CHAPTER 381

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. (H 6]

Approved March 31, 1964

Be it enacted by the General Assembly of Virginia:
ba That § 17-119.1 of the Code of Virginia be amended and reenacted as

ollows:

§ 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 cir-
cuit court judges shall be chosen who shall during their 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,
provided, however, that in the latter of the aforesaid judicial circuits, (c)
there shall be chosen * two additional circuit court judges who shall, dur-
ing * their tenure, reside within the circuit and whose compensation and
powers, except as hereinafter provided, shall be the same as now and here-
after 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 (¢)
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 thou-
sand, 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 addi-
tional 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.

_ 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
been created.

On and after July one, nineteen hundred sixty-four, (k) for each
judicial circuit containing a county having a population of more than
twenty-seven thousand two hundred and less than twenty-seven thousand
four hundred, 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 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
filing 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 addt-
tional circuit judge who shall during his tenure reside within the circutt
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
judges of circuit courts or for choosing the judge when a new or addt-
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
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 concurrent-
ly 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 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. 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.