Bill Text: VA HB240 | 2010 | Regular Session | Prefiled
Bill Title: Judicial Council and Committee on District Courts; repeals statutory provisions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-02-15 - House: Engrossment refused by House [HB240 Detail]
Download: Virginia-2010-HB240-Prefiled.html
10101062D Be it enacted by the General Assembly of Virginia: 1. That §§ 8.01-384.1:1, 8.01-576.8, 8.01-576.9, 8.01-581.23, 16.1-69.10, 16.1-69.14, 16.1-69.18, 16.1-69.21, 16.1-69.38, 16.1-69.39, 16.1-69.39:1, 16.1-69.40:1, 16.1-69.40:2, 16.1-69.45, 16.1-69.51, 16.1-69.54, 16.1-69.58, 16.1-89, 16.1-122.3, 16.1-265, 16.1-266.1, 17.1-315, 17.1-507, 17.1-706, 18.2-271.2, 19.2-34, 19.2-37, 19.2-38, 19.2-38.1, 19.2-39, 19.2-46.1, 19.2-46.2, 19.2-164, 19.2-353.3, 20-60.4, 20-60.5, 20-79.1, 20-124.4, 37.2-802, 46.2-388, and 63.2-1924 of the Code of Virginia are amended and reenacted as follows: §8.01-384.1:1. Interpreters for non-English-speaking persons in civil cases. A. In any trial, hearing or other proceeding before a judge in a civil case in which a non-English-speaking person is a party or witness, an interpreter for the non-English-speaking person may be appointed by the court. A qualified English-speaking person fluent in the language of the non-English-speaking person may be appointed by the judge of the court in which the case is to be heard unless the non-English-speaking person shall obtain a qualified interpreter of his own choosing who is approved by the court as being competent. B. To the extent of available appropriations, the compensation
of such interpreter shall be fixed by the court C. Whenever a person communicates through an interpreter to any person under such circumstances that the communications would be privileged, and such persons could not be compelled to testify as to the communications, this privilege shall also apply to the interpreter. The provisions of this section shall apply in circuit courts and district courts. §8.01-576.8. Qualifications of neutrals; referral. A neutral who provides dispute resolution services other than
mediation pursuant to this chapter shall provide the court with a written
statement of qualifications, describing the neutral's background and relevant
training and experience in the field. A dispute resolution program may satisfy
the requirements of this section on behalf of its neutrals by providing the
court with a written statement of the background, training, experience, and
certification, as appropriate, of any neutral who participates in its program.
A neutral who desires to provide mediation and receive referrals from the court
shall be certified pursuant to guidelines promulgated by the At the conclusion of the orientation session, or no later than ten days thereafter, parties electing to continue with the dispute resolution proceeding may: (i) continue with the neutral who conducted the orientation session, (ii) select any neutral or dispute resolution program from the list maintained by the court to conduct such proceedings, or (iii) pursue any other alternative for voluntarily resolving the dispute to which the parties agree. If the parties choose to proceed with the dispute resolution proceeding but are unable to agree on a neutral or dispute resolution program during that period, the court shall refer the case to a neutral or dispute resolution program who accepts such referrals, on the list maintained by the court on the basis of a fair and equitable rotation, taking into account the subject matter of the dispute and the expertise of the neutral, as appropriate. If one or more of the parties is indigent or no agreement as to payment is reached between the parties and a neutral, the court shall set a reasonable fee for the service of any neutral who accepts such referral pursuant to this paragraph. §8.01-576.9. Standards and duties of neutrals; confidentiality; liability. A neutral selected to conduct a dispute resolution proceeding under this chapter may encourage and assist the parties in reaching a resolution of their dispute, but may not compel or coerce the parties into entering into a settlement agreement. A neutral has an obligation to remain impartial and free from conflict of interests in each case, and to decline to participate further in a case should such partiality or conflict arise. Unless expressly authorized by the disclosing party, the neutral may not disclose to either party information relating to the subject matter of the dispute resolution proceeding provided to him in confidence by the other. In reporting on the outcome of the dispute resolution proceeding to the referring court, the neutral shall indicate whether an agreement was reached, the terms of the agreement if authorized by the parties, the fact that no agreement was reached, or the fact that the orientation session or mediation did not occur. The neutral shall not disclose information exchanged or observations regarding the conduct and demeanor of the parties and their counsel during the dispute resolution proceeding, unless the parties otherwise agree. However, where the dispute involves the support of minor children of the parties, the parties shall disclose to each other and to the neutral the information to be used in completing the child support guidelines worksheet required by §20-108.2. The guidelines computations and any reasons for deviation shall be incorporated in any written agreement between the parties. With respect to liability, when mediation is provided by a
mediator who is certified pursuant to guidelines promulgated by the §8.01-581.23. Civil immunity. When a mediation is provided by a mediator who is certified
pursuant to guidelines promulgated by the §16.1-69.10. Number of judges. The number of general district court judges and juvenile and domestic relations district court judges, excluding substitute judges, shall be determined as follows: (a) Judges in office on January 1, 1973, shall be permitted to complete their terms pursuant to §16.1-69.9; (b) [Repealed.] (c) On and after January 1, 1974, the number of judges authorized in each district shall be determined by the General Assembly based on the requirement that all judges whose terms commence on and after July 1, 1980, serve on a full-time basis; and (d) On and after July 1, 1980, the number of judges authorized
in each district by the General Assembly shall be based on the requirement that
no district judge whose term commences on or after July 1, 1980, shall be
elected to serve in more than one district or to serve both a general district
court and juvenile and domestic relations district court in any district;
provided, however, that a judge may serve more than one general district court
or more than one juvenile and domestic relations district court in one
district. §16.1-69.14. Substitute judges.
