{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/17.1-400.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/17.1-400.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/17.1-400.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/17.1-400.html"}],"law_id":87082,"edition_id":1,"section_id":87082,"structure_id":13285,"section_number":"17.1-400","catch_line":"Creation and organization; election and terms of judges; oath; vacancies; qualifications; incompatible activities prohibited; chief judge","history":"1983, c. 413, \u00a7 17-116.01; 1984, c. 701; 1987, c. 88; 1991, cc. 31, 442; 1998, c. 872; 2000, c. 8; 2004, c. 452; 2018, c. 578; 2021, Sp. Sess. I, c. 489.","full_text":"A\n\nThe Court of Appeals of Virginia is hereby established effective January 1, 1985. It shall consist of 17 judges who shall be elected for terms of eight years by the majority of the members elected to each house of the General Assembly. The General Assembly shall consider regional diversity in making its elections. Before entering upon the duties of the office, a judge of the Court of Appeals shall take the oath of office required by law. The oath shall be taken before a justice of the Supreme Court of Virginia or before any officer authorized by law to administer an oath. When any vacancy exists while the General Assembly is not in session, the Governor may appoint a successor to serve until 30 days after the commencement of the next regular session of the General Assembly. Whenever a vacancy occurs or exists in the office of a judge of the Court of Appeals while the General Assembly is in session, or when the term of office of a judge of the Court of Appeals will expire or the office will be vacant or vacated at a date certain between the adjournment of the General Assembly and the commencement of the next session of the General Assembly, a successor may be elected at any time during a session preceding the date of such vacancy by the vote of a majority of the members elected to each house of the General Assembly for a full term and, upon qualification, the successor shall enter at once upon the discharge of the duties of the office; however, such successor shall not qualify prior to the predecessor leaving office. No person shall be elected or reelected to a subsequent term under this section until he has submitted to a criminal history record search and submitted to a search of the central registry maintained pursuant to § 63.2-1515 for any founded complaint of child abuse or neglect and reports of such searches have been received by the Chairmen of the House and Senate Committees for Courts of Justice. If the person has not met the requirement of filing in the preceding calendar year a disclosure form prescribed in § 2.2-3117 or 30-111, he shall also provide a written statement of economic interests on the disclosure form prescribed in § 2.2-3117 to the Chairmen of the House and Senate Committees for Courts of Justice.\n\t\t\tAll judges of the Court of Appeals shall be residents of the Commonwealth and shall, at least five years prior to the appointment or election, have been licensed to practice law in the Commonwealth. No judge of the Court of Appeals, during his continuance in office, shall engage in the practice of law within or without the Commonwealth or seek or accept any nonjudicial elective office, or hold any other office of public trust, or engage in any other incompatible activity.B\n\nThe chief judge shall be elected by majority vote of the judges of the Court of Appeals to serve a term of four years.C\n\nIf a judge of the Court of Appeals is absent or unable through sickness, disability, or any other reason to perform or discharge any official duty or function authorized or required by law, a (i) retired chief justice or retired justice of the Supreme Court of Virginia, (ii) retired chief judge or retired judge of the Court of Appeals of Virginia, or (iii) retired judge of a circuit court of Virginia, with his or her prior consent, may be appointed by the chief judge of the Court of Appeals, acting upon his own initiative or upon a personal request from the absent or disabled judge, to perform or discharge the official duties or functions of the absent or disabled judge until that judge shall again be able to attend his duties. The chief judge of the Court of Appeals shall be notified forthwith at the time any absent or disabled judge is able to return to his duties.D\n\nThe chief judge of the Court of Appeals may, upon his own initiative, designate a (i) retired chief justice or retired justice of the Supreme Court of Virginia, (ii) retired chief judge or retired judge of the Court of Appeals of Virginia, or (iii) retired