{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/17.1-302.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/17.1-302.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/17.1-302.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/17.1-302.html"}],"law_id":71338,"edition_id":1,"section_id":71338,"structure_id":13211,"section_number":"17.1-302","catch_line":"Senior justice","history":"1977, c. 251, \u00a7 17-95.1; 1990, c. 897; 1998, cc. 190, 872; 2001, c. 295; 2004, c. 346; 2014, c. 776; 2018, c. 709.","full_text":"A\n\nAny Chief Justice or justice of the Supreme Court of Virginia who is eligible for retirement, other than for disability, with the prior consent of a majority of the members of the Court, may elect to retire under the Judicial Retirement System (§ 51.1-300 et seq.) and be designated a senior justice. In addition, any Chief Justice or justice of the Supreme Court of Virginia who is retired under the Judicial Retirement System (§ 51.1-300 et seq.) shall be subject to recall, with the consent of a majority of the members of the court, and may be known and designated as a senior justice.B\n\nAny Chief Justice or justice who has retired from active service, as provided in subsection A, may be designated and assigned by the Chief Justice of the Supreme Court of Virginia to perform the duties of a justice of the Court. Such justice shall have all the powers, duties, and privileges attendant on the position for which he is recalled to serve.C\n\nWhile serving in such status, a senior justice shall be deemed to be serving in a temporary capacity and, in addition to the retirement benefits received by such justice, shall receive as compensation a sum equal to one-fourth of the total compensation of an active justice of the Supreme Court of Virginia for a similar period of service. A retired justice, while performing the duties of a senior justice, shall be furnished office space, support staff, a telephone, and supplies as are furnished a justice of the Court.D\n\nA justice may terminate his status as a senior justice, or such status may be terminated by a majority of the members of the Court. Each justice designated a senior justice shall serve a one-year term unless the Court, by order or otherwise, extends the term for an additional year. There shall be no limit on the number of terms a senior justice may so serve.E\n\nOnly five retired justices shall serve as senior justices at any one time.F\n\nNothing in this section shall be construed to increase the number of justices of the Supreme Court provided for in Section 2 of Article VI of the Constitution of Virginia and in § 17.1-300.","order_by":null,"text":{"0":{"id":257161,"text":"Any Chief Justice or justice of the Supreme Court of Virginia who is eligible for retirement, other than for disability, with the prior consent of a majority of the members of the Court, may elect to retire under the Judicial Retirement System (§ 51.1-300 et seq.) and be designated a senior justice. In addition, any Chief Justice or justice of the Supreme Court of Virginia who is retired under the Judicial Retirement System (§ 51.1-300 et seq.) shall be subject to recall, with the consent of a majority of the members of the court, and may be known and designated as a senior justice.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":257162,"text":"Any Chief Justice or justice who has retired from active service, as provided in subsection A, may be designated and assigned by the Chief Justice of the Supreme Court of Virginia to perform the duties of a justice of the Court. Such justice shall have all the powers, duties, and privileges attendant on the position for which he is recalled to serve.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":257163,"text":"While serving in such status, a senior justice shall be deemed to be serving in a temporary capacity and, in addition to the retirement benefits received by such justice, shall receive as compensation a sum equal to one-fourth of the total compensation of an active justice of the Supreme Court of Virginia for a similar period of service. A retired justice, while performing the duties of a senior justice, shall be furnished office space, support staff, a telephone, and supplies as are furnished a justice of the Court.