CHAPTER 72

An Act to amend and reenact §§ 13.01, 18.02 and 18.05, as amended, of
Chapter 9, Acts of Assembly of 1952, Extra Session, approved De-
cember 16, 1952, which provided a charter for the city of Hampton,
and to amend the said chapter by adding a section numbered 2.08,
the amended and new section relating to establishment, duties, powers,
and jurisdiction of municipal courts; judges, substitute judges and
clerks of municipal courts; and the construction and operation of
sports and recreational facilities.

[H 275]
Approved February 27, 1968

Be it enacted by the General Assembly of Virginia:
1. That §§ 13.01, 18.02 and 13.05, as amended, of Chapter 9, Acts of
Assembly of 1952, Extra Session, approved December 16, 1952, be amended
and reenacted, and that the said chapter be amended by adding a section
numbered 2.08, as follows:

§ 13.01. * Establishment; duties, powers and jurisdiction generally.

For purposes of this section, the courts not of record of the city of
Hampton shall include the Municipal Court and the Juvenile and Domestic
Relations Court of the city of Hampton, as hereinafter set forth:

There shall be a single Municival Court of the city of Hampton, Vir-
ginia, having civil and criminal jurisdiction and having such divisions
and being designated as shall be prescribed by the senior judge of the
courts not of record of the city of Hampton, Virginia, in point of con-
tinuous service, or if none are incumbent, then he who is senior in active
law practice in the Commonwealth of Virginia. The senior judge of the
courts not of record of the city of Hampton, Virginia, shall have author-
tty to assign the work of the courts not of record as between judges, but
no order of court shall be necessary to establish the authority of any judge
to act. The senior judge of the courts not of record of the city of Hamp-
ton, Virginia, exclusively shall exercise all powers of appointment con-
ferred upon judges of municipal courts, except appointments incidental
to the trial, hearing or disposition of any particular or specific cause or
action to be determined or acted upon, which powers shall be exercised
by the judges of the municipal court, and except appointments authorized
by law to be exercised by the judge of the juvenile and domestic relations
court which said appointments shall be exercised exclusively by the judge
of the juvenile and domestic relations court. The jurisdiction, power,
authority and duties of the judges of the municipal court shall be the
same as are now, or may hereafter be, conferred and imposed upon judges
of municipal courts by general law.

There shall be a Juvenile and Domestic Relations Court of the city of
Hampton, Virginia. The jurisdiction, power, authority and duties of the
judge of the Juvenile and Domestic Relations Court shall be the same as are
now, or may hereafter be, conferred and imposed upon judges of juvenile
and domestic relations courts by general law. In addition, the judge of the
Juvenile and Domestic Relations Court shall have the power, authority and
duty to exercise such civil, traffic and criminal jurisdiction as may be
assigned to him by the senior judge of the courts not of record of the
city of Hampton, Virginia.

§ 13.02. * Judges and substitute judges generally.

There shall be such judges of the Municipal Court of the city of
Hampton. Virginia, as the Council of the city of Hampton, Virginia, shall
appoint. There shall be a judge of the Juvenile and Domestic Relations
Court who shall be appointed by the Council of the city of Hampton,
Virginia. Judges of the Municipal Court of the city of Hampton, Virginia,
and the judge of the Juvenile and Domestic Relations Court shall be ap-
pointed for terms of four years, except that the council may appoint a
judge for a lesser term in order that the terms of all judges of the courts
not of record of the city of Hampton, Virginia, be concurrent. There shall
be two or more substitute judges appointed by the council for terms con-
current with the judges of the municipal court and the judge of the juve-
nile and domestic relations court. Any of said substitute judges, or any
judge of the municipal court, or any judge of the juvenile and domestic
relations court, may act in place of any of the judges of the municipal
court and in place of the judge of the juvenile and domestic relations
court. Except as may be otherwise provided in this charter, the juris-
diction, power, authority and duties of the judges of the municipal court
and the juvenile and domestic relations court shall be the same as are now,
or may hereafter be, conferred and imposed upon judges of the courts
not of record and juvenile and domestic relations courts in cities by gen-
eral law. Rules of procedure, removals and appeals shall likewise conform
to general law. A substitute judge, or a judge of the municipal court, or
a judge of the juvenile and domestic relations court, serving in place of
any other judge, shall be vested with the same jurisdiction, power and
authority as the judge for whom he is serving, and shall be responsible
for the same duties as the judge for whom he is serving. The judges and
substitute judges in office when this amendment to the city charter takes
effect shall continue in office until July 1, 1970.
§ 13.05. * Clerks.

There shall be a clerk of each division of the Municipal Court of the
city of Hampton, Virginia, and for the Juvenile and Domestic Relations
Court of the city of Hampton, Virninia, who shall be appointed by the
judge assigned to do the work of that division or court; provided, how-
ever, that in the event the judges of the courts not of record of the city
of Hampton. Virginia, shall agree, there may be a single clerk for all
divisions of the municipal court, or for all the courts not of record, who
shall be known as Clerk of the Municipal Court of the city of Hampton,
Virginia, or as clerk of the courts not of record of the city of Hampton,
Virginia, as the case may be, and shall be appointed by agreement of the
judges of the municipal court or the judges of the courts not of record,
as the case may be.

There shall be such deputy clerks as the judges may from time to time
appoint. All clerks and deputy clerks shall serve at the pleasure of the
judge or judges appointing them, and shall give such bond as the judges
of the respective courts shall designate, which in no event shall be less
than required by general law.

§ 2.08. Construction and operation of sports and recreational facilities.

The city shall have the power to acquire land for, construct and
operate auditoriums, coliseums, convention centers, arenas, stadiums,
parks, zoos and museums and other sports and recreational facilities as
the Council shall deem appropriate. The city council shall have the power
to provide by ordinance for the establishment of a department within the
city government to manage and operate such facilities, which said depart-
ment may have a department head but shall be under the supervision of
the city manager. The council shall have the power to provide by ordt-
mance for the control and regulation of such facilities and to delegate to
such department or department head as may be established the powers
and duties of maintaining, leasing, operating and managing such facilities.
2. An emergency exists and this act is in force from its passage.