or active judge of a circuit court of Virginia, with the prior consent of such justice or judge, to perform or discharge the official duties or functions of a judge of the Court of Appeals if there is a need to do so due to congestion in the work of the court. Nothing in this subsection shall be construed to increase the number of judges of the Court of Appeals provided for in subsection A of this section.E\n\nAny retired chief justice, retired justice, retired chief judge or active or retired judge sitting on the Court of Appeals pursuant to subsection C or D shall receive from the state treasury actual expenses for the time he or she is actually engaged in holding court.F\n\nThe powers and duties herein conferred or empowered upon the chief judge of the Court of Appeals may be exercised and performed by any judge or any committee of judges of the court designated by the chief judge for such purpose.","order_by":null,"text":{"0":{"id":311810,"text":"The Court of Appeals of Virginia is hereby established effective January 1, 1985. It shall consist of 17 judges who shall be elected for terms of eight years by the majority of the members elected to each house of the General Assembly. The General Assembly shall consider regional diversity in making its elections. Before entering upon the duties of the office, a judge of the Court of Appeals shall take the oath of office required by law. The oath shall be taken before a justice of the Supreme Court of Virginia or before any officer authorized by law to administer an oath. When any vacancy exists while the General Assembly is not in session, the Governor may appoint a successor to serve until 30 days after the commencement of the next regular session of the General Assembly. Whenever a vacancy occurs or exists in the office of a judge of the Court of Appeals while the General Assembly is in session, or when the term of office of a judge of the Court of Appeals will expire or the office will be vacant or vacated at a date certain between the adjournment of the General Assembly and the commencement of the next session of the General Assembly, a successor may be elected at any time during a session preceding the date of such vacancy by the vote of a majority of the members elected to each house of the General Assembly for a full term and, upon qualification, the successor shall enter at once upon the discharge of the duties of the office; however, such successor shall not qualify prior to the predecessor leaving office. No person shall be elected or reelected to a subsequent term under this section until he has submitted to a criminal history record search and submitted to a search of the central registry maintained pursuant to § 63.2-1515 for any founded complaint of child abuse or neglect and reports of such searches have been received by the Chairmen of the House and Senate Committees for Courts of Justice. If the person has not met the requirement of filing in the preceding calendar year a disclosure form prescribed in § 2.2-3117 or 30-111, he shall also provide a written statement of economic interests on the disclosure form prescribed in § 2.2-3117 to the Chairmen of the House and Senate Committees for Courts of Justice.\n\t\t\tAll judges of the Court of Appeals shall be residents of the Commonwealth and shall, at least five years prior to the appointment or election, have been licensed to practice law in the Commonwealth. No judge of the Court of Appeals, during his continuance in office, shall engage in the practice of law within or without the Commonwealth or seek or accept any nonjudicial elective office, or hold any other office of public trust, or engage in any other incompatible activity.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":311811,"text":"The chief judge shall be elected by majority vote of the judges of the Court of Appeals to serve a term of four years.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":311812,"text":"If a judge of the Court of Appeals is absent or unable through sickness, disability, or any other reason to perform or discharge any official duty or function authorized or required by law, a (i) retired chief justice or retired justice of the Supreme Court of Virginia, (ii) retired chief judge or retired judge of the Court of Appeals of Virginia, or (iii) retired judge of a circuit court of Virginia, with his or her prior consent, may be appointed by the chief judge of the Court of Appeals, acting upon his own initiative or upon a personal request from the absent or disabled judge, to perform or discharge the official duties or functions of the absent or disabled judge until that judge shall again be able to attend his duties. The chief judge of the Court of Appeals shall be notified forthwith at the time any absent or disabled judge is able to return to his duties.