§16.1-69.18. Bonds of judges, clerks, and others handling funds. Before entering upon the performance of his duties every
judge, substitute judge, clerk, deputy clerk or other officer or employee of a
district court shall enter into bond before the clerk of a circuit court to
which appeals from his court lie, except as hereinafter provided. The bond
shall be in a penalty and with corporate surety approved by the judge of such
appellate court. No such bond shall be in a penalty of less than $3,000, nor
more than $75,000, and all such bonds shall be conditioned for the faithful
performance of the duties of the principal. The bonds shall be made payable to
the Commonwealth and shall be filed with the clerk of such appellate court.
Provided, however, that instead of specific bonds being given as stipulated
herein, the §16.1-69.21. When substitute to serve; his powers and duties. In the event of the inability of the judge to perform the
duties of his office or any of them by reason of sickness, absence, vacation,
interest in the proceeding or parties before the court, or otherwise, such
judge or a person acting on his behalf shall promptly notify the appropriate
chief district judge of such inability. If the chief district judge determines
that the provisions of §16.1-69.35 have been complied with or cannot
reasonably be done within the time permitted and that no other full-time or
retired judge is reasonably available to serve, the chief district judge may
direct a substitute judge to serve as a judge of the court, which substitute
may serve concurrently with one or more of the judges of the court or alone. In
designating a substitute judge to serve, the chief district judge shall,
whenever possible, select a substitute judge who does not regularly practice
law in the court requiring the substitute. Where reasonably available, the
chief district judge may designate a substitute judge from another district
within the Commonwealth. §16.1-69.38. Authorization for substitute judges and personnel. The The §16.1-69.39. Appointment of personnel. All personnel shall be appointed by, serve at the pleasure of,
and be subject to removal by the chief judge of the district court in which
they serve. In the event of any personnel authorized to serve in both a general
district court and juvenile and domestic relations district court within any
district, appointments and removals shall be made by the chief judges of such
courts and in the event of a tie vote on any such matter the chief judges of
the district shall certify such fact to the §16.1-69.39:1. Legal service to district court employees and magistrates. All legal services for personnel of the district courts or
magistrates in civil matters, including civil litigation, arising out of the
performance of their duties, shall be provided by the office of the Attorney
General. If, in the opinion of the Attorney General, it is impractical or
uneconomical for such service to be rendered by his office, the §16.1-69.40:1. Traffic infractions within authority of traffic violations clerk; schedule of fines; prepayment of local ordinances. A. The Supreme Court shall by rule, which may from time to time be amended, supplemented or repealed, but which shall be uniform in its application throughout the Commonwealth, designate the traffic infractions for which a pretrial waiver of appearance, plea of guilty and fine payment may be accepted. Such designated infractions shall include violations of §§46.2-878.2 and 46.2-1242 or any parallel local ordinances. Notwithstanding any rule of the Supreme Court, a person charged with a traffic offense that is listed as prepayable in the Uniform Fine Schedule may prepay his fines and costs without court appearance whether or not he was involved in an accident. The prepayable fine amount for a violation of §46.2-878.2 shall be $200 plus an amount per mile-per-hour in excess of posted speed limits, as authorized in §46.2-878.3. Such infractions shall not include: (a) Indictable offenses; (b) [Repealed.] (c) Operation of a motor vehicle while under the influence of intoxicating liquor or a narcotic or habit-producing drug, or permitting another person, who is under the influence of intoxicating liquor or a narcotic or habit-producing drug, to operate a motor vehicle owned by the defendant or in his custody or control; (d) Reckless driving; (e) Leaving the scene of an accident; (f) Driving while under suspension or revocation of driver's license; (g) Driving without being licensed to drive. (h) [Repealed.] B. An appearance may be made in person or in writing by mail to a clerk of court or in person before a magistrate, prior to any date fixed for trial in court. Any person so appearing may enter a waiver of trial and a plea of guilty and pay the fine and any civil penalties established for the offense charged, with costs. He shall, prior to the plea, waiver, and payment, be informed of his right to stand trial, that his signature to a plea of guilty will have the same force and effect as a judgment of court, and that the record of conviction will be sent to the Commissioner of the Department of Motor Vehicles or the appropriate offices of the State where he received his license to drive. C. The Supreme Court D. Fines imposed under local traffic infraction ordinances which do not parallel provisions of state law and fulfill the criteria set out in subsection A of this section may be prepayable in the manner set forth in subsection B if such ordinances appear in a schedule entered by order of the local circuit courts. The judges of each circuit may establish a schedule of the fines, within the limits prescribed by local ordinances, to be imposed for prepayment of local ordinances designating each offense specifically. Upon the entry of such order it shall be forwarded within 10 days to the Supreme Court of Virginia by the clerk of the local circuit court. The schedule, which from time to time may be amended, supplemented or repealed, shall be uniform in its application throughout the circuit. Such schedule shall not be construed or interpreted so as to limit the discretion of any trial judge trying individual cases