Chap. 194.—An ACT to amend and re-enact Section 4987-a of the Code of Virginia
relating to the appointment and qualification of trial justices, and of associate

trial justices in certain counties, so as to permit certain trial justices and sub.
stitute trial justices who reside in territory annexed to a city to reside in suck
annexed territory for a period of two years after such annexation, and to be
eligible for re-appointment and to hold office during said period. {H B 290

Approved March 13, 1940

1. Be it enacted by the General Assembly of Virginia, Tha
section forty-nine hundred and eighty-seven-a of the Code of Virginie
be amended and re-enacted so as to read as follows:

Section 4987-a. Appointment of trial justices; trial justices 1
office continued; vacancies; not to appear as counsel in certain cases.—
(a) For every county, including all incorporated towns therein, except
as hereinafter provided, there shall be appointed, for a term of four
years, by the circuit court for such county, or the judge thereof in
vacation, a trial justice, who shall be a resident of the territory, or
of a city lying wholly in any county in such territory, for which he is
appointed; provided, however, that no such trial justice shall be a
resident of any city lying wholly in any county in such territory
having a population of not less than forty thousand nor more than
forty-four thousand according to the United States census of nineteen
hundred and thirty; and provided, further, that any trial justice or
substitute trial justice of a county adjoining a city containing a popula-
tion of more than one hundred and seventy-five thousand by the
last United States census, who resides in territory annexed to any
such city, may continue to reside in such annexed territory for a
period of two years after such annexation, and during said time shall
be eligible for re-appointment as trial justice or substitute trial
justice for said county and to hold said office and discharge the duties
thereof. Every trial justice heretofore appointed or selected and,
immediately prior to this section becoming effective, functioning
under any then existing law shall, however, unless otherwise pro-
vided, continue in office until the expiration of the term of office for
which appointed or selected with all of the rights and powers con-
ferred by, and subject to the provisions of, sections forty-nine hun-
dred and eighty-seven-a to forty-nine hundred and eighty-seven-o,
both inclusive, as if appointed hereunder. Any vacancy in the office
of trial justice shall be filled for the unexpired term by the circuit
court for said county or the judge thereof in vacation. If an attorney
at law is appointed a trial justice he shall not appear as counsel in
any case, civil or criminal, pending in his court or on appeal or re-
moval therefrom, nor shall he appear as counsel in any civil case
which involves substantially the same evidence and circumstances
as were involved in a criminal case tried in his court or in which a
preliminary hearing was held therein, nor shall he be permitted or
authorized to accept or receive any claim or evidence of debt for
collection where the enforcement of such claim or evidence of debt
Is within the exclusive original jurisdiction of his court. A trial
justice may be removed from office in the manner and for any of the
causes prescribed in section twenty-seven hundred and five of the
Code of Virginia, applicable to the removal of State, county, city,
town and district officers.

(b) Notwithstanding anything to the contrary contained in this
or in any other section of the Code or act or statute, in any county
having a population of more than fifty-eight thousand and having
therein a city with a population of more than twenty thousand,
according to the latest United States census, the judge of the circuit
court of such county may, upon request of the board of supervisors
of such county, by an order entered in the common law order book
of said county, appoint for said county an associate trial justice, who
shall have concurrent jurisdiction with the trial justice in all matters,
criminal and civil, in such part or parts of the said county as shall be
designated by the said order of the judge of the circuit court. The
said associate trial justice shall hold office for a term concurrent with
that of the trial justice of the county. The said associate trial justice
shall be paid by the board of supervisors of the said county a salary,
which shall be in addition to the salary provided for and paid to the
trial justice; the salary of the said associate trial justice shall be
fixed in the same manner and within the same limits as provided by
section forty-nine hundred and eighty-seven-e. The said associate
trial justice shall be subject to all the conditions, regulations and
provisions pertaining to the trial justice as herein provided and shall
be required to subscribe to the oath and execute the bond as pro-
vided in section forty-nine hundred and eighty-seven-d hereof.