_id":1,"section_id":59242,"structure_id":13578,"section_number":"17.1-105","catch_line":"Designation of judges to hold courts and assist other judges","history":"Code 1919, \u00a7 5898, \u00a7 17-7; 1928, p. 746; 1936, p. 405; 1938, p. 138; 1948, p. 535; 1950, p. 52; 1954, c. 165; 1973, c. 544; 1998, c. 872; 2006, cc. 144, 306; 2014, c. 776.","full_text":"A\n\nIf a judge of any court of record is absent, sick or disabled or for any other reason unable to hold any regular or special term of the court, or any part thereof, or to perform or discharge any official duty or function authorized or required by law, a judge or retired judge of any court of record may be obtained by personal request of the disabled judge, or another judge of the circuit to hold the court for the whole or any part of such regular or special term and to discharge during vacation such duty or function, or, if the circumstances require, to perform all the duties and exercise all the powers and jurisdiction as judges of such circuit until the judge is again able to attend his duties. The designation of such judge shall be entered in the civil order book of the court, and a copy thereof sent to the Chief Justice of the Supreme Court. The Chief Justice shall be notified forthwith at the time any disabled judge is able to return to his duties.B\n\nIf all the judges of any court of record are so situated in respect to any case, civil or criminal, pending in their court as to render it improper, in their opinion, for them to preside at the trial, unless the cause or proceeding is removed, as provided by law, they shall enter the fact of record and the clerk of the court shall at once certify the same to the Chief Justice of the Supreme Court, who shall designate a judge of some other court of record or a retired judge of any such court to preside at the trial of such case.C\n\nIf a vacancy occurs in the office of a judge of a court of record that fact shall be immediately certified by the clerk of such court to the Governor, who may, instead of appointing a successor at once, request the Chief Justice to designate a judge of some other court of record or a retired judge of any such court to carry out the duties of the office, if there are insufficient judges in the circuit to carry out the work of the court, until the office has been filled in the mode prescribed by law. If any judge so designated shall be prevented by the duties of his court, or by sickness, from performing the duties required, he shall so inform the Chief Justice, who may designate another judge in his place.D\n\nDue to congestion in the work of any court of record or when in his opinion the administration of justice so requires, the Chief Justice may, upon his own initiative or upon application of the judge desiring assistance, designate a judge or retired judge of any court of record to assist the judge in the performance of his duties and every judge so designated shall have the same powers and jurisdiction and be authorized to perform the same duties as the judge whom he is designated to assist.E\n\nAny judge or retired judge sitting under any provision of this section or sitting by designation on any three-judge court shall receive from the state treasury actual expenses for the time he is actually engaged in holding court, except in those cases where the payment of such expenses is otherwise specifically provided by law.F\n\nThe powers and duties herein conferred and imposed upon the Chief Justice may be exercised and performed by any justice, or any committee of justices, of the Court, designated by the Chief Justice for such purpose.G\n\nIf the chief judge of any circuit is unable to perform the duties required by law, he shall notify the Chief Justice, who shall designate another judge of the same circuit to perform such duties.H\n\nIf any judge refuses unreasonably to serve as requested under the provisions of this section, the chief judge may report his refusal to the Judicial Inquiry and Review Commission.I\n\nAs used in this section, “retired judge” means a judge eligible for recall pursuant to § 17.1-106.","order_by":null,"text":{"0":{"id":217150,"text":"If a judge of any court of record is absent, sick or disabled or for any other reason unable to hold any regular or special term of the court, or any part thereof, or to perform or discharge any official duty or function authorized or required by law, a judge or retired judge of any court of record may be obtained by personal request of the disabled judge, or another judge of the circuit to hold the court for the whole or any part of such regular or special term and to discharge during vacation such duty or function, or, if the circumstances require, to perform all the duties and exercise all the powers and jurisdiction as judges of such circuit until the judge is again able to attend his duties. The designation of such judge shall be entered in the civil order book of the court, and a copy thereof sent to the Chief Justice of the Supreme Court. The Chief Justice shall be notified forthwith at the time any disabled judge is able to return to his duties.