{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/51.1-309.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/51.1-309.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/51.1-309.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/51.1-309.html"}],"law_id":79242,"edition_id":1,"section_id":79242,"structure_id":13893,"section_number":"51.1-309","catch_line":"Appearance as counsel in certain forums prohibited","history":"1970, c. 778, \u00a7 51-179; 1975, c. 188; 1980, c. 138; 1990, c. 832; 2011, c. 705; 2018, c. 709; 2023, c. 552.","full_text":"A\n\nNo former justice or judge of a court of record of the Commonwealth and no former full-time judge of a court not of record of the Commonwealth, who is retired and receiving retirement benefits under the provisions of the Judicial Retirement System, shall appear as counsel in any case in any court of the Commonwealth.B\n\nNo former member of the State Corporation Commission or Virginia Workers’ Compensation Commission, who is retired and receiving retirement benefits under the provisions of the Judicial Retirement System, shall appear as counsel in any case before the Commission of which he was formerly a member.C\n\nThe provisions of subsection A shall not be applicable if the retired justice or judge is not authorized for or assigned to temporary recall by the Chief Justice of the Supreme Court, the Chief Judge of the Court of Appeals, or the House and Senate Committees for Courts of Justice and either (i) (a) the retired judge or justice has been retired for at least two years; (b) the retired justice or judge is appearing as counsel, pro bono, for an indigent person in a civil matter; (c) such civil matter is assigned or referred to the retired justice or judge by a nonprofit legal aid program organized under the auspices of the Virginia State Bar; and (d) the retired justice or judge is not an employee, officer, or board member of such nonprofit legal aid program or (ii) the retired justice or judge is at least 67 years of age and is eligible to receive full Social Security benefits. Nothing herein shall relieve the retired justice or judge from having obtained any license or meeting any requirement in connection with the appearance as counsel as required by law, rule, or regulation. A retired justice or judge shall not be eligible to be authorized for or assigned to temporary recall after such time that he appears as private counsel pursuant to this subsection.","order_by":null,"text":{"0":{"id":283728,"text":"No former justice or judge of a court of record of the Commonwealth and no former full-time judge of a court not of record of the Commonwealth, who is retired and receiving retirement benefits under the provisions of the Judicial Retirement System, shall appear as counsel in any case in any court of the Commonwealth.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":283729,"text":"No former member of the State Corporation Commission or Virginia Workers’ Compensation Commission, who is retired and receiving retirement benefits under the provisions of the Judicial Retirement System, shall appear as counsel in any case before the Commission of which he was formerly a member.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":283730,"text":"The provisions of subsection A shall not be applicable if the retired justice or judge is not authorized for or assigned to temporary recall by the Chief Justice of the Supreme Court, the Chief Judge of the Court of Appeals, or the House and Senate Committees for Courts of Justice and either (i) (a) the retired judge or justice has been retired for at least two years; (b) the retired justice or judge is appearing as counsel, pro bono, for an indigent person in a civil matter; (c) such civil matter is assigned or referred to the retired justice or judge by a nonprofit legal aid program organized under the auspices of the Virginia State Bar; and (d) the retired justice or judge is not an employee, officer, or board member of such nonprofit legal aid program or (ii) the retired justice or judge is at least 67 years of age and is eligible to receive full Social Security benefits. Nothing herein shall relieve the retired justice or judge from having obtained any license or meeting any requirement in connection with the appearance as counsel as required by law, rule, or regulation. A retired justice or judge shall not be eligible to be authorized for or assigned to temporary recall after such time that he appears as private counsel pursuant to this subsection.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":13893,"edition_id":1,"name":"Judicial Retirement System","identifier":"3","label":"chapter","depth":2,"order_by":1,"parent_id":12947,"metadata":{},"date_created":"2026-06-26 03:46:13","date_modified":"2026-06-26 03:46:13","permalink":{"id":235997,"object_type":"structure","relational_id":13893,"identifier":"3","token":"51.1\/3","url":"\/51.1\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12947,"edition_id":1,"name":"Pensions, Benefits, and Retirement","identifier":"51.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:04","date_modified":"2026-06-26 03:44:04","permalink":{"id":235029,"object_type":"structure","relational_id":12947,"identifier":"51.1","token":"51.1","url":"\/51.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":73479,"structure_id":13893,"section_number":"51.1-300","catch_line":"Judicial Retirement System continued; administration; application of provisions of Virginia Retirement System","url":"\/51.1-300\/","token":"51.1\/3\/51.1-300","metadata":false},{"id":68180,"structure_id":13893,"section_number":"51.1-301","catch_line":"Definitions","url":"\/51.1-301\/","token":"51.1\/3\/51.1-301","metadata":false},{"id":73859,"structure_id":13893,"section_number":"51.1-302","catch_line":"Membership in retirement system","url":"\/51.1-302\/","token":"51.1\/3\/51.1-302","metadata":false},{"id":57472,"structure_id":13893,"section_number":"51.1-303","catch_line":"Creditable service","url":"\/51.1-303\/","token":"51.1\/3\/51.1-303","metadata":false},{"id":74635,"structure_id":13893,"section_number":"51.1-304","catch_line":"Contributions by Commonwealth","url":"\/51.1-304\/","token":"51.1\/3\/51.1-304","metadata":false},{"id":78359,"structure_id":13893,"section_number":"51.1-305","catch_line":"Service retirement