{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/17.1-106.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/17.1-106.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/17.1-106.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/17.1-106.html"}],"law_id":63334,"edition_id":1,"section_id":63334,"structure_id":13578,"section_number":"17.1-106","catch_line":"Temporary recall of retired judges; evaluation","history":"1990, c. 832, \u00a7 17-7.01; 1998, c. 872; 2001, c. 59; 2014, c. 776; 2018, c. 709; 2022, c. 532; 2023, c. 313.","full_text":"A\n\nThe Chief Justice of the Supreme Court may call upon any justice of the Supreme Court, any judge of the Court of Appeals, or any judge of a circuit court who is retired under the Judicial Retirement System (§ 51.1-300 et seq.) when such retired justice or judge has been found qualified within the preceding three years by the House and Senate Committees for Courts of Justice to sit in recall either to (i) hear a specific case or cases pursuant to the provisions of § 17.1-105, such designation to continue in effect for the duration of the case or cases, or (ii) perform for a period of time not to exceed 90 days at any one time such judicial duties in any circuit court as the Chief Justice shall deem in the public interest for the expeditious disposition of the business of the courts.B\n\nIt shall be the obligation of any retired justice or judge who is recalled to temporary service under this section and who has not attained age 70 to accept the recall and perform the duties assigned. It shall be within the discretion of any justice or judge who has attained age 70 to accept such recall.C\n\nAny justice or judge recalled to duty under this section shall have all the powers, duties, and privileges attendant on the position he is recalled to serve.D\n\nNotwithstanding the provisions of subsection A, the Chief Justice may call upon and authorize any justice or judge of a court of record whose retirement becomes effective during the interim period between regularly scheduled sessions of the General Assembly to sit in recall either to (i) hear a specific case or cases pursuant to the provisions of § 17.1-105, and such designation shall continue in effect for the duration of the case or cases, or (ii) perform, for a period of time not to exceed 90 days at any one time, such judicial duties in any circuit court as the Chief Justice shall deem in the public interest for the expeditious disposition of the business of the courts.E\n\nAll retired circuit court judges who have requested to sit in recall shall be evaluated during the final year of the three-year period following qualification by the House and Senate Committees for Courts of Justice using an evaluation form prepared and distributed by the Office of the Executive Secretary of the Supreme Court of Virginia. An annual report containing the results of such evaluations conducted that year shall be prepared and transmitted to the House and Senate Committees for Courts of Justice by the first day of the next regular session of the General Assembly.","order_by":null,"text":{"0":{"id":230785,"text":"The Chief Justice of the Supreme Court may call upon any justice of the Supreme Court, any judge of the Court of Appeals, or any judge of a circuit court who is retired under the Judicial Retirement System (§ 51.1-300 et seq.) when such retired justice or judge has been found qualified within the preceding three years by the House and Senate Committees for Courts of Justice to sit in recall either to (i) hear a specific case or cases pursuant to the provisions of § 17.1-105, such designation to continue in effect for the duration of the case or cases, or (ii) perform for a period of time not to exceed 90 days at any one time such judicial duties in any circuit court as the Chief Justice shall deem in the public interest for the expeditious disposition of the business of the courts.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":230786,"text":"It shall be the obligation of any retired justice or judge who is recalled to temporary service under this section and who has not attained age 70 to accept the recall and perform the duties assigned. It shall be within the discretion of any justice or judge who has attained age 70 to accept such recall.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":230787,"text":"Any justice or judge recalled to duty under this section shall have all the powers, duties, and privileges attendant on the position he is recalled to serve.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":230788,"text":"Notwithstanding the provisions of subsection A, the Chief Justice may call upon and authorize any justice or judge of a court of record whose retirement becomes effective during the interim period between regularly scheduled sessions of the General Assembly to sit in recall either to (i) hear a specific case or cases pursuant to the provisions of § 17.1-105, and such designation shall continue in effect for the duration of the case or cases, or (ii) perform, for a period of time not to exceed 90 days at any one time, such judicial duties in any circuit court as the Chief Justice shall deem in the public interest for the expeditious disposition of the business of the courts.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":230789,"text":"All retired circuit court judges who have requested to sit in recall shall be evaluated during the final year of the three-year period following qualification by the House and Senate Committees for Courts of Justice using an evaluation form prepared and distributed by the Office of the Executive Secretary of the Supreme Court of Virginia. An annual report containing the results of such evaluations conducted that year shall be prepared and transmitted to the House and Senate Committees for Courts of Justice by the first day of the next regular session of the General Assembly.