at the time fixed for trial. This schedule shall be prominently posted in the place where fines are paid. Fines and costs shall be paid in accordance with the provisions of this Code or any rules or regulations promulgated thereunder. §16.1-69.40:2. Nontraffic offenses for which prepayment authorized; schedules, fines; prepayment of local ordinances. A. The Supreme Court shall by rule, which may from time to time be amended, supplemented or repealed, but which shall be uniform in its application throughout the Commonwealth, designate the nontraffic offenses for which a pretrial waiver of appearance, plea of guilty and fine payment may be accepted. Such offenses shall not include: 1. Indictable offenses; 2. Class 1 or Class 2 misdemeanors; 3. Offenses which involve moral turpitude; 4. Any offenses involving injury to persons; 5. Any offense punishable by incarceration or by a fine of more than $500. B. An appearance may be made in person or in writing by mail to a clerk of court or in person before a magistrate, prior to any date fixed for trial in court. Any person so appearing may enter a waiver of trial and plea of guilty and pay the fine established for the offense charged, with costs. He shall, prior to the plea, waiver and payment, be informed of his right to stand trial and that his signature to a plea of guilty will have the same force and effect as a judgment of court. C. The Supreme Court D. Local ordinances fulfilling the criteria set out in subsection A of this section may be prepayable in a like manner if such ordinances appear in a schedule entered by order of the local circuit courts. The judges of each circuit may establish a schedule of the fines, within the limits prescribed by local ordinances to be imposed for prepayment of local ordinances designating each offense specifically. Upon the entry of such order it shall be forwarded within ten days to the Supreme Court of Virginia by the clerk of the local circuit court. The schedule, which may from time to time be amended, supplemented or repealed, shall be uniform in its application throughout the circuit. Such schedule shall not be construed or interpreted so as to limit the discretion of any trial judge trying individual cases at the time fixed for trial. This schedule shall be prominently posted in the place where the fines are paid. Fines and costs shall be paid in accordance with the provisions of this Code or any rules or regulations promulgated thereunder. §16.1-69.45. Salaries of clerks and personnel. The §16.1-69.51. Books, supplies, etc.; how furnished; Committee to determine form of records. The Commonwealth shall provide dockets and other books,
stationery and supplies necessary for the efficient operation of all district
courts. Notwithstanding any other provision of law, the §16.1-69.54. General provisions. Each district court shall retain and store its court records
as provided in this article. The Whenever a court record has been reproduced for the purpose of record retention under this article, such original may be disposed of upon completion of the Commonwealth's audit of the court records unless approval is given by the Auditor of Public Accounts for earlier disposition. In the event of such reproduction, the reproduction of the court record shall be retained in accordance with the retention periods specified in this section. The reproduction shall have the same force and effect as the original court record and shall be given the same faith and credit to which the original itself would have been entitled in any judicial or administrative proceeding. §16.1-69.58. Processing, retention and reproduction of court records; retention and destruction of records in which final disposition was entered before January 1, 1985. The The provisions for retention and destruction of records contained in §§16.1-117, 16.1-118 and 16.1-118.1 shall apply to court records in district court cases in which a final disposition was entered before January 1, 1985. §16.1-89. Subpoena duces tecum; attorney-issued subpoena duces tecum. A judge or clerk of a district court may issue a subpoena duces tecum pursuant to the terms of Rule 4:9 of the Rules of the Supreme Court of Virginia except that such subpoena may be directed to a party to the case as well as to a person who is not a party. Subpoenas duces tecum for medical records issued by an attorney shall be subject to the provisions of §§8.01-413 and 32.1-127.1:03 except that no separate fee for issuance shall be imposed. A subpoena duces tecum may also be issued by an
attorney-at-law who is an active member of the Virginia State Bar at the time
of issuance, as an officer of the court. Any such subpoena duces tecum shall be
on a form approved by the If the time for compliance with a subpoena duces tecum issued by an attorney is less than 14 days after service of the subpoena, the person to whom it is directed may serve upon the party issuing the subpoena a written objection setting forth any grounds upon which such production, inspection or testing should not be had. If objection is made, the party on whose behalf the subpoena was issued and served shall not be entitled to the requested production, inspection or testing, except pursuant to an order of the court, but may, upon notice to the person to whom the subpoena was directed, move for an order to compel production, inspection or testing. Upon such timely motion, the court may quash, modify or sustain the subpoena. §16.1-122.3. Actions; how commenced; notice; continuances; pleadings. A. Actions in the small claims court shall be commenced by the filing of a small claims civil warrant by a plaintiff. B. At the time of filing a small claims civil warrant, the
plaintiff shall pay to the clerk a required fee, which will be taxed as costs
in the case. The plaintiff may be afforded the opportunity to receive
