{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-37.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-37.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-37.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-37.html"}],"law_id":79361,"edition_id":1,"section_id":79361,"structure_id":13343,"section_number":"19.2-37","catch_line":"Magistrates; eligibility for appointment; restrictions on activities","history":"Code 1950, \u00a7 19.1-385; 1973, c. 545; 1975, c. 495; 1976, c. 138; 1978, cc. 463, 760; 1984, c. 41; 1985, c. 45; 1986, c. 202; 1996, c. 112; 1999, c. 267; 2004, c. 830; 2008, cc. 551, 691.","full_text":"A\n\nAny person who is a United States citizen and resident of the Commonwealth may be appointed to the office of magistrate under this title subject to the limitations of Chapter 28 (§ 2.2-2800 et seq.) of Title 2.2 and of this section.B\n\nEvery person appointed as a magistrate on and after July 1, 2008, shall be required to have a bachelor’s degree from an accredited institution of higher education. A person initially appointed as a magistrate prior to July 1, 2008, who continues in office without a break in service is not required to have a bachelor’s degree from an accredited institution of higher education.C\n\nA person shall not be eligible for appointment as a magistrate under the provisions of this title: (a) if such person is a law-enforcement officer; (b) if such person or his spouse is a clerk, deputy or assistant clerk, or employee of any such clerk of a district or circuit court, provided that the Committee on District Courts may authorize a magistrate to assist in the district court clerk’s office on a part-time basis; (c) if the parent, child, spouse, or sibling of such person is a district or circuit court judge in the magisterial region where he will serve; or (d) if such person is the chief executive officer, or a member of the board of supervisors, town or city council, or other governing body for any political subdivision of the Commonwealth.D\n\nNo magistrate shall issue any warrant or process in complaint of his spouse, child, grandchild, parent, grandparent, parent-in-law, child-in-law, brother, sister, brother-in-law or sister-in-law, nephew, niece, uncle, aunt, first cousin, guardian or ward.E\n\nA magistrate may not engage in any other activity for financial gain during the hours that he is serving on duty as a magistrate. A magistrate may not be employed outside his duty hours without the prior written approval of the Executive Secretary.F\n\nNo person appointed as a magistrate on or after July 1, 2008, may engage in the practice of law.G\n\nA magistrate who is designated as a marriage celebrant under § 20-25 may not accept a fee, a gratuity, or any other thing of value for exercise of authority as a marriage celebrant.","order_by":null,"text":{"0":{"id":284103,"text":"Any person who is a United States citizen and resident of the Commonwealth may be appointed to the office of magistrate under this title subject to the limitations of Chapter 28 (§ 2.2-2800 et seq.) of Title 2.2 and of this section.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":284104,"text":"Every person appointed as a magistrate on and after July 1, 2008, shall be required to have a bachelor’s degree from an accredited institution of higher education. A person initially appointed as a magistrate prior to July 1, 2008, who continues in office without a break in service is not required to have a bachelor’s degree from an accredited institution of higher education.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":284105,"text":"A person shall not be eligible for appointment as a magistrate under the provisions of this title: (a) if such person is a law-enforcement officer; (b) if such person or his spouse is a clerk, deputy or assistant clerk, or employee of any such clerk of a district or circuit court, provided that the Committee on District Courts may authorize a magistrate to assist in the district court clerk’s office on a part-time basis; (c) if the parent, child, spouse, or sibling of such person is a district or circuit court judge in the magisterial region where he will serve; or (d) if such person is the chief executive officer, or a member of the board of supervisors, town or city council, or other governing body for any political subdivision of the Commonwealth.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":284106,"text":"No magistrate shall issue any warrant or process in complaint of his spouse, child, grandchild, parent, grandparent, parent-in-law, child-in-law, brother, sister, brother-in-law or sister-in-law, nephew, niece, uncle, aunt, first cousin, guardian or ward.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":284107,"text":"A magistrate may not engage in any other activity for financial gain during the hours that he is serving on duty as a magistrate. A magistrate may not be employed outside his duty hours without the prior written approval of the Executive Secretary.