{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/17.1-912.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/17.1-912.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/17.1-912.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/17.1-912.html"}],"law_id":59121,"edition_id":1,"section_id":59121,"structure_id":14505,"section_number":"17.1-912","catch_line":"Physical or mental examination","history":"1998, cc. 672, 862, \u00a7 2.1-37.12:2; 2001, c. 844.","full_text":"A\n\nWhenever the Commission has probable cause to believe a judge is unable to perform his duties as a judge because of excessive use of alcohol or drugs or physical or mental illness, the Commission, after preliminary investigation by informal conference, may direct that the judge submit to a mental or physical examination by a health care provider approved by the Commission after consultation with the judge. The health care provider’s report shall be in writing. Upon request, the judge shall provide the Commission with all waivers and releases necessary to authorize the Commission to receive all medical records, reports, and information from any health care provider regarding the judge’s mental or physical condition.B\n\nAny judge ordered to be examined pursuant to this section shall be afforded reasonable notice and an opportunity for a hearing before such examination is conducted as to any matters regarding the examination and as to whether there is probable cause to believe that the judge is unable to perform his duties as a judge because of excessive use of alcohol or drugs or physical or mental illness. During such hearing, the judge shall have the right to call witnesses on his behalf.C\n\nAll costs related to examinations conducted at the direction of the Commission shall be paid out of sums appropriated for the operation of the Commission. The failure of a judge to submit to an examination ordered pursuant to this section or to provide waivers and releases required by this section shall constitute grounds for a new charge.","order_by":null,"text":{"0":{"id":216799,"text":"Whenever the Commission has probable cause to believe a judge is unable to perform his duties as a judge because of excessive use of alcohol or drugs or physical or mental illness, the Commission, after preliminary investigation by informal conference, may direct that the judge submit to a mental or physical examination by a health care provider approved by the Commission after consultation with the judge. The health care provider’s report shall be in writing. Upon request, the judge shall provide the Commission with all waivers and releases necessary to authorize the Commission to receive all medical records, reports, and information from any health care provider regarding the judge’s mental or physical condition.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":216800,"text":"Any judge ordered to be examined pursuant to this section shall be afforded reasonable notice and an opportunity for a hearing before such examination is conducted as to any matters regarding the examination and as to whether there is probable cause to believe that the judge is unable to perform his duties as a judge because of excessive use of alcohol or drugs or physical or mental illness. During such hearing, the judge shall have the right to call witnesses on his behalf.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":216801,"text":"All costs related to examinations conducted at the direction of the Commission shall be paid out of sums appropriated for the operation of the Commission. The failure of a judge to submit to an examination ordered pursuant to this section or to provide waivers and releases required by this section shall constitute grounds for a new charge.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":14505,"edition_id":1,"name":"Judicial Inquiry and Review Commission","identifier":"9","label":"chapter","depth":2,"order_by":1,"parent_id":12766,"metadata":{},"date_created":"2026-06-26 03:48:24","date_modified":"2026-06-26 03:48:24","permalink":{"id":164057,"object_type":"structure","relational_id":14505,"identifier":"9","token":"17.1\/9","url":"\/17.1\/9\/","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":82661,"structure_id":14505,"section_number":"17.1-900","catch_line":"Definitions and application of chapter","url":"\/17.1-900\/","token":"17.1\/9\/17.1-900","metadata":false},{"id":65068,"structure_id":14505,"section_number":"17.1-901","catch_line":"Commission created; membership and terms of office","url":"\/17.1-901\/","token":"17.1\/9\/17.1-901","metadata":false},{"id":56091,"structure_id":14505,"section_number":"17.1-902","catch_line":"Powers and duties of Commission generally","url":"\/17.1-902\/","token":"17.1\/9\/17.1-902","metadata":false},{"id":60592,"structure_id":14505,"section_number":"17.1-903","catch_line":"Officers and employees; experts and reporters; witnesses; legal counsel","url":"\/17.1-903\/","token":"17.1\/9\/17.1-903","metadata":false},{"id":83761,"structure_id":14505,"section_number":"17.1-904","catch_line":"Compensation and expenses","url":"\/17.1-904\/","token":"17.1\/9\/17.1-904","metadata":false},{"id":55921,"structure_id":14505,"section_number":"17.1-905","catch_line":"Annual report","url":"\/17.1-905\/","token":"17.1\/9\/17.1-905","metadata":false},{"id":82186,"structure_id":14505,"section_number":"17.1-906","catch_line":"Jurisdiction of Supreme Court","url":"\/17.1-906\/","token":"17.1\/9\/17.1-906","metadata":false},{"id":60223,"structure_id":14505,"section_number":"17.1-907","catch_line":"Oaths; inspection of books and records; subpoenas","url":"\/17.1-907\/","token":"17.1\/9\/17.1-907","metadata":false},{"id":59249,"structure_id":14505,"section_number":"17.1-908","catch_line":"Scope of process","url":"\/17.1-908\/","token":"17.1\/9\/17.1-908","metadata":false},{"id":65622,"structure_id":14505,"section_number":"17.1-909","catch_line":"Order compelling witness to attend and testify","url":"\/17.1-909\/","token":"17.1\/9\/17.1-909","metadata":false},{"id":63111,"structure_id":14505,"section_number":"17.1-910","catch_line":"Depositions","url":"\/17.1-910\/","token":"17.1\/9\/17.1-910","metadata":false},{"id":66181,"structure_id":14505,"section_number":"17.1-911","catch_line":"Suspension of judge","url":"\/17.1-911\/","token":"17.1\/9\/17.1-911","metadata":false},{"id":59121,"structure_id":14505,"section_number":"17.1-912","catch_line":"Physical