Hallowed Heritage: The Life of Virginia

by Dorothy Margaret Torpey

The Virginia Constitution divides the cities of Virginia into two classes as far as the judicial system is concerned: (1) cities having a population of at least ten thousand according to the last official census are called cities of the first class; (2) cities having a population of less than ten thousand according to the last official census are called cities of the second class. In each first class city there may be a corporation court in addition to a circuit court. In any city containing at least thirty thousand inhabitants, the General Assembly may provide additional courts with the number of judges it deems necessary for the public interest.

In a second class city, there may be a corporation or hustings court. The circuit court of the county in which the city is situated and the corporation or hustings court have concurrent jurisdiction in actions at law and suits in equity unless otherwise provided by law. Therefore, the General Assembly has the power to confer exclusive original jurisdiction upon a corporation or hustings court in all cases involving residents of any such city; this setup is much more convenient to the residents who live a considerable distance from the county seat. This type of court may be abolished by a vote of a majority of the qualified voters of the particular city in which the court is located at a special election held for this purpose. Another method by which a court may cease to exist is by having the office of judge of such a court whose annual salary is less than eight hundred dollars become vacant and remain vacant for ninety days consecutively. Automatic abolishment of such court results. In each case in which such court is abolished, the city immediately comes within the jurisdiction of the circuit court of the county wherein it is geographically situated unless otherwise provided for by law. The records of the abolished corporation or city court immediately become records of the aforementioned circuit court and are transferred accordingly.

For each city court of record there is a judge chosen for an eight-year term by a joint vote of both houses of the General Assembly. He must have the same qualifications as Supreme Court of Appeals judges and must live within the jurisdiction of the court over which he presides while he is in office. However, the judge of a corporation court of any corporation having a city charter and having less than ten thousand inhabitants may live outside the city limits. Such an individual may be judge of such corporation court and also judge of a corporation court of some other city having less than ten thousand inhabitants. The judges of city courts may be required or authorized to hold the circuit or city courts of any county or city.

The General Assembly has the power also to establish courts of land registration for the administration of any law it may adopt for the purpose of the settlement, registration, transfer, or assurance of titles to land in the State.

Judges are commissioned by the Governor of the State. Their salaries and allowances are prescribed by law and cannot be diminished during their term of office. Their term of office begins on the first day of February succeeding their election by the General Assembly. Whenever there is a judgeship vacancy, the successor is elected for the unexpired term. The General Assembly also has the authority to retire judges and to provide their compensation. The General Assembly has the power to pass laws giving duties to retired judges such as substitute judge work. The salaries of judges are paid out of the State treasury but the State is reimbursed for one-half of the salaries of each of the circuit judges by the counties and cities composing the circuit, based upon their population and of each of the judges of a city of the first class by the city in which each judge presides. The one exception is the judge of the Circuit Court of the city of Richmond whose entire salary is paid by the State. A city may increase the salary of its circuit or city judges if the city assumes the entire increase and guarantees that such salary will not be diminished during the entire term of office. A city which has less than ten thousand inhabitants pays the salary of its city judge.

Judges may be removed from office in Virginia for cause by a concurrent vote of both houses of the General Assembly. A majority of all the members elected to each house must concur in such vote, and the cause of removal must be entered on the journal of each house. The judge against whom the General Assembly is about to proceed for removal must have notice of same accompanied by a copy of the alleged causes at least twenty days before the actual voting takes place. Typically, no judge can practice law within or without the State of Virginia nor hold any other office of public trust while he is in office.

Writs (court orders) must be issued in the name of the "Commonwealth of Virginia" and must be certified by the clerks of the various courts. The Constitution requires that indictments (a formal charge of crime presented by a grand jury) conclude "against the peace and dignity of the Commonwealth."

The General Assembly provides for the appointment or the election of justices of the peace and establishes their jurisdiction. Authority of justices of the peace includes civil suits which involve limited amounts. In addition, Virginia also has police justices, trial justices, civil justices, civil and police justices, juvenile and domestic relations courts and mayor's courts. Their jurisdiction is usually limited, however, and appeals from them are heard by city and circuit courts.

All cities and counties and many towns have local courts called Magistrate Courts or Justice of the Peace Courts. Their jurisdiction includes misdemeanors and civil cases involving small amounts of money.

The Commonwealth also has two Law and Chancery Courts, one located in Roanoke and one in Norfolk. Their jurisdiction includes the probating of wills and the settling of estates. There is a special Chancery Court located in Richmond which has complete charge of wills to be probated and the settling of estates in that part of "Richmond north of the south bank of the James River." There is also a special Law and Equity Court located in Richmond.