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":284108,"text":"No person appointed as a magistrate on or after July 1, 2008, may engage in the practice of law.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":284109,"text":"A magistrate who is designated as a marriage celebrant under § 20-25 may not accept a fee, a gratuity, or any other thing of value for exercise of authority as a marriage celebrant.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"ancestry":[{"id":13343,"edition_id":1,"name":"The Magistrate System","identifier":"3","label":"article","depth":3,"order_by":1,"parent_id":13342,"metadata":{},"date_created":"2026-06-26 03:44:41","date_modified":"2026-06-26 03:44:41","permalink":{"id":170697,"object_type":"structure","relational_id":13343,"identifier":"3","token":"19.2\/3\/3","url":"\/19.2\/3\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13342,"edition_id":1,"name":"Magistrates","identifier":"3","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:44:41","date_modified":"2026-06-26 03:44:41","permalink":{"id":170663,"object_type":"structure","relational_id":13342,"identifier":"3","token":"19.2\/3","url":"\/19.2\/3\/","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":86059,"structure_id":13343,"section_number":"19.2-33","catch_line":"Office of magistrate","url":"\/19.2-33\/","token":"19.2\/3\/3\/19.2-33","metadata":false},{"id":86468,"structure_id":13343,"section_number":"19.2-34","catch_line":"Number of magistrates","url":"\/19.2-34\/","token":"19.2\/3\/3\/19.2-34","metadata":false},{"id":54325,"structure_id":13343,"section_number":"19.2-35","catch_line":"Appointment; supervision generally","url":"\/19.2-35\/","token":"19.2\/3\/3\/19.2-35","metadata":false},{"id":58974,"structure_id":13343,"section_number":"19.2-36","catch_line":"Chief magistrates","url":"\/19.2-36\/","token":"19.2\/3\/3\/19.2-36","metadata":false},{"id":79361,"structure_id":13343,"section_number":"19.2-37","catch_line":"Magistrates; eligibility for appointment; restrictions on activities","url":"\/19.2-37\/","token":"19.2\/3\/3\/19.2-37","metadata":false},{"id":60533,"structure_id":13343,"section_number":"19.2-38","catch_line":"Probationary period; compensation and benefits; vacancies; revocation of appointment","url":"\/19.2-38\/","token":"19.2\/3\/3\/19.2-38","metadata":false},{"id":78360,"structure_id":13343,"section_number":"19.2-38.1","catch_line":"Training standards; training prerequisite to reappointment; waiver","url":"\/19.2-38.1\/","token":"19.2\/3\/3\/19.2-38.1","metadata":false},{"id":87503,"structure_id":13343,"section_number":"19.2-39","catch_line":"Bond","url":"\/19.2-39\/","token":"19.2\/3\/3\/19.2-39","metadata":false},{"id":58658,"structure_id":13343,"section_number":"19.2-40","catch_line":"Repealed","url":"\/19.2-40\/","token":"19.2\/3\/3\/19.2-40","metadata":false}],"previous_section":{"id":58974,"structure_id":13343,"section_number":"19.2-36","catch_line":"Chief magistrates","url":"\/19.2-36\/","token":"19.2\/3\/3\/19.2-36","metadata":false},"next_section":{"id":60533,"structure_id":13343,"section_number":"19.2-38","catch_line":"Probationary period; compensation and benefits; vacancies; revocation of appointment","url":"\/19.2-38\/","token":"19.2\/3\/3\/19.2-38","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-37\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 11 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 1973, chapter 545; in 1975, chapter 495; in 1976, chapter 138; in 1978, chapters 463 and 760; in 1984, chapter 41; in 1985, chapter 45; in 1986, chapter 202; in 1996, chapter 112<\/a>; in 1999, chapter 267<\/a>; in 2004, chapter 830<\/a>; in 2008, chapters 551<\/a> and 691<\/a>.<\/p>","references":[{"id":58974,"section_number":"19.2-36","catch_line":"Chief magistrates","order_by":null,"url":"\/19.2-36\/"}],"refers_to":[{"id":68109,"section_number":"2.2-2800","catch_line":"Disability to hold state office","order_by":null,"url":"\/2.2-2800\/"},{"id":79164,"section_number":"20-25","catch_line":"Persons other than ministers who may perform rites","order_by":null,"url":"\/20-25\/"}],"permalink":{"id":170715,"object_type":"law","relational_id":79361,"identifier":"19.2-37","token":"19.2\/3\/3\/19.2-37","url":"\/19.2-37\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-37\/","token":"19.2\/3\/3\/19.2-37","dublin_core":{"Title":"Magistrates; eligibility for appointment; restrictions on activities","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-37","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any person who is a United States citizen and resident of the Commonwealth may be appointed to the office of magistrate<\/span> under this title subject to the limitations of Chapter 28 (§ 2.2-2800<\/a> et seq.) of Title 2.2 and of this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Every person appointed as a magistrate<\/span> on and after July 1, 2008, shall be required to have a bachelor’s degree from an accredited institution of higher education. A person initially appointed as a magistrate<\/span> prior to July 1, 2008, who continues in office without a break in service is not required to have a bachelor’s degree from an accredited institution of higher education. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A person shall not be eligible for appointment as a magistrate<\/span> under the provisions of this title: (a) if such person is a law<\/span>-enforcement officer; (b) if such person or his spouse is a clerk, deputy or assistant clerk, or employee of any such clerk of a district or circuit<\/span> court<\/span>, provided that the Committee on District Courts<\/span> may authorize a magistrate<\/span> to assist in the district court<\/span> clerk’s office on a part-time basis; (c) if the parent, child, spouse, or sibling of such person is a district or circuit<\/span> court<\/span> judge<\/span> in the magisterial region where he will serve; or (d) if such person is the chief executive officer, or a member of the board of supervisors, town or city council, or other governing body for any political subdivision of the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> No magistrate<\/span> shall issue<\/span> any warrant or process in complaint of his spouse, child, grandchild, parent, grandparent, parent-in-law<\/span>, child-in-law<\/span>, brother, sister, brother-in-law<\/span> or sister-in-law<\/span>, nephew, niece, uncle, aunt, first cousin, guardian or ward. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> A magistrate<\/span> may not engage in any other activity for financial gain during the hours that he is serving on duty as a magistrate<\/span>. A magistrate<\/span> may not be employed outside his duty hours without the prior written approval of the Executive Secretary. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> No person appointed as a magistrate<\/span> on or after July 1, 2008, may engage in the practice of law<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> A magistrate<\/span> who is designated as a marriage celebrant under § 20-25<\/a> may not accept a fee, a gratuity, or any other thing of value for exercise of authority as a marriage celebrant. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nMAGISTRATES; ELIGIBILITY FOR APPOINTMENT; RESTRICTIONS ON ACTIVITIES (\u00a7\n19.2-37)\n\nA. Any person who is a United States citizen and resident of the Commonwealth\nmay be appointed to the office of magistrate under this title subject to the\nlimitations of Chapter 28 (§ 2.2-2800 et seq.) of Title 2.2 and of this\nsection.\n\nB. Every person appointed as a magistrate on and after July 1, 2008, shall be\nrequired to have a bachelor’s degree from an accredited institution of\nhigher education. A person initially appointed as a magistrate prior to July 1,\n2008, who continues in office without a break in service is not required to have\na bachelor’s degree from an accredited institution of higher education.\n\nC. A person shall not be eligible for appointment as a magistrate under the\nprovisions of this title: (a) if such person is a law-enforcement officer; (b)\nif such person or his spouse is a clerk, deputy or assistant clerk, or employee\nof any such clerk of a district or circuit court, provided that the Committee on\nDistrict Courts may authorize a magistrate to assist in the district court\nclerk’s office on a part-time basis; (c) if the parent, child, spouse, or\nsibling of such person is a district or circuit court judge in the magisterial\nregion where he will serve; or (d) if such person is the chief executive\nofficer, or a member of the board of supervisors, town or city council, or other\ngoverning body for any political subdivision of the Commonwealth.\n\nD. No magistrate shall issue any warrant or process in complaint of his spouse,\nchild, grandchild, parent, grandparent, parent-in-law, child-in-law, brother,\nsister, brother-in-law or sister-in-law, nephew, niece, uncle, aunt, first\ncousin, guardian or ward.\n\nE. A magistrate may not engage in any other activity for financial gain during\nthe hours that he is serving on duty as a magistrate. A magistrate may not be\nemployed outside his duty hours without the prior written approval of the\nExecutive Secretary.\n\nF. No person appointed as a magistrate on or after July 1, 2008, may engage in\nthe practice of law.\n\nG. A magistrate who is designated as a marriage celebrant under § 20-25 may\nnot accept a fee, a gratuity, or any other thing of value for exercise of\nauthority as a marriage celebrant.\n\nHISTORY: Code 1950, \u00a7 19.1-385; 1973, c. 545; 1975, c. 495; 1976, c. 138; 1978,\ncc. 463, 760; 1984, c. 41; 1985, c. 45; 1986, c. 202; 1996, c. 112; 1999, c.\n267; 2004, c. 830; 2008, cc. 551, 691.","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}}