Supreme Court of Virginia
Encyclopedia
The Supreme Court of Virginia is the highest court
in the Commonwealth of Virginia
. It primarily hears appeals from the trial-level city and county Circuit Court
s, as well as the criminal law
, family law
and administrative law
cases that go through the Court of Appeals of Virginia
. It is one of the oldest continuously active judicial bodies
in the United States
. It was known as the Supreme Court of Appeals until 1970, when it was renamed the Supreme Court of Virginia.
The present Supreme Court of Virginia is made up of seven justices elected by a majority vote of both houses of the General Assembly for a term of twelve years. To be eligible for election, a candidate must be a resident of Virginia and must have been a member of the Virginia Bar for at least five years. Vacancies on the court occurring between sessions of the General Assembly may be filled by the Governor for a term expiring thirty days after the commencement of the next session of the General Assembly. By statute, the Chief Justice is chosen by a majority vote of the seven justices.
By statute, the court may designate a retired justice to serve as Senior Justice for a renewable one year term. The court may designate up to five senior justices. Senior justices sit with the court during regular sessions hearing writs and sitting on merit cases, especially when an active member of the court is recused from hearing a particular case. In addition, a retired justice who has not been designated as a senior justice may sit with the court by special designation.
as part of the Charter of 1606
under which Jamestown, Virginia
, the first permanent English settlement in North America, was established. In 1623, the Virginia House of Burgesses created a five-man appellate court
, which met quarterly to hear appeals from the lower court
s. Meeting on the first day of March, June, September, and December, it became known as the Quarter Court.
The June term became unnecessary over the years, and in 1661, the Quarter Court became the General Court with original and appellate jurisdiction in both civil and criminal matters. It was a court of last resort for the Virginia colonists except in those rare circumstances when an appeal could be made to the King in England. Its members were appointed by the King on the basis of social standing, property, and the proximity of their estates to the Williamsburg
capital. Though the judges were generally most capable, the majority possessed no formal legal training.
At the close of the Revolutionary War, the court system was reorganized. An act of the new General Assembly
in 1779 created four superior courts, including the Supreme Court of Appeals, to be composed of judges of the other three existing courts: the Admiralty, the General, and the Chancery Courts. The Supreme Court of Appeals, which served as a model for the United States Supreme Court
, first convened in Williamsburg on August 30, 1779. Shortly thereafter, the Court was moved to Richmond
and held its sessions in the Henrico County
Courthouse. Its jurisdiction was primarily appellate, and its members were elected by the legislature.
Among the court's first members were several distinguished legal scholars and jurists as well as leaders of the revolutionary period
. Edmund Pendleton
, who served Virginia as a delegate to the First Continental Congress
, was selected by the judges as its first president. George Wythe
, the mentor of Thomas Jefferson
and signer of the Declaration of Independence
, and John Blair
, who later served on the United States Supreme Court, were also members of Virginia's first Supreme Court. Another notable member was William Fleming, who also served as the third governor of Virginia.
Until 1788, the judges did not render written opinions or give reasons for their decisions. Pendleton felt that the policy of no written opinions preserved a semblance of unity for the court and lent more credence to their decisions. Thomas Jefferson disagreed and began recording the decisions of the court in his reports. The court convened on the tenth day of April and met for twenty-four days unless they were able to complete their business sooner.
A legislative act of 1788 provided that the court should be entirely separated from the other courts with five judges to be elected by joint vote of both houses of the General Assembly. These men were commissioned by the Governor
and appointed for life on good behavior. This resulted in placing the judges beyond control of the legislature once on the bench, and the court continued to function in this manner for more than half a century.
The Reform Convention of 1850-51 again reorganized the judiciary by limiting the terms of the justices to twelve years and providing for their election by popular vote. The state was divided into five judicial sections, and each candidate was required to be at least thirty-five years old and to reside within the section he wished to represent. The resulting Constitution of 1851 also required the court to state in writing its reasons for reversing or affirming a judgment or a decree.
Following the turmoil of the Civil War
, the Constitution of 1870 altered the method of selecting judges and reestablished election by joint vote of both houses of the General Assembly, retaining the term of twelve years. The constitution also required that annual sessions be held away from Richmond in the localities of Wytheville
, Staunton
, and Winchester
. This mandate from the days of horse and buggy travel continued into the twentieth century, with sessions being held in Staunton as late as September, 1970. In recent years, however, the court has held writ panel sessions outside of Richmond during the summer. These sessions are held for the convenience of the attorneys who would otherwise have to travel to Richmond and also to provide a higher profile for the court outside of Richmond.
By constitutional amendment in 1928, the number of justices was increased to seven and the title of the presiding officer of the court was changed from President to Chief Justice. At the same time, the amendment significantly increased the power given the Supreme Court.
The Constitution of 1970 changed the name of the court to its present title of Supreme Court of Virginia.
Rather than abide by the terms of this order, the chairman refused to accept the reports, and the committees declined to interview the five judges who were the subject of the report. Several legislators viewed the Court’s order as a violation of separation of powers. This controversy also led to the introduction of legislation that would take the evaluation program away from the Court’s control and, instead, make it subject to direct control by the General Assembly. Another bill was also introduced to limit the terms of the Chief Justice of the Court to two consecutive four-year terms. Not coincidentally, Chief Justice Hassell, who was at the center of the controversy, was then serving his second term as head of the Court.
