CHAPTER 165

An Act to amend and reenact section 17-7 of the Code of Virginia of 1950,
as amended, relating to designation of judges to hold court and assist
other judges so as to provide for the payment of the actual expenses
of judges designated to sit in certain cases. 'S 122]

Approved March 6, 1954
Be it enacted by the General Assembly of Virginia:

1. That section 17-7 of the Code of Virginia of 1950, as amended, be
amended, and reenacted as follows:

§ 17-7. Designation of judges to hold courts and assist other judges.
—(1) Absence, etc.—If the judge of any court of record be absent or
be unable or fail to hold any regular or special term of his court, or any
part thereof, or to perform or discharge during the vacation of such court
any official duty or function authorized or required by law, he may procure
by personal request or by designation by the Chief Justice of the Supreme
Court of Appeals, a judge of any other court of record 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 thereof or to discharge during vacation such duty
or function.

(2) Interest, etc——If the judge of any court of record is so situated
in respect to any case, civil or criminal, pending in his court as to render
it improper, in his opinion, for him to preside at the trial, unless the cause
or proceeding is removed, as 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.—lIf the judge of any court of record shall, by reason
of sickness or other physical disability, be unable to hold his courts, or any
of them, or to attend to his official duties as judge, then upon the notifica-
tion by such judge, or upon the certificate of his attending physician or of
the attorney 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 juris-
diction 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 Justice 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 required, 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 assistance, designate the judge of any
court of record or a retired judge of a court of record to assist the judge
in the performance 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.

(6) Expenses.—Any judge or retired judge sitting under any pro-
vision of this Section 17-7 or by designation to sit on any three judge court
shall receive from the State treasury actual expenses for the time he is
actually engaged in holding court, except in those cases where the payment
of such expenses is otherwise specifically provided by law.

(7) Effect on Section 17-146 or section 17-184 .—The provisions of this
section shall not be construed to amend or impair the provisions of Section
17-146 or Section 17-184.

(8) Exercise of powers of Chief Justice by other Justices.—The
powers and duties herein conferred and imposed upon the Chief Justice of
the Supreme Court of Appeals may be exercised and performed by any
Justice, or any committee of Justices, of the Court, designated by the Chief
Justice for such purpose.