reglab/statecodes huggingface dataset:
2023 Code of Virginia › Title 17.1 - Courts of Record › Chapter 6 - Costs Generally › § 17.1-604. Costs in appellate courts

In every case in the Supreme Court or the Court of Appeals, costs shall be recovered in such court by the party substantially prevailing.
Code 1950, § 14-178; 1964, c. 386, § 14.1-181; 1971, Ex. Sess., c. 156; 1988, c. 525; 1998, c. 872.
2023 Code of Virginia › Title 17.1 - Courts of Record › Chapter 6 - Costs Generally › § 17.1-605. Same; printing or otherwise reproducing brief and appendix

Any party in whose favor costs are allowed in the Supreme Court shall have taxed as part of the costs the actual cost incurred by him in printing or otherwise any brief filed with the Court, not to exceed $500 for all briefs filed and the actual cost incurred by him in printing or otherwise reproducing the appendix containing parts of the record filed with the Court, except that the Court for good cause may direct that such party shall recover less than the entire cost incurred by him in printing or otherwise reproducing (i) briefs filed by him (even though less than $500) or (ii) the appendix.
Code 1950, § 14-179; 1958, c. 601; 1964, c. 386, § 14.1-182; 1970, c. 250; 1971, Ex. Sess., c. 156; 1972, c. 856; 1998, c. 872; 2010, c. 343.
2023 Code of Virginia › Title 17.1 - Courts of Record › Chapter 6 - Costs Generally › § 17.1-606. Persons allowed services without fees or costs

A. Any person who is (i) a plaintiff in a civil action in a court of the Commonwealth and a resident of the Commonwealth or (ii) a defendant in a civil action in a court of the Commonwealth, and who is on account of his poverty unable to pay fees or costs, may be allowed by a court to sue or defend a suit therein, without paying fees or costs; whereupon he shall have, from any counsel whom the court may assign him, and from all officers, all needful services and process, without any fees, except what may be included in the costs recovered from the opposite party.
B. In determining a person's inability to pay fees or costs on account of his poverty, the court shall consider whether such person is a current recipient of a state or federally funded public assistance program for the indigent or is represented by a legal aid society, subject to § 54.1-3916, including an attorney appearing as counsel, pro bono, or assigned or referred by a legal aid society. If so, such person shall be presumed unable to pay such fees or costs. Except in the case of a no-fault divorce proceeding under subdivision A (9) of § 20-91, such presumption shall be rebuttable where the court finds that a more thorough examination of the person's financial resources is necessary.
C. If a person claims indigency but is not presumptively unable to pay under subsection B, or a court, where applicable, finds that a more thorough examination of the financial resources of the petitioner is needed, the court shall consider:
1. The net income of such person, which shall include his total salary and wages, less deductions required by law and tax withholdings;
2. Such person's liquid assets, including all cash on hand as well as assets in checking, savings, and similar accounts; and
3. Any exceptional expenses of such person and his dependents, including costs for medical care, family support obligations, and child care payments.
The available funds of the person shall be calculated as the sum of his total income and liquid assets less exceptional expenses as provided in subdivision 3. If the available funds are equal to or less than 125 percent of the federal poverty income guidelines prescribed for the size of the household of such person by the federal Department of Health and Human Services, he shall be presumed unable to pay. The Supreme Court of Virginia shall be responsible for distributing to all courts the annual updates of the federal poverty income guidelines made by the Department.
Code 1950, § 14-180; 1964, c. 386, § 14.1-183; 1972, c. 839; 1987, c. 197; 1998, c. 872; 2017, cc. 226, 227; 2019, cc. 411, 730; 2020, c. 654.
2023 Code of Virginia › Title 17.1 - Courts of Record › Chapter 6 - Costs Generally › § 17.1-607. Security for costs upon suit by nonresident

In any suit or action, except when an indigent is plaintiff, there may be a suggestion on the record in court, or, if the case be at rules, on the rule docket, by a defendant, or any officer of the court, that the plaintiff is not a resident of this Commonwealth and the security is required of him. After sixty days from such suggestion, the suit or action shall, by order of the court, be dismissed, unless, before the dismissal, it is proven that plaintiff is a resident of the Commonwealth or security be given before the court, or its clerk, for the payment of the costs and damages in the court in which the suit or action is instituted which may be awarded to the defendant, and of the fees due, or to become due, in such suit or action to the officers of the court. The security shall be by bond, payable to the Commonwealth, but there need only be one obligor therein, if he be sufficient and a resident of the Commonwealth. The court before whom, or before whose clerk, such bond is given, may, on motion by a defendant or officer, give judgment for so much as he is entitled to by virtue of such bond.
Code 1950, § 14-182; 1964, c. 386, § 14.1-185; 1998, c. 872.
2023 Code of Virginia › Title 17.1 - Courts of Record › Chapter 6 - Costs Generally › § 17.1-608. How obligor in such bond may obtain indemnity