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":311813,"text":"The chief judge of the Court of Appeals may, upon his own initiative, designate a (i) retired chief justice or retired justice of the Supreme Court of Virginia, (ii) retired chief judge or retired judge of the Court of Appeals of Virginia, or (iii) retired or active judge of a circuit court of Virginia, with the prior consent of such justice or judge, to perform or discharge the official duties or functions of a judge of the Court of Appeals if there is a need to do so due to congestion in the work of the court. Nothing in this subsection shall be construed to increase the number of judges of the Court of Appeals provided for in subsection A of this section.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":311814,"text":"Any retired chief justice, retired justice, retired chief judge or active or retired judge sitting on the Court of Appeals pursuant to subsection C or D shall receive from the state treasury actual expenses for the time he or she is actually engaged in holding court.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":311815,"text":"The powers and duties herein conferred or empowered upon the chief judge of the Court of Appeals may be exercised and performed by any judge or any committee of judges of the court designated by the chief judge for such purpose.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":13285,"edition_id":1,"name":"The Court of Appeals","identifier":"4","label":"chapter","depth":2,"order_by":1,"parent_id":12766,"metadata":{},"date_created":"2026-06-26 03:44:34","date_modified":"2026-06-26 03:44:34","permalink":{"id":163617,"object_type":"structure","relational_id":13285,"identifier":"4","token":"17.1\/4","url":"\/17.1\/4\/","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":87082,"structure_id":13285,"section_number":"17.1-400","catch_line":"Creation and organization; election and terms of judges; oath; vacancies; qualifications; incompatible activities prohibited; chief judge","url":"\/17.1-400\/","token":"17.1\/4\/17.1-400","metadata":false},{"id":87290,"structure_id":13285,"section_number":"17.1-401","catch_line":"Senior judge","url":"\/17.1-401\/","token":"17.1\/4\/17.1-401","metadata":false},{"id":54277,"structure_id":13285,"section_number":"17.1-402","catch_line":"Sessions; panels; quorum; presiding judges; hearings en banc","url":"\/17.1-402\/","token":"17.1\/4\/17.1-402","metadata":false},{"id":55346,"structure_id":13285,"section_number":"17.1-403","catch_line":"(For contingent effective date, see Acts 2025, c. 612, cl. 2) Rules of practice, procedure, and internal processes; promulgation by Supreme Court; amendments; summary disposition of appeals","url":"\/17.1-403\/","token":"17.1\/4\/17.1-403","metadata":false},{"id":85188,"structure_id":13285,"section_number":"17.1-404","catch_line":"Original jurisdiction in matters of contempt and injunctions, writs of mandamus, prohibition and habeas corpus","url":"\/17.1-404\/","token":"17.1\/4\/17.1-404","metadata":false},{"id":86129,"structure_id":13285,"section_number":"17.1-405","catch_line":"Appellate jurisdiction \u2014 Administrative agency, Virginia Workers' Compensation Commission, and civil matter appeals","url":"\/17.1-405\/","token":"17.1\/4\/17.1-405","metadata":false},{"id":87232,"structure_id":13285,"section_number":"17.1-406","catch_line":"Appeals in criminal matters; cases over which Court of Appeals does not have jurisdiction","url":"\/17.1-406\/","token":"17.1\/4\/17.1-406","metadata":false},{"id":69290,"structure_id":13285,"section_number":"17.1-407","catch_line":"Procedures on appeal","url":"\/17.1-407\/","token":"17.1\/4\/17.1-407","metadata":false},{"id":66044,"structure_id":13285,"section_number":"17.1-408","catch_line":"Time for filing; notice; opening brief; petition","url":"\/17.1-408\/","token":"17.1\/4\/17.1-408","metadata":false},{"id":59397,"structure_id":13285,"section_number":"17.1-409","catch_line":"Certification to the Supreme Court","url":"\/17.1-409\/","token":"17.1\/4\/17.1-409","metadata":false},{"id":63032,"structure_id":13285,"section_number":"17.1-410","catch_line":"Disposition of appeals; finality of decisions","url":"\/17.1-410\/","token":"17.1\/4\/17.1-410","metadata":false},{"id":61862,"structure_id":13285,"section_number":"17.1-411","catch_line":"Review by the Supreme Court","url":"\/17.1-411\/","token":"17.1\/4\/17.1-411","metadata":false},{"id":76830,"structure_id":13285,"section_number":"17.1-412","catch_line":"Affirmance, reversal, or modification of