dcrodriguez/Code-of-Virginia huggingface dataset:
Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 11 (JUVENILE AND DOMESTIC RELATIONS DISTRICT COURTS)
§ 16.1-345.6. Appeal of final order.
A. The minor shall have the right to appeal any final order committing the minor or ordering the minor to mandatory outpatient treatment to the circuit court in the jurisdiction where the minor was committed, hospitalized pursuant to the commitment order, or ordered to mandatory outpatient treatment. Venue shall be in the circuit court having jurisdiction within the territory of the court that issued the final order. The circuit court may transfer the case upon a finding that another forum is more convenient. The appeal shall be heard de novo by the circuit court in accordance with the provisions set forth in this article. Any order of the circuit court shall not extend the period of commitment or mandatory outpatient treatment set forth in the order appealed from.

B. Notice of an appeal shall be filed within 10 days from the date of the order. The appeal shall be given priority over all other pending matters before the circuit court and heard as soon as possible, notwithstanding § 19.2-241 regarding the time within which the court shall set criminal cases for trial. A petition for or the pendency of an appeal shall not suspend any order unless so ordered by the court, however a minor may be released after a petition for or during the pendency of an appeal pursuant to subsection B of § 16.1-346. The clerk of the court from which the appeal is taken shall immediately transmit the record to the clerk of the appellate court. The clerk of the circuit court shall provide written notification of the appeal to the person who initiated the petition under this article in accordance with procedures set forth in § 16.1-112.

C. The juvenile and domestic relations district court shall appoint an attorney and a guardian ad litem to represent any minor desiring to appeal who is not already represented.

2010, cc. 778, 825.
Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 11 (JUVENILE AND DOMESTIC RELATIONS DISTRICT COURTS)
§ 16.1-346. Treatment plans; periodic review of status.
A. Within 10 days of commitment ordered under § 16.1-345, the director of the facility to which the minor was committed shall ensure that an individualized plan of treatment has been prepared by the provider responsible for the minor's treatment and, if applicable, has been communicated to the parent. The minor shall be involved in the preparation of the plan to the maximum feasible extent consistent with his ability to understand and participate, and the minor's family shall be involved to the maximum extent consistent with the minor's treatment needs. The plan shall include a preliminary plan for placement and aftercare upon completion of inpatient treatment and shall include specific behavioral and emotional goals against which the success of treatment may be measured. A copy of the plan shall be provided to the minor, his parents, and, upon request, to his attorney and his guardian ad litem.

B. A minor committed to inpatient treatment shall be discharged from the facility when he no longer meets the commitment criteria as determined by appropriate hospital medical staff review.

1990, c. 975; 1991, c. 159; 2010, cc. 778, 825.
Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 11 (JUVENILE AND DOMESTIC RELATIONS DISTRICT COURTS)
§ 16.1-346.1. Discharge plan.
Prior to discharge of any minor admitted to inpatient treatment, including a minor in detention or shelter care pursuant to an order of a juvenile and domestic relations district court, a discharge plan shall be formulated, provided and explained to the minor, and copies thereof shall be sent (i) to the minor's parents or (ii) if the minor is in the custody of the local department of social services, to the department's director or the director's designee or (iii) to the minor's parents and (a) if the juvenile is to be housed in a detention home upon discharge, to the court in which the petition has been filed and the facility superintendent, or (b) if the minor is in custody of the local department of social services, to the department. A copy of the plan shall also be provided, upon request, to the minor's attorney and guardian ad litem. If the minor was admitted to a state facility, the discharge plan shall be contained in a uniform discharge document developed by the Department of Behavioral Health and Developmental Services. The plan shall, at a minimum, (i) specify the services required by the released minor in the community to meet his needs for treatment, housing, nutrition, physical care, and safety; (ii) specify any income subsidies for which the minor is eligible; (iii) identify all local and state agencies which will be involved in providing treatment and support to the minor; and (iv) specify services which would be appropriate for the minor's treatment and support in the community but which are currently unavailable. A minor in detention or shelter care prior to admission to inpatient treatment shall be returned to the detention home, shelter care, or other facility approved by the Department of Juvenile Justice within 24 hours by the sheriff serving the jurisdiction where the minor was detained upon release from the treating facility, unless the juvenile and domestic relations district court having jurisdiction over the case has provided written authorization for release of the minor, prior to the scheduled date of release.

1991, c. 159; 1995, c. 304; 2005, cc. 346, 716; 2010, cc. 778, 825.

Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 11 (JUVENILE AND DOMESTIC RELATIONS DISTRICT COURTS)
§ 16.1-347. Fees and expenses for qualified evaluators.
Every qualified evaluator appointed by the court to conduct an evaluation pursuant to this article who is not regularly employed by the Commonwealth shall be compensated for fees and expenses as provided in § 37.2-804.

1990, c. 975; 2010, cc. 778, 825.
Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 11 (JUVENILE AND DOMESTIC RELATIONS DISTRICT COURTS)
§ 16.1-348. Availability of judge.
The chief judge of every juvenile and domestic relations district court shall establish and require that a judge be available seven days a week, 24 hours a day, for the purpose of performing the duties established by this article. Such judge shall have the authority to perform the duties established by this article.

1990, c. 975; 2005, c. 716; 2007, cc. 500, 897.
Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 11 (JUVENILE AND DOMESTIC RELATIONS DISTRICT COURTS)
§ 16.1-351. Court order approving standby guardianship; authority; when effective.
Upon consideration of the factors set out in § 20-124.3 and finding that (i) the child's parent is a qualified parent and (ii) appointment of a standby guardian is in the best interest of the child, the court shall appoint a proper and suitable person as standby guardian and, if requested, a proper and suitable person as alternate standby guardian. However, when a petition is filed by a person other than a parent having custody of the child, the standby guardian shall be appointed only with the consent of the qualified parent unless the court finds that such consent cannot be given for medical reasons.

The order shall specify the triggering event and shall provide that the authority of the standby guardian is effective (a) upon receipt by the standby guardian of (1) a determination of incompetence of the parent, (2) a certificate of death of the parent, (3) evidence of the detention, incarceration, or deportation of the parent connected to an immigration action, or (4) the earlier of clause (1), (2), or (3) or (b) if so requested in the petition, upon receipt by the standby guardian of a written consent of the qualified parent and filing of the consent with the court. The written consent shall be executed after the entry of the court order and signed by the qualified parent, or by another in his presence and on his behalf.

As soon as practicable after entry of the order, a copy shall be served on the standby guardian.

A standby guardian shall have the powers and duties of a guardian of the person and a guardian of the property of a minor, unless otherwise specified in the order.

The standby guardian shall file with the court, as soon as practicable but in no event later than 30 days following a parent's death, determination of incompetence, consent, or detention, incarceration, or deportation connected to an immigration action, a copy of the certificate of death, determination of incompetence, consent, or evidence of such detention, incarceration, or deportation of the qualified parent upon which his authority is based. Failure to file within the time specified shall be grounds for the court to rescind the authority of the standby guardian sua sponte or upon petition of any person but all acts undertaken by the standby guardian on behalf of and in the interests of the child shall be valid and enforceable.

1998, c. 829; 2021, Sp. Sess. I, c. 241.
Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 11 (JUVENILE AND DOMESTIC RELATIONS DISTRICT COURTS)
§ 16.1-353. Further proceedings to determine permanent guardianship, custody.
A. If the triggering event was death of the qualified parent, within 90 days following the occurrence of the triggering event or, if later, commencement of the standby guardian's authority, the standby guardian shall (i) petition for appointment of a guardian for the child as otherwise provided by law or (ii) initiate other proceedings to determine custody of the child pursuant to Chapter 6.1 (§ 20-124.1 et seq.) of Title 20, or both.

B. In all other cases a standby guardian shall promptly after occurrence of the triggering event initiate such proceedings to determine permanent custody, absent objection by the qualified parent.

The petition shall be accompanied by:

1. The court order approving or written designation of a standby guardian; and

2. The attending physician's written determination of incompetence or debilitation; a verification of death; or evidence of the parent's detention, incarceration, or deportation in connection with an immigration action.

1998, c. 829; 2021, Sp. Sess. I, c. 241.

Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 11 (JUVENILE AND DOMESTIC RELATIONS DISTRICT COURTS)
§ 16.1-354. Revocation, refusal, termination of standby guardianship.
A. The authority of a standby guardian approved by the court may be revoked by the qualified parent by his filing a notice of revocation with the court. The notice of revocation shall identify the standby guardian or alternate standby guardian to which the revocation will apply. A copy of the revocation shall also be delivered to the standby guardian whose authority is revoked and any alternate standby guardian who may then be authorized to act.

At any time following his approval by the court, a standby guardian approved by the court may decline to serve by filing a written statement of refusal with the court and having the statement personally served on the qualified parent and any alternate standby guardian who may then be authorized to act.