On the motion of an obligor in such bond, after reasonable notice to the plaintiff, his attorney-at-law or agent, the court may order bond to be given, with sufficient surety, in a penalty equal to the penalty of the former bond, payable to the applicant and with condition to indemnify and save harmless the applicant against all loss or damage, in consequence of executing the former bond. If the bond required under this section is not given within such time as the court may prescribe, it may order the suit to be dismissed.
Code 1950, § 14-183; 1964, c. 386, § 14.1-186; 1998, c. 872.
2023 Code of Virginia › Title 17.1 - Courts of Record › Chapter 6 - Costs Generally › § 17.1-609. Costs on certain motions and interlocutory orders

Upon any motion, other than for a judgment for money, or upon any interlocutory order or proceeding, the court may give or refuse costs, at its discretion, unless otherwise provided. It may, when a demurrer is sustained to a plea in abatement, give judgment for the plaintiff for his full costs, to the time of sustaining it, an attorney's fee only excepted; and when any other part of the pleading is adjudged insufficient, order all costs occasioned by such insufficient pleading to be paid by him who committed the fault.
Code 1950, § 14-184; 1964, c. 386, § 14.1-187; 1998, c. 872.
2023 Code of Virginia › Title 17.1 - Courts of Record › Chapter 6 - Costs Generally › § 17.1-610. Payment of costs when new trial granted

The party to whom a new trial is granted shall, prior to such new trial, pay the costs of the former trial, unless the court enter that the new trial is granted for misconduct of the opposite party, who, in such case, may be ordered to pay any costs which seem to the court reasonable. Such costs shall include the allowances to witnesses as provided in § 17.1-612. If the party who is to pay the costs of the former trial fails to pay the same at or before the next term after the new trial is granted, the court may, on the motion of the opposite party, set aside the order granting it, and proceed to judgment on the verdict or award execution for the costs, whichever seems best.
Code 1950, § 14-185; 1962, c. 227; 1964, c. 386, § 14.1-188; 1998, c. 872.
2023 Code of Virginia › Title 17.1 - Courts of Record › Chapter 6 - Costs Generally › § 17.1-611. Allowances to witnesses for Commonwealth

All witnesses summoned for the Commonwealth shall be entitled to receive for each day's attendance all necessary tolls, and such reimbursement for his daily mileage as prescribed in § 2.2-2823. All allowances to witnesses summoned on behalf of the Commonwealth shall be paid by the treasurer of the county or corporation in which the trial is held or in which the grand jury is summoned and the amount so paid by such treasurer shall be refunded to him out of the state treasury, on a certificate of the clerk of the court in which the trial was held or before which the grand jury was summoned.
Code 1950, § 14-186; 1954, c. 709; 1964, c. 386, § 14.1-189; 1972, c. 719; 1976, c. 308; 1977, c. 483; 1998, c. 872.
2023 Code of Virginia › Title 17.1 - Courts of Record › Chapter 6 - Costs Generally › § 17.1-612. Allowances to other witnesses

A person attending as a witness under a summons not covered by § 17.1-611, whether he is a witness from within or without the Commonwealth, shall be reimbursed for his daily mileage as prescribed in § 2.2-2823, and expenses for the tolls. On his oath an entry of the sum he is entitled to and for what and by what party it is to be paid shall be made: (i) by the clerk of either house or a committee of the General Assembly when the attendance is before such house or committee and (ii) in other cases by the clerk of the court in which the case is or the person before whom the witness attended. When the attendance was on behalf of the Commonwealth before a court, the entry shall be made upon the minutes of the court in which the case is docketed. A witness from outside the Commonwealth in any civil action may be allowed the same mileage and attendance fee as any other witness in any such action. However, no sums for attendance and mileage shall be allowed a witness from outside the Commonwealth, in any civil action, unless the judge of the court determines and certifies that the witness is a material witness in the matter for which he appeared. The court may allow such mileage and attendance fee or any portion thereof as the court may determine to be reasonable under the circumstances of the case. A witness summoned to attend in several cases may have the entry made against either of the parties by whom he is summoned, but no witness shall be allowed reimbursement for his attendance in more than one case at the same time. Every witness who qualifies as an expert witness, when compelled to attend and testify, shall be allowed such compensation and mileage as the court may, if requested in its discretion, order without regard to any limitation described above, but the same shall be paid by the party in whose behalf he shall testify.
Code 1950, § 14-187; 1952, c. 701; 1954, c. 709; 1962, c. 227; 1964, c. 386, § 14.1-190; 1966, c. 671; 1972, c. 719; 1976, c. 308; 1977, c. 483; 1998, c. 872.
2023 Code of Virginia › Title 17.1 - Courts of Record › Chapter 6 - Costs Generally › § 17.1-613. By whom and upon what certificate allowances to witnesses paid