Neither of these bills passed, however the legislature did eliminate the specific line-item funding for the JPE program. Because the statute directing the Court to maintain the program remains in force, a number of members of the legislature indicated that they expected the Court to continue the program by finding funds from elsewhere in the Judicial Branch's budget. However, as the Court was already being required to make cuts in its budget due to the economic downturn, the Court advised the judges currently under evaluation that the program would be suspended at the end of the current fiscal year on June 30, 2009.
and appellate jurisdiction
, its primary function is to review decisions of lower courts, including the Court of Appeals, from which appeals have been allowed. Virginia does not allow an appeal to the Supreme Court as a matter of right except in cases involving the State Corporation Commission
, the disbarment
of an attorney, and review of the death penalty
.
The court's original jurisdiction is limited to cases of habeas corpus
(ordering one holding custody to produce the detained person before the court for the purpose of determining whether such custody is proper), mandamus
(ordering the holder of an office to perform his duty), prohibition
(ordering an action stopped in a lower court), and writs of actual innocence pursuant to Virginia's Code § 19.2-327.2. It also has original jurisdiction for challenges to decisions of the State Corporation Commission
pursuant to Article IX of the Constitution of Virginia
http://legis.state.va.us/Laws/search/Constitution.htm#9S1. The Supreme Court also has original jurisdiction in matters filed by the Judicial Inquiry and Review Commission relating to judicial censure, retirement, and removal of judges.
In Virginia, appellate review before the Supreme Court is a two step process in most cases. First, a petition is filed with the Clerk of the Supreme Court. Petitions are then assigned to a law clerk or staff attorney for research and further preparation. Oral arguments are heard before a panel of three justices. In a limited number of cases, oral arguments may be heard by the Chief Staff Attorney who then presents the case to a panel of three justices for decision. The justices conduct a thorough review on the merits of each case with the assistance of memoranda summarizing the facts and basic issues of each appeal prepared by a law clerk or staff attorney. One justice may grant an appeal, even if the other two justices do not concur. Usually, three justices must concur before an appeal is denied (in rare cases, two justices may consider a case for which there has been no oral argument to the Court or which is being dismissed for procedural reasons). If the petition is denied, the appeal process ends (except that the appellant may request a rehearing) and the judgment of the lower court is affirmed. If the petition is granted, the second phase of the appeal proceeds with eventual argument of the cases before the full court.
During the second phase of an appeal and before each session of the court, the Clerk forwards to each justice a copy of the printed docket showing the cases to be heard at that session, together with a copy of the printed record and briefs filed in each case. This allows each justice to study the cases before they are argued orally.
A rotation system is used in designating the justices who are to prepare the opinions of the court. Prior to each session of the court, the assignment of the cases is determined by lot. Seven slips of paper are prepared by the Clerk of the Court with one slip bearing the number "I" and the remainder being blank. The slips are placed in a hat, and the member of the court (or a proxy) drawing the marked paper writes opinions in the first, eighth, and fifteenth, etc., cases on the docket. The justice immediately below him/her in seniority is responsible for the second, ninth, and sixteenth cases, and so on until all cases are assigned.
Sessions are held in the Courtroom of the Supreme Court with the justices being seated on the bench in order of seniority. The Chief Justice is seated in the center with the justice next in seniority on his right, the justice third in seniority on his left, and so on in alternating order such that the newest justice is seated on the far left. Attorneys for both sides are usually allowed fifteen minutes each to present their arguments. The justices often interrupt the attorneys to ask questions on some issue in the case. During a typical session of the court, the justices hear oral arguments each morning and convene that afternoon for a private discussion of the cases heard that morning. The member responsible for writing the opinion directs discussion of the case by asking the justice seated at the conference table to the right for comments on the case. The justices then proceed to comment in turn with the member designated to write the opinion speaking last. This discussion and debate provide the opinion writer guidance in preparing an opinion reflecting the views of a majority of the justices. Once a justice has completed a draft of his opinion, copies are circulated to the other members of the court and the Court Reporter. Opinion conferences are held prior to the beginning of each session. At this time, the justices conclude their review of the cases and the draft opinions receive final approval. Opinions are made public on the last day of each session of the court and are published in the Virginia Reports.
The Clerk is appointed by and serves at the pleasure of the Supreme Court. The Clerk's Office receives, processes, and maintains permanent records of all appeals and other official documents filed with the Court. The Clerk also maintains records of qualified attorneys and other administrative records. The current Clerk is Patricia Harrington. Her Chief Deputy is Doug Robelen.
The Executive Secretary is appointed by and serves at the pleasure of the Supreme Court. At one time, it was required that the Executive Secretary be a resident of the Commonwealth and a member of the Virginia Bar for at least five years. However, upon the retirement of the Robert Baldwin, the long severing Executive Secretary, in 2004, and after an extensive search for a replacement failed to find a suitable candidate who was an attorney, the latter requirement was waived so that Karl R. Hade, an employee of the Executive Secretary's Office of Judicial Information and Technology could assume the role. Hade is expected to usher in a new era of technology-enhanced court services. A new position of Counsel to the Executive Secretary was created to advise the Executive Secretary on legal matters. The purpose of the office is to provide assistance to the Chief Justice and the court in the administration of the judicial system.
The Chief Staff Attorney is appointed by and serves at the pleasure of the Supreme Court. He supervises a staff of permanent staff attorneys, law clerks and paralegals. The current Chief Staff Attorney is Gregory Lucyk, a former Virginia Assistant Attorney General.
