                                 CODE OF VIRGINIA

CREATION AND ORGANIZATION; ELECTION AND TERMS OF JUDGES; OATH; VACANCIES;
QUALIFICATIONS; INCOMPATIBLE ACTIVITIES PROHIBITED; CHIEF JUDGE (§ 17.1-400)

A. The Court of Appeals of Virginia is hereby established effective January 1,
1985. It shall consist of 17 judges who shall be elected for terms of eight
years by the majority of the members elected to each house of the General
Assembly. The General Assembly shall consider regional diversity in making its
elections. Before entering upon the duties of the office, a judge of the Court
of Appeals shall take the oath of office required by law. The oath shall be
taken before a justice of the Supreme Court of Virginia or before any officer
authorized by law to administer an oath. When any vacancy exists while the
General Assembly is not in session, the Governor may appoint a successor to
serve until 30 days after the commencement of the next regular session of the
General Assembly. Whenever a vacancy occurs or exists in the office of a judge
of the Court of Appeals while the General Assembly is in session, or when the
term of office of a judge of the Court of Appeals will expire or the office will
be vacant or vacated at a date certain between the adjournment of the General
Assembly and the commencement of the next session of the General Assembly, a
successor may be elected at any time during a session preceding the date of such
vacancy by the vote of a majority of the members elected to each house of the
General Assembly for a full term and, upon qualification, the successor shall
enter at once upon the discharge of the duties of the office; however, such
successor shall not qualify prior to the predecessor leaving office. No person
shall be elected or reelected to a subsequent term under this section until he
has submitted to a criminal history record search and submitted to a search of
the central registry maintained pursuant to &#xA7; 63.2-1515 for any founded
complaint of child abuse or neglect and reports of such searches have been
received by the Chairmen of the House and Senate Committees for Courts of
Justice. If the person has not met the requirement of filing in the preceding
calendar year a disclosure form prescribed in &#xA7; 2.2-3117 or 30-111, he
shall also provide a written statement of economic interests on the disclosure
form prescribed in &#xA7; 2.2-3117 to the Chairmen of the House and Senate
Committees for Courts of Justice.
			All judges of the Court of Appeals shall be residents of the Commonwealth and
shall, at least five years prior to the appointment or election, have been
licensed to practice law in the Commonwealth. No judge of the Court of Appeals,
during his continuance in office, shall engage in the practice of law within or
without the Commonwealth or seek or accept any nonjudicial elective office, or
hold any other office of public trust, or engage in any other incompatible
activity.

B. The chief judge shall be elected by majority vote of the judges of the Court
of Appeals to serve a term of four years.

C. If a judge of the Court of Appeals is absent or unable through sickness,
disability, or any other reason to perform or discharge any official duty or
function authorized or required by law, a (i) retired chief justice or retired
justice of the Supreme Court of Virginia, (ii) retired chief judge or retired
judge of the Court of Appeals of Virginia, or (iii) retired judge of a circuit
court of Virginia, with his or her prior consent, may be appointed by the chief
judge of the Court of Appeals, acting upon his own initiative or upon a personal
request from the absent or disabled judge, to perform or discharge the official
duties or functions of the absent or disabled judge until that judge shall again
be able to attend his duties. The chief judge of the Court of Appeals shall be
notified forthwith at the time any absent or disabled judge is able to return to
his duties.

D. The chief judge of the Court of Appeals may, upon his own initiative,
designate a (i) retired chief justice or retired justice of the Supreme Court of
Virginia, (ii) retired chief judge or retired judge of the Court of Appeals of
Virginia, or (iii) retired or active judge of a circuit court of Virginia, with
the prior consent of such justice or judge, to perform or discharge the official
duties or functions of a judge of the Court of Appeals if there is a need to do
so due to congestion in the work of the court. Nothing in this subsection shall
be construed to increase the number of judges of the Court of Appeals provided
for in subsection A of this section.

E. Any retired chief justice, retired justice, retired chief judge or active or
retired judge sitting on the Court of Appeals pursuant to subsection C or D
shall receive from the state treasury actual expenses for the time he or she is
actually engaged in holding court.

F. The powers and duties herein conferred or empowered upon the chief judge of
the Court of Appeals may be exercised and performed by any judge or any
committee of judges of the court designated by the chief judge for such purpose.

HISTORY: 1983, c. 413, § 17-116.01; 1984, c. 701; 1987, c. 88; 1991, cc. 31,
442; 1998, c. 872; 2000, c. 8; 2004, c. 452; 2018, c. 578; 2021, Sp. Sess. I, c.
489.