CHAPTER 527

An Act to amend and reenact §§ 16-172.4, 16-172.6 and 16-172.9, as
amended, and §§ 16-172.18, 16-172.15, 16-172.16 and 16-172.84 of the
Code of Virginia, relating to juvenile and domestic relations courts
and judges.

[H 604]

Approved April 5, 1954
Be it enacted by the General Assembly of Virginia:

1. That §§ 16-172.4, 16-172.6 and 16-172.9, as amended, and §§ 16-172.13,
a Any and 16-172.16 of the Code of Virginia be amended and reenacted
as follows:

§ 16-172.4. In every county and in every city of the State there shall
be a juvenile and domestic relations court. In all counties having a density
of population of less than five thousand inhabitants per square mile the
judge of said court shall be appointed for a term of four years by the
judge of the circuit court of the judicial circuit within which such county
is situated. If otherwise qualified he may be the same person as the trial
justice of such county. In the cities the judge of such court shall be
appointed by the judge of the hustings or corporation court, and in all
other counties by the judge of the circuit court of the judicial circuit within
which such county is situated, for a term of six years; or if there be two
or more courts of record in such city then by a majority vote of all the
judges of the courts of record therein; provided, however, that when the
qualification and appointment of any such judge is provided for by charter
prior to January one, nineteen hundred fifty-two, of any city, such judge
may take office under the provisions of such charter, in the discretion of
the governing body of such city. In the case of a tie vote then the appoint-
ment shall be made by the Governor. If there be no hustings or corpora-
tion court in the city, then the appointment shall be made by the judge of
the cirenit, court. for the citv. Each such court and the judge thereof shall
have and exercise within the territorial jurisdiction thereof, the powers
and duties hereinafter conferred upon them.

_ In cities of less than fifty thousand population the police justice, civil
justice or civil and police justice of such city if otherwise qualified, shall
be efgible for appointment as judge of the juvenile and domestic relations
court.

§ 16-172.6. In cities having a population of one hundred ninety
thousand or more and in counties having a density of population in excess
of five thousand inhabitants per square mile as determined by the last
preceding United States census there may be an associate judge of the
juvenile court to assist the judge thereof in the exercise of powers and
jurisdiction conferred on such court and in performing the duties thereof.
All the provisions of the law concerning the qualifications, appointment
and removal of the judge of the court, his term of office and filling a
vacancy therein, shall apply in all respects to the associate judge. The
salary of the associate judge shall be fixed and paid in the same manner
as the salary of the judge is fixed and paid and the city or county shall be
entitled to the same reimbursement from the State on account of the salary
paid the associate judge. Appeals from the judgments of the associate
judge shall lie to the same courts and under the same circumstances and
conditions as provided by law for appeals from the juvenile court. Neither
the judge nor an associate judge of the juvenile court in any city having a
population of more than one hundred twenty-five thousand and in counties
having a density of population in excess of five thousand inhabitants per
square mile as determined by the last preceding United States census
shall engage in the private practice of the law.

§ 16-172.9. The judge or judges of each city or county who have
authority to appoint the several juvenile judges shall by proper order of
record appoint, upon the recommendation of the judge of the juvenile and
domestic relations court, as a substitute judge for each judge and associate
judge of such court, a discreet and competent person or persons and may
at any time revoke the appointment and make a new appointment in like
manner in the event of revocation or of the resignation, death, absence or
disability of a substitute judge. In the event the police justice, civil justice,
civil and police justice, * or trial justice is appointed juvenile and domestic
relations court judge, then the substitute police justice, civil justice, civil
and police justice, * or trial justice shall be substitute judge of the juvenile
and domestic relations court. In the event of the absence or disability of
the judge or associate judge of the juvenile and domestic relations court
to perform the duties of his office or the impropriety of his acting, the
substitute judge or judges shall perform the duties and possess the powers
of the judge or judges during such periods and in the event of the resigna-
tion, death, removal or permanent disability of the judge or associate judge
the substitute judge or judges shall act until a successor has been appointed
and has qualified.

In the event a judge, his associates and their substitutes are dis-
qualified, the judge of a court of record of an adjoining county or city
empowered under § 16-172.4 to appoint judges may upon request of the
disqualified judge appoint a judge of his county or city to hear and dispose
of the matter for the hearing of which the judges were disqualified.

§ 16-172.13. Every judge, associate judge, substitute judge and
referee appointed to serve in any city of the State, or any county having
a density of population in excess of five thousand inhabitants per square
mile as determined by the last preceding United States census shall receive
out of the treasury of the city or county for which he is appointed such
salary as the council or other governing body of such city or county pre-
scribes, provided, however, that in any county having a dénsity of popula-
tion in excess of five thousand inhabitants per square mile such salary
shall be fixed by the Committee appointed in accordance with the provi-
sions of § 14-50 and should the salary so fixed by the Committee be less
than eight thousand dollars per annum, then such county shall supple-
ment such salary to the extent of the difference. The salary so fixed
shall be in lieu of all fees which may accrue to him by virtue of his
office provided that all such fees, when collected, shall be accounted for and
paid by him into the treasury of the city or county on or before the tenth
of each month. The Commonwealth shall reimburse each city and each
such county annually at the end of each fiscal year one half of the difference
between the salary paid to such judge, associate judge, substitute judge
and referee and the fees so accounted for during each such year by the
juvenile court.

The salaries of the judges of juvenile courts in * all other counties
shall be fixed and paid in full by the State as the salaries of trial justices
are now fixed and paid.

§ 16-172.15. Every judge or associate judge of the juvenile and
domestic relations court in cities of twenty-five thousand inhabitants or
over or any county having a density of population in excess of five thou-
sand inhabitants per square mile as determined by the last preceding
United States census shall be entitled to a vacation period of at least thirty
days annually with salary. The vacation period for all other juvenile
judges shall be at least two weeks annually with salary and not more than
thirty days to be determined by the appointing authority.

§ 16-172.16. The Commonwealth shall reimburse each city or any
county having a density of population in excess of five thousand inhabitants
per square mile as determined by the last preceding United States census
annually at the end of each fiscal year one half of the compensation paid
the judge, clerk, bailiff and other employees during each such year, pro-
vided that such reimbursement shall not be effective as to such counties
until July one, nineteen hundred fifty-six. Such reimbursement shall be
paid by the State Treasurer out of funds appropriated in the general
appropriation act for criminal costs, on warrants of the Comptroller
issued upon vouchers approved and signed by the Director.

§ 16-172.84. The provisions of this chapter shall supersede and
repeal any provision of any charter of any city, or any State law to the
contrary or in conflict herewith; provided, however, that such repeal
shall not affect in any way the provisions of Chapter 68 of the Acts of
the General Assembly of Virginia of 1944, amending the charter of the
town of Franklin in Southampton County, nor the provisions of Chapter
706 of the Acts of the General Assembly of 1952, providing a new
charter for the city of Warwick.