In the event of the inability of the judge to perform the duties of his office or any of them by reason of sickness, absence, vacation, interest in the proceeding or parties before the court, or otherwise, such judge or a person acting on his behalf shall promptly notify the appropriate chief district judge of such inability. If the chief district judge determines that the provisions of § 16.1-69.35 have been complied with or cannot reasonably be done within the time permitted and that no other full-time or retired judge is reasonably available to serve, the chief district judge may direct a substitute judge to serve as a judge of the court, which substitute may serve concurrently with one or more of the judges of the court or alone. When reasonably necessary, the chief district judge may designate a substitute judge from another district within the Commonwealth. The committee on district courts may adopt policies and procedures governing the utilization of substitute judges. In such event, those policies and procedures will, where applicable, control. While acting as judge, a substitute judge shall perform the same duties, exercise the same power and authority, and be subject to the same obligations as prescribed herein for the judge. A substitute judge shall retain the power to enter a final order in any case heard by such substitute judge for a period of 14 days after the date of a hearing of such case. While serving as judge of the court, the judge or the substitute judge may perform all acts with respect to the proceedings, judgments and acts of any other judge in connection with any action or proceeding then pending or theretofore disposed of in the court except as otherwise provided in this chapter in the same manner and with the same force and effect as if they were his own.
1972, c. 708; 1973, c. 546; 1983, c. 128; 1984, c. 570; 2017, c. 650; 2020, c. 118.
Structure Code of Virginia
Title 16.1 - Courts Not of Record
§ 16.1-69.2. Effect of repeal of Title 16 and amendment of Title 16.1
§ 16.1-69.3. Certain notices, recognizances and processes validated
§ 16.1-69.5. Meaning of certain terms
§ 16.1-69.6. Establishment of districts
§ 16.1-69.6:1. Number of judges
§ 16.1-69.7:1. Establishment of certain district courts
§ 16.1-69.8. Existing courts continued and redesignated; exception
§ 16.1-69.9. Judges in office continued; terms of judges; how elected or appointed
§ 16.1-69.9:1. Appointment, terms, etc., of substitute judges
§ 16.1-69.9:3. Investigation and certification of necessity before vacancies filled
§ 16.1-69.9:4. Same; election of successor judges
§ 16.1-69.10. Number of judges
§ 16.1-69.11. Chief judges; judges; substitute judges
§ 16.1-69.11:1. Acting chief judge
§ 16.1-69.12. Limitations on practice of law by judges
§ 16.1-69.14. Number of substitute judges
§ 16.1-69.15. Qualifications of judges
§ 16.1-69.16. Residence requirements
§ 16.1-69.17. Oath of office of judges, clerks and others
§ 16.1-69.17:1. Time within which a judge may qualify; failure to do so vacates office
§ 16.1-69.18. Bonds of judges, clerks, and others handling funds
§ 16.1-69.19. Incompatible offices
§ 16.1-69.21. When substitute to serve; his powers and duties
§ 16.1-69.22. Removal of judges and substitute judges
§ 16.1-69.22:1. Temporary recall of retired district court judges; evaluation
§ 16.1-69.23. In what cases judge disqualified
§ 16.1-69.24. Contempt of court
§ 16.1-69.25. Judge may issue warrants, summons, and subpoenas
§ 16.1-69.25:1. Judge shall order bill of particulars; time for motion
§ 16.1-69.26. Judges as conservators of the peace
§ 16.1-69.27. Additional powers of judges
§ 16.1-69.28. Commitment of insane, etc., persons
§ 16.1-69.29. Jurisdiction over certain waters
§ 16.1-69.30. District system within unified court system
§ 16.1-69.31. The duties of the Judicial Council
§ 16.1-69.32:1. Substitution of counsel
§ 16.1-69.33. Committee on District Courts
§ 16.1-69.35. Administrative duties of chief district judge
§ 16.1-69.35:01. Location of district courts for Albemarle County
§ 16.1-69.35:1. Location of district courts for Carroll County
§ 16.1-69.35:2. Recording of proceedings in district courts
§ 16.1-69.36. Where process returnable and trials held in certain cases
§ 16.1-69.37. Personnel continued in office
§ 16.1-69.38. Authorization for substitute judges and personnel
§ 16.1-69.39. Appointment of personnel
§ 16.1-69.39:1. Legal service to district court employees and magistrates
§ 16.1-69.40. Powers and duties of clerks; civil liability
§ 16.1-69.40:3. Financial responsibilities of judges and clerks
§ 16.1-69.44. Salaries of judges
§ 16.1-69.45. Salaries of clerks and personnel
§ 16.1-69.46. How salaries payable
§ 16.1-69.47:1. Travel expenses of judges and clerks; how paid
§ 16.1-69.48:1.01. Additional fee assessed for conviction of certain offenses
§ 16.1-69.48:1.02. Additional fee assessed for conviction requiring computer analysis
§ 16.1-69.48:2. Fees for services of district court judges and clerks and magistrates in civil cases
§ 16.1-69.48:3. Fees charged to drug offenders
§ 16.1-69.48:4. Costs generally
§ 16.1-69.48:6. Fees for offenses related to sex trafficking
§ 16.1-69.50. Quarters for court and clerk
§ 16.1-69.51. Books, supplies, etc.; how furnished; Committee to determine form of records
§ 16.1-69.51:1. Display of flags in courtrooms
§ 16.1-69.53. Definitions; construction of references to period of years
§ 16.1-69.54. General provisions
§ 16.1-69.54:1. Request for district court records
§ 16.1-69.55. Retention of case records; limitations on enforcement of judgments; extensions
§ 16.1-69.56. Retention of financial and administrative records