B. When a written designation has been executed, but is not yet effective because the triggering event has not yet occurred, the parent may revoke or the prospective standby guardian may refuse the designation by notifying the other party in writing.

A written designation may also be revoked by the execution of a subsequent inconsistent designation.

C. When a standby guardian's authority is effective upon debilitation or incompetence of the qualified parent, the standby guardian's authority to act on behalf of the parent continues even though the parent is restored to health unless the qualified parent notifies the guardian and, if appropriate, the court, in writing, that the standby guardian's authority is revoked upon such restoration or otherwise.

If at any time the court finds that the parent no longer meets the definition of "qualified parent," the court shall rescind its approval of the standby guardian.

1998, c. 829.
Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 11 (JUVENILE AND DOMESTIC RELATIONS DISTRICT COURTS)
§ 16.1-355. Review of standby guardianship.
A child's parent, stepparent, adult sibling or any adult related to the child by blood, marriage or adoption may petition the court which approved the standby guardian at any time following such approval and prior to any termination of the standby guardianship for review of whether continuation of the standby guardianship is in the best interests of the child. Notice of the filing of a petition shall promptly be given to the standby guardian, the child, if the child is twelve or more years of age, and each parent of the child whose identity and whereabouts are known or could reasonably be ascertained.

1998, c. 829.
Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 11 (JUVENILE AND DOMESTIC RELATIONS DISTRICT COURTS)
§ 16.1-357. Disposition when juvenile found incompetent.
A. Upon finding pursuant to subsection F of § 16.1-356 that the juvenile is incompetent, the court shall order that the juvenile receive services to restore his competency in either a nonsecure community setting or a secure facility as defined in § 16.1-228. A copy of the order shall be forwarded to the Commissioner of Behavioral Health and Developmental Services, who shall arrange for the provision of restoration services in a manner consistent with the order. Any report submitted pursuant to subsection E of § 16.1-356 shall be made available to the agent providing restoration.

B. If the court finds the juvenile incompetent but restorable to competency in the foreseeable future, it shall order restoration services for up to three months. At the end of three months from the date restoration is ordered under subsection A of this section, if the juvenile remains incompetent in the opinion of the agent providing restoration, the agent shall so notify the court and make recommendations concerning disposition of the juvenile. The court shall hold a hearing according to the procedures specified in subsection F of § 16.1-356 and, if it finds the juvenile unrestorably incompetent, shall order one of the dispositions pursuant to § 16.1-358. If the court finds the juvenile incompetent but restorable to competency, it may order continued restoration services for additional three-month periods, provided a hearing pursuant to subsection F of § 16.1-356 is held at the completion of each such period and the juvenile continues to be incompetent but restorable to competency in the foreseeable future.

C. If, at any time after the juvenile is ordered to undergo services under subsection A of this section, the agent providing restoration believes the juvenile's competency is restored, the agent shall immediately send a report to the court as prescribed in subsection E of § 16.1-356. The court shall make a ruling on the juvenile's competency according to the procedures specified in subsection F of § 16.1-356.

1999, cc. 958, 997; 2009, cc. 813, 840.
Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 11 (JUVENILE AND DOMESTIC RELATIONS DISTRICT COURTS)
§ 16.1-358. Disposition of the unrestorably incompetent juvenile.
If, at any time after the juvenile is ordered to undergo services pursuant to subsection A of § 16.1-357, the agent providing restoration concludes that the juvenile is likely to remain incompetent for the foreseeable future, he shall send a report to the court so stating. The report shall also indicate whether, in the agent's opinion, the juvenile should be (i) committed pursuant to Article 16 (§ 16.1-335 et seq.) of this chapter or, if the juvenile has reached the age of eighteen years at the time of the competency determination, pursuant to Article 5 (§ 37.2-814 et seq.) of Chapter 8 of Title 37.2, (ii) certified pursuant to § 37.2-806, (iii) provided other services by the court, or (iv) released. Upon receipt of the report, the court shall make a competency determination according to the procedures specified in subsection F of § 16.1-356. If the court finds that the juvenile is incompetent and is likely to remain so for the foreseeable future, it shall order that the juvenile (i) be committed pursuant to Article 16 (§ 16.1-335 et seq.) of this chapter or, if the juvenile has reached the age of eighteen years at the time of the competency determination, pursuant to Article 5 (§ 37.2-814 et seq.) of Chapter 8 of Title 37.2, (ii) be certified pursuant to § 37.2-806, (iii) have a child in need of services petition filed on his behalf pursuant to § 16.1-260 D, or (iv) be released. If the court finds the juvenile incompetent but restorable to competency in the foreseeable future, it may order restoration services continued until three months have elapsed from the date of the provision of restoration ordered under subsection A of § 16.1-357.