generally","url":"\/51.1-305\/","token":"51.1\/3\/51.1-305","metadata":false},{"id":71752,"structure_id":13893,"section_number":"51.1-306","catch_line":"Service retirement allowance","url":"\/51.1-306\/","token":"51.1\/3\/51.1-306","metadata":false},{"id":74234,"structure_id":13893,"section_number":"51.1-306.1","catch_line":"Service retirement allowance for judges appointed or elected after January 1, 2014","url":"\/51.1-306.1\/","token":"51.1\/3\/51.1-306.1","metadata":false},{"id":54931,"structure_id":13893,"section_number":"51.1-307","catch_line":"Notice of disability retirement","url":"\/51.1-307\/","token":"51.1\/3\/51.1-307","metadata":false},{"id":84690,"structure_id":13893,"section_number":"51.1-308","catch_line":"Disability retirement allowance","url":"\/51.1-308\/","token":"51.1\/3\/51.1-308","metadata":false},{"id":79242,"structure_id":13893,"section_number":"51.1-309","catch_line":"Appearance as counsel in certain forums prohibited","url":"\/51.1-309\/","token":"51.1\/3\/51.1-309","metadata":false}],"previous_section":{"id":84690,"structure_id":13893,"section_number":"51.1-308","catch_line":"Disability retirement allowance","url":"\/51.1-308\/","token":"51.1\/3\/51.1-308","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/51.1-309\/","history_text":"

This law was first created in 1970. The record of its establishment is cataloged in chapter 778 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 1970 \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 1975, chapter 188; in 1980, chapter 138; in 1990, chapter 832; in 2011, chapter 705<\/a>; in 2018, chapter 709<\/a>; in 2023, chapter 552<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":236039,"object_type":"law","relational_id":79242,"identifier":"51.1-309","token":"51.1\/3\/51.1-309","url":"\/51.1-309\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/51.1-309\/","token":"51.1\/3\/51.1-309","dublin_core":{"Title":"Appearance as counsel in certain forums prohibited","Type":"Text","Format":"text\/html","Identifier":"\u00a7 51.1-309","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> No former justice or judge<\/span> of a court<\/span> of record of the Commonwealth and no former full-time judge<\/span> of a court<\/span> not of record of the Commonwealth, who is retired and receiving retirement benefits under the provisions of the Judicial Retirement System<\/span>, shall appear as counsel<\/span> in any case in any court<\/span> of the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> No former member of the State Corporation Commission or Virginia Workers’ Compensation Commission, who is retired and receiving retirement benefits under the provisions of the Judicial Retirement System<\/span>, shall appear as counsel<\/span> in any case before the Commission of which he was formerly a member. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The provisions of subsection A shall not be applicable if the retired justice or judge is not authorized for or assigned to temporary recall by the Chief Justice of the Supreme Court<\/span>, the Chief Judge<\/span> of the Court<\/span> of Appeals<\/span>, or the House and Senate Committees for Courts<\/span> of Justice and either (i) (a) the retired judge or justice has been retired for at least two years; (b) the retired justice or judge is appearing as counsel<\/span>, pro bono, for an indigent<\/span> person in a civil matter; (c) such civil matter is assigned or referred to the retired justice or judge by a nonprofit legal aid program organized under the auspices of the Virginia State Bar; and (d) the retired justice or judge is not an employee, officer, or board member of such nonprofit legal aid program or (ii) the retired justice or judge is at least 67 years of age and is eligible to receive full Social Security benefits. Nothing herein shall relieve the retired justice or judge from having obtained any license or meeting any requirement in connection with the appearance<\/span> as counsel<\/span> as required by law<\/span>, rule, or regulation. A retired justice or judge shall not be eligible to be authorized for or assigned to temporary recall after such time that he appears as private counsel<\/span> pursuant to this subsection. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAPPEARANCE AS COUNSEL IN CERTAIN FORUMS PROHIBITED (\u00a7 51.1-309)\n\nA. No former justice or judge of a court of record of the Commonwealth and no\nformer full-time judge of a court not of record of the Commonwealth, who is\nretired and receiving retirement benefits under the provisions of the Judicial\nRetirement System, shall appear as counsel in any case in any court of the\nCommonwealth.\n\nB. No former member of the State Corporation Commission or Virginia\nWorkers’ Compensation Commission, who is retired and receiving retirement\nbenefits under the provisions of the Judicial Retirement System, shall appear as\ncounsel in any case before the Commission of which he was formerly a member.\n\nC. The provisions of subsection A shall not be applicable if the retired justice\nor judge is not authorized for or assigned to temporary recall by the Chief\nJustice of the Supreme Court, the Chief Judge of the Court of Appeals, or the\nHouse and Senate Committees for Courts of Justice and either (i) (a) the retired\njudge or justice has been retired for at least two years; (b) the retired\njustice or judge is appearing as counsel, pro bono, for an indigent person in a\ncivil matter; (c) such civil matter is assigned or referred to the retired\njustice or judge by a nonprofit legal aid program organized under the auspices\nof the Virginia State Bar; and (d) the retired justice or judge is not an\nemployee, officer, or board member of such nonprofit legal aid program or (ii)\nthe retired justice or judge is at least 67 years of age and is eligible to\nreceive full Social Security benefits. Nothing herein shall relieve the retired\njustice or judge from having obtained any license or meeting any requirement in\nconnection with the appearance as counsel as required by law, rule, or\nregulation. A retired justice or judge shall not be eligible to be authorized\nfor or assigned to temporary recall after such time that he appears as private\ncounsel pursuant to this subsection.\n\nHISTORY: 1970, c. 778, \u00a7 51-179; 1975, c. 188; 1980, c. 138; 1990, c. 832;\n2011, c. 705; 2018, c. 709; 2023, c. 552.","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}}