Each justice has two personal law clerks who, along with other assigned duties, assists with legal research and perfection of opinions. The law clerks and staff attorneys are also principally responsible for reviewing the petitions for appeal which are filed as a prerequisite to the court granting an appeal.
The Court Reporter is a distinguished member of the faculty of one of the law schools in Virginia. His main responsibility is to supervise the compilation, indexing, printing and publication of the written opinions of the court in the Virginia Reports. He is assisted by a fulltime staff attorney. There are over two hundred and seventy volumes of the Reports which, together with the Constitution of Virginia
and the Acts of the General Assembly of Virginia (but subject to federal law) form the body of law by which all Virginians are governed. The current Court Reporter is Prof. Kent Sinclair of the University of Virginia School of Law
.
The State Law Librarian supervises a library of approximately 100,000 volumes for the use of the court and the Bar. The current State Law Librarian is Gail Warren. The State Law Library also serves as an official Federal Depository Library, meaning that it receives official publications of the United States Government, such as the Congressional Record
, so that the public may have access to these documents.
places upon the Chief Justice of the Supreme Court of Virginia the responsibility of supervising the administration of the entire court system of the Commonwealth. The Chief Justice may temporarily assign any judge of a circuit court to any other circuit court and may recall a retired circuit court judge to active duty. The Chief Justice may also designate a retired judge, an active district court judge, or an active circuit court judge, with his/her consent, to assist with a congested workload in any district. Other responsibilities of the Chief Justice include presiding over the various committees charged with improving the administration of justice in Virginia.
The Virginia judicial system comprises the Supreme Court, a Court of Appeals
, circuit courts in thirty-one judicial circuits, general district and juvenile and domestic relations district courts in thirty-two districts, and magistrates in offices in thirty-two districts. Three advisory/administrative bodies have been created by the legislature to aid in the operation of the court system: the Judicial Inquiry and Review Commission, the Judicial Council, and the Committee on District Courts.
The aim of the Virginia judicial system is to assure that disputes are resolved justly, promptly, and economically through a court system unified in its structures and administration. A competent staff of judges and court personnel, uniform rules and practices, and adequate funding are necessary to accomplish this function and to provide the citizens of the Commonwealth of Virginia with the best possible judicial system.
. The Court's seal depicts the Goddess Justitia
seated on a throne holding the Scales of Justice
in her left hand while her right hand extends toward the figure of an ostrich (some descriptions identify the bird as an ibis, crane or egret), a symbol of mercy or rumination of thought. The origin of the seal is not known. During a ceremony to celebrate the Court's 225th anniversary, the seal was used for the first time in many years on the cover of the programs given to guests, and also appears on certificates of admission and other ceremonial documents issued by the Court. The lesser state seal, however, is depicted on the Justices' chairs and on a medallion over the entrance to the main courtroom.
Supreme court
A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...
in the Commonwealth of Virginia
Virginia
The Commonwealth of Virginia , is a U.S. state on the Atlantic Coast of the Southern United States. Virginia is nicknamed the "Old Dominion" and sometimes the "Mother of Presidents" after the eight U.S. presidents born there...
. It primarily hears appeals from the trial-level city and county Circuit Court
Circuit court
Circuit court is the name of court systems in several common law jurisdictions.-History:King Henry II instituted the custom of having judges ride around the countryside each year to hear appeals, rather than forcing everyone to bring their appeals to London...
s, as well as the criminal law
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
, family law
Family law
Family law is an area of the law that deals with family-related issues and domestic relations including:*the nature of marriage, civil unions, and domestic partnerships;...
and administrative law
Administrative law
Administrative law is the body of law that governs the activities of administrative agencies of government. Government agency action can include rulemaking, adjudication, or the enforcement of a specific regulatory agenda. Administrative law is considered a branch of public law...
cases that go through the Court of Appeals of Virginia
Court of Appeals of Virginia
The Court of Appeals of Virginia, established January 1, 1985, is an eleven-judge body that hears appeals from decisions of Virginia's circuit courts and the Virginia Workers' Compensation Commission. The Court sits in panels of at least three judges, and sometimes hears cases en banc...
. It is one of the oldest continuously active judicial bodies
Judiciary
The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...
in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
. It was known as the Supreme Court of Appeals until 1970, when it was renamed the Supreme Court of Virginia.
The present Supreme Court of Virginia is made up of seven justices elected by a majority vote of both houses of the General Assembly for a term of twelve years. To be eligible for election, a candidate must be a resident of Virginia and must have been a member of the Virginia Bar for at least five years. Vacancies on the court occurring between sessions of the General Assembly may be filled by the Governor for a term expiring thirty days after the commencement of the next session of the General Assembly. By statute, the Chief Justice is chosen by a majority vote of the seven justices.
By statute, the court may designate a retired justice to serve as Senior Justice for a renewable one year term. The court may designate up to five senior justices. Senior justices sit with the court during regular sessions hearing writs and sitting on merit cases, especially when an active member of the court is recused from hearing a particular case. In addition, a retired justice who has not been designated as a senior justice may sit with the court by special designation.
