CHAPTER 1

An Act to make the city of Staunton a part of the eighteenth judicial
circuit; to establish a circuit court for such city; to make the judges
of the eighteenth judicial circuit the judges of such circuit court; to
prescribe the jurisdiction of such circuit court; to transfer to such
circuit court all suits, actions, proceedings and matters pending in the
corporation court; to provide for the clerk, city sergeant and Com-
monwealth’s attorney of such circuit court; to transfer to the clerk’s
office of such circuit court and make part of the records therein, all
record books, papers and records of and in the clerk’s office of such
corporation court; to amend § § 17-117, 17-119 and 17-119.1, and 17-
1385, as amended, of the Code of Virginia, respectively, establishing
circuit courts for counties and cities; judicial circuits, and additional
judges for certain judicial circuits. P

(S 17]

Approved February 3, 1964

Be it enacted by the General Assembly of Virginia:

1. §1. The city of Staunton is hereby made, and declared to be, a part
of the eighteenth judicial circuit, and there is hereby established a circuit
court for said city, under the designation of the circuit court of the city
of Staunton. The judges of the eighteenth judicial circuit shall be the
judges of the circuit court of the city of Staunton.

§ 2. There is hereby transferred to and vested in the circuit court
of the city of Staunton all jurisdiction and authority heretofore vested
by law in the corporation court of the city of Staunton, of and concerning
all cases, matters and proceedings, both civil and criminal, arising within
the city, and the circuit court shall also have all such other jurisdiction
and authority of and concerning all such cases, matters and proceedings,
both civil and criminal, arising within the city, vested by law in circuit
courts, which may not have been vested in the corporation court, and shall
also have concurrent jurisdiction with the circuit courts of contiguous
counties, of and over all criminal offenses committed within one mile of
the corporation limits of the city.

§ 8. The clerk of the corporation court, the Commonwealth’s at-
torney, the city sergeant and other officers of the corporation court, elected
or appointed, shall continue as officers of the circuit court of Staunton
during the remainder of the terms for which they were elected or ap-
pointed as provided by the charter of city of Staunton and the laws of this
State. The sergeant of the city shall have authority to serve any and all
processes emanating from the circuit court or the clerk’s office thereof,
with like effect as if they were served by a sheriff; and the sergeant shall
attend upon the terms of the circuit court, perform similar services and
duties as sheriffs attending circuit courts, and have the compensation for
his services as provided by the laws of this State.

§ 4. All suits, actions, proceedings and matters both of a civil and
criminal nature, pending in the corporation court of the city of Staunton,
are hereby transferred to the circuit court and shall be treated and con-
sidered as pending therein, and the papers and records in all such suits,
actions, matters and proceedings in which final decrees, judgments and
orders have been made and entered by and in the corporation court are
hereby transferred to the clerk’s office of the circuit court, and shall be-
come and be part of the records therein, and all books of whatever nature,
in the clerk’s office of the corporation court, wherein are recorded, entered
or docketed, deeds, court orders, judgments and other writings or pro-
ceedings of any nature whatsoever, and all papers returned to and filed
in the clerk’s office of the corporation court are hereby transferred to, and
made records of, the clerk’s office of the circuit court, and all such deeds,
judgments and other writings shall be treated and considered as if they
had been recorded, entered or docketed in the clerk’s office of the circuit
court, and all such court orders shall be treated and considered as if they
had been made and entered by the circuit court.

2. That §§ 17-117, 17-119, 17-119.1 and 17-135 as amended, be amended
and reenacted as follows:

§ 17-117. For the city of Williamsburg and the county of James City,
for that part of the county of Henrico which is without the corporate
limits of the city of Richmond, for every other county and for each of
the cities of Alexandria, Bristol, Buena Vista, Charlottesville, Clifton
Forge, Colonial Heights, Fredericksburg, Hopewell, Lynchburg, Martins-
ville, Newport News, Norfolk, Petersburg, Portsmouth, Radford, Rich-
mond, Roanoke, Staunton, Suffolk, and Waynesboro, there shall be a circuit
court, which shall be called the circuit court of such county or city, or
such city and county, as the case may be.