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"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; 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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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This law was first created in 1990. The record of its establishment is cataloged in chapter 832 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 1990 \u201cActs\u201d aren\u2019t available online. It has been modified 6 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 1998, chapter 872<\/a>; in 2001, chapter 59<\/a>; in 2014, chapter 776<\/a>; in 2018, chapter 709<\/a>; in 2022, chapter 532<\/a>; in 2023, chapter 313<\/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\/"},{"id":59242,"section_number":"17.1-105","catch_line":"Designation of judges to hold courts and assist other judges","order_by":null,"url":"\/17.1-105\/"},{"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\/"}],"refers_to":[{"id":59242,"section_number":"17.1-105","catch_line":"Designation of judges to hold courts and assist other judges","order_by":null,"url":"\/17.1-105\/"},{"id":73479,"section_number":"51.1-300","catch_line":"Judicial Retirement System continued; administration; application of provisions of Virginia Retirement System","order_by":null,"url":"\/51.1-300\/"}],"permalink":{"id":162827,"object_type":"law","relational_id":63334,"identifier":"17.1-106","token":"17.1\/1\/17.1-106","url":"\/17.1-106\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/17.1-106\/","token":"17.1\/1\/17.1-106","dublin_core":{"Title":"Temporary recall of retired judges; evaluation","Type":"Text","Format":"text\/html","Identifier":"\u00a7 17.1-106","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Chief Justice of the Supreme Court<\/span> may call upon any justice of the Supreme Court<\/span>, any judge<\/span> of the Court<\/span> of Appeals<\/span>, or any judge<\/span> of a circuit<\/span> court<\/span> who is retired under the Judicial Retirement System (§ 51.1-300<\/a> et seq.) when such retired justice or judge<\/span> has been found qualified within the preceding three years by the House and Senate Committees for Courts<\/span> of Justice to sit in recall either to (i) hear a specific case or cases pursuant to the provisions of § 17.1-105<\/a>, such designation to continue in effect for the duration of the case or cases, or (ii) perform for a period of time not to exceed 90 days at any one time such judicial duties in any circuit<\/span> court<\/span> as the Chief Justice shall deem in the public interest for the expeditious disposition<\/span> of the business of the courts<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> It shall be the obligation of any retired justice or judge<\/span> who is recalled to temporary service under this section and who has not attained age 70 to accept the recall and perform the duties assigned. It shall be within the discretion of any justice or judge<\/span> who has attained age 70 to accept such recall. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any justice or judge<\/span> recalled to duty under this section shall have all the powers, duties, and privileges<\/span> attendant on the position he is recalled to serve. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Notwithstanding the provisions of subsection A, the Chief Justice may call upon and authorize any justice or judge<\/span> of a court<\/span> of record whose retirement becomes effective during the interim period between regularly scheduled sessions of the General Assembly to sit in recall either to (i) hear a specific case or cases pursuant to the provisions of § 17.1-105<\/a>, and such designation shall continue in effect for the duration of the case or cases, or (ii) perform, for a period of time not to exceed 90 days at any one time, such judicial duties in any circuit<\/span> court<\/span> as the Chief Justice shall deem in the public interest for the expeditious disposition<\/span> of the business of the courts<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> All retired circuit<\/span> court<\/span> judges<\/span> who have requested to sit in recall shall be evaluated during the final year of the three-year period following qualification by the House and Senate Committees for Courts<\/span> of Justice using an evaluation form prepared and distributed by the Office of the Executive Secretary of the Supreme Court<\/span> of Virginia. An annual report containing the results of such evaluations conducted that year shall be prepared and transmitted to the House and Senate Committees for Courts<\/span> of Justice by the first day of the next regular session of the General Assembly. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nTEMPORARY RECALL OF RETIRED JUDGES; EVALUATION (\u00a7 17.1-106)\n\nA. The Chief Justice of the Supreme Court may call upon any justice of the\nSupreme Court, any judge of the Court of Appeals, or any judge of a circuit\ncourt who is retired under the Judicial Retirement System (§ 51.1-300 et\nseq.) when such retired justice or judge has been found qualified within the\npreceding three years by the House and Senate Committees for Courts of Justice\nto sit in recall either to (i) hear a specific case or cases pursuant to the\nprovisions of § 17.1-105, such designation to continue in effect for the\nduration of the case or cases, or (ii) perform for a period of time not to\nexceed 90 days at any one time such judicial duties in any circuit court as the\nChief Justice shall deem in the public interest for the expeditious disposition\nof the business of the courts.\n\nB. It shall be the obligation of any retired justice or judge who is recalled to\ntemporary service under this section and who has not attained age 70 to accept\nthe recall and perform the duties assigned. It shall be within the discretion of\nany justice or judge who has attained age 70 to accept such recall.\n\nC. Any justice or judge recalled to duty under this section shall have all the\npowers, duties, and privileges attendant on the position he is recalled to\nserve.\n\nD. Notwithstanding the provisions of subsection A, the Chief Justice may call\nupon and authorize any justice or judge of a court of record whose retirement\nbecomes effective during the interim period between regularly scheduled sessions\nof the General Assembly to sit in recall either to (i) hear a specific case or\ncases pursuant to the provisions of § 17.1-105, and such designation shall\ncontinue in effect for the duration of the case or cases, or (ii) perform, for a\nperiod of time not to exceed 90 days at any one time, such judicial duties in\nany circuit court as the Chief Justice shall deem in the public interest for the\nexpeditious disposition of the business of the courts.\n\nE. All retired circuit court judges who have requested to sit in recall shall be\nevaluated during the final year of the three-year period following qualification\nby the House and Senate Committees for Courts of Justice using an evaluation\nform prepared and distributed by the Office of the Executive Secretary of the\nSupreme Court of Virginia. An annual report containing the results of such\nevaluations conducted that year shall be prepared and transmitted to the House\nand Senate Committees for Courts of Justice by the first day of the next regular\nsession of the General Assembly.\n\nHISTORY: 1990, c. 832, \u00a7 17-7.01; 1998, c. 872; 2001, c. 59; 2014, c. 776;\n2018, c. 709; 2022, c. 532; 2023, c. 313.","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}}