CHAPTER 196

An Act to amend and reenact § 17-119.1, as amended, of the Code of
Virginia, relating to additional judges in certain judicial ater
1

Approved March 8, 1962

Be it enacted by the General Assembly of Virginia:

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

§ 17-119.1. (a) 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 (b) for each judicial circuit adjoining such circuit, * two additional
circuit court judges shall be chosen who shall during * their tenure reside
within the circuit and whose compensation and powers, except as herein-
after provided, shall be the same as now and hereafter prescribed for cir-
cuit judges, provided, however, that in * the latter of the aforesaid judicial
circuits * , (c) there shall be chosen * another additional circuit court
judge 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 or additional
judges, as the case may be. (d) For each judicial circuit containing 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 (e) on and after July one, nineteen hundred sixty, for each judicial
circuit containing a city having a population of more than two hundred
thirty thousand and a county contiguous thereto having a population of
more than fifty-seven thousand, an additional circuit judge shall be chosen
who shall during his tenure reside within the circuit and whose compen-
sation and powers, except as hereinafter provided, shall be the same as now
and hereafter prescribed for circuit judges. The office, and vacancies occur-
ring 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 Pag choosing the judge when a new or additional circuit has
n created.

On and after March fifteen, nineteen hundred fifty-eight (f) for each
judicial circuit containing a city having a population of more than twelve
thousand one hundred but less than twelve thousand two hundred and (g)
for each judicial circuit containing a city having a population of more
than ten thousand two hundred but less than ten thousand three hundred,
and (h) for each judicial circuit containing a county having a population
of more than thirty-five thousand five hundred but less than thirty-six
thousand, and on and after January one, nineteen hundred fifty-nine, (1)
for each judicial circuit consisting only of a single city, there shall be an
additional circuit judge who shall during his tenure reside within the cir-
cuit 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. oo

On and after July one, nineteen hundred sixty, (j) for each judicial
circuit containing a county having a population of more than forty-two
thousand but less than forty-five thousand, there shall be an additional
circuit judge 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 addi-
tional 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 as judge of the circuit for which he is so chosen 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 ex-
ercise 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-
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 of more than two thousand persons per square mile, the
senior judge and any additional judge or judges thereof shall exercise
jointly 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 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 appointment 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.

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