§ 17-119. The State shall be divided into judicial circuits as follows:

(1) The county of Norfolk shall constitute the first circuit.

(2) The counties of Nansemond and Southampton and the city of
Suffolk shall constitute the second circuit.

(3) The counties of Prince George, Sussex, Surry, Greensville and
Brunswick and the city of Hopewell shall constitute the third circuit.

(4) The counties of Dinwiddie, Nottoway, Amelia and Powhatan and
the city of Petersburg shall constitute the fourth circuit.

(5) The counties of Appomattox, Charlotte, Prince Edward, Buck-
ingham and Cumberland shall constitute the fifth circuit.

(6) The counties of Bedford and Campbell and the city of Lynchburg
shall constitute the sixth circuit.

(7) The counties of Henry and Patrick and the city of Martinsville
shall constitute the seventh circuit.

(8) The counties of Madison, Greene, Fluvanna and Albemarle and
the city of Charlottesville shall constitute the eighth circuit.

(9) The counties of Culpeper, Orange, Louisa and Goochland shall
constitute the ninth circuit.

(10) The county of Henrico and the city of Richmond shall constitute
the tenth circuit.

(11) The cities of Hampton and Newport News shall constitute the
eleventh circuit, provided that after July one, nineteen hundred and sixty-
two, the city of Hampton shall constitute the eleventh circuit.

(12) The counties of Richmond, Northumberland, Westmoreland,
Lancaster and Essex shall constitute the twelfth circuit.

(18) The counties of Gloucester, Mathews, King and Queen, King
William and Middlesex shall constitute the thirteenth circuit.

(14) The counties of New Kent, Charles City, York and James City
and the cities of Warwick and Williamsburg shall constitute the fourteenth
circuit, provided that after July one, nineteen hundred and fiftv-eight. the
counties of New Kent, Charles City, York and James City and the cities
of Newport News and Williamsburg shall constitute the fourteenth circuit
until July one, nineteen hundred and sixty, when the city of Newport
News will cease to be a part of the fourteenth circuit.

(15) The counties of King George, Stafford, Spotsylvania, Caroline
and Hanover and the city of Fredericksburg shall constitute the fifteenth
circuit.

(16) The counties of Prince William and Fairfax and the city of
Alexandria shall constitute the sixteenth circuit.

(17) The counties of Frederick, Clarke, Warren and Shenandoah
shall constitute the seventeenth circuit.

_ (18) The counties of Augusta, Highland and Rockbridge and the *
cities of Buena Vista and Staunton shall constitute the eighteenth circuit.

(19) The counties of Bath, Alleghany, Craig and Botetourt and the
city of Clifton Forge shall constitute the nineteenth circuit.

(20) The county of Roanoke and the city of Roanoke shall constitute
the twentieth circuit.

(21) The counties of Pulaski, Carroll, Wythe and Grayson shall con-
stitute the twenty-first circuit.

(22) The counties of Bland, Tazewell and Giles shall constitute the
twenty-second circuit.

(23) The counties of Washington and Smyth and the city of Bristol
shall constitute the twenty-third circuit.

(24) The counties of Lee and Scott shall constitute the twenty-fourth
circuit.

(25) The counties of Rockingham and Page shall constitute the twen-
ty-fifth circuit.

(26) The counties of Rappahannock, Fauquier and Loudoun shall
constitute the twenty-sixth circuit.

(27) The counties of Buchanan, Dickenson and Russell shall constitute
the twenty-seventh circuit.

(28) The counties of Princess Anne and Isle of Wight shall constitute
the twenty-eighth circuit.

(29) The counties of Amherst and Nelson and the city of Waynesboro
shall constitute the twenty-ninth circuit.

(30) The counties of Franklin and Pittsylvania shall constitute the
thirtieth circuit.