The sum to which a witness is entitled shall be paid out of the state treasury in any case of attendance before either house or a committee of the General Assembly and in any other case in which the attendance is for the Commonwealth except when it is otherwise specially provided. In all other cases it shall be paid by the party for whom the summons issued. The payment shall be on a certificate of the person required by § 17.1-612 to make the entry or the clerk of the court in whose minutes the entry is made. The certificate shall express by letters and not by figures the separate amount to which the witness is entitled for his attendance, traveling, and tolls which he may have to pay and the aggregate thereof. No clerk or other person authorized to make such entry or give such certificate shall become interested by purchase in any claim payable out of the state treasury which by law he is authorized to certify.
Code 1950, § 14-188; 1964, c. 386, § 14.1-191; 1998, c. 872.
2023 Code of Virginia › Title 17.1 - Courts of Record › Chapter 6 - Costs Generally › § 17.1-614. List of entries made on behalf of witnesses

The clerk shall, immediately after the adjournment of any court, make out two lists of all entries made on behalf of witnesses attending for the Commonwealth, and certify one to the Supreme Court and the other to the county or city treasurer, to which lists shall be attached a certificate to the correctness of the allowances therein and the aggregate amount thereof signed by the judge of the court and by the clerk. Any dispute before or after issuing the certificate between the witness and the party against whom his claim is made as to its justice or amount may, when the case is in a court, be determined by such court. The Comptroller shall not issue a warrant for any claim allowed by a court to a witness unless it appears upon the list certified as herein provided, and, upon the payment of any such claim, the date of approval by the Supreme Court shall be noted on such list.
Code 1950, § 14-189; 1964, c. 386, § 14.1-192; 1978, c. 195; 1998, c. 872.
2023 Code of Virginia › Title 17.1 - Courts of Record › Chapter 6 - Costs Generally › § 17.1-615. Time within which witnesses may be paid out of state treasury

No payment out of the state treasury shall be made to witnesses unless their claims are presented within two years from the time of rendering the service.
Code 1950, § 14-190; 1964, c. 386, § 14.1-193; 1998, c. 872.
2023 Code of Virginia › Title 17.1 - Courts of Record › Chapter 6 - Costs Generally › § 17.1-616. Restriction of costs for witnesses generally; when entry for witness not allowed

The court may restrict the taxation in the costs for witnesses to so many as may be deemed just. No entry for a witness shall be made against a party recovering costs, after execution has issued for such party. In no case shall there be an entry of a witness for attendance at a term, after sixty days from the end of such term.
Code 1950, § 14-191; 1964, c. 386, § 14.1-194; 1998, c. 872.
2023 Code of Virginia › Title 17.1 - Courts of Record › Chapter 6 - Costs Generally › § 17.1-617. Number of witnesses paid fees in criminal cases

Not more than the maximum number of witnesses provided for herein shall be paid out of the state treasury in criminal cases.
The maximum number that may be (i) caused to be summoned by an attorney for the Commonwealth in any one case to go before a grand jury -- five; (ii) used before a court not of record in the trial of any criminal case -- five; and (iii) caused to be summoned by an attorney for the Commonwealth for the trial of any criminal case -- ten.
Nothing herein shall be construed to limit (i) the number of witnesses that may be authorized by any court or the judge thereof to be used when the necessity for additional witnesses appears to the court or judge and the consent of the court or judge is first obtained or (ii) the number of witnesses that a grand jury may of its own motion summon.
Code 1950, § 14-192; 1964, c. 386, § 14.1-195; 1998, c. 872.
2023 Code of Virginia › Title 17.1 - Courts of Record › Chapter 6 - Costs Generally › § 17.1-618. Allowances for jurors; expenses of keeping jury together; fees of jury commissioners and commissioner in chancery for drawing of juries

