                                 CODE OF VIRGINIA

TEMPORARY RECALL OF RETIRED JUDGES; EVALUATION (§ 17.1-106)

A. The Chief Justice of the Supreme Court may call upon any justice of the
Supreme Court, any judge of the Court of Appeals, or any judge of a circuit
court who is retired under the Judicial Retirement System (&#xA7; 51.1-300 et
seq.) when such retired justice or judge has been found qualified within the
preceding three years by the House and Senate Committees for Courts of Justice
to sit in recall either to (i) hear a specific case or cases pursuant to the
provisions of &#xA7; 17.1-105, such designation to continue in effect for the
duration of the case or cases, or (ii) perform for a period of time not to
exceed 90 days at any one time such judicial duties in any circuit court as the
Chief Justice shall deem in the public interest for the expeditious disposition
of the business of the courts.

B. It shall be the obligation of any retired justice or judge who is recalled to
temporary service under this section and who has not attained age 70 to accept
the recall and perform the duties assigned. It shall be within the discretion of
any justice or judge who has attained age 70 to accept such recall.

C. Any justice or judge recalled to duty under this section shall have all the
powers, duties, and privileges attendant on the position he is recalled to
serve.

D. Notwithstanding the provisions of subsection A, the Chief Justice may call
upon and authorize any justice or judge of a court of record whose retirement
becomes effective during the interim period between regularly scheduled sessions
of the General Assembly to sit in recall either to (i) hear a specific case or
cases pursuant to the provisions of &#xA7; 17.1-105, and such designation shall
continue in effect for the duration of the case or cases, or (ii) perform, for a
period of time not to exceed 90 days at any one time, such judicial duties in
any circuit court as the Chief Justice shall deem in the public interest for the
expeditious disposition of the business of the courts.

E. All retired circuit court judges who have requested to sit in recall shall be
evaluated during the final year of the three-year period following qualification
by the House and Senate Committees for Courts of Justice using an evaluation
form prepared and distributed by the Office of the Executive Secretary of the
Supreme Court of Virginia. An annual report containing the results of such
evaluations conducted that year shall be prepared and transmitted to the House
and Senate Committees for Courts of Justice by the first day of the next regular
session of the General Assembly.

HISTORY: 1990, c. 832, § 17-7.01; 1998, c. 872; 2001, c. 59; 2014, c. 776;
2018, c. 709; 2022, c. 532; 2023, c. 313.