preprinted information promulgated by the C. Upon the filing of the small claims civil warrant in small claims court, the court shall cause notice of process to be served upon the defendant. Notice of process shall consist of a copy of the warrant and shall be served by the method used in general district court. If applicable, the defendant shall be served with a copy of the preprinted information identified in subsection B of this section attached to the copy of the civil warrant. D. All forms required by this article shall be prescribed by the Supreme Court of Virginia. E. The trial shall be conducted on the first return date. However, by consent of all parties or upon order of the court, the time for trial may be changed from the time set for the first return. A continuance shall be granted to either the plaintiff or defendant only upon good cause shown. F. There shall be no pleadings in small claims court actions other than the warrant and answer, grounds of defense and counterclaims not to exceed $5,000. §16.1-265. Subpoena; attorney-issued subpoena. Upon application of a party and pursuant to the rules of the Supreme Court of Virginia for the issuance of subpoenas, the clerk of the court shall issue, and the court on its own motion may issue, subpoenas requiring attendance and testimony of witnesses and production of records, documents or other tangible objects at any hearing. Subpoenas duces tecum for medical records shall be subject to
the provisions of §§8.01-413 and 32.1-127.1:03 except that no separate fee shall
be imposed. A subpoena may also be issued in a civil proceeding by an
attorney-at-law who is an active member of the Virginia State Bar at the time
of issuance, as an officer of the court. Any such subpoena shall be on a form
approved by the If the time for compliance with a subpoena issued by an attorney is less than 14 days after service of the subpoena, the person to whom it is directed may serve upon the party issuing the subpoena a written objection setting forth any grounds therefor. If objection is made, the party on whose behalf the subpoena was issued and served shall not be entitled to compliance, except pursuant to an order of the court, but may, upon notice to the person to whom the subpoena was directed, move for an order to compel compliance. Upon such timely motion, the court may quash, modify or sustain the subpoena. §16.1-266.1. Standards for attorneys appointed as guardians ad litem; list of qualified attorneys. A. B. The §17.1-315. Duties of Executive Secretary. The Executive Secretary to the Supreme Court shall have the following duties:
§17.1-507. Number of judges; residence requirement; compensation; powers; etc.
The number of judges of the circuits shall be as follows: First - 5 Second - 10 Third - 5 Fourth - 9 Fifth - 3 Sixth - 2 Seventh - 5 Eighth - 4 Ninth - 4 Tenth - 3 Eleventh - 3 Twelfth - 5 Thirteenth - 8 Fourteenth - 5 Fifteenth - 8 Sixteenth - 5 Seventeenth - 4 Eighteenth - 3 Nineteenth - 15 Twentieth - 4 Twenty-first - 3 Twenty-second - 4 Twenty-third - 6 Twenty-fourth - 5 Twenty-fifth - 4 Twenty-sixth - 5 Twenty-seventh - 5 Twenty-eighth - 3 Twenty-ninth - 4 Thirtieth - 3 Thirty-first - 5
§17.1-706. Establishment and membership. There is hereby established the Judicial Conference of
Virginia, which shall have as its active members the Chief Justice and justices
of the Supreme Court of Virginia, the chief judge and judges of the Court of
Appeals, all other judges of the circuit courts of the Commonwealth and all
retired justices and judges of such courts. The honorary membership shall
consist of the Attorney General of Virginia, the Chairmen of the Courts of
Justice Committees of the Senate and House of Delegates or their designees who
shall be members of the Courts of Justice committees, the president and
secretary of the Virginia State Bar, the president and secretary of the
Virginia Bar Association, the president and secretary of the Virginia Trial
Lawyers Association, the president and secretary of the Virginia Association of
Defense Attorneys, the president and secretary of the Old Dominion Bar
Association, the president and secretary of the Virginia Association of
Commonwealth's Attorneys, the president and secretary of the Virginia Women
Attorneys Association, the deans of the law schools of the College of William
and Mary, University of Richmond, University of Virginia, Washington and Lee
University, George Mason University, and Regent University, and §18.2-271.2. Commission on VASAP; purpose; membership; terms; meetings; staffing; compensation and expenses; chairman's executive summary. A. There is hereby established in the legislative branch of
state government the Commission on the Virginia Alcohol Safety Action Program
(VASAP). The Commission shall administer and supervise the state system of
local alcohol and safety action programs, develop and maintain operation and
performance standards for local alcohol and safety action programs, and
allocate funding to such programs. The Commission shall have a total membership
of 15 members that shall consist of six legislative members and nine
nonlegislative citizen members. Members shall be appointed as follows: four
current or former members of the House Committee for Courts of Justice, to be
appointed by the Speaker of the House of Delegates; two members of the Senate Committee
for Courts of Justice, to be appointed by the Senate Committee on Rules; three
sitting or retired judges, one each from the circuit, general district and
juvenile and domestic relations district courts, who regularly hear or heard
cases involving driving under the influence and are familiar with their local