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":217151,"text":"If all the judges of any court of record are so situated in respect to any case, civil or criminal, pending in their court as to render it improper, in their opinion, for them to preside at the trial, unless the cause or proceeding is removed, as provided by law, they shall enter the fact of record and the clerk of the court shall at once certify the same to the Chief Justice of the Supreme Court, who shall designate a judge of some other court of record or a retired judge of any such court to preside at the trial of such case.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":217152,"text":"If a vacancy occurs in the office of a judge of a court of record that fact shall be immediately certified by the clerk of such court to the Governor, who may, instead of appointing a successor at once, request the Chief Justice to designate a judge of some other court of record or a retired judge of any such court to carry out the duties of the office, if there are insufficient judges in the circuit to carry out the work of the court, until the office has been filled in the mode prescribed by law. If any judge so designated shall be prevented by the duties of his court, or by sickness, from performing the duties required, he shall so inform the Chief Justice, who may designate another judge in his place.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":217153,"text":"Due to congestion in the work of any court of record or when in his opinion the administration of justice so requires, the Chief Justice may, upon his own initiative or upon application of the judge desiring assistance, designate a judge or retired judge of any court of record to assist the judge in the performance of his duties and every judge so designated shall have the same powers and jurisdiction and be authorized to perform the same duties as the judge whom he is designated to assist.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":217154,"text":"Any judge or retired judge sitting under any provision of this section or sitting by designation on any three-judge court shall receive from the state treasury actual expenses for the time he is actually engaged in holding court, except in those cases where the payment of such expenses is otherwise specifically provided by law.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":217155,"text":"The powers and duties herein conferred and imposed upon the Chief Justice may be exercised and performed by any justice, or any committee of justices, of the Court, designated by the Chief Justice for such purpose.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":217156,"text":"If the chief judge of any circuit is unable to perform the duties required by law, he shall notify the Chief Justice, who shall designate another judge of the same circuit to perform such duties.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":217157,"text":"If any judge refuses unreasonably to serve as requested under the provisions of this section, the chief judge may report his refusal to the Judicial Inquiry and Review Commission.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"8":{"id":217158,"text":"As used in this section, “retired judge” means a judge eligible for recall pursuant to § 17.1-106.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H"}},"ancestry":[{"id":13578,"edition_id":1,"name":"General Provisions","identifier":"1","label":"chapter","depth":2,"order_by":1,"parent_id":12766,"metadata":{},"date_created":"2026-06-26 03:45:18","date_modified":"2026-06-26 03:45:18","permalink":{"id":162801,"object_type":"structure","relational_id":13578,"identifier":"1","token":"17.1\/1","url":"\/17.1\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12766,"edition_id":1,"name":"Courts of Record","identifier":"17.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":162799,"object_type":"structure","relational_id":12766,"identifier":"17.1","token":"17.1","url":"\/17.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":55876,"structure_id":13578,"section_number":"17.1-100","catch_line":"Judicial performance evaluation program","url":"\/17.1-100\/","token":"17.1\/1\/17.1-100","metadata":false},{"id":63741,"structure_id":13578,"section_number":"17.1-101","catch_line":"Time within which a judge may qualify; failure vacates office","url":"\/17.1-101\/","token":"17.1\/1\/17.1-101","metadata":false},{"id":56802,"structure_id":13578,"section_number":"17.1-102","catch_line":"Justices and judges not permitted to practice law or seek or hold elective or other office","url":"\/17.1-102\/","token":"17.1\/1\/17.1-102","metadata":false},{"id":83655,"structure_id":13578,"section_number":"17.1-103","catch_line":"Residence requirements of judges","url":"\/17.1-103\/","token":"17.1\/1\/17.1-103","metadata":false},{"id":64488,"structure_id":13578,"section_number":"17.1-104","catch_line":"In