A. The Supreme Court, by rule, shall establish and maintain a judicial performance evaluation program that will provide a self-improvement mechanism for judges and a source of information for the reelection process. By December 1 of each year, the Supreme Court, or its designee, shall transmit a report of the evaluation in the final year of the term of each justice and judge whose term expires during the next session of the General Assembly to the Chairmen of the House Committee for Courts of Justice and the Senate Committee on the Judiciary. Such report shall include the number of cases during the judge's term in which a judge imposed a sentence that is either greater or less than that indicated by the sentencing guidelines and did not file a written explanation of such departure required pursuant to subsection B of § 19.2-298.01. The Virginia Criminal Sentencing Commission shall provide such information to the Supreme Court by November 1.
B. The reporting requirement of this section shall become effective when funds are appropriated for this program and shall apply to the evaluation of any justice or judge who has had at least one interim evaluation conducted during his term. For any judge or justice elected or reelected on or after January 1, 2014, an interim evaluation of each individual justice or judge shall be completed during his term. Such interim evaluation shall be commenced by the judicial performance evaluation program no later than the midpoint of his term.
C. All records created or maintained by or on behalf of the judicial performance evaluation program related to an evaluation of any individual justice or judge are confidential and shall not be disclosed, except that any report provided to the General Assembly pursuant to this section shall be a public record that is open to inspection.
2002, c. 726; 2005, c. 633; 2014, c. 808; 2018, c. 727.
Structure Code of Virginia
Chapter 1 - General Provisions
§ 17.1-100. Judicial performance evaluation program
§ 17.1-101. Time within which a judge may qualify; failure vacates office
§ 17.1-103. Residence requirements of judges
§ 17.1-104. In election by court, votes to be recorded
§ 17.1-105. Designation of judges to hold courts and assist other judges
§ 17.1-106. Temporary recall of retired judges; evaluation
§ 17.1-109. Judges pro tempore
§ 17.1-110. Their appointment and powers
§ 17.1-112. Sheriff to attend court as its officer
§ 17.1-113. Places of holding courts; certain orders and decrees entered elsewhere
§ 17.1-114. When and how changed
§ 17.1-115. How order or warrant making change posted
§ 17.1-116. Change of place or time for holding session of Supreme Court
§ 17.1-117. Certain acts of courts held at improper places confirmed
§ 17.1-118. Display of flags in courtrooms
§ 17.1-119. Courts may adjourn for a period not exceeding thirty days
§ 17.1-120. Adjournment from day to day; effect of failure to sit on day to which adjourned
§ 17.1-121. Effect of change of time or place of court or failure to sit generally
§ 17.1-122. Matters not determined to stand continued
§ 17.1-123. How orders are recorded and signed
§ 17.1-124. Order books; automated systems
§ 17.1-128.1. Recording evidence and incidents of trial in certain misdemeanor cases
§ 17.1-129. Filing date and time to be noted on papers
§ 17.1-130. Execution of judgments and decrees of courts no longer existing