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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>59242</law_id><section_number>17.1-105</section_number><catch_line>Designation of judges to hold courts and assist other judges</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>17.1-106</reference><reference>17.1-110</reference><reference>17.1-900</reference><reference>18.2-57</reference><reference>19.2-153</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="17.1">Courts of Record</unit><unit label="chapter" level="2" order_by="1" identifier="1">General Provisions</unit></structure><text>
						<section id="A"><p><span class="prefix-number">A.</span> If a judge of any <span class="dictionary">court</span> of record is absent, sick or disabled or for any other reason unable to hold any regular or special term of the <span class="dictionary">court</span>, or any part thereof, or to perform or discharge any official duty or function authorized or required by <span class="dictionary">law</span>, a judge or <span class="dictionary">retired judge</span> of any <span class="dictionary">court</span> of record may be obtained by personal request of the disabled judge, or another judge of the <span class="dictionary">circuit</span> to hold the <span class="dictionary">court</span> for the whole or any part of such regular or special term and to discharge during vacation such duty or function, or, if the circumstances require, to perform all the duties and exercise all the powers and <span class="dictionary">jurisdiction</span> as <span class="dictionary">judges</span> of such <span class="dictionary">circuit</span> until the judge is again able to attend his duties. The designation of such judge shall be entered in the <span class="dictionary">civil order book</span> of the <span class="dictionary">court</span>, and a copy thereof sent to the Chief Justice of the Supreme <span class="dictionary">Court</span>. The Chief Justice shall be notified forthwith at the time any disabled judge is able to return to his duties. <a id="paragraph-217150" class="section-permalink" href="https://vacode.org/17.1-105/#A"><i class="fa fa-link"/></a></p></section>
						<section id="B"><p><span class="prefix-number">B.</span> If all the <span class="dictionary">judges</span> of any <span class="dictionary">court</span> of record are so situated in respect to any case, civil or criminal, pending in their <span class="dictionary">court</span> as to render it improper, in their <span class="dictionary">opinion</span>, for them to preside at the <span class="dictionary">trial</span>, unless the cause or proceeding is removed, as provided by <span class="dictionary">law</span>, they shall enter the <span class="dictionary">fact</span> of record and the clerk of the <span class="dictionary">court</span> shall at once certify the same to the Chief Justice of the Supreme <span class="dictionary">Court</span>, who shall designate a judge of some other <span class="dictionary">court</span> of record or a <span class="dictionary">retired judge</span> of any such <span class="dictionary">court</span> to preside at the <span class="dictionary">trial</span> of such case. <a id="paragraph-217151" class="section-permalink" href="https://vacode.org/17.1-105/#B"><i class="fa fa-link"/></a></p></section>
						<section id="C"><p><span class="prefix-number">C.</span> If a vacancy occurs in the office of a judge of a <span class="dictionary">court</span> of record that <span class="dictionary">fact</span> shall be immediately certified by the clerk of such <span class="dictionary">court</span> to the Governor, who may, instead of appointing a successor at once, request the Chief Justice to designate a judge of some other <span class="dictionary">court</span> of record or a <span class="dictionary">retired judge</span> of any such <span class="dictionary">court</span> to carry out the duties of the office, if there are insufficient <span class="dictionary">judges</span> in the <span class="dictionary">circuit</span> to carry out the work of the <span class="dictionary">court</span>, until the office has been filled in the mode prescribed by <span class="dictionary">law</span>. If any judge so designated shall be prevented by the duties of his <span class="dictionary">court</span>, or by sickness, from performing the duties required, he shall so inform the Chief Justice, who may designate another judge in his place. <a id="paragraph-217152" class="section-permalink" href="https://vacode.org/17.1-105/#C"><i class="fa fa-link"/></a></p></section>
						<section id="D"><p><span class="prefix-number">D.</span> Due to congestion in the work of any <span class="dictionary">court</span> of record or when in his <span class="dictionary">opinion</span> the administration of justice so requires, the Chief Justice may, upon his own initiative or upon application of the judge desiring assistance, designate a judge or <span class="dictionary">retired judge</span> of any <span class="dictionary">court</span> of record to assist the judge in the performance of his duties and every judge so designated shall have the same powers and <span class="dictionary">jurisdiction</span> and be authorized to perform the same duties as the judge whom he is designated to assist. <a id="paragraph-217153" class="section-permalink" href="https://vacode.org/17.1-105/#D"><i class="fa fa-link"/></a></p></section>
						<section id="E"><p><span class="prefix-number">E.</span> Any judge or <span class="dictionary">retired judge</span> sitting under any provision of this section or sitting by designation on any three-judge <span class="dictionary">court</span> shall receive from the state treasury actual expenses for the time he is actually engaged in holding <span class="dictionary">court</span>, except in those cases where the payment of such expenses is otherwise specifically provided by <span class="dictionary">law</span>. <a id="paragraph-217154" class="section-permalink" href="https://vacode.org/17.1-105/#E"><i class="fa fa-link"/></a></p></section>
						<section id="F"><p><span class="prefix-number">F.</span> The powers and duties herein conferred and imposed upon the Chief Justice may be exercised and performed by any justice, or any committee of justices, of the <span class="dictionary">Court</span>, designated by the Chief Justice for such purpose. <a id="paragraph-217155" class="section-permalink" href="https://vacode.org/17.1-105/#F"><i class="fa fa-link"/></a></p></section>
						<section id="G"><p><span class="prefix-number">G.</span> If the <span class="dictionary">chief judge</span> of any <span class="dictionary">circuit</span> is unable to perform the duties required by <span class="dictionary">law</span>, he shall notify the Chief Justice, who shall designate another judge of the same <span class="dictionary">circuit</span> to perform such duties. <a id="paragraph-217156" class="section-permalink" href="https://vacode.org/17.1-105/#G"><i class="fa fa-link"/></a></p></section>
						<section id="H"><p><span class="prefix-number">H.</span> If any judge refuses unreasonably to serve as requested under the provisions of this section, the <span class="dictionary">chief judge</span> may report his refusal to the Judicial Inquiry and Review Commission. <a id="paragraph-217157" class="section-permalink" href="https://vacode.org/17.1-105/#H"><i class="fa fa-link"/></a></p></section>
						<section id="I"><p><span class="prefix-number">I.</span> As used in this section, &#x201C;<span class="dictionary">retired judge</span>&#x201D; means a judge eligible for recall pursuant to &#xA7; <a class="law" title="Temporary recall of retired judges; evaluation" href="/17.1-106/">17.1-106</a>. <a id="paragraph-217158" class="section-permalink" href="https://vacode.org/17.1-105/#I"><i class="fa fa-link"/></a></p></section></text><history>Code 1919, &#xA7; 5898, &#xA7; 17-7; 1928, p. 746; 1936, p. 405; 1938, p. 138; 1948, p. 535; 1950, p. 52; 1954, c. 165; 1973, c. 544; 1998, c. 872; 2006, cc. 144, 306; 2014, c. 776.</history><metadata></metadata></law>