alcohol safety action programs, to be appointed by the B. The Commission shall meet at least four times each year at such places as it may from time to time designate. A majority of the members shall constitute a quorum. The Commission shall elect a chairman and vice-chairman from among its membership. The Commission shall be empowered to establish and ensure the maintenance of minimum standards and criteria for program operations and performance, accounting, auditing, public information and administrative procedures for the various local alcohol safety action programs and shall be responsible for overseeing the administration of the statewide VASAP system. Such programs shall be certified by the Commission in accordance with procedures set forth in the Commission on VASAP Certification Manual. The Commission shall also oversee program plans, operations and performance and a system for allocating funds to cover deficits that may occur in the budgets of local programs. C. The Commission shall appoint and employ and, at its pleasure, remove an executive director and such other persons as it may deem necessary, and determine their duties and fix their salaries or compensation. D. The Commission shall appoint a Virginia Alcohol Safety Action Program Advisory Board to make recommendations to the Commission regarding its duties and administrative functions. The membership of such Board shall be appointed in the discretion of the Commission and include personnel from (i) local safety action programs, (ii) the State Board of Behavioral Health and Developmental Services, community services boards, or behavioral health authorities and (iii) other community mental health services organizations. An assistant attorney general who provides counsel in matters relating to driving under the influence shall also be appointed to the Board. E. Legislative members of the Commission shall receive compensation as provided in §30-19.12. Funding for the costs of compensation of legislative members shall be provided by the Commission. All members shall be reimbursed for all reasonable and necessary expenses as provided in §§ 2.2-2813 and 2.2-2825 to be paid out of that portion of moneys paid in VASAP defendant entry fees which is forwarded to the Virginia Alcohol Safety Action Program. F. The chairman of the Commission shall submit to the Governor and the General Assembly an annual executive summary of the interim activity and work of the Commission no later than the first day of each regular session of the General Assembly. The executive summary shall be submitted as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports and shall be posted on the General Assembly's website. §19.2-34. Number of magistrates. There shall be appointed as many magistrates as are necessary for
the effective administration of justice. The positions of all employees of the
magistrate system shall be authorized by the §19.2-37. Magistrates; eligibility for appointment; restrictions on activities. 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 (§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'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'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 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 §20-25 may not accept a fee, a gratuity, or any other thing of value for exercise of authority as a marriage celebrant. §19.2-38. Probationary period; compensation and benefits; vacancies; revocation of appointment. Persons appointed as magistrates under the provisions of this
chapter shall serve at the pleasure of the Executive Secretary. Upon
appointment by the Executive Secretary, every magistrate shall serve initially
for a nine-month probationary period during which the magistrate must complete §19.2-38.1. Training standards; training prerequisite to reappointment; waiver. The §19.2-39. Bond. Every magistrate appointed under the provisions of this
chapter shall enter into bond in the sum of $5,000, made payable to the
Commonwealth, before a clerk of a circuit court, for the faithful performance
of his duties. The premium for such bond shall be paid by the Commonwealth.
Provided, however, that in lieu of specific bonds, the §19.2-46.1. Salaries to be fixed by the Executive Secretary; limitations; mileage allowance. Salaries of magistrates and any other personnel in the office of the magistrate shall be fixed by the Executive Secretary of the Supreme Court. Such salaries shall be fixed by the Executive Secretary at least annually at such time as he deems proper and as soon as practicable thereafter certified to the Comptroller. In determining the salary of any magistrate, the Executive Secretary shall consider the work load of and territory and population served by the magistrate and such other factors he deems relevant. The governing body of any county or city may add to the fixed
compensation of magistrates such amount as the governing body may appropriate
with the total amount not to exceed 50 percent of the amount paid by the
Commonwealth to magistrates provided such additional compensation was in effect
on June 30, 2008, for such magistrates and any magistrate receiving such
additional compensation continues in office without a break in service.
However, the total amount of additional compensation may not be increased after
June 30, 2008. No additional amount paid by a local governing body shall be
chargeable to the Executive Secretary of the Supreme Court, nor shall it remove
or supersede any authority, control or supervision of the Executive Secretary §19.2-46.2. Full-time magistrates; certification for retirement coverage. The §19.2-164. Interpreters for non-English-speaking persons. In any criminal case in which a non-English-speaking person is
the accused, an interpreter for the non-English-speaking person shall be
appointed. In any criminal case in which a non-English-speaking person is a
victim or witness, an interpreter shall be appointed by the judge of the court
in which the case is to be heard unless the court finds that the person does
not require the services of a court-appointed interpreter. An English-speaking
person fluent in the language of the country of the accused, a victim or a
witness shall be appointed by the judge of the court in which the case is to be
heard, unless such person obtains an interpreter of his own choosing who is
approved by the court as being competent. The compensation of an interpreter
appointed by the court pursuant to this section shall be fixed by the court §19.2-353.3. Acceptance of checks and credit cards in lieu of money; additional fee. Notwithstanding the provisions of §19.2-353, personal checks
and credit cards shall be accepted in lieu of money to collect and secure all
fees, fines, restitution, forfeiture, penalties and costs collected for
offenses tried in a district court, including motor vehicle violations,
committed against the Commonwealth or against any county, city or town.
