                                 CODE OF VIRGINIA

APPEARANCE AS COUNSEL IN CERTAIN FORUMS PROHIBITED (§ 51.1-309)

A. No former justice or judge of a court of record of the Commonwealth and no
former full-time judge of a court not of record of the Commonwealth, who is
retired and receiving retirement benefits under the provisions of the Judicial
Retirement System, shall appear as counsel in any case in any court of the
Commonwealth.

B. No former member of the State Corporation Commission or Virginia
Workers&#8217; Compensation Commission, who is retired and receiving retirement
benefits under the provisions of the Judicial Retirement System, shall appear as
counsel in any case before the Commission of which he was formerly a member.

C. The provisions of subsection A shall not be applicable if the retired justice
or judge is not authorized for or assigned to temporary recall by the Chief
Justice of the Supreme Court, the Chief Judge of the Court of Appeals, or the
House and Senate Committees for Courts of Justice and either (i) (a) the retired
judge or justice has been retired for at least two years; (b) the retired
justice or judge is appearing as counsel, pro bono, for an indigent person in a
civil matter; (c) such civil matter is assigned or referred to the retired
justice or judge by a nonprofit legal aid program organized under the auspices
of the Virginia State Bar; and (d) the retired justice or judge is not an
employee, officer, or board member of such nonprofit legal aid program or (ii)
the retired justice or judge is at least 67 years of age and is eligible to
receive full Social Security benefits. Nothing herein shall relieve the retired
justice or judge from having obtained any license or meeting any requirement in
connection with the appearance as counsel as required by law, rule, or
regulation. A retired justice or judge shall not be eligible to be authorized
for or assigned to temporary recall after such time that he appears as private
counsel pursuant to this subsection.

HISTORY: 1970, c. 778, § 51-179; 1975, c. 188; 1980, c. 138; 1990, c. 832;
2011, c. 705; 2018, c. 709; 2023, c. 552.