Hallowed Heritage: The Life of Virginia

by Dorothy Margaret Torpey

All state officials who collect, keep in custody, handle or disburse public funds must give bond for the faithful performance of these duties. The amount of the bond varies with the amount of revenue involved in carrying out such duties.

Any individual who is appointed to any office by the Governor which requires confirmation by the General Assembly and who does not receive such necessary confirmation cannot start or continue in office and is ineligible for reappointment during the recess of the General Assembly to fill a vacancy caused by such refused confirmation.

To assist the Governor in carrying out his executive duties, numerous departments and agencies have been established by the Constitution or by legislative act. Most of the department names suggest the particular type of work for which each is responsible: the Department of Military Affairs, the Department of Law including the Division of Motion Picture Censorship and the Division of War Veterans' Claims, the Department of Accounts, the Department of Purchases and Supply, the Department of the Treasury, the Department of Taxation, the Department of State Police, the Division of Motor Vehicles, the Department of Corporations, the Department of Alcoholic Beverage Control, the Department of Labor and Industry, the Department of Agriculture and Immigration, the Department of Workmen's Compensation, the Department of Conservation and Economic Development, the Department of Education, the Department of Highways, the Department of Health, the Department of Welfare and Institutions, the Department of Mental Hygiene and the Department of Professional and Occupational Registration. The Division of Personnel, the Division of the Budget, the Division of Records and the Office of Civilian Defense are all located in the Governor's Office. Additional specialized commissions such as the Advisory Council on Virginia Economy, the Art Commission, the Safety Codes Commission, the State Library Board, the State Water Control Board, the Commission on Constitutional Government, the Potomac River Basin Commission and the Commission on Interstate Cooperation also participate actively in the carrying out of the financial, law enforcing, service rendering, conservation, preservation, and regulation functions of the executive department of the Commonwealth.

The Judicial Department—Article VI concerns the Judiciary Department whose chief purpose is to interpret the laws properly. The State Constitution in Virginia provides for a Supreme Court of Appeals, Circuit Courts, City Courts and other inferior courts. The jurisdiction of these courts is regulated by law with the exception of jurisdiction granted specifically by the State Constitution itself. The General Assembly authorizes by law the appointment of judges pro tempore by the Governor.

The highest State Court is the Supreme Court of Appeals, located in Richmond. It consists of seven members: one Chief Justice and six associate justices. The Chief Justice is always the Senior Justice in years of continuous service; in case the total years of service are equaled by two or more justices, seniority is then determined by age. The term of office of the justice is twelve years, and they are elected by a joint vote of the Senate and the House of Delegates. Their sole constitutional qualification is that they must have held a "judicial station" in the United States or have practiced law in Virginia or some other state for five years previously. The annual salary of a justice of the Court of Appeals is $15,500 with the Chief Justice receiving an additional $4,500 or a salary of $20,000.

When meeting in court session, the members of the Supreme Court of Appeals may sit as an entire group or may sit in two divisions consisting of not less than three justices each. By sitting in two such divisions, it is possible to hear more cases at a rapid pace. Whenever convening in this manner, each division has the full power and authority on the determination of causes, in the issuing of writs, and in the exercise of all powers authorized by the State Constitution for the Supreme Court of Appeals or provided by law. Each division is subject, however, to the general control of the Supreme Court of Appeals and is subject to any rules and regulations which this court may make. Likewise, the decision of either division does not become the judgment of the Supreme Court of Appeals unless concurred in by at least three judges. Any case which involves a construction of the State Constitution or of the Constitution of the United States must be decided upon by the Supreme Court of Appeals in toto and, furthermore, the assent of at least four of the judges is necessary for the court to determine that any law is or is not contrary to the State Constitution or the Constitution of the United States. If, in such a case, it is impossible for more than three of the judges to agree on the constitutional questions involved and if the case cannot be determined without passing on such questions, the case must be reheard by a full court. Whenever the judges within either division differ as to the judgment to be rendered in any cause, or whenever any judge of either division within a time and in a manner fixed by the court rules certifies that in his opinion any decision of any division of the court is in conflict with a prior decision of the court, the cause must be considered and adjudged (decreed) by the full court or at least a quorum of the full court.

There are two types of court jurisdiction: original and appellate. Original jurisdiction exists whenever a court has the legal right to hear a case for the first time. Appellate jurisdiction exists whenever a court is hearing a case which is being appealed or brought to it from a lower court. The Virginia Supreme Court of Appeals has original jurisdiction in cases of habeas corpus, mandamus and prohibition. Habeas corpus is a court order which commands a person having another individual in custody to bring before the court the individual detained for the purpose of determining the legality of detention. A mandamus is a court order directed to subordinate courts, corporations, or the like, commanding them to do something therein specified. A prohibition is a writ or court order which legally restrains someone from doing some particular action. In all other cases in which the Supreme Court of Appeals has jurisdiction, it has appellate jurisdiction only. The General Assembly has the power to provide, from time to time, for a Special Court of Appeals whose chief purpose is to assist the Supreme Court of Appeals.

Whenever a judgment or decree is reversed, modified or affirmed by the Supreme Court of Appeals, the court must state in writing the reasons for same and must keep such record on file with the case. In criminal matters, the court may direct a new trial. If the court believes that the accused should be discharged from further prosecution, in such instance, it has the right to order the case ended, thereby discharging such an individual from further prosecution. This court has no power, however, to increase or decrease the punishment of an accused person. In civil cases, the court may enter a final judgment.

The courts which rank second highest in the Virginia judiciary are the Circuit Courts. The General Assembly has the power to arrange and re-arrange the judicial circuits of the state and to increase or diminish their number. However, no new circuit can be created containing less than forty thousand inhabitants according to the most recent census nor if such creation would result in reducing the number of inhabitants in any existing judicial circuit below forty thousand. There are thirty-seven judicial circuits in Virginia. The geographical composition of the circuit ranges from one county or city to five counties and one city. Each circuit has one judge chosen by the joint vote of both houses of the General Assembly for a term of eight years. He must possess the same qualifications when chosen as judges of the Supreme Court of Appeals and must live in the circuit area where the circuit court is located while he is in office. The number of sessions of the circuit courts to be held for each county and city is prescribed by law and the judge of one circuit may be required or authorized to hold court in another circuit or city. Circuit courts usually have original and appellate jurisdiction in (1) all civil cases involving twenty dollars or more and (2) certain criminal cases.

Below the circuit courts in the court structure in Virginia are the city Hustings or Corporation Courts. They are courts of record also and have original jurisdiction except in cases of appeals from justices. These courts have the sole power to appoint electoral boards in cities where they are located. They have much concurrent jurisdiction with the circuit courts. They are criminal courts and can try cases of felonies committed within one mile of the corporation limits. There are sixteen such courts: Corporation Courts located in Alexandria, Bristol, Charlottesville, Danville, Lynchburg, Newport News, Norfolk (2), South Norfolk, Staunton, and Winchester; Hustings Courts located in Petersburg, Portsmouth, Richmond (2) and Roanoke. These city court judges must live in the city where the court is located.