or mental examination","url":"\/17.1-912\/","token":"17.1\/9\/17.1-912","metadata":false},{"id":63579,"structure_id":14505,"section_number":"17.1-913","catch_line":"Confidentiality of papers and proceedings; exception","url":"\/17.1-913\/","token":"17.1\/9\/17.1-913","metadata":false},{"id":74632,"structure_id":14505,"section_number":"17.1-914","catch_line":"Privilege","url":"\/17.1-914\/","token":"17.1\/9\/17.1-914","metadata":false},{"id":72144,"structure_id":14505,"section_number":"17.1-915","catch_line":"Witness fees; mileage; exception","url":"\/17.1-915\/","token":"17.1\/9\/17.1-915","metadata":false},{"id":68931,"structure_id":14505,"section_number":"17.1-916","catch_line":"Costs","url":"\/17.1-916\/","token":"17.1\/9\/17.1-916","metadata":false},{"id":82215,"structure_id":14505,"section_number":"17.1-917","catch_line":"Assistance and information; complaint forms","url":"\/17.1-917\/","token":"17.1\/9\/17.1-917","metadata":false},{"id":58602,"structure_id":14505,"section_number":"17.1-918","catch_line":"Transmission of certain information to Virginia State Bar, House Committee for Courts of Justice, Senate Committee for Courts of Justice, and other members of the General Assembly","url":"\/17.1-918\/","token":"17.1\/9\/17.1-918","metadata":false},{"id":82591,"structure_id":14505,"section_number":"17.1-919","catch_line":"Service of process; execution of orders","url":"\/17.1-919\/","token":"17.1\/9\/17.1-919","metadata":false}],"previous_section":{"id":66181,"structure_id":14505,"section_number":"17.1-911","catch_line":"Suspension of judge","url":"\/17.1-911\/","token":"17.1\/9\/17.1-911","metadata":false},"next_section":{"id":63579,"structure_id":14505,"section_number":"17.1-913","catch_line":"Confidentiality of papers and proceedings; exception","url":"\/17.1-913\/","token":"17.1\/9\/17.1-913","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/17.1-912\/","history_text":"

This law was first created in 1998. The record of its establishment is cataloged in chapters 672<\/a> and 862<\/a> 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. It has been modified 1 time. 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. That modification is as follows: in 2001, chapter 844<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":164107,"object_type":"law","relational_id":59121,"identifier":"17.1-912","token":"17.1\/9\/17.1-912","url":"\/17.1-912\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/17.1-912\/","token":"17.1\/9\/17.1-912","dublin_core":{"Title":"Physical or mental examination","Type":"Text","Format":"text\/html","Identifier":"\u00a7 17.1-912","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Whenever the Commission<\/span> has probable cause<\/span> to believe a judge<\/span> is unable to perform his duties as a judge<\/span> because of excessive use of alcohol or drugs or physical or mental illness, the Commission<\/span>, after preliminary investigation by informal conference, may direct that the judge<\/span> submit to a mental or physical examination by a health care provider approved by the Commission<\/span> after consultation with the judge<\/span>. The health care provider’s report shall be in writing. Upon request, the judge<\/span> shall provide the Commission<\/span> with all waivers<\/span> and releases necessary to authorize the Commission<\/span> to receive all medical records, reports, and information from any health care provider regarding the judge<\/span>’s mental or physical condition. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any judge<\/span> ordered to be examined pursuant to this section shall be afforded reasonable notice and an opportunity for a hearing<\/span> before such examination is conducted as to any matters regarding the examination and as to whether there is probable cause<\/span> to believe that the judge<\/span> is unable to perform his duties as a judge<\/span> because of excessive use of alcohol or drugs or physical or mental illness. During such hearing<\/span>, the judge<\/span> shall have the right to call witnesses on his behalf. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> All costs related to examinations conducted at the direction of the Commission<\/span> shall be paid out of sums appropriated for the operation of the Commission<\/span>. The failure of a judge<\/span> to submit to an examination ordered pursuant to this section or to provide waivers<\/span> and releases required by this section shall constitute grounds for a new charge. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPHYSICAL OR MENTAL EXAMINATION (\u00a7 17.1-912)\n\nA. Whenever the Commission has probable cause to believe a judge is unable to\nperform his duties as a judge because of excessive use of alcohol or drugs or\nphysical or mental illness, the Commission, after preliminary investigation by\ninformal conference, may direct that the judge submit to a mental or physical\nexamination by a health care provider approved by the Commission after\nconsultation with the judge. The health care provider’s report shall be in\nwriting. Upon request, the judge shall provide the Commission with all waivers\nand releases necessary to authorize the Commission to receive all medical\nrecords, reports, and information from any health care provider regarding the\njudge’s mental or physical condition.\n\nB. Any judge ordered to be examined pursuant to this section shall be afforded\nreasonable notice and an opportunity for a hearing before such examination is\nconducted as to any matters regarding the examination and as to whether there is\nprobable cause to believe that the judge is unable to perform his duties as a\njudge because of excessive use of alcohol or drugs or physical or mental\nillness. During such hearing, the judge shall have the right to call witnesses\non his behalf.\n\nC. All costs related to examinations conducted at the direction of the\nCommission shall be paid out of sums appropriated for the operation of the\nCommission. The failure of a judge to submit to an examination ordered pursuant\nto this section or to provide waivers and releases required by this section\nshall constitute grounds for a new charge.\n\nHISTORY: 1998, cc. 672, 862, \u00a7 2.1-37.12:2; 2001, c. 844.","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}}