Bill Text: VA SB928 | 2017 | Regular Session | Chaptered
Bill Title: Substitute judges.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2017-03-20 - Governor: Acts of Assembly Chapter text (CHAP0650) [SB928 Detail]
Download: Virginia-2017-SB928-Chaptered.html
Be it enacted by the General Assembly of Virginia:
1. That §16.1-69.21 of the Code of Virginia is amended and reenacted as follows:
§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 When reasonably
necessary, the chief district judge may designate a substitute judge from
another district within the Commonwealth. The committee on district courts may
adopt policies and procedures governing the utilization of substitute judges.
In such event, those policies and procedures will, where applicable, control.
While acting as judge, a substitute judge shall perform the same duties,
exercise the same power and authority, and be subject to the same obligations
as prescribed herein for the judge. While serving as judge of the court,
the judge or the substitute judge may perform all acts with respect to the
proceedings, judgments and acts of any other judge in connection with any
action or proceeding then pending or theretofore disposed of in the court
except as otherwise provided in this chapter in the same manner and with the
same force and effect as if they were his own.
