Chap. 128.—An ACT to aimend the Code of Virginia by adding thereto a new section
to be numbered section 5889-a, to provide that when a vacancy occurs in the
office of judge of any judicial circuit during such time as there are more than
twenty-five judicial circuits in the State, the Governor shall defer the filling of
such vacancy unless and until the necessity therefor be certified to him by the
Supreme Court of Appeals of Virginia, and to provide that said court shall
secure such information concerning the business in such judicial circuit as to
enable it to determine whether or not it is necessary that such vacancy be filled,
and make certain reports relating thereto to the Governor and to the General
Assembly. (H B 224]

Approved March 5, 1940

1. Be it enacted by the General Assembly of Virginia, That the
Code of Virginia be amended by adding thereto a new section to be
numbered section fifty-eight hundred and eighty-nine-a, and to read
as follows: .

Section 5889-a. When a vacancy occurs in the office of judge of
any judicial circuit during such time as there are more than twenty-
five judicial circuits in the State, the Governor shall defer the filling
of such vacancy unless and until the necessity therefor be certified to
him by the Supreme Court of Appeals of Virginia, as hereinafter
provided.

Upon any such vacancy occurring, the said court shall promptly
secure, by such means as the court may deem proper, sufficient in-
formation concerning the volume of business in that circuit and in
the other judicial circuits adjacent or near thereto, to enable the
court to determine whether or not the business of that circuit can
be so distributed as to render the filling of such vacancy unnecessary.

The said court shall communicate its findings with respect thereto,
to the Governor, to the General Assembly, if it is in session, or if not
in session then at its next succeeding session, and if it shall appear
therefrom that the court deems the same necessary, the Governor
shall, if the General Assembly is not in session, fill such vacancy in
the manner prescribed by law.