CHAPTER 39

AN ACT to amend and reenact § 17-7 of the Code of 1950,
relating to the designation, jurisdiction, duties, powers and
expenses of judges sitting for other judges, so as to pro-
vide that the expenses of such judges shall be paid by the

State.
. [fH 60]
Approved February 22, 1950
Be it enacted by the General Assembly of Virginia:

1. That § 17-7 of the Code of 1950 be amended and reenacted
as follows:
§ 17-7. Designation of judges to hold courts and assis
other judges.—(1) Absence, etc.—If the judge of any court o:
record be absent or be unable or fail to hold any regular o:
special term of his court, or any part thereof, or to perform 0:
discharge during the vacation of such court any official duty 01
function authorized or required by law, he may procure * 01
personal request or by designation by the Chief Justice of the
Supreme Court of Appeals, a judge of any other court of recorc
or a retired judge of any such court to hold the court for the
whole of such regular or special term or for any part thereoi
ur to discharge during vacation such duty or function.

(2) Interest, etc.—If the judge of any * court of record is
suv situated in respect to any case, civil or criminal, pending in
his court as to render it improper, in his opinion, for him tc
preside at the trial, unless the cause or proceeding is removed,
us provided by law, he shall enter the fact of record and the
clerk of the court shall at once certify the same to the Chief
Justice of the Supreme Court of Appeals, who shall designate
a judge of some * other court of record or a retired judge of any
such court to preside at the trial of such * case.

(3) Sickness, etc.—If * the judge of any court of record
shall, by reason of sickness or other physical disability, be un-
able to hold his courts, or any of them, or to attend to his offi-
cial duties as judge, then upon the notification by such judge,
or upon the certificate of his attending physician or of the at-
torney for the Commonwealth or the clerk of the court, * to that
effect, the Chief Justice of the Supreme Court of Appeals may
designate * the judge of another court of record or a retired
judge of any such court to hold the term or terms of such court
or courts, to order special terms, and otherwise to perform the
duties and to exercise the powers and jurisdiction of judge of
such court or courts in term time or in vacation and such judge
so designated shall have all the powers and be authorized to
perform all the duties of judge of such court or courts until the
judge * shall again be able to attend to his duties as such and
shall so notify the Chief Justice of the Supreme Court of
Appeals.

(4) Vacancy.—If a vacancy occur from any cause in the
office of a judge of a court of record that fact shall at once
be certified by the clerk of such court to the Governor, who may,
instead of appointing a successor at once, request the Chief Jus-
tice of the Supreme Court of Appeals to designate a judge of
some other court of record or a retired judge of any such court
to hold the terms of the court in which such vacancy exists,
until the same shall have been filled in the mode prescribed by
law. If any judge so designated shall be prevented by the duties
of his court, or by sickness, from performing the duties re-
quired, he shall so inform the Governor, who may thereupon
request the Chief Justice of the Supreme Court of Appeals to
designate another such judge in his place.

(5) Congestion.—If on account of congestion in the work
of any court of record there is in his opinion need therefor, the
Chief Justice of the Supreme Court of Appeals may, upon his
own initiative or upon application of the judge desiring assist-
ance, designate the judge of any court of record or a retired
judge of a court of record to assist the judge * in the perform-
ance of his duties * and every judge so designated shall have
the same powers and jurisdiction and be authorized to perform
the same duties as the judge whom he is designated to assist.

* Any judge or retired judge sitting under any provision
of this Section 17-7 shall receive from the State treasury actual
expenses for the time he is actually engaged in holding
court. * * *

The provisions of this section shall not be construed to
amend or impair the provisions of § 17-146 or § 17-184.

The powers and duties herein conferred and imposed upon
the Chief Justice of the Supreme Court of Appeals may be exer-
cised and performed by any justice, or any committee of justices,
of the Court, designated by the Chief Justice for such purpose.