If not dismissed without prejudice at an earlier time, charges against an unrestorably incompetent juvenile shall be dismissed in compliance with the time frames as follows: in the case of a charge which would be a misdemeanor, one year from the date of the juvenile's arrest for such charge; and in the case of a charge which would be a felony, three years from the date of the juvenile's arrest for such charges.

1999, cc. 958, 997; 2000, c. 216.

Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 11 (JUVENILE AND DOMESTIC RELATIONS DISTRICT COURTS)
§ 16.1-359. Litigating certain issues when the juvenile is incompetent.
A finding of incompetency does not preclude the adjudication, at any time before trial, of a motion objecting to the sufficiency of the petition, nor does it preclude the adjudication of similar legal objections which, in the court's opinion, may be undertaken without the personal participation of the juvenile.

1999, cc. 958, 997.
Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 11 (JUVENILE AND DOMESTIC RELATIONS DISTRICT COURTS)
§ 16.1-360. Disclosure by juvenile during evaluation or restoration; use at guilt phase of trial adjudication or disposition hearing.
No statement or disclosure by the juvenile concerning the alleged offense made during a competency evaluation ordered pursuant to § 16.1-356, or services ordered pursuant to § 16.1-357 may be used against the juvenile at the adjudication or disposition hearings as evidence or as a basis for such evidence.

1999, cc. 958, 997.

Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 11 (JUVENILE AND DOMESTIC RELATIONS DISTRICT COURTS)
§ 16.1-361. Compensation of experts.
Each psychiatrist, clinical psychologist, licensed clinical social worker, licensed professional counselor, licensed marriage and family therapist, or other expert appointed by the court to render professional service pursuant to § 16.1-356, shall receive a reasonable fee for such service. With the exception of services provided by state hospitals or training centers, the fee shall be determined in each instance by the court that appointed the expert, in accordance with guidelines established by the Supreme Court after consultation with the Department of Behavioral Health and Developmental Services. If any such expert is required to appear as a witness in any hearing held pursuant to § 16.1-356, he shall receive mileage and a fee of $100 for each day during which he is required to serve. An itemized account of expenses, duly sworn to, must be presented to the court, and when allowed shall be certified to the Supreme Court for payment out of the state treasury, and be charged against the appropriations made to pay criminal charges. Allowance for the fee and for the per diem authorized shall also be made by order of the court, duly certified to the Supreme Court for payment out of the appropriation to pay criminal charges.

1999, cc. 958, 997; 2000, c. 337; 2005, c. 110; 2009, cc. 813, 840; 2012, cc. 476, 507.
Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 2 (COUNTY COURTS [Repealed])
§ 16.1-36. Repealed.
Repealed by Acts 1972, c. 708; 1973, c. 546.
Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 3 (MUNICIPAL COURTS [Repealed])
§ 16.1-52. Repealed.
Repealed by Acts 1972, c. 708; 1973, c. 546.
Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 4 (JOINT OPERATION OF COURTS [Repealed])
§ 16.1-64. Repealed.
Repealed by Acts 1972, c. 708; 1973, c. 546.
Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 4.1 (DISTRICT COURTS)
§ 16.1-69.1. Repealing clause.
All acts and parts of acts, all sections of this Code, and all provisions of municipal charters, inconsistent with the provisions of this title, as amended, are, except as herein otherwise provided, repealed to the extent of such inconsistency.

1972, c. 708; 1973, c. 546.

Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 4.1 (DISTRICT COURTS)
§ 16.1-69.10. Number of judges.
The number of general district court judges and juvenile and domestic relations district court judges, excluding substitute judges, shall be determined as follows:

(a) Judges in office on January 1, 1973, shall be permitted to complete their terms pursuant to § 16.1-69.9;

(b) [Repealed.]

(c) On and after January 1, 1974, the number of judges authorized in each district shall be determined by the General Assembly based on the requirement that all judges whose terms commence on and after July 1, 1980, serve on a full-time basis; and

(d) On and after July 1, 1980, the number of judges authorized in each district by the General Assembly shall be based on the requirement that no district judge whose term commences on or after July 1, 1980, shall be elected to serve in more than one district or to serve both a general district court and juvenile and domestic relations district court in any district; provided, however, that a judge may serve more than one general district court or more than one juvenile and domestic relations district court in one district. The Committee on District Courts shall make a study and report to the General Assembly on or before December 1 of each year on the number of judges needed and the districts for which they should be authorized. If the Committee recommends the creation of an additional judgeship in any district, it shall publish notice of such recommendation in a publication of general circulation among attorneys licensed to practice in the Commonwealth.

