10101397D
SENATE BILL NO. 190
Offered January 13, 2010
Prefiled January 12, 2010
A BILL to amend and reenact §§16.1-69.9:3 and 17.1-511 of the
Code of Virginia, relating to publication of notice of judicial retirement.
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Patron-- Northam
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Referred to Committee for Courts of Justice
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Be it enacted by the General Assembly of Virginia:
1. That §§16.1-69.9:3 and 17.1-511 of the Code of
Virginia are amended and reenacted as follows:
§16.1-69.9:3. Investigation and certification of necessity
before vacancies filled.
When a vacancy occurs in the office of any judge of any
district, the vacancy shall not be filled until, after investigation, the
Committee on District Courts certifies that the filling of the vacancy is
necessary. The Committee shall publish notice of such
certification each
vacancy in a publication of general circulation among
attorneys licensed to practice in the Commonwealth upon
receipt of a judge's notice of intention to retire. No
notice of retirement submitted under §51.1-305 or §51.1-307 shall be revoked
after certification of the vacancy by the Committee. If the Committee certifies
that the filling of the vacancy is not necessary, it shall direct the manner of
distributing the work created by the vacancy, and the vacancy shall not be
filled if not certified as necessary.
§17.1-511. Investigation and certification of necessity
before vacancies filled.
When a vacancy occurs in the office of judge of any court of
record, the vacancy shall not be filled until, after investigation, the Supreme
Court certifies that the filling of the vacancy is or is not necessary. If the Court certifies
that the filling of the vacancy is necessary, the The
Court shall publish notice of such certification each vacancy in a publication of general circulation among attorneys
licensed to practice in the Commonwealth upon receipt of a
judge's notice of intention to retire. No notice of
retirement submitted under §51.1-305 or §51.1-307 shall be revoked after
certification of the vacancy by the Court. If the Court certifies that the
filling of the vacancy is not necessary, it shall recommend to the General
Assembly the manner of distributing the work of the judge; and the Governor
shall not fill the vacancy.
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