election by court, votes to be recorded","url":"\/17.1-104\/","token":"17.1\/1\/17.1-104","metadata":false},{"id":59242,"structure_id":13578,"section_number":"17.1-105","catch_line":"Designation of judges to hold courts and assist other judges","url":"\/17.1-105\/","token":"17.1\/1\/17.1-105","metadata":false},{"id":63334,"structure_id":13578,"section_number":"17.1-106","catch_line":"Temporary recall of retired judges; evaluation","url":"\/17.1-106\/","token":"17.1\/1\/17.1-106","metadata":false},{"id":66613,"structure_id":13578,"section_number":"17.1-107","catch_line":"Designation of judge to assist regular judge holding case under advisement for unreasonable length of time","url":"\/17.1-107\/","token":"17.1\/1\/17.1-107","metadata":false},{"id":55475,"structure_id":13578,"section_number":"17.1-108","catch_line":"Reserved","url":"\/17.1-108\/","token":"17.1\/1\/17.1-108","metadata":false},{"id":83943,"structure_id":13578,"section_number":"17.1-109","catch_line":"Judges pro tempore","url":"\/17.1-109\/","token":"17.1\/1\/17.1-109","metadata":false},{"id":71265,"structure_id":13578,"section_number":"17.1-110","catch_line":"Their appointment and powers","url":"\/17.1-110\/","token":"17.1\/1\/17.1-110","metadata":false},{"id":74918,"structure_id":13578,"section_number":"17.1-111","catch_line":"Compensation","url":"\/17.1-111\/","token":"17.1\/1\/17.1-111","metadata":false},{"id":56504,"structure_id":13578,"section_number":"17.1-112","catch_line":"Sheriff to attend court as its officer","url":"\/17.1-112\/","token":"17.1\/1\/17.1-112","metadata":false},{"id":62243,"structure_id":13578,"section_number":"17.1-113","catch_line":"Places of holding courts; 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effect of failure to sit on day to which adjourned","url":"\/17.1-120\/","token":"17.1\/1\/17.1-120","metadata":false},{"id":58667,"structure_id":13578,"section_number":"17.1-121","catch_line":"Effect of change of time or place of court or failure to sit generally","url":"\/17.1-121\/","token":"17.1\/1\/17.1-121","metadata":false},{"id":72420,"structure_id":13578,"section_number":"17.1-122","catch_line":"Matters not determined to stand continued","url":"\/17.1-122\/","token":"17.1\/1\/17.1-122","metadata":false},{"id":85606,"structure_id":13578,"section_number":"17.1-123","catch_line":"How orders are recorded and signed","url":"\/17.1-123\/","token":"17.1\/1\/17.1-123","metadata":false},{"id":75584,"structure_id":13578,"section_number":"17.1-124","catch_line":"Order books; automated systems","url":"\/17.1-124\/","token":"17.1\/1\/17.1-124","metadata":false},{"id":61775,"structure_id":13578,"section_number":"17.1-125","catch_line":"Civil order book","url":"\/17.1-125\/","token":"17.1\/1\/17.1-125","metadata":false},{"id":74248,"structure_id":13578,"section_number":"17.1-126","catch_line":"Repealed","url":"\/17.1-126\/","token":"17.1\/1\/17.1-126","metadata":false},{"id":63838,"structure_id":13578,"section_number":"17.1-128","catch_line":"Recording evidence and incidents of trial in certain civil cases and cost thereof; cost of transcripts; preservation of original notes or records; certified transcript prima facie correct","url":"\/17.1-128\/","token":"17.1\/1\/17.1-128","metadata":false},{"id":74087,"structure_id":13578,"section_number":"17.1-128.1","catch_line":"Recording evidence and incidents of trial in certain misdemeanor cases","url":"\/17.1-128.1\/","token":"17.1\/1\/17.1-128.1","metadata":false},{"id":54541,"structure_id":13578,"section_number":"17.1-129","catch_line":"Filing date and time to be noted on papers","url":"\/17.1-129\/","token":"17.1\/1\/17.1-129","metadata":false},{"id":85929,"structure_id":13578,"section_number":"17.1-130","catch_line":"Execution of judgments and decrees of courts no longer existing","url":"\/17.1-130\/","token":"17.1\/1\/17.1-130","metadata":false},{"id":57339,"structure_id":13578,"section_number":"17.1-131","catch_line":"Jurisdiction to issue writs of mandamus in matters pertaining to action of service district commission","url":"\/17.1-131\/","token":"17.1\/1\/17.1-131","metadata":false},{"id":87235,"structure_id":13578,"section_number":"17.1-132","catch_line":"Courts Technology Fund","url":"\/17.1-132\/","token":"17.1\/1\/17.1-132","metadata":false}],"previous_section":{"id":64488,"structure_id":13578,"section_number":"17.1-104","catch_line":"In election by court, votes to be recorded","url":"\/17.1-104\/","token":"17.1\/1\/17.1-104","metadata":false},"next_section":{"id":63334,"structure_id":13578,"section_number":"17.1-106","catch_line":"Temporary recall of retired judges; evaluation","url":"\/17.1-106\/","token":"17.1\/1\/17.1-106","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/17.1-105\/","history_text":"

