CHAPTER 138

An Act to amend and reenact § 17-119.1, as amended, of the Code of
Virgtnia, relating to additional judges of judicial circuits. 'S 264]

Approved March 11, 1966

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 here-
inafter provided, shall be the same as now and hereafter prescribed for
circuit judges, provided, however, that in the latter of the aforesaid ju-
dicial circuits, (c) there shall be chosen two additional circuit court
judges 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 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 thou-
sand, and (e) on and after July one, nineteen hundred sixty, for each ju-
dicial circuit containing a city having a population of more than two
hundred thirty thousand and a county contiguous thereto having a popula-
tion 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 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 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

ose 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-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
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 ror choosing the judge when a new or additional circuit has been
created.

On and after February third, nineteen hundred and sixty-four, 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 additional 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 judges of circuit courts or for choosing
the judge when a new or additional circuit has been created.

On and after January one, nineteen hundred sixty-seven, for each
judicial circuit containing a city created by consolidation since the last
preceding United States census and having a population of more than
eighty thousand but less than eighty-seven thousand, there shall be two
additional circutt judges, making a total of not more than three judges
for such circuit, who shall during their 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 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 one. All other appointments may be exercised con-
currently 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 ma-
jority vote of all such judges. In the event they are not able to obtain a
majority the senior judge may make the appontnent,