Notwithstanding the provisions of §19.2-353, personal checks shall be accepted
in lieu of money to collect and secure all fees, fines, restitution,
forfeiture, penalties and costs collected for offenses tried in a circuit
court, including motor vehicle violations, committed against the Commonwealth
or against any county, city or town. The clerk of any circuit court shall not
be required to but may, in his discretion, accept credit card payment in lieu
of money to collect and secure all fees, including filing fees, fines,
restitution, forfeitures, penalties, and costs collected. The If a check is returned unpaid by the financial institution on which it is drawn or notice is received from the credit card issuer that payment will not be made, for any reason, the fees, fine, restitution, forfeiture, penalty or costs shall be treated as unpaid, and the court may pursue all available remedies to obtain payment. The clerk of the court to whom the dishonored check or credit card was tendered may impose a fee of twenty dollars or ten percent of the value of the payment, whichever is greater, in addition to the fine and costs already imposed. The clerk of court may refuse acceptance of checks or credit cards of an individual if (i) he has been convicted of a violation of Chapter 6 (§18.2-168 et seq.) of Title 18.2 in which a check, credit card, or credit card information was used to commit the offense, (ii) he has previously tendered to the court a check which was not ultimately honored or a credit card or credit card information which did not ultimately result in payment by the credit card issuer, (iii) authorization of payment is not given by the bank or credit card issuer, (iv) the validity of the check or credit card cannot be verified, or (v) the payee of the check is other than the court. §20-60.4. Abstracts of orders, etc.; clerk shall transmit information regarding any order of support which is entered or modified to Department of Social Services. The transmission of data between the courts and the Department
of Social Services shall be accomplished by electronic data transmission or by
transmission of notices, abstracts of orders and other documents. The form and
content of such transmissions shall be mutually approved by the §20-60.5. Support payment provisions; how paid. A. 1. Unless otherwise directed by the In cases transferred from the courts to the Department of Social Services on or after October 1, 1985, the payee shall be deemed as having executed an authorization to seek or enforce a support obligation with the Department's Division of Child Support Enforcement unless the payee specifically indicates that the Division's services are not desired. 2. Unless otherwise directed by the Department of Social Services, the notice of change in payment shall be served or sent by certified mail, return receipt requested, and shall contain (i) the name of the payee and, if different in whole or in part, the names of the persons to whom an obligation of support is owed by the obligor, (ii) the name of the obligor, (iii) the amount of the periodic support payment, the due dates of such payments and any arrearages, (iv) the beginning date for sending payments to the Department of Social Services, and (v) the date by which the payee and obligor shall notify the Department of Social Services of the election to (a) have the Department of Social Services collect and disburse support payments together with forms and instructions for applying for such services or (b) have support payment made by the obligor directly to the payee. A copy of the notice also shall be transmitted to the Department of Social Services. 3. Unless otherwise directed by the 4. The above provisions shall also apply to payroll deductions made pursuant to §20-79.1, except that only the payee and the employer shall receive such notice. 5. The change in payment provision required by subsection A shall be initiated by October 1, 1985, unless a different date is mutually agreed to by the Department of Social Services and the Committee on District Courts as to individual courts. B. Unless a different date is mutually agreed to by the
Department of Social Services and the C. The Department of Social Services shall promptly pay to the payee all support payments collected by it which have been ordered by a court to be paid to or through the Department. The Department shall pay interest to the payee when such interest amount exceeds five dollars on a support payment as provided in §63.2-1951. D. If the Department of Social Services enters into a contract with a public or private entity for the processing of support payments, then, except as provided in subsection E, and notwithstanding any other provision of this section: 1. The Department shall notify the affected court of the existence of such contract and how payments are contractually required to be made to such contractors; and 2. The affected court shall include in all support orders (i) how payments are required to be made to such contractors and (ii) that payments are to be made in such manner until different payment instructions are mailed to the person making payments by the court or by the Department. E. An employer of 10,000 persons or more shall not be required to make payments other than by combined single payment to the Department's central office in Richmond without the express written consent of the employer, unless the order is from a support enforcement agency outside the Commonwealth. F. Upon any obligee's application for public assistance benefits or child support services, the Department of Social Services may change the payee to the Department so that payment is sent to the Department at its address as contained in the notice of change as described in this subsection. Upon the obligee's request that support services no longer be provided, the Department may change the payee to the obligee so that payment is sent to the obligee at the address provided by the obligee as contained in the notice of change as described in this subsection. Notice of such change shall be served on the obligor by certified mail, return receipt requested, or in accordance with Chapter 8 (§8.01-285 et seq.) or Chapter 9 (§8.01-328 et seq.) of Title 8.01. The change described in the notice shall be effective as to all payments paid on or after the date that notice was served regardless of when such payments were due. Return of service shall be made to the Department of Social Services at the location described in the notice. Upon obtaining service of the notice on the obligor, the Department of Social Services shall transmit a copy of such notice together with a copy of the proof of service to the court having jurisdiction for enforcement of the order and to the custodial parent. §20-79.1. Enforcement of support orders; income deduction; penalty for wrongful discharge. A. As part of any order directing a person to pay child support, except for initial orders entered pursuant to §20-79.2 or spousal support pursuant to this chapter or §§16.1-278.15 through 16.1-278.18, 20-103, 20-107.2 or §20-109.1, or