                                 CODE OF VIRGINIA

DESIGNATION OF JUDGES TO HOLD COURTS AND ASSIST OTHER JUDGES (§ 17.1-105)

A. If a judge of any court of record is absent, sick or disabled or for any
other reason unable to hold any regular or special term of the court, or any
part thereof, or to perform or discharge any official duty or function
authorized or required by law, a judge or retired judge of any court of record
may be obtained by personal request of the disabled judge, or another judge of
the circuit to hold the court 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
jurisdiction as judges of such circuit until the judge is again able to attend
his duties. The designation of such judge shall be entered in the civil order
book of the court, and a copy thereof sent to the Chief Justice of the Supreme
Court. The Chief Justice shall be notified forthwith at the time any disabled
judge is able to return to his duties.

B. If all the judges of any court of record are so situated in respect to any
case, civil or criminal, pending in their court as to render it improper, in
their opinion, for them to preside at the trial, unless the cause or proceeding
is removed, as provided by law, they shall enter the fact of record and the
clerk of the court shall at once certify the same to the Chief Justice of the
Supreme Court, who shall designate a judge of some other court of record or a
retired judge of any such court to preside at the trial of such case.

C. If a vacancy occurs in the office of a judge of a court of record that fact
shall be immediately certified by the clerk of such court to the Governor, who
may, instead of appointing a successor at once, request the Chief Justice to
designate a judge of some other court of record or a retired judge of any such
court to carry out the duties of the office, if there are insufficient judges in
the circuit to carry out the work of the court, until the office has been filled
in the mode prescribed by law. If any judge so designated shall be prevented by
the duties of his court, or by sickness, from performing the duties required, he
shall so inform the Chief Justice, who may designate another judge in his place.

D. Due to congestion in the work of any court of record or when in his opinion
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 retired judge of any court of record to assist the judge in the
performance of his duties and every judge so designated shall have the same
powers and jurisdiction and be authorized to perform the same duties as the
judge whom he is designated to assist.

E. Any judge or retired judge sitting under any provision of this section or
sitting by designation on any three-judge court shall receive from the state
treasury actual expenses for the time he is actually engaged in holding court,
except in those cases where the payment of such expenses is otherwise
specifically provided by law.

F. 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
Court, designated by the Chief Justice for such purpose.

G. If the chief judge of any circuit is unable to perform the duties required by
law, he shall notify the Chief Justice, who shall designate another judge of the
same circuit to perform such duties.

H. If any judge refuses unreasonably to serve as requested under the provisions
of this section, the chief judge may report his refusal to the Judicial Inquiry
and Review Commission.

I. As used in this section, &#8220;retired judge&#8221; means a judge eligible
for recall pursuant to &#xA7; 17.1-106.

HISTORY: Code 1919, § 5898, § 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.