(81) The counties of Accomack and Northampton shall constitute the
thirty-first circuit.

(82) The city of Norfolk shall constitute the thirty-second circuit.

(33) The county of Wise shall constitute the thirty-third circuit.

(34) The counties of Halifax, Mecklenburg and Lunenburg shall con-
stitute the thirty-fourth circuit.

(35) The county of Arlington shall constitute the thirty-fifth circuit.

(36) The counties of Floyd and Montgomery and the city of Radford
shall constitute the thirty-sixth circuit.

(37) The county of Chesterfield and the city of Colonial Heights
shall constitute the thirty-seventh circuit.

(38) On and after July one, nineteen hundred sixty, the city of Ports-
mouth shall constitute the thirty-eighth circuit. The judge of the twenty-
eighth judicial circuit residing in the city of Portsmouth on July one,
nineteen hundred sixty, shall be the judge of the thirty-eighth judicial cir-
cuit for the balance of the term for which elected as judge of the twenty-
eighth judicial circuit and shall forthwith relinquish his office as judge of
the twenty-eighth judicial circuit.

(39) On and after July one, nineteen hundred sixty-two, the city
of Newport News shall constitute the fortieth circuit.

Should the federal census of nineteen hundred and sixty or other
census provided for by law disclose that the counties of Hanover and Caro-
line have a combined population in excess of forty thousand inhabitants
then the senior judge of the fifteenth circuit shall enter an order in the
circuit courts of both of such counties setting out such fact. A certified copy
of such order shall be transmitted by the clerk of each such court to the
Secretary of the Commonwealth, who shall file and preserve the same in
the records of his office and shall report to the Governor at once the fact
that such counties have a combined population in excess of forty thousand,
as disclosed by such census. The Governor, upon receiving such report,
shall at once make proclamation of such fact, copies of which proclama-
tion shall be certified to the clerks of each of the courts then constituting
the fifteenth judicial circuit who shall endorse thereon the date when re-
ceived and record the same in the common-law order books of such courts.

After such proclamation has been recorded in the manner hereinabove
provided, the counties of Hanover and Caroline shall constitute the fif-
teenth judicial circuit, and the counties of King George, Stafford and
Spotsylvania and the city of Fredericksburg shall become and constitute
a new judicial circuit, designated and known as the thirty-ninth circuit.

In such event, the Governor shall designate which of the judges of
the fifteenth judicial circuit shall continue to be the judge of that circuit,
and which of such judges shall be the judge of the new thirty-ninth judicial
circuit composed of the counties of King George, Stafford and Spotsylvania
and the city of Fredericksburg.

§ 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 hereinafter
provided, shall be the same as now and hereafter prescribed for circuit
judges, provided, however, that in the latter of the aforesaid judicial cir-
cuits, (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, ex-
cept as hereinafter provided, shall be the same as now and hereafter pre-
scribed 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 herein
after provided, shall be the same as now and hereafter prescribed fo!
circuit judges. The office, and vacancies occurring therein, shall be fillec
in the manner and for the term provided by general law for the filling o!
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 judicia.
circuit containing a county having a population of more than forty-twc
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.

On and after the effective date of this act, for each judicial circuit
containing a county having a population of more than thirty-six thousand
eight hundred but less than thirty-eight thousand, there shall be an addi-
tional circuit judge who shall during his tenure reside within the circuit
and whose compensation and powers, except as hereafter 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
gudges 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 vacan-
cies occurring in the office of county judge and school trustee electoral
board, if there be one. All other appointments may be exercised concur-
rently 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 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.

§ 17-135. For the purpose of a judicial system, the following cities,
which as shown by the last preceding United States census, * or other
‘ensus provided by law, contain ten thousand inhabitants or more, to-wit:
Alexandria, Bristol, Charlottesville, Danville, Lynchburg, Newport News,
Norfolk, Petersburg, Portsmouth, Richmond, Roanoke, * Chesapeake, and
Winchester are declared to be cities of the first class.
An emergency exists and this act is in force from its passage.