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":257164,"text":"A justice may terminate his status as a senior justice, or such status may be terminated by a majority of the members of the Court. Each justice designated a senior justice shall serve a one-year term unless the Court, by order or otherwise, extends the term for an additional year. There shall be no limit on the number of terms a senior justice may so serve.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":257165,"text":"Only five retired justices shall serve as senior justices at any one time.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":257166,"text":"Nothing in this section shall be construed to increase the number of justices of the Supreme Court provided for in Section 2 of Article VI of the Constitution of Virginia and in § 17.1-300.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":13211,"edition_id":1,"name":"Composition, Jurisdiction, etc","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":13210,"metadata":{},"date_created":"2026-06-26 03:44:27","date_modified":"2026-06-26 03:44:27","permalink":{"id":163483,"object_type":"structure","relational_id":13211,"identifier":"1","token":"17.1\/3\/1","url":"\/17.1\/3\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13210,"edition_id":1,"name":"Supreme Court","identifier":"3","label":"chapter","depth":2,"order_by":1,"parent_id":12766,"metadata":{},"date_created":"2026-06-26 03:44:27","date_modified":"2026-06-26 03:44:27","permalink":{"id":163481,"object_type":"structure","relational_id":13210,"identifier":"3","token":"17.1\/3","url":"\/17.1\/3\/","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":82628,"structure_id":13211,"section_number":"17.1-300","catch_line":"Composition of Court; quorum; Chief Justice","url":"\/17.1-300\/","token":"17.1\/3\/1\/17.1-300","metadata":false},{"id":72959,"structure_id":13211,"section_number":"17.1-301","catch_line":"Presiding justice when Chief Justice absent","url":"\/17.1-301\/","token":"17.1\/3\/1\/17.1-301","metadata":false},{"id":71338,"structure_id":13211,"section_number":"17.1-302","catch_line":"Senior justice","url":"\/17.1-302\/","token":"17.1\/3\/1\/17.1-302","metadata":false},{"id":54219,"structure_id":13211,"section_number":"17.1-303","catch_line":"Election of successor justice before date of vacancy","url":"\/17.1-303\/","token":"17.1\/3\/1\/17.1-303","metadata":false},{"id":83815,"structure_id":13211,"section_number":"17.1-304","catch_line":"Terms and sessions, state of emergency","url":"\/17.1-304\/","token":"17.1\/3\/1\/17.1-304","metadata":false},{"id":83662,"structure_id":13211,"section_number":"17.1-305","catch_line":"Special sessions","url":"\/17.1-305\/","token":"17.1\/3\/1\/17.1-305","metadata":false},{"id":80271,"structure_id":13211,"section_number":"17.1-306","catch_line":"What may be tried at special session; effect of decisions","url":"\/17.1-306\/","token":"17.1\/3\/1\/17.1-306","metadata":false},{"id":72709,"structure_id":13211,"section_number":"17.1-307","catch_line":"Information and recommendations as to other courts","url":"\/17.1-307\/","token":"17.1\/3\/1\/17.1-307","metadata":false},{"id":60503,"structure_id":13211,"section_number":"17.1-308","catch_line":"Court may sit and render final judgment en banc or in divisions; when decision becomes judgment of Court; majority must concur in declaring law unconstitutional; rehearings","url":"\/17.1-308\/","token":"17.1\/3\/1\/17.1-308","metadata":false},{"id":67392,"structure_id":13211,"section_number":"17.1-309","catch_line":"Jurisdiction of writs of mandamus and prohibition","url":"\/17.1-309\/","token":"17.1\/3\/1\/17.1-309","metadata":false},{"id":70980,"structure_id":13211,"section_number":"17.1-310","catch_line":"Habeas corpus, appeals, writs of error and supersedeas","url":"\/17.1-310\/","token":"17.1\/3\/1\/17.1-310","metadata":false},{"id":57165,"structure_id":13211,"section_number":"17.1-311","catch_line":"Where prohibition and mandamus issued and tried","url":"\/17.1-311\/","token":"17.1\/3\/1\/17.1-311","metadata":false},{"id":73210,"structure_id":13211,"section_number":"17.1-312","catch_line":"Where criminal jurisdiction