by separate order at any time thereafter, a court of competent jurisdiction may order a person's employer to deduct from the amounts due or payable to such person, the entitlement to which is based upon income as defined in §63.2-1900, the amount of current support due and an amount to be applied to arrearages, if any. The terms "employer" and "income" shall have the meanings prescribed in §63.2-1900. The court shall order such income deductions (i) if so provided in a stipulation or contract signed by the party ordered to pay such support and filed with the pleadings or depositions, (ii) upon receipt of a notice of arrearages in a case in which an order has been entered pursuant to §20-60.3, or (iii) upon a finding that the respondent is in arrears for an amount equal to one month's support obligation. The court may, in its discretion, order such payroll deduction (i) based upon the obligor's past financial responsibility, history of prior payments pursuant to any such support order, and any other matter which the court considers relevant in determining the likelihood of payment in accordance with the support order, or (ii) at the request of the obligor. B. Any income deduction order shall be entered upon motion and concurrent proper notice sent by the clerk or counsel. The notice shall cite this section. If the notice is sent by the clerk, it shall be served in accordance with the provisions of §8.01-296 or §8.01-329, or sent by certified mail or by electronic means, including facsimile transmission, to the employer. An employer paying wages subject to deduction shall deliver the notice to the person ordered to pay such support. The notice shall advise the obligor (i) of the amount proposed to be withheld, (ii) that the order of the court will apply to current and future income, (iii) of the right to contest the order, (iv) that the obligor must file a written notice of contest of such deduction with the court within ten days of the date of issuance of the notice, (v) that if the notice is contested, a hearing will be held and a decision rendered within ten days from the receipt of the notice of contest by the court, unless good cause is shown for additional time, which shall in no event exceed forty-five days from receipt of the notice by the obligor, (vi) that only disputes as to mistakes of fact as defined in §63.2-1900 will be heard, (vii) that any order for income deduction entered will state when the deductions will start and the information that will be provided to the person's employer, and (viii) that payment of overdue support upon receipt of the notice shall not be a bar to the implementation of withholding. Whenever the obligor and the obligee agree to income deductions in a contract or stipulation, the obligor shall be deemed to have waived notice as required in this subsection and the deduction shall be ordered only upon the stipulation or contract being approved by the court. C. The income deduction order of the court shall by its terms direct the clerk to issue an order in accordance with §20-79.3 to any employer and, if required, to each future employer, as necessary to implement the order. The order shall cite this section as authority for the entry of the order. D. The rights and responsibilities of employers with respect to income deduction orders are set out in §20-79.3. E. The order to the employer pursuant to this section shall be effective when a certified copy thereof has been served upon or sent to the employer by electronic means, including facsimile transmission. A copy shall be provided to the employee by the employer. If the employer is a corporation, such service shall be accomplished as is provided in §8.01-513. F. Any order issued pursuant to this section shall be promptly terminated or modified, as appropriate, after notice and an opportunity for a hearing for the parties when (i) the whereabouts of the children entitled to support and their custodian become unknown, or (ii) the support obligation to an obligee ceases. Any such order shall be promptly modified, as appropriate, when arrearages have been paid in full. G. The Department of Social Services may charge an obligee an appropriate fee when complying with an order entered under this section sufficient to cover the Department's cost. H. If a court of competent jurisdiction in any state or territory of the United States or the District of Columbia has ordered a person to pay child support, a court of competent jurisdiction in this Commonwealth, upon motion, notice and opportunity for a hearing as provided in this section, shall enter an income deduction order, conforming with §20-79.3 as provided in this section. The rights and responsibilities of the employer with respect to the order are set out in §20-79.3. Similar orders of the courts of this Commonwealth may be enforced in a similar manner in such other state, territory or district. I. The court or clerk shall attempt to ascertain the obligor's
pay period interval prior to service of the clerk's order. If, after the order
is served, the employer replies to the court that the pay period interval in
the income deduction order differs from the obligor's pay period interval, the
clerk shall convert the single monetary amount in the income deduction order to
an equivalent single monetary amount for the obligor's pay period interval
pursuant to a formula approved by the J. If the Department of Social Services or the Department's designee receives payments deducted from income of the obligor pursuant to more than one judicial order or a combination of judicial and administrative orders, the Department or the Department's designee shall first allocate such payments among the obligees under such orders with priority given to payment of the order for current support. Where payments are received pursuant to two or more orders for current support, the Department or the Department's designee shall prorate the payments received on the basis of the amounts due under each such order. Upon satisfaction of any amounts due for current support the Department or the Department's designee shall prorate the remainder of the payments received on the basis of amounts due under any orders for accrued arrearages. §20-124.4. Mediation. In any appropriate case the court shall refer the parents or
persons with a legitimate interest to a dispute resolution evaluation session
to be conducted by a mediator certified pursuant to guidelines promulgated by
the §37.2-802. Interpreters in admission or certification proceedings. A. In any proceeding pursuant to §37.2-806 or §§37.2-809 through 37.2-820 in which a person who is deaf is alleged to have mental retardation or mental illness, an interpreter for the person shall be appointed by the district court judge or special justice before whom the proceeding is pending from a list of qualified interpreters provided by the Department for the Deaf and Hard-of-Hearing. The interpreter shall be compensated as provided for in §37.2-804. B. In any proceeding pursuant to §37.2-806 or §§37.2-809
through 37.2-820 in which a non-English-speaking person is alleged to have