judgment; petition for appeal to Supreme Court upon award of new trial","url":"\/17.1-412\/","token":"17.1\/4\/17.1-412","metadata":false},{"id":83076,"structure_id":13285,"section_number":"17.1-413","catch_line":"Opinions; reporting, printing and electronic publication","url":"\/17.1-413\/","token":"17.1\/4\/17.1-413","metadata":false},{"id":64883,"structure_id":13285,"section_number":"17.1-414","catch_line":"Facilities and supplies","url":"\/17.1-414\/","token":"17.1\/4\/17.1-414","metadata":false},{"id":58691,"structure_id":13285,"section_number":"17.1-415","catch_line":"Compensation for judges; expenses","url":"\/17.1-415\/","token":"17.1\/4\/17.1-415","metadata":false},{"id":59054,"structure_id":13285,"section_number":"17.1-416","catch_line":"Clerk; seal; deputies and other employees; clerk's fees","url":"\/17.1-416\/","token":"17.1\/4\/17.1-416","metadata":false},{"id":57941,"structure_id":13285,"section_number":"17.1-417","catch_line":"Support staff","url":"\/17.1-417\/","token":"17.1\/4\/17.1-417","metadata":false},{"id":64769,"structure_id":13285,"section_number":"17.1-418","catch_line":"Fees charged by Clerk of the Court of Appeals","url":"\/17.1-418\/","token":"17.1\/4\/17.1-418","metadata":false}],"next_section":{"id":87290,"structure_id":13285,"section_number":"17.1-401","catch_line":"Senior judge","url":"\/17.1-401\/","token":"17.1\/4\/17.1-401","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/17.1-400\/","history_text":"

This law was first created in 1983. The record of its establishment is cataloged in chapter 413 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 1983 \u201cActs\u201d aren\u2019t available online. It has been modified 7 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 1984, chapter 701; in 1987, chapter 88; in 1991, chapters 31 and 442; in 1998, chapter 872<\/a>; in 2000, chapter 8<\/a>; in 2004, chapter 452<\/a>; in 2018, chapter 578<\/a>.<\/p>","references":[{"id":87290,"section_number":"17.1-401","catch_line":"Senior judge","order_by":null,"url":"\/17.1-401\/"}],"refers_to":[{"id":59503,"section_number":"2.2-3117","catch_line":"Disclosure form","order_by":null,"url":"\/2.2-3117\/"},{"id":76882,"section_number":"30-111","catch_line":"Disclosure form","order_by":null,"url":"\/30-111\/"},{"id":67092,"section_number":"63.2-1515","catch_line":"Central registry; disclosure of information","order_by":null,"url":"\/63.2-1515\/"}],"permalink":{"id":163619,"object_type":"law","relational_id":87082,"identifier":"17.1-400","token":"17.1\/4\/17.1-400","url":"\/17.1-400\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/17.1-400\/","token":"17.1\/4\/17.1-400","dublin_core":{"Title":"Creation and organization; election and terms of judges; oath; vacancies; qualifications; incompatible activities prohibited; chief judge","Type":"Text","Format":"text\/html","Identifier":"\u00a7 17.1-400","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Court<\/span> of Appeals<\/span> of Virginia is hereby established effective January 1, 1985. It shall consist of 17 judges<\/span> who shall be elected for terms of eight years by the majority of the members elected to each house of the General Assembly. The General Assembly shall consider regional diversity in making its elections. Before entering upon the duties of the office, a judge<\/span> of the Court<\/span> of Appeals<\/span> shall take the oath<\/span> of office required by law<\/span>. The oath<\/span> shall be taken before a justice of the Supreme Court<\/span> of Virginia or before any officer authorized by law<\/span> to administer an oath<\/span>. When any vacancy exists while the General Assembly is not in session, the Governor may appoint a successor to serve until 30 days after the commencement of the next regular session of the General Assembly. Whenever a vacancy occurs or exists in the office of a judge<\/span> of the Court<\/span> of Appeals<\/span> while the General Assembly is in session, or when the term of office of a judge<\/span> of the Court<\/span> of Appeals<\/span> will expire or the office will be vacant or vacated at a date certain between the adjournment of the General Assembly and the commencement of the next session of the General Assembly, a successor may be elected at any time during a session preceding the date of such vacancy by the vote of a majority of the members elected to each house of the General Assembly for a full term and, upon qualification, the successor shall enter at once upon the discharge of the duties of the office; however, such successor shall not qualify prior to the predecessor leaving office. No person shall be elected or reelected to a subsequent term under this section until he has submitted to a criminal history record search and submitted to a search of the central registry maintained pursuant to § 63.2-1515<\/a> for any founded complaint of child abuse or neglect and reports of such searches have been received by the Chairmen of the House and Senate Committees for Courts<\/span> of Justice. If the person has not met the requirement of filing in the preceding calendar year a disclosure form prescribed in § 2.2-3117<\/a> or 30-111<\/a>, he shall also provide a written statement of economic interests on the disclosure form prescribed in § 2.2-3117<\/a> to the Chairmen of the House and Senate Committees for Courts<\/span> of Justice.