Every person summoned as a juror in a civil or criminal case shall be entitled to $50 for each day of attendance upon the court for expenses of travel incident to jury service and other necessary and reasonable costs as the court may direct. Jurors summoned from another political subdivision pursuant to § 8.01-363 may be allowed by the court, in addition to the above allowance, their actual expenses. When kept together overnight under the supervision of the court, the jurors and the sheriff or his deputies keeping the jury shall be furnished suitable board and lodging. Reimbursement for board and lodging shall be set by the judge in an amount not to exceed the amount authorized by travel regulations promulgated pursuant to § 2.2-2823. Allowances and other costs will be allowed a juror in only one case the same day.
Every person serving as a jury commissioner and every person serving as a commissioner in chancery for the drawing of juries for a circuit court of this Commonwealth may be allowed, by the court appointing him, a fee not exceeding $50 per day for the time actually engaged in such work and such other necessary and reasonable costs as the court may direct.
Code 1950, § 8-208.33; 1954, c. 709; 1958, cc. 216, 303; 1960, c. 366; 1964, c. 268, § 14.1-195.1; 1968, c. 632; 1969, Ex. Sess., c. 20; 1972, c. 719; 1973, c. 439; 1974, c. 220; 1975, c. 193; 1976, c. 308; 1977, c. 624; 1978, c. 230; 1980, cc. 593, 594; 1982, c. 610; 1983, c. 495; 1984, c. 512; 1993, cc. 345, 635; 1996, c. 332; 1998, c. 872; 2023, cc. 232, 233.
2023 Code of Virginia › Title 17.1 - Courts of Record › Chapter 6 - Costs Generally › § 17.1-619. How jurors paid

A. The compensation and allowances of persons attending the court as jurors in all felony cases shall be paid by the Commonwealth. Jurors in misdemeanor cases shall be paid by the Commonwealth unless the charge is written on a local warrant or summons, in which case the jurors shall be paid by the political subdivision in which the summons is issued. Jurors in all civil cases shall be paid by the political subdivision in which the summons is issued. Payment in all cases shall be by negotiable check, warrant, cash, credit to a prepaid debit card or card account from which the juror is able to withdraw or transfer funds, or electronic transfer upon the Commonwealth, or the political subdivision, as the case may be. If payment is made by credit to a prepaid debit card or card account from which the juror is able to withdraw or transfer funds, such card or card account shall permit the juror to withdraw or transfer funds without incurring any fee for such withdrawal or transfer.
When, during the same day any juror is entitled to compensation from both the Commonwealth and from the political subdivision in which he has served, the court shall divide the pay for such day between the Commonwealth and the political subdivision. It shall be the duty of the sheriff at the term of the court during which an allowance is made or has been made under this section, to furnish the clerk of the court with a statement showing the number and names of the jurors in attendance upon the court.
B. A county or city may provide by local ordinance that a juror may direct in writing that compensation due him be paid to the court service unit or to any other agency, authority or organization which is ancillary to and provides services to the courts of the county or city.
Code 1950, § 8-208.34; 1954, c. 709; 1958, c. 303; 1960, c. 366; 1968, c. 632, § 14.1-195.2; 1969, Ex. Sess., c. 20; 1972, c. 719; 1973, c. 739; 1974, c. 208; 1975, c. 193; 1977, c. 624; 1982, c. 610; 1991, c. 78; 1998, c. 872; 2005, c. 173; 2017, c. 799.
2023 Code of Virginia › Title 17.1 - Courts of Record › Chapter 6 - Costs Generally › § 17.1-620. When juror not entitled to compensation

No person shall be entitled to receive any compensation for service as a juror if he departs without the leave of the court, or, being summoned as a witness for the Commonwealth, charges for his attendance as such.
Code 1950, § 8-208.35; 1973, c. 439, § 14.1-195.3; 1977, c. 624; 1998, c. 872.
2023 Code of Virginia › Title 17.1 - Courts of Record › Chapter 6 - Costs Generally › § 17.1-621. Clerk to make entry on minutes stating amount due and by whom payable