1972, c. 708; 1973, c. 546; 1980, c. 194; 1999, c. 319.
Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 4.1 (DISTRICT COURTS)
§ 16.1-69.11. Chief judges; judges; substitute judges.
Judges of the district courts shall be designated as follows:

(a) In each district there shall be one chief general district judge and one chief juvenile and domestic relations district judge who shall serve as such for a term of two years commencing July 1 of the even-numbered years. The chief district judges shall be designated by judges of the district court having jurisdiction in the district. If the designation is to be made by more than one judge and there is a tie vote, then the chief circuit judge having jurisdiction in the district shall make the designation. The incumbent chief judge shall call for an election at the conclusion of the term as chief judge and shall report the results of such election forthwith to the office of the Executive Secretary. The incumbent chief judge may succeed himself;

(b) Each judge, except substitute judges, shall be designated either general district court judge or juvenile and domestic relations district court judge depending on the court he is so designated to serve; the terms "associate judge" and "assistant judge" shall no longer be applicable and wherever such terms appear in the Code of Virginia they shall be deemed to refer to either general district court judges or juvenile and domestic relations court judges as appropriate;

(c) Substitute judges shall continue to be designated as such.

1972, c. 708; 1973, c. 546; 1975, c. 334; 1976, c. 374.

Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 4.1 (DISTRICT COURTS)
§ 16.1-69.11:1. Acting chief judge.
If the chief judge of a district court is unable to perform the duties required by law, the chief judge shall notify the other judges of such district court, or if the chief judge is unable to notify the other judges, the judge longest in continuous service who is available shall provide such notice, and the judge longest in continuous service who is available shall be the acting chief judge, and perform such duties during the chief judge's absence. If two or more judges of such district court have served for the same period, the judge most senior in years shall be the acting chief judge. Upon assuming such duties, the acting chief judge shall immediately notify the Executive Secretary of the Supreme Court and the other judges of such district court.

When the chief judge is able to resume the duties of chief judge, the chief judge shall immediately notify the Executive Secretary and the other judges of such district court, and thereupon shall resume such duties.

2010, cc. 560, 596.
Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 4.1 (DISTRICT COURTS)
§ 16.1-69.12. Limitations on practice of law by judges.
(a) A general district court judge or juvenile and domestic relations district court judge elected as a full-time judge for a term commencing on or after July 1, 1980, shall be prohibited from engaging in the practice of law.

(b) [Repealed.]

(c) Substitute judges shall not appear as counsel in any civil or criminal case arising out of the circumstances which were involved in any other case brought before them.

1972, c. 708; 1973, c. 546; 1980, c. 194.

Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 4.1 (DISTRICT COURTS)
§ 16.1-69.13. Repealed.
Repealed by Acts 2018, c. 164, cl. 2.

Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 4.1 (DISTRICT COURTS)
§ 16.1-69.14. Number of substitute judges.
The number of substitute judges shall be determined as follows:

(a) Substitute judges in office on June 30, 1975, shall be permitted to complete their terms;

(b) Subject to the expiration of such terms, the Committee on District Courts shall determine the number of substitute judges for each district which shall be necessary for the effective administration of justice. In determining the total number of substitute judges authorized for each district, the Committee shall consider, among other factors, the number of full-time and part-time judges serving the district.

1972, c. 708; 1973, c. 546; 1975, c. 334.

Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 4.1 (DISTRICT COURTS)
§ 16.1-69.15. Qualifications of judges.
On and after July 1, 1973, every full-time judge and substitute judge of a district court shall be at the time of his appointment or election a person licensed to practice law in this Commonwealth.

1972, c. 708; 1973, c. 546.

Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 4.1 (DISTRICT COURTS)
§ 16.1-69.16. Residence requirements.
A. Every judge or substitute judge of a district court shall, during his term of office, reside within the boundaries of the district in which he serves as set out in § 16.1-69.6; provided, that judges and substitute judges in office on January 1, 1977, or who are otherwise eligible may continue in office and shall be eligible for reappointment or reelection to successive terms in accordance with the provisions of § 16.1-69.10.

B. Notwithstanding any provision of law to the contrary, the residency requirement set out herein shall not apply to any judge whose residence prior to July 1, 1977, is outside the boundaries of a new district created by § 16.1-69.6, if such judge is a resident in the geographical area which encompassed the prior district. This provision shall also apply to any subsequent term for which he is elected.