\n\t\t\tAll judges<\/span> of the Court<\/span> of Appeals<\/span> shall be residents of the Commonwealth and shall, at least five years prior to the appointment or election, have been licensed to practice law<\/span> in the Commonwealth. No judge<\/span> of the Court<\/span> of Appeals<\/span>, during his continuance<\/span> in office, shall engage in the practice of law<\/span> within or without the Commonwealth or seek or accept any nonjudicial elective office, or hold any other office of public trust, or engage in any other incompatible activity. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The chief judge<\/span> shall be elected by majority vote of the judges<\/span> of the Court<\/span> of Appeals<\/span> to serve a term of four years. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If a judge of the Court<\/span> of Appeals<\/span> is absent or unable through sickness, disability, or any other reason to perform or discharge any official duty or function authorized or required by law<\/span>, a (i) retired chief justice or retired justice of the Supreme Court<\/span> of Virginia, (ii) retired chief judge<\/span> or retired judge of the Court<\/span> of Appeals<\/span> of Virginia, or (iii) retired judge of a circuit<\/span> court<\/span> of Virginia, with his or her prior consent, may be appointed by the chief judge<\/span> of the Court<\/span> of Appeals<\/span>, acting upon his own initiative or upon a personal request from the absent or disabled judge, to perform or discharge the official duties or functions of the absent or disabled judge until that judge shall again be able to attend his duties. The chief judge<\/span> of the Court<\/span> of Appeals<\/span> shall be notified forthwith at the time any absent or disabled judge is able to return to his duties. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The chief judge<\/span> of the Court<\/span> of Appeals<\/span> may, upon his own initiative, designate a (i) retired chief justice or retired justice of the Supreme Court<\/span> of Virginia, (ii) retired chief judge<\/span> or retired judge of the Court<\/span> of Appeals<\/span> of Virginia, or (iii) retired or active judge<\/span> of a circuit<\/span> court<\/span> of Virginia, with the prior consent of such justice or judge, to perform or discharge the official duties or functions of a judge of the Court<\/span> of Appeals<\/span> if there is a need to do so due to congestion in the work of the court<\/span>. Nothing in this subsection shall be construed to increase the number of judges<\/span> of the Court<\/span> of Appeals<\/span> provided for in subsection A of this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Any retired chief justice, retired justice, retired chief judge<\/span> or active or retired judge sitting on the Court<\/span> of Appeals<\/span> pursuant to subsection C or D shall receive from the state treasury actual expenses for the time he or she is actually engaged in holding court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The powers and duties herein conferred or empowered upon the chief judge<\/span> of the Court<\/span> of Appeals<\/span> may be exercised and performed by any judge or any committee of judges<\/span> of the court<\/span> designated by the chief judge<\/span> for such purpose. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCREATION AND ORGANIZATION; ELECTION AND TERMS OF JUDGES; OATH; VACANCIES;\nQUALIFICATIONS; INCOMPATIBLE ACTIVITIES PROHIBITED; CHIEF JUDGE (\u00a7 17.1-400)\n\nA. The Court of Appeals of Virginia is hereby established effective January 1,\n1985. It shall consist of 17 judges who shall be elected for terms of eight\nyears by the majority of the members elected to each house of the General\nAssembly. The General Assembly shall consider regional diversity in making its\nelections. Before entering upon the duties of the office, a judge of the Court\nof Appeals shall take the oath of office required by law. The oath shall be\ntaken before a justice of the Supreme Court of Virginia