The clerk of any court in which juries are impaneled shall, before its final adjournment at each term, and under the direction of the court, make an entry upon its minutes stating the amount to which each juror is entitled for his services or attendance during the term, and specifying how much is payable by the Commonwealth, and how much by the political subdivision.
Code 1950, § 8-208.36; 1973, c. 439, § 14.1-195.4; 1977, c. 624; 1998, c. 872.
2023 Code of Virginia › Title 17.1 - Courts of Record › Chapter 6 - Costs Generally › § 17.1-622. Clerk to transmit orders making allowances to Supreme Court, treasurer and jurors

Such clerk shall immediately, after the adjournment of the court, transmit to the Supreme Court a list of all orders under § 17.1-621 making allowances against the Commonwealth, and to the treasurer of the political subdivision a list of all such orders making allowances against the political subdivision, with a certificate to the correctness of the list and the aggregate amount thereof annexed thereto and signed by the judge of the court and himself, and such clerk shall also deliver to each juror copies of any orders making an allowance to him, whether the same be payable by the Commonwealth or by the political subdivision.
Code 1950, § 8-208.37; 1973, c. 439, § 14.1-195.5; 1977, c. 624; 1978, c. 195; 1998, c. 872.
2023 Code of Virginia › Title 17.1 - Courts of Record › Chapter 6 - Costs Generally › § 17.1-623. Payment of allowances

The treasurer of such political subdivision shall upon demand pay to such juror the amount allowed him by negotiable check, cash, or electronic transfer which shall be repaid to such treasurer out of the public treasury or out of the political subdivision levy, as the case may be, upon the production of satisfactory proof that the same has been actually paid by him. But such treasurer shall not be repaid any allowance made against the Commonwealth unless it appear on the list directed to be sent to the Supreme Court. No such allowance shall be paid unless presented within two years from the time of rendering the service.
Code 1950, § 8-208.38; 1973, c. 439, § 14.1-195.6; 1975, c. 193; 1977, c. 624; 1978, c. 195; 1998, c. 872; 2005, c. 173.
2023 Code of Virginia › Title 17.1 - Courts of Record › Chapter 6 - Costs Generally › § 17.1-624. Who to tax costs

The clerk of the court wherein any party recovers costs shall tax the same.
Code 1950, § 14-193; 1952, c. 616; 1954, c. 99; 1964, c. 386, § 14.1-196; 1984, c. 703; 1998, c. 872; 2014, c. 315.
2023 Code of Virginia › Title 17.1 - Courts of Record › Chapter 6 - Costs Generally › § 17.1-626. Other items to be taxed in costs

The clerk shall tax in the costs all taxes on process, and all fees of officers which the party appears to be chargeable with in the case wherein the recovery is, except that when in any court, on the same side, more than one copy of anything is obtained or taken out, there shall be taxed only the fee for one copy of the same thing. He shall also tax the costs of executing any order of publication made in the case for such party and of any advertisement from him in the case, made in pursuance of law, allowing the amount charged by the publisher, provided such publisher shall file with his certificate of publication or account a printed copy of his fixed rates of advertising, and his charge shall not exceed them, and the allowances to his witnesses, and every further sum which the court may deem reasonable and direct to be taxed for depositions taken out of the Commonwealth, or for any other matter.
Code 1950, § 14-195; 1964, c. 386, § 14.1-198; 1994, c. 432; 1998, c. 872.
2023 Code of Virginia › Title 17.1 - Courts of Record › Chapter 6 - Costs Generally › § 17.1-626.1. Recovery of costs in civil actions for bad checks

A. In any civil action by a holder to recover the sum payable of a check drawn by the defendant on which payment has been refused by the payor bank because the drawer had no account or insufficient funds, or in any civil action following an arrest under § 18.2-181 or 18.2-182, the court, upon a determination that the plaintiff has prevailed, shall add the following amounts, as costs, to the amount due to the plaintiff for the check: (i) the sum of $30 to defray the cost of processing the returned check; and (ii) the base wage of one employee for time actually spent acting as a witness for the Commonwealth; provided, however, that the total amount of allowable costs granted under the provisions of this section shall not exceed the sum of $250 excluding restitution for the amount of the check.
B. Such award of costs shall be contingent upon a finding (i) that the plaintiff complied with the provisions in § 18.2-183 relating to notice and (ii) that the defendant failed to deliver payment or evidence of bank error to the plaintiff within five days after receipt of such notice.
1977, c. 329, § 6.1-118.1; 2010, cc. 343, 794.
2023 Code of Virginia › Title 17.1 - Courts of Record › Chapter 6 - Costs Generally › § 17.1-627. Premium on indemnifying bond taxed as costs

