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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>87290</law_id><section_number>17.1-401</section_number><catch_line>Senior judge</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><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="4">The Court of Appeals</unit></structure><text>
						<section id="A"><p><span class="prefix-number">A.</span> Any <span class="dictionary">chief judge</span> or judge of the <span class="dictionary">Court</span> of <span class="dictionary">Appeals</span> who is eligible for retirement, other than for disability, with the consent of a majority of the members of the <span class="dictionary">court</span> first obtained, may elect to retire under the Judicial Retirement System (&#xA7; <a class="law" title="Judicial Retirement System continued; administration; application of provisions of Virginia Retirement System" href="/51.1-300/">51.1-300</a> et seq.) and be known and designated as a <span class="dictionary">senior judge</span>. In addition, any <span class="dictionary">chief judge</span> or judge of the <span class="dictionary">Court</span> of <span class="dictionary">Appeals</span> who is retired under the Judicial Retirement System (&#xA7; <a class="law" title="Judicial Retirement System continued; administration; application of provisions of Virginia Retirement System" href="/51.1-300/">51.1-300</a> et seq.) shall be subject to recall, with the consent of a majority of the members of the <span class="dictionary">court</span>, and may be known and designated as a <span class="dictionary">senior judge</span>. <a id="paragraph-312592" class="section-permalink" href="https://vacode.org/17.1-401/#A"><i class="fa fa-link"/></a></p></section>
						<section id="B"><p><span class="prefix-number">B.</span> Any <span class="dictionary">chief judge</span> or judge who has retired from active service, as provided in subsection A, may be designated and assigned by the <span class="dictionary">Chief Judge</span> of the <span class="dictionary">Court</span> of <span class="dictionary">Appeals</span> to perform the duties of a judge of the <span class="dictionary">court</span>. Such judge shall have all the powers, duties, and <span class="dictionary">privileges</span> attendant on the position for which he is recalled to serve. <a id="paragraph-312593" class="section-permalink" href="https://vacode.org/17.1-401/#B"><i class="fa fa-link"/></a></p></section>
						<section id="C"><p><span class="prefix-number">C.</span> While serving in such status, a <span class="dictionary">senior judge</span> shall be deemed to be serving in a temporary capacity and, in addition to the retirement benefits received by such judge, shall receive as compensation a sum equal to one-fourth of the total compensation of an <span class="dictionary">active judge</span> of the <span class="dictionary">Court</span> of <span class="dictionary">Appeals</span> for a similar period of service. A retired judge, while performing the duties of a <span class="dictionary">senior judge</span>, shall be furnished office space, support staff, a telephone, and supplies as are furnished a judge of the <span class="dictionary">court</span>. <a id="paragraph-312594" class="section-permalink" href="https://vacode.org/17.1-401/#C"><i class="fa fa-link"/></a></p></section>
						<section id="D"><p><span class="prefix-number">D.</span> A judge may terminate his status as a <span class="dictionary">senior judge</span>, or such status may be terminated by a majority of the members of the <span class="dictionary">court</span>. Each judge designated a <span class="dictionary">senior judge</span> shall serve a one-year term unless the <span class="dictionary">court</span>, by <span class="dictionary">order</span> or otherwise, extends the term for an additional year. There shall be no limit on the number of terms a <span class="dictionary">senior judge</span> may so serve. <a id="paragraph-312595" class="section-permalink" href="https://vacode.org/17.1-401/#D"><i class="fa fa-link"/></a></p></section>
						<section id="E"><p><span class="prefix-number">E.</span> Only seven retired judges shall serve as <span class="dictionary">senior judges</span> at any one time. <a id="paragraph-312596" class="section-permalink" href="https://vacode.org/17.1-401/#E"><i class="fa fa-link"/></a></p></section>
						<section id="F"><p><span class="prefix-number">F.</span> Nothing in this section shall be construed to increase the number of judges of the <span class="dictionary">Court</span> of <span class="dictionary">Appeals</span> provided for in &#xA7; <a class="law" title="Creation and organization; election and terms of judges; oath; vacancies; qualifications; incompatible activities prohibited; chief judge" href="/17.1-400/">17.1-400</a>. <a id="paragraph-312597" class="section-permalink" href="https://vacode.org/17.1-401/#F"><i class="fa fa-link"/></a></p></section></text><history>1993, c. 421, &#xA7; 17-116.01:1; 1994, c. 401; 1998, cc. 190, 872; 2001, c. 295; 2004, c. 346; 2014, c. 776; 2018, c. 709; 2021, Sp. Sess. I, c. 489.</history><metadata></metadata></law>