or before any officer\nauthorized by law to administer an oath. When any vacancy exists while the\nGeneral Assembly is not in session, the Governor may appoint a successor to\nserve until 30 days after the commencement of the next regular session of the\nGeneral Assembly. Whenever a vacancy occurs or exists in the office of a judge\nof the Court of Appeals while the General Assembly is in session, or when the\nterm of office of a judge of the Court of Appeals will expire or the office will\nbe vacant or vacated at a date certain between the adjournment of the General\nAssembly and the commencement of the next session of the General Assembly, a\nsuccessor may be elected at any time during a session preceding the date of such\nvacancy by the vote of a majority of the members elected to each house of the\nGeneral Assembly for a full term and, upon qualification, the successor shall\nenter at once upon the discharge of the duties of the office; however, such\nsuccessor shall not qualify prior to the predecessor leaving office. No person\nshall be elected or reelected to a subsequent term under this section until he\nhas submitted to a criminal history record search and submitted to a search of\nthe central registry maintained pursuant to § 63.2-1515 for any founded\ncomplaint of child abuse or neglect and reports of such searches have been\nreceived by the Chairmen of the House and Senate Committees for Courts of\nJustice. If the person has not met the requirement of filing in the preceding\ncalendar year a disclosure form prescribed in § 2.2-3117 or 30-111, he\nshall also provide a written statement of economic interests on the disclosure\nform prescribed in § 2.2-3117 to the Chairmen of the House and Senate\nCommittees for Courts of Justice.\n\t\t\tAll judges of the Court of Appeals shall be residents of the Commonwealth and\nshall, at least five years prior to the appointment or election, have been\nlicensed to practice law in the Commonwealth. No judge of the Court of Appeals,\nduring his continuance in office, shall engage in the practice of law within or\nwithout the Commonwealth or seek or accept any nonjudicial elective office, or\nhold any other office of public trust, or engage in any other incompatible\nactivity.\n\nB. The chief judge shall be elected by majority vote of the judges of the Court\nof Appeals to serve a term of four years.\n\nC. If a judge of the Court of Appeals is absent or unable through sickness,\ndisability, or any other reason to perform or discharge any official duty or\nfunction authorized or required by law, a (i) retired chief justice or retired\njustice of the Supreme Court of Virginia, (ii) retired chief judge or retired\njudge of the Court of Appeals of Virginia, or (iii) retired judge of a circuit\ncourt of Virginia, with his or her prior consent, may be appointed by the chief\njudge of the Court of Appeals, acting upon his own initiative or upon a personal\nrequest from the absent or disabled judge, to perform or discharge the official\nduties or functions of the absent or disabled judge until that judge shall again\nbe able to attend his duties. The chief judge of the Court of Appeals shall be\nnotified forthwith at the time any absent or disabled judge is able to return to\nhis duties.\n\nD. The chief judge of the Court of Appeals may, upon his own initiative,\ndesignate a (i) retired chief justice or retired justice of the Supreme Court of\nVirginia, (ii) retired chief judge or retired judge of the Court of Appeals of\nVirginia, or (iii) retired or active judge of a circuit court of Virginia, with\nthe prior consent of such justice or judge, to perform or discharge the official\nduties or functions of a judge of the Court of Appeals if there is a need to do\nso due to congestion in the work of the court. Nothing in this subsection shall\nbe construed to increase the number of judges of the Court of Appeals provided\nfor in subsection A of this section.\n\nE. Any retired chief justice, retired justice, retired chief judge or active or\nretired judge sitting on the Court of Appeals pursuant to subsection C or D\nshall receive from the state treasury actual expenses for the time he or she is\nactually engaged in holding court.\n\nF. The powers and duties herein conferred or empowered upon the chief judge of\nthe Court of Appeals may be exercised and performed by any judge or any\ncommittee of judges of the court designated by the chief judge for such purpose.\n\nHISTORY: 1983, c. 413, \u00a7 17-116.01; 1984, c. 701; 1987, c. 88; 1991, cc. 31,\n442; 1998, c. 872; 2000, c. 8; 2004, c. 452; 2018, c. 578; 2021, Sp. Sess. I, c.\n489.","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}}