{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-160.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-160.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-160.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-160.1.html"}],"law_id":69984,"edition_id":1,"section_id":69984,"structure_id":15038,"section_number":"19.2-160.1","catch_line":"Appointment of counsel in Class 1 felony cases or cases involving a felony punishable by a mandatory minimum term of confinement for life","history":"2023, c. 228; 2025, c. 170.","full_text":"A\n\nIn any case in which an indigent defendant is charged with a Class 1 felony or any felony punishable by a mandatory minimum term of confinement for life in a jurisdiction in which a public defender office is established, the court shall, upon request for the appointment of counsel and in the absence of a conflict, appoint such public defender office to represent the defendant. Upon motion of the attorney from a public defender office, the judge of the circuit court shall appoint a competent, qualified, and experienced attorney from the list maintained by the Indigent Defense Commission pursuant to § 19.2-163.01 to serve as co-counsel.\n\t\t\tIf the public defender notifies the court of a conflict and withdraws from representation, and the court had appointed one additional counsel to assist the public defender’s office, then upon the withdrawal of the public defender’s office the court shall appoint one additional competent, qualified, and experienced attorney from the list maintained by the Indigent Defense Commission pursuant to § 19.2-163.01 to serve as co-counsel for the defendant.B\n\nIn any case in which an indigent defendant is charged with a Class 1 felony or any felony punishable by a mandatory minimum term of confinement for life in a jurisdiction in which there is no public defender, upon request for the appointment of counsel, the court shall appoint two competent, qualified, and experienced attorneys from the list maintained by the Indigent Defense Commission pursuant to § 19.2-163.01 to serve as co-counsels for the defendant.","order_by":null,"text":{"0":{"id":252852,"text":"In any case in which an indigent defendant is charged with a Class 1 felony or any felony punishable by a mandatory minimum term of confinement for life in a jurisdiction in which a public defender office is established, the court shall, upon request for the appointment of counsel and in the absence of a conflict, appoint such public defender office to represent the defendant. Upon motion of the attorney from a public defender office, the judge of the circuit court shall appoint a competent, qualified, and experienced attorney from the list maintained by the Indigent Defense Commission pursuant to § 19.2-163.01 to serve as co-counsel.\n\t\t\tIf the public defender notifies the court of a conflict and withdraws from representation, and the court had appointed one additional counsel to assist the public defender’s office, then upon the withdrawal of the public defender’s office the court shall appoint one additional competent, qualified, and experienced attorney from the list maintained by the Indigent Defense Commission pursuant to § 19.2-163.01 to serve as co-counsel for the defendant.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":252853,"text":"In any case in which an indigent defendant is charged with a Class 1 felony or any felony punishable by a mandatory minimum term of confinement for life in a jurisdiction in which there is no public defender, upon request for the appointment of counsel, the court shall appoint two competent, qualified, and experienced attorneys from the list maintained by the Indigent Defense Commission pursuant to § 19.2-163.01 to serve as co-counsels for the defendant.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":15038,"edition_id":1,"name":"Appointment of Attorney for Accused","identifier":"3","label":"article","depth":3,"order_by":1,"parent_id":15037,"metadata":{},"date_created":"2026-06-26 03:51:40","date_modified":"2026-06-26 03:51:40","permalink":{"id":168341,"object_type":"structure","relational_id":15038,"identifier":"3","token":"19.2\/10\/3","url":"\/19.2\/10\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":15037,"edition_id":1,"name":"Disability of Judge or Attorney for Commonwealth; Court- Appointed Counsel; Interpreters; Transcripts","identifier":"10","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:51:40","date_modified":"2026-06-26 03:51:40","permalink":{"id":168319,"object_type":"structure","relational_id":15037,"identifier":"10","token":"19.2\/10","url":"\/19.2\/10\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":68516,"structure_id":15038,"section_number":"19.2-157","catch_line":"Duty of court when accused appears without counsel","url":"\/19.2-157\/","token":"19.2\/10\/3\/19.2-157","metadata":false},{"id":78329,"structure_id":15038,"section_number":"19.2-158","catch_line":"When person not free on bail shall be informed of right to counsel and amount of bail","url":"\/19.2-158\/","token":"19.2\/10\/3\/19.2-158","metadata":false},{"id":57328,"structure_id":15038,"section_number":"19.2-159","catch_line":"Determination of indigency; guidelines; statement of indigence; appointment of counsel","url":"\/19.2-159\/","token":"19.2\/10\/3\/19.2-159","metadata":false},{"id":59760,"structure_id":15038,"section_number":"19.2-159.1","catch_line":"Interrogation by court; filing; change in circumstances; investigation by attorney for Commonwealth","url":"\/19.2-159.1\/","token":"19.2\/10\/3\/19.2-159.1","metadata":false},{"id":66760,"structure_id":15038,"section_number":"19.2-160","catch_line":"Appointment of counsel or waiver of right","url":"\/19.2-160\/","token":"19.2\/10\/3\/19.2-160","metadata":false},{"id":69984,"structure_id":15038,"section_number":"19.2-160.1","catch_line":"Appointment of counsel in Class 1 felony cases or cases involving a