CHAPTER 8

An Act to amend and reenact § 17-119.1 of the Code of Virginia, providing
additional judges for certain judicial circuits so as to increase the
number of such judges and the circuits to which the section 1B 86)

Approved February 7, 1956

Be it enacted by the General Assembly of Virginia:

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

§ 17-119.1. 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 for
each judicial circuit adjoining such circuit, an additional circuit court
judge shall be chosen 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 provided,
however, that in each of the aforesaid judicial circuits having an additional
circuit court judge, there shall be chosen for each, respectively, another
additional circuit court 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
or additional judges, as the case may be. For each judicial circuit contain-
ing 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 for each judicial circuit containing a city having more than
sixty-five thousand but less than ninety thousand population, an additional
circuit judge shall be chosen 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.

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 on the circuit court bench 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 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 representa-
18 ACTS OF ASSEMBLY [VA., 1956

tives, 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. : .

In 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, the senior judge and any addt-
tional judge or judges thereof shall exercise jointly all powers of appoint-
ment conferred upon circuit judges, except the appointment of guardians
ad litem, guardians for infants, guardians or committees for insane or
incompetents, receivers, personal representatives, 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 appoint-
ment 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.

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