The record of this law\u2019s original creation isn\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 1954, chapter 165; in 1973, chapter 544; in 1998, chapter 872<\/a>; in 2006, chapters 144<\/a> and 306<\/a>; in 2014, chapter 776<\/a>.<\/p>","references":[{"id":63334,"section_number":"17.1-106","catch_line":"Temporary recall of retired judges; evaluation","order_by":null,"url":"\/17.1-106\/"},{"id":71265,"section_number":"17.1-110","catch_line":"Their appointment and powers","order_by":null,"url":"\/17.1-110\/"},{"id":82661,"section_number":"17.1-900","catch_line":"Definitions and application of chapter","order_by":null,"url":"\/17.1-900\/"},{"id":64628,"section_number":"18.2-57","catch_line":"Assault and battery; penalty","order_by":null,"url":"\/18.2-57\/"},{"id":60198,"section_number":"19.2-153","catch_line":"When judge cannot sit on trial; how another judge procured to try the case","order_by":null,"url":"\/19.2-153\/"}],"refers_to":[{"id":63334,"section_number":"17.1-106","catch_line":"Temporary recall of retired judges; evaluation","order_by":null,"url":"\/17.1-106\/"}],"permalink":{"id":162823,"object_type":"law","relational_id":59242,"identifier":"17.1-105","token":"17.1\/1\/17.1-105","url":"\/17.1-105\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/17.1-105\/","token":"17.1\/1\/17.1-105","dublin_core":{"Title":"Designation of judges to hold courts and assist other judges","Type":"Text","Format":"text\/html","Identifier":"\u00a7 17.1-105","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> If a judge of any court<\/span> of record is absent, sick or disabled or for any other reason unable to hold any regular or special term of the court<\/span>, or any part thereof, or to perform or discharge any official duty or function authorized or required by law<\/span>, a judge or retired judge<\/span> of any court<\/span> of record may be obtained by personal request of the disabled judge, or another judge of the circuit<\/span> to hold the court<\/span> for the whole or any part of such regular or special term and to discharge during vacation such duty or function, or, if the circumstances require, to perform all the duties and exercise all the powers and jurisdiction<\/span> as judges<\/span> of such circuit<\/span> until the judge is again able to attend his duties. The designation of such judge shall be entered in the civil order book<\/span> of the court<\/span>, and a copy thereof sent to the Chief Justice of the Supreme Court<\/span>. The Chief Justice shall be notified forthwith at the time any disabled judge is able to return to his duties. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If all the judges<\/span> of any court<\/span> of record are so situated in respect to any case, civil or criminal, pending in their court<\/span> as to render it improper, in their opinion<\/span>, for them to preside at the trial<\/span>, unless the cause or proceeding is removed, as provided by law<\/span>, they shall enter the fact<\/span> of record and the clerk of the court<\/span> shall at once certify the same to the Chief Justice of the Supreme Court<\/span>, who shall designate a judge of some other court<\/span> of record or a retired judge<\/span> of any such court<\/span> to preside at the trial<\/span> of such case. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If a vacancy occurs in the office of a judge of a court<\/span> of record that fact<\/span> shall be immediately certified by the clerk of such court<\/span> to the Governor, who may, instead of appointing a successor at once, request the Chief Justice to designate a judge of some other court<\/span> of record or a retired judge<\/span> of any such court<\/span> to carry out the duties of the office, if there are insufficient judges<\/span> in the circuit<\/span> to carry out the work of the court<\/span>, until the office has been filled in the mode prescribed by law<\/span>. If any judge so designated shall be prevented by the duties of his court<\/span>, or by sickness, from performing the duties required, he shall so inform the Chief Justice, who may designate another judge in his place. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Due to congestion in the work of any court<\/span> of record or when in his opinion<\/span> the administration of justice so requires, the Chief Justice may, upon his own initiative or upon application of the judge desiring assistance, designate a judge or retired judge<\/span> of any court<\/span> of record to assist the judge in the performance of his duties and every judge so designated shall have the same powers and jurisdiction<\/span> and be authorized to perform the same duties as the judge whom he is designated to assist. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Any judge or retired judge<\/span> sitting under any provision of this section or sitting by designation on any three-judge court<\/span> shall receive from the state treasury actual expenses for the time he is actually engaged in holding court<\/span>, except in those cases where the payment of such expenses is otherwise specifically provided by law<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The powers and duties herein conferred and imposed upon the Chief Justice may be exercised and performed by any justice, or any committee of justices, of the Court<\/span>, designated by the Chief Justice for such purpose. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> If the chief judge<\/span> of any circuit<\/span> is unable to perform the duties required by law<\/span>, he shall notify the Chief Justice, who shall designate another judge of the same circuit<\/span> to perform such duties. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> If any judge refuses unreasonably to serve as requested under the provisions of this section, the chief judge<\/span> may report his refusal to the Judicial Inquiry and Review Commission. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> As used in this section, “retired judge<\/span>” means a judge eligible for recall pursuant to § 17.1-106<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDESIGNATION OF JUDGES TO HOLD COURTS AND ASSIST OTHER JUDGES (\u00a7 17.1-105)\n\nA. If a judge of any court of record is absent, sick or disabled or for any\nother reason unable to hold any regular or special term of the court, or any\npart thereof, or to perform or discharge any official duty or function\nauthorized or required by law, a judge or retired judge of any court of record\nmay be obtained by personal request of the disabled judge, or another judge of\nthe circuit to hold the court for the whole or any part of such regular or\nspecial term and to discharge during vacation such duty or function, or, if the\ncircumstances require, to perform all the duties and exercise all the powers and\njurisdiction as judges of such circuit until the judge is again able to attend\nhis duties. The designation of such judge shall be entered in the civil order\nbook of the court, and a copy thereof sent to the Chief Justice of the Supreme\nCourt. The Chief Justice shall be notified forthwith at the time any disabled\njudge is able to return to his duties.\n\nB. If all the judges of any court of record are so situated in respect to any\ncase, civil or criminal, pending in their court as to render it improper, in\ntheir opinion, for them to preside at the trial, unless the cause or proceeding\nis removed, as provided by law, they shall enter the fact of record and the\nclerk of the court shall at once certify the same to the Chief Justice of the\nSupreme Court, who shall designate a judge of some other court of record or a\nretired judge of any such court to preside at the trial of such case.\n\nC. If a vacancy occurs in the office of a judge of a court of record that fact\nshall be immediately certified by the clerk of such court to the Governor, who\nmay, instead of appointing a successor at once, request the Chief Justice to\ndesignate a judge of some other court of record or a retired judge of any such\ncourt to carry out the duties of the office, if there are insufficient judges in\nthe circuit to carry out the work of the court, until the office has been filled\nin the mode prescribed by law. If any judge so designated shall be prevented by\nthe duties of his court, or by sickness, from performing the duties required, he\nshall so inform the Chief Justice, who may designate another judge in his place.\n\nD. Due to congestion in the work of any court of record or when in his opinion\nthe administration of justice so requires, the Chief Justice may, upon his own\ninitiative or upon application of the judge desiring assistance, designate a\njudge or retired judge of any court of record to assist the judge in the\nperformance of his duties and every judge so designated shall have the same\npowers and jurisdiction and be authorized to perform the same duties as the\njudge whom he is designated to assist.\n\nE. Any judge or retired judge sitting under any provision of this section or\nsitting by designation on any three-judge court shall receive from the state\ntreasury actual expenses for the time he is actually engaged in holding court,\nexcept in those cases where the payment of such expenses is otherwise\nspecifically provided by law.\n\nF. The powers and duties herein conferred and imposed upon the Chief Justice may\nbe exercised and performed by any justice, or any committee of justices, of the\nCourt, designated by the Chief Justice for such purpose.\n\nG. If the chief judge of any circuit is unable to perform the duties required by\nlaw, he shall notify the Chief Justice, who shall designate another judge of the\nsame circuit to perform such duties.\n\nH. If any judge refuses unreasonably to serve as requested under the provisions\nof this section, the chief judge may report his refusal to the Judicial Inquiry\nand Review Commission.\n\nI. As used in this section, “retired judge” means a judge eligible\nfor recall pursuant to § 17.1-106.\n\nHISTORY: Code 1919, \u00a7 5898, \u00a7 17-7; 1928, p. 746; 1936, p. 405; 1938, p. 138;\n1948, p. 535; 1950, p. 52; 1954, c. 165; 1973, c. 544; 1998, c. 872; 2006, cc.\n144, 306; 2014, c. 776.","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}}