felony punishable by a mandatory minimum term of confinement for life","url":"\/19.2-160.1\/","token":"19.2\/10\/3\/19.2-160.1","metadata":false},{"id":76242,"structure_id":15038,"section_number":"19.2-161","catch_line":"Penalty for false swearing with regard to statement of indigence","url":"\/19.2-161\/","token":"19.2\/10\/3\/19.2-161","metadata":false},{"id":61067,"structure_id":15038,"section_number":"19.2-162","catch_line":"Continuances to be granted if necessary","url":"\/19.2-162\/","token":"19.2\/10\/3\/19.2-162","metadata":false},{"id":80860,"structure_id":15038,"section_number":"19.2-163","catch_line":"Compensation of court-appointed counsel","url":"\/19.2-163\/","token":"19.2\/10\/3\/19.2-163","metadata":false}],"previous_section":{"id":66760,"structure_id":15038,"section_number":"19.2-160","catch_line":"Appointment of counsel or waiver of right","url":"\/19.2-160\/","token":"19.2\/10\/3\/19.2-160","metadata":false},"next_section":{"id":76242,"structure_id":15038,"section_number":"19.2-161","catch_line":"Penalty for false swearing with regard to statement of indigence","url":"\/19.2-161\/","token":"19.2\/10\/3\/19.2-161","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-160.1\/","history_text":"

This law was first created in 2023. The record of its establishment is cataloged in chapter 228<\/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 2025, chapter 170<\/a>.<\/p>","references":false,"refers_to":[{"id":63945,"section_number":"19.2-163.01","catch_line":"Virginia Indigent Defense Commission established; powers and duties","order_by":null,"url":"\/19.2-163.01\/"}],"permalink":{"id":168363,"object_type":"law","relational_id":69984,"identifier":"19.2-160.1","token":"19.2\/10\/3\/19.2-160.1","url":"\/19.2-160.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-160.1\/","token":"19.2\/10\/3\/19.2-160.1","dublin_core":{"Title":"Appointment of counsel in Class 1 felony cases or cases involving a felony punishable by a mandatory minimum term of confinement for life","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-160.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In any case in which an indigent<\/span> defendant<\/span> is charged with a Class 1 felony<\/span> or any felony<\/span> punishable by a mandatory minimum term of confinement for life in a jurisdiction<\/span> in which a public defender<\/span> office is established, the court<\/span> shall, upon request for the appointment of counsel<\/span> and in the absence of a conflict, appoint such public defender<\/span> office to represent the defendant<\/span>. Upon motion<\/span> of the attorney from a public defender<\/span> office, the judge<\/span> of the circuit<\/span> court<\/span> shall appoint a competent, qualified, and experienced attorney from the list maintained by the Indigent<\/span> Defense Commission pursuant to § 19.2-163.01<\/a> to serve as co-counsel<\/span>.\n\t\t\tIf the public defender<\/span> notifies the court<\/span> of a conflict and withdraws from representation, and the court<\/span> had appointed one additional counsel<\/span> to assist the public defender<\/span>’s office, then upon the withdrawal of the public defender<\/span>’s office the court<\/span> shall appoint one additional competent, qualified, and experienced attorney from the list maintained by the Indigent<\/span> Defense Commission pursuant to § 19.2-163.01<\/a> to serve as co-counsel<\/span> for the defendant<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In any case in which an indigent<\/span> defendant<\/span> is charged with a Class 1 felony<\/span> or any felony<\/span> punishable by a mandatory minimum term of confinement for life in a jurisdiction<\/span> in which there is no public defender<\/span>, upon request for the appointment of counsel<\/span>, the court<\/span> shall appoint two competent, qualified, and experienced attorneys from the list maintained by the Indigent<\/span> Defense Commission pursuant to § 19.2-163.01<\/a> to serve as co-counsels<\/span> for the defendant<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAPPOINTMENT OF COUNSEL IN CLASS 1 FELONY CASES OR CASES INVOLVING A FELONY\nPUNISHABLE BY A MANDATORY MINIMUM TERM OF CONFINEMENT FOR LIFE (\u00a7 19.2-160.1)\n\nA. In any case in which an indigent defendant is charged with a Class 1 felony\nor any felony punishable by a mandatory minimum term of confinement for life in\na jurisdiction in which a public defender office is established, the court\nshall, upon request for the appointment of counsel and in the absence of a\nconflict, appoint such public defender office to represent the defendant. Upon\nmotion of the attorney from a public defender office, the judge of the circuit\ncourt shall appoint a competent, qualified, and experienced attorney from the\nlist maintained by the Indigent Defense Commission pursuant to §\n19.2-163.01 to serve as co-counsel.\n\t\t\tIf the public defender notifies the court of a conflict and withdraws from\nrepresentation, and the court had appointed one additional counsel to assist the\npublic defender’s office, then upon the withdrawal of the public\ndefender’s office the court shall appoint one additional competent,\nqualified, and experienced attorney from the list maintained by the Indigent\nDefense Commission pursuant to § 19.2-163.01 to serve as co-counsel for the\ndefendant.\n\nB. In any case in which an indigent defendant is charged with a Class 1 felony\nor any felony punishable by a mandatory minimum term of confinement for life in\na jurisdiction in which there is no public defender, upon request for the\nappointment of counsel, the court shall appoint two competent, qualified, and\nexperienced attorneys from the list maintained by the Indigent Defense\nCommission pursuant to § 19.2-163.01 to serve as co-counsels for the\ndefendant.\n\nHISTORY: 2023, c. 228; 2025, c. 170.","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}}