CHAPTER 563

An Act to amend and reenact §§ 16.1-9 and 16.1-20 of the Code of Virginia,
relating to appointment of certain persons as judges, associate judges
or substitute judges of courts not of record.

[H 279]

Approved April 4, 1968

Be it enacted by the General Assembly of Virginia:

1. That §§ 16.1-9 and 16.1-20 of the Code of Virginia be amended and
reenacted as follows:

§ 16.1-9. Appointment as judge of a person other than a practicing
attorney. Whenever the judge or judges charged with the duty of
appointing a judge, associate judge or substitute judge of a court not of
record shall find that a duly qualified licensed attorney is not available
for appointment, or that the best interests of the county will be promoted
by appointing a person not licensed as an attorney or an attorney or
judge of a court not of record from an adjoining county or city, then
there may be appointed to such office a person not licensed to practice
law who is otherwise qualified to serve, or a duly qualified licensed
attorney or judge of a court not of record from an adjoining county or
city. Any attorney or judge of a court not of record appointed from an
are ied county or city shall be exempt from the residence requirements
7) 1-12.

Nothing in this section shall be construed to prevent the appointment
for one or more additional terms of any judge or associate or substitute
judge who is not a person licensed to practice law but who is in office
at the time such appointment is to be made.

Instead of appointing a person not licensed to practice law the judge
or judges may recommend to the governing body of the county that the
court or courts for which an appointment is to be made be operated
jointly with the courts of another political subdivision under a single
judge as provided in Chapter 4 (§ 16.1-64 et seq.) of this title.

§ 16.1-20. Substitute judge or judges appointed.—For each court not
of record there shall be a substitute judge, and, in the discretion of the
appointing authority there may be one or more additional substitute judges
to serve in the event of the absence or inability to serve of the substitute
judge, which substitute judge or judges shall be appointed in the same
manner as the judge of the court; except that if the judge of the court
is elected by popular vote, such substitute judge shall be appointed by a
judge of a court of record to which appeals from such court lie. The same
person may be appointed and serve as the substitute judge of two or more
courts not of record. And the judge of a court not of record may be
appointed as the substitute judge in an adjoining county or city, and shall
be exempt from the residence requirements of § 16.1-12.