CHAPTER 286

An Act to amend and reenact § 17-119.1, as amended, of the Code of
Virginia, relating to judicial circuits and additional judges in certain
judicial circuits, and to ratify, validate and confirm certain appoint-
ments by judges.

[S 8]

Approved March 30, 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
circuit 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 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.

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, (i)
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 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.

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 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 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
exercise * the powers of appointment conferred upon circuit judges * in
filling vacancies in offices established by the Constitution of Virginia which
may be filled by the judge of a circuit or corporation court and in filling
vacancies occurring in the office of county judge and school trustee
electoral board, if there be onc. All other appointments may be exercised
concurrently or individually 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 repre-
sentatives, 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.

2. All appointments heretofore made by any judge holding office under
this section are hereby ratified, validated and confirmed.