CHAPTER 143

An Act to amend and reenact § 17-119.1, as amended, of the Code of Vir-
ginia, relating to additional judges for circuit courts.

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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,
there shall be chosen three additional circuit court judges making a total
of four judges for such circuit, who shall during thetr tenure reside within
the circuit and whose compensation and powers, except as hereinafter
provided, shall be the same as now and hereafter prescribed for circutt
judges, and (b) for each judicial circuit adjoining such circuit, two addi-
tional 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
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 thousand, and (e) on
and after July one, nineteen hundred sixty, for each judicial circuit con-
taining a city having a population of more than two hundred thirty thou-
sand 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 here-
after prescribed for circuit judges. * All offices referred to in this para-
graph, 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
thousand, and on and after January one, nineteen hundred fifty-nine, (1)
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 pro-
vided, 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.

_ _ 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 for choos-
ing 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 va-
cancies 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 va-
cancies 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 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.

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