History of the Supreme Court of Virginia
The Supreme Court of Virginia has its roots in the seventeenth century English legal system, which was instituted in VirginiaVirginia
The Commonwealth of Virginia , is a U.S. state on the Atlantic Coast of the Southern United States. Virginia is nicknamed the "Old Dominion" and sometimes the "Mother of Presidents" after the eight U.S. presidents born there...
as part of the Charter of 1606
Charter of 1606
The Charter of 1606, also known as the First Charter of Virginia, is a document from King James I of England to the Virginia Company assigning land rights to colonists for the stated purpose of propagating the Christian religion...
under which Jamestown, Virginia
Jamestown, Virginia
Jamestown was a settlement in the Colony of Virginia. Established by the Virginia Company of London as "James Fort" on May 14, 1607 , it was the first permanent English settlement in what is now the United States, following several earlier failed attempts, including the Lost Colony of Roanoke...
, the first permanent English settlement in North America, was established. In 1623, the Virginia House of Burgesses created a five-man appellate court
Appellate court
An appellate court, commonly called an appeals court or court of appeals or appeal court , is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal...
, which met quarterly to hear appeals from the lower court
Lower court
A lower court is a court from which an appeal may be taken. In relation to an appeal from one court to another, the lower court is the court whose decision is being reviewed, which may be the original trial court or an appellate court lower in rank than the superior court which is hearing the...
s. Meeting on the first day of March, June, September, and December, it became known as the Quarter Court.
The June term became unnecessary over the years, and in 1661, the Quarter Court became the General Court with original and appellate jurisdiction in both civil and criminal matters. It was a court of last resort for the Virginia colonists except in those rare circumstances when an appeal could be made to the King in England. Its members were appointed by the King on the basis of social standing, property, and the proximity of their estates to the Williamsburg
Williamsburg, Virginia
Williamsburg is an independent city located on the Virginia Peninsula in the Hampton Roads metropolitan area of Virginia, USA. As of the 2010 Census, the city had an estimated population of 14,068. It is bordered by James City County and York County, and is an independent city...
capital. Though the judges were generally most capable, the majority possessed no formal legal training.
At the close of the Revolutionary War, the court system was reorganized. An act of the new General Assembly
Virginia General Assembly
The Virginia General Assembly is the legislative body of the Commonwealth of Virginia, and the oldest legislative body in the Western Hemisphere, established on July 30, 1619. The General Assembly is a bicameral body consisting of a lower house, the Virginia House of Delegates, with 100 members,...
in 1779 created four superior courts, including the Supreme Court of Appeals, to be composed of judges of the other three existing courts: the Admiralty, the General, and the Chancery Courts. The Supreme Court of Appeals, which served as a model for the United States Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
, first convened in Williamsburg on August 30, 1779. Shortly thereafter, the Court was moved to Richmond
Richmond, Virginia
Richmond is the capital of the Commonwealth of Virginia, in the United States. It is an independent city and not part of any county. Richmond is the center of the Richmond Metropolitan Statistical Area and the Greater Richmond area...
and held its sessions in the Henrico County
Henrico County, Virginia
Henrico is a county located in the Commonwealth of Virginia, a state of the United States. As of 2010, Henrico was home to 306,935 people. It is located in the Richmond-Petersburg region and is a portion of the Richmond Metropolitan Statistical Area...
Courthouse. Its jurisdiction was primarily appellate, and its members were elected by the legislature.
Among the court's first members were several distinguished legal scholars and jurists as well as leaders of the revolutionary period
American Revolution
The American Revolution was the political upheaval during the last half of the 18th century in which thirteen colonies in North America joined together to break free from the British Empire, combining to become the United States of America...
. Edmund Pendleton
Edmund Pendleton
Edmund Pendleton was a Virginia politician, lawyer and judge, active in the American Revolutionary War. -Early years:...
, who served Virginia as a delegate to the First Continental Congress
First Continental Congress
The First Continental Congress was a convention of delegates from twelve of the thirteen North American colonies that met on September 5, 1774, at Carpenters' Hall in Philadelphia, Pennsylvania, early in the American Revolution. It was called in response to the passage of the Coercive Acts by the...
, was selected by the judges as its first president. George Wythe
George Wythe
George Wythe was an American lawyer, a judge, a prominent law professor and "Virginia's foremost classical scholar." He was a teacher and mentor of Thomas Jefferson. Wythe's signature is positioned at the head of the list of seven Virginia signatories on the United States Declaration of Independence...
, the mentor of Thomas Jefferson
Thomas Jefferson
Thomas Jefferson was the principal author of the United States Declaration of Independence and the Statute of Virginia for Religious Freedom , the third President of the United States and founder of the University of Virginia...
and signer of the Declaration of Independence
United States Declaration of Independence
The Declaration of Independence was a statement adopted by the Continental Congress on July 4, 1776, which announced that the thirteen American colonies then at war with Great Britain regarded themselves as independent states, and no longer a part of the British Empire. John Adams put forth a...
, and John Blair
John Blair
John Blair, Jr. was an American politician, Founding Father and jurist.Blair was one of the best-trained jurists of his day. A famous legal scholar, he avoided the tumult of state politics, preferring to work behind the scenes...
, who later served on the United States Supreme Court, were also members of Virginia's first Supreme Court. Another notable member was William Fleming, who also served as the third governor of Virginia.
Until 1788, the judges did not render written opinions or give reasons for their decisions. Pendleton felt that the policy of no written opinions preserved a semblance of unity for the court and lent more credence to their decisions. Thomas Jefferson disagreed and began recording the decisions of the court in his reports. The court convened on the tenth day of April and met for twenty-four days unless they were able to complete their business sooner.