exercised","url":"\/17.1-312\/","token":"17.1\/3\/1\/17.1-312","metadata":false},{"id":80630,"structure_id":13211,"section_number":"17.1-313","catch_line":"Repealed","url":"\/17.1-313\/","token":"17.1\/3\/1\/17.1-313","metadata":false},{"id":81866,"structure_id":13211,"section_number":"17.1-314","catch_line":"Executive Secretary","url":"\/17.1-314\/","token":"17.1\/3\/1\/17.1-314","metadata":false},{"id":58074,"structure_id":13211,"section_number":"17.1-315","catch_line":"Duties of Executive Secretary","url":"\/17.1-315\/","token":"17.1\/3\/1\/17.1-315","metadata":false},{"id":86938,"structure_id":13211,"section_number":"17.1-316","catch_line":"Printing and binding reports of Supreme Court","url":"\/17.1-316\/","token":"17.1\/3\/1\/17.1-316","metadata":false},{"id":73765,"structure_id":13211,"section_number":"17.1-317","catch_line":"Printing and distribution of advance sheets of such reports","url":"\/17.1-317\/","token":"17.1\/3\/1\/17.1-317","metadata":false},{"id":83585,"structure_id":13211,"section_number":"17.1-318","catch_line":"Repealed","url":"\/17.1-318\/","token":"17.1\/3\/1\/17.1-318","metadata":false},{"id":83279,"structure_id":13211,"section_number":"17.1-319","catch_line":"Custody and distribution of reports of Supreme Court; Court of Appeals","url":"\/17.1-319\/","token":"17.1\/3\/1\/17.1-319","metadata":false},{"id":79395,"structure_id":13211,"section_number":"17.1-320","catch_line":"Furnishing reports to law libraries destroyed by fire","url":"\/17.1-320\/","token":"17.1\/3\/1\/17.1-320","metadata":false},{"id":54358,"structure_id":13211,"section_number":"17.1-321","catch_line":"Reporter of Court; his appointment and salary","url":"\/17.1-321\/","token":"17.1\/3\/1\/17.1-321","metadata":false},{"id":60961,"structure_id":13211,"section_number":"17.1-322","catch_line":"Duties","url":"\/17.1-322\/","token":"17.1\/3\/1\/17.1-322","metadata":false},{"id":67635,"structure_id":13211,"section_number":"17.1-323","catch_line":"Clerk to deliver opinions to Reporter","url":"\/17.1-323\/","token":"17.1\/3\/1\/17.1-323","metadata":false}],"previous_section":{"id":72959,"structure_id":13211,"section_number":"17.1-301","catch_line":"Presiding justice when Chief Justice absent","url":"\/17.1-301\/","token":"17.1\/3\/1\/17.1-301","metadata":false},"next_section":{"id":54219,"structure_id":13211,"section_number":"17.1-303","catch_line":"Election of successor justice before date of vacancy","url":"\/17.1-303\/","token":"17.1\/3\/1\/17.1-303","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/17.1-302\/","history_text":"

This law was first created in 1977. The record of its establishment is cataloged in chapter 251 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 1977 \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 1990, chapter 897; in 1998, chapters 190<\/a> and 872<\/a>; in 2001, chapter 295<\/a>; in 2004, chapter 346<\/a>; in 2014, chapter 776<\/a>; in 2018, chapter 709<\/a>.<\/p>","references":[{"id":70782,"section_number":"30-399","catch_line":"Establishment of districts by the Supreme Court of Virginia","order_by":null,"url":"\/30-399\/"}],"refers_to":[{"id":82628,"section_number":"17.1-300","catch_line":"Composition of Court; quorum; Chief Justice","order_by":null,"url":"\/17.1-300\/"},{"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":163493,"object_type":"law","relational_id":71338,"identifier":"17.1-302","token":"17.1\/3\/1\/17.1-302","url":"\/17.1-302\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/17.1-302\/","token":"17.1\/3\/1\/17.1-302","dublin_core":{"Title":"Senior justice","Type":"Text","Format":"text\/html","Identifier":"\u00a7 17.1-302","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any Chief Justice or justice of the Supreme Court<\/span> of Virginia who is eligible for retirement, other than for disability, with the prior consent of a majority of the members of the Court<\/span>, may elect to retire under the Judicial Retirement System (§ 51.1-300<\/a> et seq.) and be designated a senior justice. In addition, any Chief Justice or justice of the Supreme Court<\/span> of Virginia who is retired under the Judicial Retirement System (§ 51.1-300<\/a> et seq.) shall be subject to recall, with the consent of a majority of the members of the court<\/span>, and may be known and designated as a senior justice. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any Chief Justice or justice who has retired from active service, as provided in subsection A, may be designated and assigned by the Chief Justice of the Supreme Court<\/span> of Virginia to perform the duties of a justice of the Court<\/span>. Such justice shall have all the powers, duties, and privileges<\/span> attendant on the position for which he is recalled to serve. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> While serving in such status, a senior justice shall be deemed to be serving in a temporary capacity and, in addition to the retirement benefits received by such justice, shall receive as compensation a sum equal to one-fourth of the total compensation of an active justice of the Supreme Court<\/span> of Virginia for a similar period of service. A retired justice, while performing the duties of a senior justice, shall be furnished office space, support staff, a telephone, and supplies as are furnished a justice of the Court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A justice may terminate his status as a senior justice, or such status may be terminated by a majority of the members of the Court<\/span>. Each justice designated a senior justice shall serve a one-year term unless the Court<\/span>, by order<\/span> or otherwise, extends the term for an additional year. There shall be no limit on the number of terms a senior justice may so serve. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Only five retired justices shall serve as senior justices at any one time. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Nothing in this section shall be construed to increase the number of justices of the Supreme Court<\/span> provided for in Section 2 of Article VI of the Constitution of Virginia and in § 17.1-300<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSENIOR JUSTICE (\u00a7 17.1-302)\n\nA. Any Chief Justice or justice of the Supreme Court of Virginia who is eligible\nfor retirement, other than for disability, with the prior consent of a majority\nof the members of the Court, may elect to retire under the Judicial Retirement\nSystem (§ 51.1-300 et seq.) and be designated a senior justice. In\naddition, any Chief Justice or justice of the Supreme Court of Virginia who is\nretired under the Judicial Retirement System (§ 51.1-300 et seq.) shall be\nsubject to recall, with the consent of a majority of the members of the court,\nand may be known and designated as a senior justice.\n\nB. Any Chief Justice or justice who has retired from active service, as provided\nin subsection A, may be designated and assigned by the Chief Justice of the\nSupreme Court of Virginia to perform the duties of a justice of the Court. Such\njustice shall have all the powers, duties, and privileges attendant on the\nposition for which he is recalled to serve.\n\nC. While serving in such status, a senior justice shall be deemed to be serving\nin a temporary capacity and, in addition to the retirement benefits received by\nsuch justice, shall receive as compensation a sum equal to one-fourth of the\ntotal compensation of an active justice of the Supreme Court of Virginia for a\nsimilar period of service. A retired justice, while performing the duties of a\nsenior justice, shall be furnished office space, support staff, a telephone, and\nsupplies as are furnished a justice of the Court.\n\nD. A justice may terminate his status as a senior justice, or such status may be\nterminated by a majority of the members of the Court. Each justice designated a\nsenior justice shall serve a one-year term unless the Court, by order or\notherwise, extends the term for an additional year. There shall be no limit on\nthe number of terms a senior justice may so serve.\n\nE. Only five retired justices shall serve as senior justices at any one time.\n\nF. Nothing in this section shall be construed to increase the number of justices\nof the Supreme Court provided for in Section 2 of Article VI of the Constitution\nof Virginia and in § 17.1-300.\n\nHISTORY: 1977, c. 251, \u00a7 17-95.1; 1990, c. 897; 1998, cc. 190, 872; 2001, c.\n295; 2004, c. 346; 2014, c. 776; 2018, c. 709.","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}}