mental retardation or mental illness or is a witness in such proceeding, an
interpreter for the person shall be appointed by the district court judge or special
justice, or in the case of §§37.2-809 through 37.2-813 a magistrate, before
whom the proceeding is pending. Failure to appoint an interpreter when an
interpreter is not reasonably available or when the person's level of English
fluency cannot be determined shall not be a basis to dismiss the petition or
void the order entered at the proceeding. The compensation for the interpreter
shall be fixed by the court in accordance with the guidelines set by the §46.2-388. Uniform summons to be used for reportable motor vehicle law violations; citations. A. The Attorney General, after consultation with the The form of the summons shall include multiple copies with the original to be used for court records and other copies in sufficient number to permit the use of one copy by the courts for purposes of filing abstracts of records with the Department as required by §46.2-383 and shall be a form prepared by the Department within the meaning of §46.2-386. The form of the summons shall also include appropriate space for use in cases of violation of either state laws or local ordinances. B. A separate citation which has been approved in the manner prescribed in subsection A shall be used for violations of §§46.2-1122 through 46.2-1127 and 46.2-1130. The citation shall be directed to the owner, operator or other person responsible for the overweight violation, and shall advise him of: 1. The nature of the violation charged against him; 2. The amount of monetary fees, penalties, and damages that may be assessed for violations; 3. The requirement that he either pay the fees, penalties, and damages in full or deliver a notice of his intent to contest the charge to the Department; 4. The procedures and time limits for making the payments or contesting such charge, which shall include the trial date, which shall in no event be earlier than 60 days after the violation; and 5. The consequences of a failure to timely pay or contest the charge. §63.2-1924. Withholding from income; default of administrative or judicial support order; notices required; priorities; orders from other states. A. As part of every administrative support order directing a noncustodial parent to pay child or child and spousal support or by separate order at any time thereafter, provision shall be made for withholding from the income of the noncustodial parent the amount of the withholding order plus an amount to be applied toward liquidation of arrearages if the noncustodial parent fails to make payments in an amount equal to the support payable for one month. The total amount withheld shall not exceed the maximum amount permitted under §34-29. B. Upon default of an administrative or judicial support order, the Department shall serve notice on the noncustodial parent of the delinquency in accordance with the provisions of §§8.01-296, 8.01-327 or § 8.01-329 or by certified mail or electronic means, including facsimile transmission, for delivery to the noncustodial parent. The obligee shall also be sent a copy of such notice. The notice shall inform the noncustodial parent (i) of the amount that will be withheld, (ii) that the withholding applies to any current or subsequent period of employment, (iii) of the right to contest but that the only basis for contesting the withholding is a mistake of fact, (iv) that a written request to contest the withholding must be made to the Department within 10 days of receipt of the notice, (v) of the actions that will be taken by the Department if a request to contest is noted, which shall include the opportunity to present his objections, which shall be limited to a mistake of fact, to the administrative hearing officer at a hearing held pursuant to §63.2-1942, (vi) that a determination on the contest will be made no later than 45 days from the date of service of such notice, and (vii) that payment of overdue support upon receipt of the required notice shall not be a bar to the implementation of withholding. Upon service of the notice on the employer for delivery to the obligor, a copy shall be sent by first-class mail to the obligee. C. The noncustodial parent's employer shall be issued by first-class or certified mail or by electronic means, including facsimile transmission, an administrative order for withholding of income that shall conform to §20-79.3. The rights and responsibilities of an employer with respect to such orders are set out in §20-79.3. D. The Department shall have the authority in the issuance of
an administrative order under §20-79.3, based on an existing court order, to
convert the terms of payment to conform with the obligor's pay period interval.
The Department shall utilize the conversion formula established by the E. If the Department or its designee receives payments deducted from income of an obligor pursuant to more than one administrative order or a combination of judicial and administrative orders, the Department shall ensure that such payments are allocated among the obligees under such orders with priority given to payment of the order for current support. Where the Department or its designee receives payments pursuant to two or more orders for current support, the payments received shall be prorated on the basis of the amounts due under each such order. Upon satisfaction of any amounts due for current support, the remainder of the payments received shall be prorated on the basis of amounts due under each such order. Upon satisfaction of any amounts due for current support, the remainder of the payments received shall be prorated on the basis of amounts due under any orders for accrued arrearages. F. Administrative orders for withholding from income shall be promptly terminated or modified by the Department when (i) the obligation to support has been satisfied and arrearages have been paid, (ii) the whereabouts of the child or child and custodial parent become unknown, or (iii) modification is appropriate because of a change in the amount of the obligation. G. If a court of competent jurisdiction or the agency operating pursuant to an approved state plan under Sections 452 and 454 of the Social Security Act, as amended, in any state, territory of the United States or the District of Columbia has ordered a person to pay child or child and spousal support, upon notice and hearing as provided in this section, the Department shall issue an order, conforming to §20-79.3, to the noncustodial parent's employer in this Commonwealth to withhold from the income of the noncustodial parent pursuant to a foreign support order in the same manner as provided in this section for administrative orders originating in this Commonwealth. Similar orders of the Department may be enforced in a similar manner in such other state, territory or district. 2. That §§16.1-69.9:3, 16.1-69.31, and 16.1-69.33 and Article 1 (§§17.1-700 through 17.1-705.1) of Chapter 7 of Title 17.1 of the Code of Virginia are repealed. # |