A legislative act of 1788 provided that the court should be entirely separated from the other courts with five judges to be elected by joint vote of both houses of the General Assembly. These men were commissioned by the Governor
Governor of Virginia
The governor of Virginia serves as the chief executive of the Commonwealth of Virginia for a four-year term. The position is currently held by Republican Bob McDonnell, who was inaugurated on January 16, 2010, as the 71st governor of Virginia....
and appointed for life on good behavior. This resulted in placing the judges beyond control of the legislature once on the bench, and the court continued to function in this manner for more than half a century.
The Reform Convention of 1850-51 again reorganized the judiciary by limiting the terms of the justices to twelve years and providing for their election by popular vote. The state was divided into five judicial sections, and each candidate was required to be at least thirty-five years old and to reside within the section he wished to represent. The resulting Constitution of 1851 also required the court to state in writing its reasons for reversing or affirming a judgment or a decree.
Following the turmoil of the Civil War
American Civil War
The American Civil War was a civil war fought in the United States of America. In response to the election of Abraham Lincoln as President of the United States, 11 southern slave states declared their secession from the United States and formed the Confederate States of America ; the other 25...
, the Constitution of 1870 altered the method of selecting judges and reestablished election by joint vote of both houses of the General Assembly, retaining the term of twelve years. The constitution also required that annual sessions be held away from Richmond in the localities of Wytheville
Wytheville, Virginia
Wytheville is a town in Wythe County, Virginia, United States. The population was 8,211 at the 2010 census. It is the county seat of Wythe County. The town is home to a Chautauqua Festival, held the third weekend in June every year since 1985...
, Staunton
Staunton, Virginia
Staunton is an independent city within the confines of Augusta County in the commonwealth of Virginia. The population was 23,746 as of 2010. It is the county seat of Augusta County....
, and Winchester
Winchester, Virginia
Winchester is an independent city located in the northwestern portion of the Commonwealth of Virginia in the USA. The city's population was 26,203 according to the 2010 Census...
. This mandate from the days of horse and buggy travel continued into the twentieth century, with sessions being held in Staunton as late as September, 1970. In recent years, however, the court has held writ panel sessions outside of Richmond during the summer. These sessions are held for the convenience of the attorneys who would otherwise have to travel to Richmond and also to provide a higher profile for the court outside of Richmond.
By constitutional amendment in 1928, the number of justices was increased to seven and the title of the presiding officer of the court was changed from President to Chief Justice. At the same time, the amendment significantly increased the power given the Supreme Court.
The Constitution of 1970 changed the name of the court to its present title of Supreme Court of Virginia.
Judicial Performance Evaluation Program controversy
The Virginia General Assembly directed the Court by statute to create a judicial performance evaluation (JPE) program in order to have some objective measure for determining whether to reappoint judges at the end of their terms. In 2008, the reports on the first five judges to be evaluated in the program were sent to the chairmen of the Senate and House Courts of Justice committees; however, the Court also entered an order directing the chairmen to disseminate the reports only to the members of the legislature and to collect all copies at the end of the session and return them to the Court. The order expressly stated that the reports were confidential and could not be released to the public.Rather than abide by the terms of this order, the chairman refused to accept the reports, and the committees declined to interview the five judges who were the subject of the report. Several legislators viewed the Court’s order as a violation of separation of powers. This controversy also led to the introduction of legislation that would take the evaluation program away from the Court’s control and, instead, make it subject to direct control by the General Assembly. Another bill was also introduced to limit the terms of the Chief Justice of the Court to two consecutive four-year terms. Not coincidentally, Chief Justice Hassell, who was at the center of the controversy, was then serving his second term as head of the Court.
Neither of these bills passed, however the legislature did eliminate the specific line-item funding for the JPE program. Because the statute directing the Court to maintain the program remains in force, a number of members of the legislature indicated that they expected the Court to continue the program by finding funds from elsewhere in the Judicial Branch's budget. However, as the Court was already being required to make cuts in its budget due to the economic downturn, the Court advised the judges currently under evaluation that the program would be suspended at the end of the current fiscal year on June 30, 2009.
Jurisdiction of the Virginia Supreme Court
Although the Supreme Court of Virginia possesses both originalOriginal jurisdiction
The original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a court has the power to review a lower court's decision.-France:...
and appellate jurisdiction
Appellate jurisdiction
Appellate jurisdiction is the power of the Supreme Court to review decisions and change outcomes of decisions of lower courts. Most appellate jurisdiction is legislatively created, and may consist of appeals by leave of the appellate court or by right...
, its primary function is to review decisions of lower courts, including the Court of Appeals, from which appeals have been allowed. Virginia does not allow an appeal to the Supreme Court as a matter of right except in cases involving the State Corporation Commission
State Corporation Commission
The State Corporation Commission, or SCC, is a Virginia regulatory agency whose authority encompasses utilities, insurance, state-chartered financial institutions, securities, retail franchising, and railroads...
, the disbarment
Disbarment
Disbarment is the removal of a lawyer from a bar association or the practice of law, thus revoking his or her law license or admission to practice law...
of an attorney, and review of the death penalty
Capital punishment in Virginia
Capital punishment is legal in the U.S. State of Virginia. In what is now the Commonwealth of Virginia, the first execution in the future United States was carried out in 1608. It was the first of 1,384 executions, the highest total of any state in the Union...
.
The court's original jurisdiction is limited to cases of habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
(ordering one holding custody to produce the detained person before the court for the purpose of determining whether such custody is proper), mandamus
Mandamus
A writ of mandamus or mandamus , or sometimes mandate, is the name of one of the prerogative writs in the common law, and is "issued by a superior court to compel a lower court or a government officer to perform mandatory or purely ministerial duties correctly".Mandamus is a judicial remedy which...
