CHAPTER 142

Az Act to amend and reenact § 17-119.1, as amended, of the Code of
Virginia, relating to additional judges in certain judicial circuits.
[H 77]
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 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 two additional circuit court judges who
shal], during their tenure, reside within the circuit and whose compensa-
tion 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 contain-
ing 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 dur-
ing his 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. The office, and vacancies occurring
therein, shall be filled in the manner and for the term provided by gen-
eral law for the filling of vacancies in the office of judges of circuit courts
or or 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 re-
side 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 choos-
ing 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 addi-
tional 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 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 February third, nineteen hundred 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 here-
after 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-six, for each judicial
ctreuit containing a county having a population of more than seventy-one
thousand but less than seventy-two thousand and adjoining a city having
a population of more than two hundred thousand, there shall be an addt-
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 are 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 vacanctes 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 fill-
ing 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 elec-
toral board, if there be one. All other appointments may be exercised con-
eurrently 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 represen-
tatives, 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
& majority the senior judge may make the appointment.

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