CHAPTER 345

An Act to amend and reenact §§ 80-42, 30-44, and 30-45 of the Code of Vir-
ginia, which were enacted as §§ 1, 3, and 4 of Chapter 873 of the Acts
of Assembly of 1958, creating the Committee on Offenses Against the
Admimstration of Justice, the sections relating to creation of the
Committee, hearings, contempts and depositions. ‘4

(S 186]

Approved March 30, 1962

Be it enacted by the General Assembly of Virginia:

1. That §§ 30-42, 30-44 and 30-45 of the Code of Virginia which were
enacted as §§ 1, 3, and 4 of Chapter 373 of the Acts of Assembly of 1958,
be amended and reenacted as follows:

§ 30-42. (a) There is hereby created a joint committee of the
General Assembly to be known as the Committee on Offenses Against the
Administration of Justice, hereinafter sometimes referred to as Joint
Committee. Such Joint Committee shall investigate and determine the
extent and manner in which the laws of the Commonwealth relating to
the administration of justice are being observed, administered and en-
forced and shall specifically direct its attention to the observance and to
the methods and means of administration and enforcement of those laws,
whether statutory or common law, relating to champerty, maintenance,
barratry, running and capping and other offenses of any other nature
relating to the promotion or support of litigation by persons who are
not parties thereto.

(b) The Joint Committee is further authorized to investigate and
determine the extent and manner in which the laws of the Commonwealth
relating to State income and other taxes are being observed by, and
administered and enforced with respect to, persons, corporations, organi-
zations, associations and other individuals and groups who or which seek
to promote or support litigation to which they are not parties contrary to the
statutes and common law pertaining to champerty, maintenance, barratry,
running and capping and other offenses of like nature.

(c) The joint committee shall be composed of seven members to be
selected * as follows: Four of the members shall be appointed by the
Speaker of the House of Delegates from the membership of * the House *,
and three of the members shall be appointed by the President of the
Senate from the membership of * the Senate *. Only persons entitled to
practice law in this State shall be eligible to become members of the
Committee. Members shall serve on the Committee during the effective
period of this chapter; the presiding officer of each House to have the
power to fill vacancies occurring on the Committee.

(d) The Joint Committee shall meet * on call of the chairman or a
majority of its members. The members of the Committee shall receive the
salary and expenses for each day spent in the performance of their duties
allowed under §§ 14-29.1 and 14-5 of the Code of Virginia, respectively,
such salary and expenses, together with any other expenses incurred by
the Committee, to be paid from the contingent fund of the General
Assembly.

(e) The definitions contained in Title 1 of the Code of Virginia shall
apply to the provisions of this chapter.

§ 30-44. (a) The Joint Committee may hold hearings anywhere in
the State. The Chairman of the Committee, or any member acting at
his direction shall have authority to issue subpoenas, which may be
served by any sheriff or sergeant of this State, or by any agent or investi-
gator of the Committee, all with return shown thereon, requiring the
attendance of witnesses, the production of books, records, photographs
and other writings, or both. The Committee also may compel the attend-
ance of witnesses and the production of books, records, photographs and
other writings by motion made before the circuit or corporation court
having jurisdiction of the person whose attendance or of whom produc-
tion is sought. The court upon such motion shall issue such subpoenas,
writs, processes or orders as the court deems necessary.

(b) The Chairman of the Committee, or any member acting at his
direction, shall be authorized to administer oaths to witnesses. If any
person, firm, corporation, association or other organization (hereinafter
severally referred to as “persons’’) fails to appear in response to any
subpoena as thereby required, or any person fails or refuses, without
legal cause, to answer any question propounded to him or fails or refuses
to produce writings or, upon his appearance pursuant to a subpoena
behaves in a disorderly manner, then upon the application by the Chair-
man, or by any member of the Committee acting at his direction, or by
its counsel, to the circuit or corporation court of the county or city
wherein such person resides or may be found, such court shall issue an
order directing its clerk to issue a rule against such person to show cause
why he should not be punished for a civil contempt by reason of his
failure to so appear, testify, produce writings or because of such dis-
orderly behavior. Upon the return day of the rule, or on such day
thereafter as the court may appoint, the court shall investigate the charge
of contempt, and hear any answer or testimony which the accused makes
or offers. The court may also direct the witness to answer such questions
or perform such acts as the court deems proper. The court shall then
determine whether the accused is guilty of contempt as charged by the
Committee or of contempt of the court. If the court finds that the
accused is guilty of contempt of the Committee or of the court he shall
be fined not more than one thousand dollars or imprisoned in jail for
not more than one year, or both, as the court shall determine; and should
the contempt consist of the omission to do an act which the accused yet
can perform, the court may imprison the accused until he performs it.

§ 30-45. The Joint Committee or any one or more members thereof,
when acting pursuant to * direction of a majority of the Committee, may
take the deposition of any witness, within or without the State, who is
thought to possess information germane to the matters under investiga-
tion. The testimony of any such witness within the State may be taken
pursuant to a subpoena issued by the Committee or by the clerk of the
circuit or corporation court having jurisdiction of the person of such
witness; and the testimony of a witness without the State shall be taken
in compliance with §§ 8-305 and 8-306 insofar as practicable. Any such
deposition taken by less than a quorum of the Committee shall be as
valid as if taken by a quorum.