(ordering the holder of an office to perform his duty), prohibition
Prohibition (writ)
A writ of prohibition is a writ directing a subordinate to stop doing something the law prohibits. In practice, the Court directs the Clerk to issue the Writ, and directs the Sheriff to serve it on the subordinate, and the Clerk prepares the Writ and gives it to the Sheriff, who serves it.This...
(ordering an action stopped in a lower court), and writs of actual innocence pursuant to Virginia's Code § 19.2-327.2. It also has original jurisdiction for challenges to decisions of the State Corporation Commission
State Corporation Commission
The State Corporation Commission, or SCC, is a Virginia regulatory agency whose authority encompasses utilities, insurance, state-chartered financial institutions, securities, retail franchising, and railroads...
pursuant to Article IX of the Constitution of Virginia
Constitution of Virginia
The Constitution of the Commonwealth of Virginia is the document that defines and limits the powers of the state government and the basic rights of the citizens of the U.S. Commonwealth of Virginia. Like all other state constitutions, it is supreme over Virginia's laws and acts of government,...
http://legis.state.va.us/Laws/search/Constitution.htm#9S1. The Supreme Court also has original jurisdiction in matters filed by the Judicial Inquiry and Review Commission relating to judicial censure, retirement, and removal of judges.
Procedure
The court meets for five-day sessions beginning in September and continuing every seventh week thereafter until the completion of the June docket. All sessions are held in Richmond. During the six-week recess between each session, the justices conduct extensive legal research upon the cases awaiting decision, draft and review opinions, study cases in which petitions for appeal have been filed, conduct hearings on petitions for appeal, and attend to administrative duties.In Virginia, appellate review before the Supreme Court is a two step process in most cases. First, a petition is filed with the Clerk of the Supreme Court. Petitions are then assigned to a law clerk or staff attorney for research and further preparation. Oral arguments are heard before a panel of three justices. In a limited number of cases, oral arguments may be heard by the Chief Staff Attorney who then presents the case to a panel of three justices for decision. The justices conduct a thorough review on the merits of each case with the assistance of memoranda summarizing the facts and basic issues of each appeal prepared by a law clerk or staff attorney. One justice may grant an appeal, even if the other two justices do not concur. Usually, three justices must concur before an appeal is denied (in rare cases, two justices may consider a case for which there has been no oral argument to the Court or which is being dismissed for procedural reasons). If the petition is denied, the appeal process ends (except that the appellant may request a rehearing) and the judgment of the lower court is affirmed. If the petition is granted, the second phase of the appeal proceeds with eventual argument of the cases before the full court.
During the second phase of an appeal and before each session of the court, the Clerk forwards to each justice a copy of the printed docket showing the cases to be heard at that session, together with a copy of the printed record and briefs filed in each case. This allows each justice to study the cases before they are argued orally.
A rotation system is used in designating the justices who are to prepare the opinions of the court. Prior to each session of the court, the assignment of the cases is determined by lot. Seven slips of paper are prepared by the Clerk of the Court with one slip bearing the number "I" and the remainder being blank. The slips are placed in a hat, and the member of the court (or a proxy) drawing the marked paper writes opinions in the first, eighth, and fifteenth, etc., cases on the docket. The justice immediately below him/her in seniority is responsible for the second, ninth, and sixteenth cases, and so on until all cases are assigned.
Sessions are held in the Courtroom of the Supreme Court with the justices being seated on the bench in order of seniority. The Chief Justice is seated in the center with the justice next in seniority on his right, the justice third in seniority on his left, and so on in alternating order such that the newest justice is seated on the far left. Attorneys for both sides are usually allowed fifteen minutes each to present their arguments. The justices often interrupt the attorneys to ask questions on some issue in the case. During a typical session of the court, the justices hear oral arguments each morning and convene that afternoon for a private discussion of the cases heard that morning. The member responsible for writing the opinion directs discussion of the case by asking the justice seated at the conference table to the right for comments on the case. The justices then proceed to comment in turn with the member designated to write the opinion speaking last. This discussion and debate provide the opinion writer guidance in preparing an opinion reflecting the views of a majority of the justices. Once a justice has completed a draft of his opinion, copies are circulated to the other members of the court and the Court Reporter. Opinion conferences are held prior to the beginning of each session. At this time, the justices conclude their review of the cases and the draft opinions receive final approval. Opinions are made public on the last day of each session of the court and are published in the Virginia Reports.
Court organization
The court organization consists of the Clerk of the Supreme Court, the Executive Secretary of the Supreme Court, the Court Reporter, the Chief Staff Attorney of the Supreme Court, and the Law Librarian.The Clerk is appointed by and serves at the pleasure of the Supreme Court. The Clerk's Office receives, processes, and maintains permanent records of all appeals and other official documents filed with the Court. The Clerk also maintains records of qualified attorneys and other administrative records. The current Clerk is Patricia Harrington. Her Chief Deputy is Doug Robelen.
The Executive Secretary is appointed by and serves at the pleasure of the Supreme Court. At one time, it was required that the Executive Secretary be a resident of the Commonwealth and a member of the Virginia Bar for at least five years. However, upon the retirement of the Robert Baldwin, the long severing Executive Secretary, in 2004, and after an extensive search for a replacement failed to find a suitable candidate who was an attorney, the latter requirement was waived so that Karl R. Hade, an employee of the Executive Secretary's Office of Judicial Information and Technology could assume the role. Hade is expected to usher in a new era of technology-enhanced court services. A new position of Counsel to the Executive Secretary was created to advise the Executive Secretary on legal matters. The purpose of the office is to provide assistance to the Chief Justice and the court in the administration of the judicial system.
