A. The Chief Justice of the Supreme Court may call upon any judge of a district court who is retired under the Judicial Retirement System (§ 51.1-300 et seq.) and who has been found qualified within the preceding three years by the Senate Committee on the Judiciary and the House Committee for Courts of Justice to (i) hear a specific case or cases pursuant to the provisions of § 16.1-69.35 with such designation to continue in effect for the duration of the case or cases or (ii) perform, for a period not to exceed 90 days at any one time, such judicial duties in any district court as the Chief Justice of the Supreme Court shall deem in the public interest for the expeditious disposition of the business of such courts.
B. It shall be the obligation of any retired judge who is recalled to temporary service under this section and who has not attained age 70 to accept the recall and perform the duties assigned. It shall be within the discretion of any judge who has attained age 70 to accept such recall.
C. Any judge recalled to duty under this section shall have all the powers, duties, and privileges attendant on the position he is recalled to serve.
D. Notwithstanding the provisions of subsection A, the Chief Justice may call upon and authorize any judge of a district court whose retirement becomes effective during the interim period between regularly scheduled sessions of the General Assembly to sit in recall either to (i) hear a specific case or cases pursuant to the provisions of § 16.1-69.35, which designation shall continue in effect for the duration of the case or cases, or (ii) perform, for a period of time not to exceed 90 days at any one time, such judicial duties in any district court as the Chief Justice shall deem in the public interest for the expeditious disposition of the business of the courts.
E. All retired district court judges who have requested to sit in recall shall be evaluated during the final year of the three-year period following qualification by the Senate Committee on the Judiciary and the House Committee for Courts of Justice using an evaluation form prepared and distributed by the Office of the Executive Secretary of the Supreme Court of Virginia. An annual report containing the results of such evaluations conducted that year shall be prepared and transmitted to the Senate Committee on the Judiciary and the House Committee for Courts of Justice by the first day of the next regular session of the General Assembly.
1990, c. 832; 2014, c. 776; 2022, c. 532.
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