CHAPTER 200

An Act to amend and reenact § 17-119.1, as amended, of the Code of
Virginia, relating to additional judges in certain judicial circutts.
[S 152]

Approved March 6, 1964

Be it enacted by the General Assembly of Virginia:

1. That § 17-119.1, as amended, of the Code of Virginia be amended
and reenacted as follows:

§ 17-119.1. (a) For each judicial circuit consisting wholly of a
county having a density of population, according to the last preceding
United States census, of more than two thousand persons per square
mile, and (b) for each judicial circuit adjoining such circuit, two addi-
tional circuit court judges shall be chosen who shall during their tenure
reside within the circuit and whose compensation and powers, except as
hereinafter provided, shall be the same as now and hereafter prescribed
for circuit judges, provided, however, that in the latter of the aforesaid
judicial circuits, (c) there shall be chosen * two additional circuit court
judges who shall, during * their tenure, reside within the circuit and
whose compensation and powers, except as hereinafter provided, shall
be the same as now and hereafter prescribed for circuit judges or addi-
tional judges, as the case may be. (d) For each judicial circuit containing
a city incorporated since the last preceding United States census and
having a population of more than thirty-eight thousand but less than
forty thousand, and (e) on and after July one, nineteen hundred sixty,
for each judicial circuit containing a city having a population of more
than two hundred thirty thousand and a county contiguous thereto having
a population of more than fifty-seven thousand, an additional circuit
judge shall be chosen who shall during his tenure reside within the cir-
cuit and whose compensation and powers, except as hereinafter pro-
vided, shall be the same as now and hereafter prescribed for circuit
judges. The office, and vacancies occurring therein, shall be filled in the
manner and for the term provided by general law for the filling of
vacancies in the office of judges of circuit courts or for choosing the
judge when a new or additional circuit has been created.

On and after March fifteen, nineteen hundred fifty-eight (f) for each
judicial circuit containing a city having a population of more than twelve
thousand one hundred but less than twelve thousand two hundred and
(g) for each judicial circuit containing a city having a population of more
than ten thousand two hundred but less than ten thousand three hundred,
and (h) for each judicial circuit containing a county having a population
of more than thirty-five thousand five hundred but less than thirty-six
thousand, and on and after January one, nineteen hundred fifty-nine, (i)
for each judicial circuit consisting only of a single city, there shall be an
additional circuit judge who shall during his tenure reside within the
circuit and whose compensation and powers, except as hereinafter pro-
vided, shall be the same as now and hereafter prescribed for circuit
judges. The office, and vacancies occurring therein, shall be filled in the
manner and for the term provided by general law for the filling of vacan-
cies in the office of judges of circuit courts or for choosing the judge
when a new or additional circuit has been created. a

On and after July one, nineteen hundred sixty, (j) for each judicial
circuit containing a county having a population of more than forty-two
thousand but less than forty-five thousand, there shall be an additional
circuit judge who shall during his tenure reside within the circuit and
whose compensation and powers, except as hereinafter provided, shall
be the same as now and hereafter prescribed for circuit judges. The
office, and vacancies occurring therein, shall be filled in the manner and
for the term provided by general law for the filling of vacancies in the
office of judges of circuit courts or for choosing the judge when a new
or additional circuit has been created.

On and after the effective date of this Act, for each judicial circuit
containing a county having a population of more than thirty-six thousand
eight hundred but less than thirty-eight thousand, there shall be an addi-
tional circuit judge who shall during his tenure reside within the circuit
and whose compensation and powers, except as hereafter provided, shall
be the same as now and hereafter prescribed for circuit judges. The
office, and vacancies occurring therein, shall be filled in the manner and
for the term provided by general law for the filling of vacancies in the
office of judges of circuit courts or for choosing the judge when a new
or additional circuit has been created.

In any such judicial circuit where an additional judge is authorized
and chosen under the provisions hereof, the judge who is senior in point
of service as judge of the circuit for which he is so chosen shall be the
senior judge of the circuit and shall have authority to assign the work
of the circuit as between judges, but no order of court shall be necessary
to establish the authority of either judge to act.

Except as hereinafter provided, the senior judge shall exclusively
exercise the powers of appointment conferred upon circuit judges in
filling vacancies in offices established by the Constitution of Virginia
which may be filled by the judge of a circuit or corporation court and in
filling vacancies occurring in the office of county judge and school trustee
electoral board, if there be one. All other appointments may be exercised
concurrently or individually by the judges.

In each judicial circuit consisting wholly of a county having a density
of population of more than two thousand persons per square mile, the
senior judge and any additional judge or judges thereof shall exercise
jointly all powers of appointment conferred upon circuit judges, except
the appointment of guardians ad litem, guardians for infants, guardians
or committees for insane or incompetents, receivers, personal repre-
sentatives, counsel for indigents and any other appointment incident to
the trial, hearing or disposition of any cause or action to be determined
or acted upon by the court, which powers shall be exercised concurrently
by the judges. Appointments by such judges on matters relating to such
joint exercise of powers of appointment shall be in accordance with a
majority vote of all such judges. In the event they are not able to obtain
a majority the senior judge may make the appointment.

An emergency exists and this act is in force from its passage.