C. When the boundary of a judicial district is changed to create a new judicial district, any duly elected or appointed judge of the existing judicial district may continue to serve as judge of the new judicial district if he resides therein.

1972, c. 708; 1973, c. 546; 1977, c. 25; 1991, c. 403.
Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 4.1 (DISTRICT COURTS)
§ 16.1-69.17. Oath of office of judges, clerks and others.
Every judge, substitute judge, clerk, deputy clerk, and juvenile and domestic relations probation officer of a juvenile and domestic relations district court shall, before entering upon the duties of his office, take the oath required by law. The oath of the judge and substitute judge shall be taken before a clerk of a court of record to which appeals from his court lie or any judge, and the oath of the clerk and other officers of the court shall be taken before the judge of the court he serves. Any oath taken before a judge or clerk prior to July 1, 1992, and otherwise conforming with this section is valid.

1972, c. 708; 1973, c. 546; 1992, c. 390; 1992, Sp. Sess., cc. 1, 2.

Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 4.1 (DISTRICT COURTS)
§ 16.1-69.17:1. Time within which a judge may qualify; failure to do so vacates office.
Any district court judge of this Commonwealth may qualify at any time after receiving his commission and before the expiration of thirty days after the commencement of his term of office; but if he fails to receive his commission until after the commencement of his term of office, he may qualify within thirty days from the date of receiving such commission. If a judge fails to qualify as above provided, his office shall be deemed to be vacant.

1976, c. 374.
Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 4.1 (DISTRICT COURTS)
§ 16.1-69.18. Bonds of judges, clerks, and others handling funds.
Before entering upon the performance of his duties every judge, substitute judge, clerk, deputy clerk or other officer or employee of a district court shall enter into bond before the clerk of a circuit court to which appeals from his court lie, except as hereinafter provided. The bond shall be in a penalty and with corporate surety approved by the judge of such appellate court. No such bond shall be in a penalty of less than $3,000, nor more than $75,000, and all such bonds shall be conditioned for the faithful performance of the duties of the principal. The bonds shall be made payable to the Commonwealth and shall be filed with the clerk of such appellate court. Provided, however, that instead of specific bonds being given as stipulated herein, the Committee on District Courts may in their discretion procure faithful performance of duty blanket bonds for any or all of the districts enumerated in § 16.1-69.6 covering the judges, substitute judges, clerks and other personnel of the several district courts included in such districts and within the penalty limits contained in this section, unless in the discretion of the Committee, bonds with a larger maximum penalty should be obtained. Provided further, that in those instances where specific bonds for judges, clerks, deputy clerks or other officers or employees of a district court are in effect, the Committee on District Courts may, whenever they deem it advisable, terminate such specific bonds upon obtaining a blanket bond covering such court personnel with appropriate refund or credit being made for the unearned premiums on the specific bonds being terminated. A copy of any such blanket bond so procured shall be filed with the Division of Risk Management within the Department of Treasury and with the clerk of the respective circuit courts to which appeals from the decisions of the several district courts may lie. The premiums for such bonds shall be paid by the Commonwealth.

1972, c. 708; 1973, c. 546; 1974, c. 3; 1975, c. 334; 2002, c. 406.

Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 4.1 (DISTRICT COURTS)
§ 16.1-69.19. Incompatible offices.
No person shall at the same time hold the office of judge or substitute judge of a district court and the office of magistrate, clerk of a court, sheriff, treasurer, or commissioner of the revenue, or deputy of either of them. A full-time district court judge may not serve as a commissioner of accounts, commissioner in chancery or a marriage celebrant appointed by the circuit court pursuant to § 20-25, nor shall such judge, during his continuance in office, seek or accept any nonjudicial elective office, or hold any other office of public trust or engage in any other incompatible activity. If any judge of a district court shall accept any office for which he is ineligible under this section, such acceptance shall vacate his office as judge of such court.

1972, c. 708; 1973, c. 546; 1976, c. 374; 1993, c. 312.
Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 4.1 (DISTRICT COURTS)
§ 16.1-69.2. Effect of repeal of Title 16 and amendment of Title 16.1.
The repeal of Title 16 effective as of July 1, 1956, and amendment of Title 16.1 effective as of July 1, 1973, shall not affect any act or offense done or committed, or any penalty or forfeiture incurred, or any right established, accrued or accruing on or before such day, or any prosecution, suit or action pending on that day. Every such pending prosecution, suit and action shall be proceeded in, tried and determined in the same court, or in the court which succeeds to or has its jurisdiction, and any further action taken therein shall be valid and effective for all purposes, whether taken by the court in its present or former name or by the judge thereof under his present or former judicial title. All further proceedings therein shall conform, as far as practicable, to the provisions of Title 16.1, as amended.