The Chief Staff Attorney is appointed by and serves at the pleasure of the Supreme Court. He supervises a staff of permanent staff attorneys, law clerks and paralegals. The current Chief Staff Attorney is Gregory Lucyk, a former Virginia Assistant Attorney General.
Each justice has two personal law clerks who, along with other assigned duties, assists with legal research and perfection of opinions. The law clerks and staff attorneys are also principally responsible for reviewing the petitions for appeal which are filed as a prerequisite to the court granting an appeal.
The Court Reporter is a distinguished member of the faculty of one of the law schools in Virginia. His main responsibility is to supervise the compilation, indexing, printing and publication of the written opinions of the court in the Virginia Reports. He is assisted by a fulltime staff attorney. There are over two hundred and seventy volumes of the Reports which, together with the Constitution of Virginia
Constitution of Virginia
The Constitution of the Commonwealth of Virginia is the document that defines and limits the powers of the state government and the basic rights of the citizens of the U.S. Commonwealth of Virginia. Like all other state constitutions, it is supreme over Virginia's laws and acts of government,...
and the Acts of the General Assembly of Virginia (but subject to federal law) form the body of law by which all Virginians are governed. The current Court Reporter is Prof. Kent Sinclair of the University of Virginia School of Law
University of Virginia School of Law
The University of Virginia School of Law was founded in Charlottesville in 1819 by Thomas Jefferson as one of the original subjects taught at his "academical village," the University of Virginia. The law school maintains an enrollment of approximately 1,100 students in its initial degree program...
.
The State Law Librarian supervises a library of approximately 100,000 volumes for the use of the court and the Bar. The current State Law Librarian is Gail Warren. The State Law Library also serves as an official Federal Depository Library, meaning that it receives official publications of the United States Government, such as the Congressional Record
Congressional Record
The Congressional Record is the official record of the proceedings and debates of the United States Congress. It is published by the United States Government Printing Office, and is issued daily when the United States Congress is in session. Indexes are issued approximately every two weeks...
, so that the public may have access to these documents.
The Virginia judicial system
Article VI, Section 4, of the Constitution of VirginiaConstitution of Virginia
The Constitution of the Commonwealth of Virginia is the document that defines and limits the powers of the state government and the basic rights of the citizens of the U.S. Commonwealth of Virginia. Like all other state constitutions, it is supreme over Virginia's laws and acts of government,...
places upon the Chief Justice of the Supreme Court of Virginia the responsibility of supervising the administration of the entire court system of the Commonwealth. The Chief Justice may temporarily assign any judge of a circuit court to any other circuit court and may recall a retired circuit court judge to active duty. The Chief Justice may also designate a retired judge, an active district court judge, or an active circuit court judge, with his/her consent, to assist with a congested workload in any district. Other responsibilities of the Chief Justice include presiding over the various committees charged with improving the administration of justice in Virginia.
The Virginia judicial system comprises the Supreme Court, a Court of Appeals
Court of Appeals of Virginia
The Court of Appeals of Virginia, established January 1, 1985, is an eleven-judge body that hears appeals from decisions of Virginia's circuit courts and the Virginia Workers' Compensation Commission. The Court sits in panels of at least three judges, and sometimes hears cases en banc...
, circuit courts in thirty-one judicial circuits, general district and juvenile and domestic relations district courts in thirty-two districts, and magistrates in offices in thirty-two districts. Three advisory/administrative bodies have been created by the legislature to aid in the operation of the court system: the Judicial Inquiry and Review Commission, the Judicial Council, and the Committee on District Courts.
The aim of the Virginia judicial system is to assure that disputes are resolved justly, promptly, and economically through a court system unified in its structures and administration. A competent staff of judges and court personnel, uniform rules and practices, and adequate funding are necessary to accomplish this function and to provide the citizens of the Commonwealth of Virginia with the best possible judicial system.
Court seal
Though it is seldom used except on the admissions certificates issued to members of the Virginia State Bar, the Supreme Court has its own seal which is distinct from the Seal of VirginiaSeal of Virginia
The seals of the Commonwealth of Virginia are the official symbols of the United States Commonwealth of Virginia.-History:In May 1776 the Virginia colony declared its independence from Great Britain. On July 1, 1776, a committee of four was appointed to make a proper seal for the Commonwealth of...
. The Court's seal depicts the Goddess Justitia
Lady Justice
Lady Justice |Dike]]) is an allegorical personification of the moral force in judicial systems.-Depiction:The personification of justice balancing the scales of truth and fairness dates back to the Goddess Maat, and later Isis, of ancient Egypt. The Hellenic deities Themis and Dike were later...
seated on a throne holding the Scales of Justice
Scales of Justice
Scales of Justice can refer to:* Justice* Scales held by Lady Justice symbolizing the measure of a case's support and opposition* Scales of Justice , a 1983 Australian television drama* Scales of Justice , a 1990 American series...
in her left hand while her right hand extends toward the figure of an ostrich (some descriptions identify the bird as an ibis, crane or egret), a symbol of mercy or rumination of thought. The origin of the seal is not known. During a ceremony to celebrate the Court's 225th anniversary, the seal was used for the first time in many years on the cover of the programs given to guests, and also appears on certificates of admission and other ceremonial documents issued by the Court. The lesser state seal, however, is depicted on the Justices' chairs and on a medallion over the entrance to the main courtroom.
