{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/17.1-401.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/17.1-401.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/17.1-401.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/17.1-401.html"}],"law_id":87290,"edition_id":1,"section_id":87290,"structure_id":13285,"section_number":"17.1-401","catch_line":"Senior judge","history":"1993, c. 421, \u00a7 17-116.01:1; 1994, c. 401; 1998, cc. 190, 872; 2001, c. 295; 2004, c. 346; 2014, c. 776; 2018, c. 709; 2021, Sp. Sess. I, c. 489.","full_text":"A\n\nAny chief judge or judge of the Court of Appeals who is eligible for retirement, other than for disability, with the consent of a majority of the members of the court first obtained, may elect to retire under the Judicial Retirement System (§ 51.1-300 et seq.) and be known and designated as a senior judge. In addition, any chief judge or judge of the Court of Appeals 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 judge.B\n\nAny chief judge or judge who has retired from active service, as provided in subsection A, may be designated and assigned by the Chief Judge of the Court of Appeals to perform the duties of a judge of the court. Such judge 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 judge shall be deemed to be serving in a temporary capacity and, in addition to the retirement benefits received by such judge, shall receive as compensation a sum equal to one-fourth of the total compensation of an active judge of the Court of Appeals for a similar period of service. A retired judge, while performing the duties of a senior judge, shall be furnished office space, support staff, a telephone, and supplies as are furnished a judge of the court.D\n\nA judge may terminate his status as a senior judge, or such status may be terminated by a majority of the members of the court. Each judge designated a senior judge 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 judge may so serve.E\n\nOnly seven retired judges shall serve as senior judges at any one time.F\n\nNothing in this section shall be construed to increase the number of judges of the Court of Appeals provided for in § 17.1-400.","order_by":null,"text":{"0":{"id":312592,"text":"Any chief judge or judge of the Court of Appeals who is eligible for retirement, other than for disability, with the consent of a majority of the members of the court first obtained, may elect to retire under the Judicial Retirement System (§ 51.1-300 et seq.) and be known and designated as a senior judge. In addition, any chief judge or judge of the Court of Appeals 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 judge.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":312593,"text":"Any chief judge or judge who has retired from active service, as provided in subsection A, may be designated and assigned by the Chief Judge of the Court of Appeals to perform the duties of a judge of the court. Such judge 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":312594,"text":"While serving in such status, a senior judge shall be deemed to be serving in a temporary capacity and, in addition to the retirement benefits received by such judge, shall receive as compensation a sum equal to one-fourth of the total compensation of an active judge of the Court of Appeals for a similar period of service. A retired judge, while performing the duties of a senior judge, shall be furnished office space, support staff, a telephone, and supplies as are furnished a judge 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":312595,"text":"A judge may terminate his status as a senior judge, or such status may be terminated by a majority of the members of the court. Each judge designated a senior judge 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 judge 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":312596,"text":"Only seven retired judges shall serve as senior judges 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":312597,"text":"Nothing in this section shall be construed to increase the number of judges of the Court of Appeals provided for in § 17.1-400.","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}],"previous_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","url":"\/17.1-400\/","token":"17.1\/4\/17.1-400","metadata":false},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/17.1-401\/","history_text":"

This law was first created in 1993. The record of its establishment is cataloged in chapter 421 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 1993 \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 1994, chapter 401<\/a>; 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":false,"refers_to":[{"id":87082,"section_number":"17.1-400","catch_line":"Creation and organization; election and terms of judges; oath; vacancies; qualifications; incompatible activities prohibited; chief judge","order_by":null,"url":"\/17.1-400\/"},{"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":163623,"object_type":"law","relational_id":87290,"identifier":"17.1-401","token":"17.1\/4\/17.1-401","url":"\/17.1-401\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/17.1-401\/","token":"17.1\/4\/17.1-401","dublin_core":{"Title":"Senior judge","Type":"Text","Format":"text\/html","Identifier":"\u00a7 17.1-401","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any chief judge<\/span> or judge of the Court<\/span> of Appeals<\/span> who is eligible for retirement, other than for disability, with the consent of a majority of the members of the court<\/span> first obtained, may elect to retire under the Judicial Retirement System (§ 51.1-300<\/a> et seq.) and be known and designated as a senior judge<\/span>. In addition, any chief judge<\/span> or judge of the Court<\/span> of Appeals<\/span> 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 judge<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any chief judge<\/span> or judge who has retired from active service, as provided in subsection A, may be designated and assigned by the Chief Judge<\/span> of the Court<\/span> of Appeals<\/span> to perform the duties of a judge of the court<\/span>. Such judge 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 judge<\/span> shall be deemed to be serving in a temporary capacity and, in addition to the retirement benefits received by such judge, shall receive as compensation a sum equal to one-fourth of the total compensation of an active judge<\/span> of the Court<\/span> of Appeals<\/span> for a similar period of service. A retired judge, while performing the duties of a senior judge<\/span>, shall be furnished office space, support staff, a telephone, and supplies as are furnished a judge of the court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A judge may terminate his status as a senior judge<\/span>, or such status may be terminated by a majority of the members of the court<\/span>. Each judge designated a senior judge<\/span> 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 judge<\/span> may so serve. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Only seven retired judges shall serve as senior judges<\/span> 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 judges of the Court<\/span> of Appeals<\/span> provided for in § 17.1-400<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSENIOR JUDGE (\u00a7 17.1-401)\n\nA. Any chief judge or judge of the Court of Appeals who is eligible for\nretirement, other than for disability, with the consent of a majority of the\nmembers of the court first obtained, may elect to retire under the Judicial\nRetirement System (§ 51.1-300 et seq.) and be known and designated as a\nsenior judge. In addition, any chief judge or judge of the Court of Appeals who\nis retired under the Judicial Retirement System (§ 51.1-300 et seq.) shall\nbe subject to recall, with the consent of a majority of the members of the\ncourt, and may be known and designated as a senior judge.\n\nB. Any chief judge or judge who has retired from active service, as provided in\nsubsection A, may be designated and assigned by the Chief Judge of the Court of\nAppeals to perform the duties of a judge of the court. Such judge shall have all\nthe powers, duties, and privileges attendant on the position for which he is\nrecalled to serve.\n\nC. While serving in such status, a senior judge shall be deemed to be serving in\na temporary capacity and, in addition to the retirement benefits received by\nsuch judge, shall receive as compensation a sum equal to one-fourth of the total\ncompensation of an active judge of the Court of Appeals for a similar period of\nservice. A retired judge, while performing the duties of a senior judge, shall\nbe furnished office space, support staff, a telephone, and supplies as are\nfurnished a judge of the court.\n\nD. A judge may terminate his status as a senior judge, or such status may be\nterminated by a majority of the members of the court. Each judge designated a\nsenior judge 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 judge may so serve.\n\nE. Only seven retired judges shall serve as senior judges at any one time.\n\nF. Nothing in this section shall be construed to increase the number of judges\nof the Court of Appeals provided for in § 17.1-400.\n\nHISTORY: 1993, c. 421, \u00a7 17-116.01:1; 1994, c. 401; 1998, cc. 190, 872; 2001,\nc. 295; 2004, c. 346; 2014, c. 776; 2018, c. 709; 2021, Sp. Sess. I, c. 489.","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}}