1956, c. 555; 1972, c. 708; 1973, c. 546.

Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 4.1 (DISTRICT COURTS)
§ 16.1-69.20. Repealed.
Repealed by Acts 1973, c. 546.
Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 4.1 (DISTRICT COURTS)
§ 16.1-69.21. When substitute to serve; his powers and duties.
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.

Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 4.1 (DISTRICT COURTS)
§ 16.1-69.22. Removal of judges and substitute judges.
Any judge or substitute judge of a district court may be removed from office in the manner and for any of the causes prescribed in Chapter 9 (§ 17.1-900 et seq.) of Title 17.1; provided, that substitute judges may be removed from office under the provisions of §§ 24.2-230 through 24.2-238.

1972, c. 708; 1973, c. 546.
Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 4.1 (DISTRICT COURTS)
§ 16.1-69.22:1. Temporary recall of retired district court judges; evaluation.
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 House and Senate Committees 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 House and Senate Committees 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 House and Senate Committees 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.
Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 4.1 (DISTRICT COURTS)
§ 16.1-69.23. In what cases judge disqualified.
If the judge or substitute judge of any district court:

(1) Be a party to an action;

(2) Be interested in the result of any action, otherwise than as resident or taxpayer of the city or county;

(3) Be related to any party to the action as spouse, grandparent, parent, father-in-law, mother-in-law, child, grandchild, son-in-law, daughter-in-law, brother, sister, brother-in-law, sister-in-law, nephew, niece, uncle, aunt, first cousin, guardian or ward;

(4) Be a material witness for either party to the action;

(5) Be counsel for any party to the action;

he shall not take cognizance thereof.

1972, c. 708; 1973, c. 546.

Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 4.1 (DISTRICT COURTS)
§ 16.1-69.24. Contempt of court.
A. A judge of a district court shall have the same powers and jurisdiction as a judge of a circuit court to punish summarily for contempt, but in no case shall the fine exceed $250 and imprisonment exceed 10 days for the same contempt. From any such fine or sentence, there shall be an appeal of right within the period prescribed in this title and to the court or courts designated therein for appeals in other cases, and the proceedings on such appeal shall conform in all respects to the provisions of §§ 18.2-456 through 18.2-459.

B. Any person charged with a felony offense, misdemeanor offense, or released on a summons pursuant to § 19.2-73 or 19.2-74 who fails to appear before any court or judicial officer as required shall not be punished for contempt under this provision but may be punished for such contempt under subdivision A 6 of § 18.2-456.

1972, c. 708; 1973, c. 546; 2000, cc. 164, 185; 2019, c. 708.

Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 4.1 (DISTRICT COURTS)
§ 16.1-69.25. Judge may issue warrants, summons, and subpoenas.
Except as otherwise provided by general law, a judge of a district court may, within the scope of his general jurisdiction, issue warrants, summons, and subpoenas, including subpoenas duces tecum or other process, in civil, traffic and criminal cases, to be returned before his court, and may also issue fugitive warrants and conduct proceedings thereon in accordance with the provisions of §§ 19.2-99 through 19.2-104.

1972, c. 708; 1973, c. 546; 1994, c. 500; 2014, cc. 305, 310.

Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 4.1 (DISTRICT COURTS)
§ 16.1-69.25:1. Judge shall order bill of particulars; time for motion.
Upon request of either party, a judge of a district court may direct the filing of a written bill of particulars at any time before trial and within a period of time specified in the order so requiring. Motions for bills of particulars in criminal cases before general district courts shall be made before a plea is entered and at least seven days before the day fixed for trial.

1980, c. 338; 1998, cc. 482, 495.
Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 4.1 (DISTRICT COURTS)
§ 16.1-69.26. Judges as conservators of the peace.
The judge of each district court having criminal jurisdiction shall be a conservator of the peace within the limits of the territory in which he serves; and if such court is a city court, the judge thereof shall, except as otherwise provided by general law, also be a conservator of the peace for the area extending for one mile beyond the corporate limits of the city.

1972, c. 708; 1973, c. 546.

Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 4.1 (DISTRICT COURTS)
§ 16.1-69.27. Additional powers of judges.
A judge of a district court may take affidavits and administer oaths and affirmations in all matters and proceedings, may issue all appropriate orders or writs, including orders appointing guardians ad litem in all proper cases, in aid of the jurisdiction conferred upon him, and may certify transcripts of the records and proceedings of the court for use elsewhere. But he shall have no authority to take acknowledgments to deeds or other writings for purposes of recordation.

1972, c. 708; 1973, c. 546.

Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 4.1 (DISTRICT COURTS)
§ 16.1-69.28. Commitment of insane, etc., persons.
A judge of a district court shall have and may exercise, concurrently with special justices appointed for the purpose, the jurisdiction conferred by general law upon justices, and special justices in all matters in connection with the adjudication and commitment of incapacitated persons, including drug-addicted and inebriate persons, and the institution and conduct of proceedings thereof. Such proceedings may be had at any place within the jurisdiction of the court over which such judge presides.

1972, c. 708; 1973, c. 546; 1997, c. 801.

Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 4.1 (DISTRICT COURTS)
§ 16.1-69.29. Jurisdiction over certain waters.
Where any river, watercourse or bay lies between any counties or any cities, or any county and city in this Commonwealth, the district courts therein, on each side, respectively, shall have concurrent territorial jurisdiction over so much thereof as shall be opposite to such counties and cities. And such courts for counties or cities lying on the waters bounding the Commonwealth shall have concurrent territorial jurisdiction respectively over such waters opposite such counties and cities, as far as the jurisdiction of this Commonwealth extends. But this section shall not apply to the City of Richmond.

1972, c. 708; 1973, c. 546; 2005, cc. 45, 114.
Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 4.1 (DISTRICT COURTS)
§ 16.1-69.29:1. Certain information to be made available to certain defendants found not guilty.
In any case in which a defendant is found not guilty of any offense after a trial in a general district court at which evidence of the defendant's mental condition at the time of the alleged offense was introduced in accordance with § 19.2-271.6, the court shall make available to the defendant information provided by the community services board in accordance with § 37.2-513 regarding services provided by the community services board and how such services may be accessed.

2023, cc. 217, 218.

Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 4.1 (DISTRICT COURTS)
§ 16.1-69.3. Certain notices, recognizances and processes validated.
Any notice given, recognizance taken, or process or writ issued before July 1, 1973, shall be valid although given, taken or to be returned to a day after such date, or to a court established by this title or the clerk's office thereof, in like manner as if this title, as amended, had been effective before the same was given, taken or issued.

1956, c. 555; 1972, c. 708; 1973, c. 546.

Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 4.1 (DISTRICT COURTS)
§ 16.1-69.30. District system within unified court system.
The district court system shall be within the unified court system of the Commonwealth subordinate to the Supreme Court and subject to the administrative supervision of the Chief Justice of the Supreme Court.

1972, c. 708; 1973, c. 546.

Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 4.1 (DISTRICT COURTS)
§ 16.1-69.31. The duties of the Judicial Council.
The duties of the Judicial Council with respect to the district court system shall include those set forth in §§ 16.1-69.6 through 16.1-69.12, and such other duties as may be assigned to the Council by law.

1972, c. 708; 1973, c. 546; 2018, c. 164.

Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 4.1 (DISTRICT COURTS)
§ 16.1-69.32. Rules.
The Supreme Court may formulate rules of practice and procedure for the general district courts and juvenile and domestic relations district courts following consultation with the Chairmen of the House and Senate Committees for Courts of Justice and the executive committee of the Judicial Conference of Virginia for District Courts. Such rules, subject to the strict construction of the provisions of § 8.01-3, which shall be the only rules of practice and procedure in all the district courts in the Commonwealth, shall be included in the Code of Virginia as provided in § 8.01-3, subject to revision by the General Assembly.

1972, c. 708; 1973, c. 546; 1975, c. 334; 1976, c. 306.
Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 4.1 (DISTRICT COURTS)
§ 16.1-69.32:1. Substitution of counsel.
Except in case of court-appointed counsel, no rule of court shall be made or construed so as to preclude substitution of counsel in civil and criminal cases in the district courts, nor shall any order or appearance in person, be required, to relieve original counsel of his duties in any such case. It shall be sufficient that new counsel represents to the court that the substitution is made pursuant to agreement by the parties represented and original counsel.

1980, c. 434.
Code of Virginia — Title 16.1 (Courts Not of Record), Chapter 4.1 (DISTRICT COURTS)
§ 16.1-69.34. Reserved.
Reserved.