Active
| Judge | Born | First elected | Expiration | Chief | Note |
|---|---|---|---|---|---|
| Cynthia D. Kinser Cynthia D. Kinser Cynthia D. Kinser is the Chief Justice of the Supreme Court of Virginia who was elected by the Virginia General Assembly to her first 12-year term in 1998 after being appointed by the governor to fill a vacancy in 1997. Justice Kinser was elected to a second 12-year term during the 2010 session... |
1951 | 1998 | January 31, 2022 | 2011-2015 | |
| Donald W. Lemons Donald W. Lemons Donald W. Lemons is a Justice of the Supreme Court of Virginia currently completing his first 12-year term. He received both his undergraduate and law degrees from the University of Virginia.... |
1948 | 2000 | March 16, 2012 | —— | |
| S. Bernard Goodwyn S. Bernard Goodwyn S. Bernard Goodwyn is a Virginia jurist currently serving his first 12-year term as a Justice on the Supreme Court of Virginia. Justice Goodwyn was appointed on October 10, 2007 by Governor Timothy M. Kaine to fill the vacancy created by the retirement of Justice Elizabeth B. Lacy early in 2007... |
1961 | 2008 | February 8, 2020 | —— | |
| Leroy F. Millette, Jr. Leroy F. Millette, Jr. Leroy F. Millette, Jr. is a justice of the Supreme Court of Virginia. Justice Millette was appointed to the Court by Virginia Governor Tim Kaine to fill a vacancy created by the retirement of Justice G. Steven Agee, who had been appointed to the federal 4th Circuit Court of Appeals... |
2009 | January 31, 2021 | —— | ||
| William C. Mims | 1957 | 2010 | March 31, 2022 | —— | |
| Elizabeth A. McClanahan Elizabeth A. McClanahan Elizabeth Ann McClanahan is a justice of the Supreme Court of Virginia. She was sworn in on 1 September 2011 for a term ending in 2023.... |
September 1, 1959 | 2011 | July 31, 2023 | —— | |
| Cleo E. Powell | 2011 | July 31, 2023 | —— |
Senior
| Judge | Born | Active service | Chief | Senior Senior status Senior status is a form of semi-retirement for United States federal judges, and judges in some state court systems. After federal judges have reached a certain combination of age and years of service on the federal courts, they are allowed to assume senior status... since |
|---|---|---|---|---|
| Harry L. Carrico Harry L. Carrico Harry Lee Carrico is the former Chief Justice and a current Senior Justice of the Supreme Court of Virginia. His tenure as an active Justice of the Court, at more than 42 years, is the longest term of any Justice in the Court's history... |
1916 | 1961-2003 | 1981-2003 | 2003 |
| Charles S. Russell Charles S. Russell Charles Stevens Russell was born in Richmond, Virginia, in 1926. He received his secondary education at the Congressional Pages School in Washington, D. C.-Life:... |
1926 | 1982-1991 | —— | 2004 |
| Elizabeth B. Lacy Elizabeth B. Lacy Elizabeth Bermingham Lacy is a Virginia jurist and was the first woman named to the Virginia State Corporation Commission and subsequently was the first woman named to be a Justice of the Supreme Court of Virginia. Lacy is a graduate of St. Mary's College at Notre Dame and the University of Texas... |
1945 | 1988-2007 | —— | 2007 |
| Lawrence L. Koontz, Jr. Lawrence L. Koontz, Jr. Lawrence Larkins Koontz, Jr. is a Senior Justice of the Supreme Court of Virginia. Justice Koontz has served at every level of court judicial system... |
1940 | 1995-2011 | —— | 2011 |
Living Former Members
- Hon. Henry H. WhitingHenry H. WhitingHenry Hudson Whiting , was a member of the Supreme Court of Virginia.-Life:One of eight children born to Lt. Col. Edgar Mason Whiting and Helen Hudson Whiting. His godfather was General George S. Patton, an old friend of Lt. Col. Whiting's from military days...
, Retired Justice - Hon. G. Steven AgeeG. Steven AgeeGeorge Steven Agee is a federal judge on the United States Court of Appeals for the Fourth Circuit and a former Justice of the Supreme Court of Virginia.- Background :...
, former Justice (Justice Agee resigned from the Court in order to take his seat on the federal Fourth Circuit Court of Appeals; so long as he remains on active service in the federal court system, he will be ineligible for recall to service on the Court) - Hon. John Charles ThomasJohn Charles Thomas (jurist)John Charles Thomas is an American jurist.Thomas graduated from the University of Virginia with a Bachelor of Arts degree in American government in 1972. He attended the University of Virginia School of Law and received his law degree in 1975. Following law school, Thomas joined Hunton & Williams,...
, former Justice (because Justice Thomas returned to the practice of law after he resigned from the court, he is not currently subject to recall for service on the Court) - Hon. Barbara Milano KeenanBarbara Milano KeenanBarbara Milano Keenan is a judge on United States Court of Appeals for the Fourth Circuit and a former justice on the Supreme Court of Virginia.- Early life and education :...
, former Justice (Justice Keenan resigned from the Court in order to take her seat on the federal Fourth Circuit Court of Appeals; so long as she remains on active service in the federal court system, she will be ineligible for recall to service on the Court)