                                 CODE OF VIRGINIA

MAGISTRATES; ELIGIBILITY FOR APPOINTMENT; RESTRICTIONS ON ACTIVITIES (§
19.2-37)

A. Any person who is a United States citizen and resident of the Commonwealth
may be appointed to the office of magistrate under this title subject to the
limitations of Chapter 28 (&#xA7; 2.2-2800 et seq.) of Title 2.2 and of this
section.

B. Every person appointed as a magistrate on and after July 1, 2008, shall be
required to have a bachelor&#8217;s degree from an accredited institution of
higher education. A person initially appointed as a magistrate prior to July 1,
2008, who continues in office without a break in service is not required to have
a bachelor&#8217;s degree from an accredited institution of higher education.

C. A person shall not be eligible for appointment as a magistrate under the
provisions of this title: (a) if such person is a law-enforcement officer; (b)
if such person or his spouse is a clerk, deputy or assistant clerk, or employee
of any such clerk of a district or circuit court, provided that the Committee on
District Courts may authorize a magistrate to assist in the district court
clerk&#8217;s office on a part-time basis; (c) if the parent, child, spouse, or
sibling of such person is a district or circuit court judge in the magisterial
region where he will serve; or (d) if such person is the chief executive
officer, or a member of the board of supervisors, town or city council, or other
governing body for any political subdivision of the Commonwealth.

D. No magistrate shall issue any warrant or process in complaint of his spouse,
child, grandchild, parent, grandparent, parent-in-law, child-in-law, brother,
sister, brother-in-law or sister-in-law, nephew, niece, uncle, aunt, first
cousin, guardian or ward.

E. A magistrate may not engage in any other activity for financial gain during
the hours that he is serving on duty as a magistrate. A magistrate may not be
employed outside his duty hours without the prior written approval of the
Executive Secretary.

F. No person appointed as a magistrate on or after July 1, 2008, may engage in
the practice of law.

G. A magistrate who is designated as a marriage celebrant under &#xA7; 20-25 may
not accept a fee, a gratuity, or any other thing of value for exercise of
authority as a marriage celebrant.

HISTORY: Code 1950, § 19.1-385; 1973, c. 545; 1975, c. 495; 1976, c. 138; 1978,
cc. 463, 760; 1984, c. 41; 1985, c. 45; 1986, c. 202; 1996, c. 112; 1999, c.
267; 2004, c. 830; 2008, cc. 551, 691.