In case of any attachment or any levy pursuant to a judgment, where the attaching or judgment creditor is required to give bond to indemnify and save harmless the officer executing such attachment or levy, the clerk shall tax in the costs of the proceeding wherein such attachment is had or judgment is entered the reasonable cost of such bond, such costs to be recovered as provided in § 17.1-601.
Code 1950, § 14-195.1; 1954, c. 470; 1964, c. 386, § 14.1-199; 1998, c. 872.
2023 Code of Virginia › Title 17.1 - Courts of Record › Chapter 6 - Costs Generally › § 17.1-628. Judgment or decree for costs on behalf of Commonwealth; costs to be paid into state treasury

In a case wherein there is judgment or decree on behalf of the Commonwealth for costs, there shall be taxed in the costs the charge actually incurred to give any notice, although it be more than fifty cents; and the fees of attorneys and other officers for services, and allowances for attendance, as if such fees and allowances were payable out of the state treasury. What is so taxed for fees of, or allowance to, any person, shall be paid by the sheriff or officer who may receive such costs into the state treasury.
Code 1950, § 14-196; 1964, c. 386, § 14.1-200; 1998, c. 872.
2023 Code of Virginia › Title 17.1 - Courts of Record › Chapter 6 - Costs Generally › § 17.1-629. No judgment for costs against Commonwealth; exception

In no case, civil or criminal, whether in a court of record or a court not of record, except when otherwise specially provided, shall there be a judgment for costs against the Commonwealth.
Code 1950, § 14-197; 1964, c. 386, § 14.1-201; 1998, c. 872.
2023 Code of Virginia › Title 17.1 - Courts of Record › Chapter 7 - Judicial Policy-Making Bodies › § 17.1-700. Composition of Council; committees

The Judicial Council shall be established in the judiciary branch of state government and composed of 14 members consisting of the Chief Justice of the Supreme Court, one judge of the Court of Appeals, six circuit court judges, one general district court judge, one juvenile and domestic relations district court judge, two attorneys qualified to practice in the Supreme Court, and the Chairman of the House Committee for Courts of Justice and the Chairman of the Senate Committee on the Judiciary or their designees who shall be members of the Courts of Justice committees. The Council may appoint committees to aid it in the performance of its duties, and members of such committees need not be members of the Council.
1930, p. 788, § 17-222; Michie Code 1942, § 6571f; 1968, c. 387; 1972, c. 708; 1973, c. 546; 1984, c. 703; 1987, c. 141; 1998, c. 872; 2004, c. 1000; 2008, c. 115.
2023 Code of Virginia › Title 17.1 - Courts of Record › Chapter 7 - Judicial Policy-Making Bodies › § 17.1-701. Appointment and terms of members

The Chief Justice of the Supreme Court and the legislative members shall serve terms coincident with their terms of office. The other members of the Council shall be appointed by the Chief Justice of the Supreme Court, to serve for four years, or at his pleasure. No member appointed by the Chief Justice shall be eligible to serve more than two consecutive terms. Vacancies occurring other than by expiration of a term shall be filled for the unexpired term. Vacancies shall be filled in the same manner as the original appointments. The remainder of any term to which a member is appointed to fill a vacancy shall not constitute a term in determining the member's eligibility for reappointment.
1930, p. 789, § 17-223; Michie Code 1942, § 6571f; 1980, c. 177; 1998, c. 872; 2004, c. 1000.
2023 Code of Virginia › Title 17.1 - Courts of Record › Chapter 7 - Judicial Policy-Making Bodies › § 17.1-702. Meetings of Council and committees

The Chief Justice, or, in case of his inability to do so, one of the other justices of the Supreme Court, shall summon the Council to meet at Richmond during the month of October in each year, and at such other times and places as the Chief Justice, or such other justice, may designate. If any member, when so summoned, shall for any cause be unable to attend, he shall promptly notify the justice who issued the summons, of such fact, and such justice shall thereupon summon some other person possessing similar qualifications to attend and act in his stead.
Each member or other person, when so summoned, shall attend and remain throughout the proceedings of the Council, unless excused by the presiding officer, and shall advise as to any matters in respect to which, in his opinion, the administration of justice in the courts of this Commonwealth may be improved.
The Chief Justice or, in case of his inability to do so, one of the other justices of the Supreme Court, may summon the chairman or members of any committee to meet at such time and place as the Chief Justice, or such other justice, may designate.
1930, p. 789, § 17-224; Michie Code 1942, § 6571g; 1966, c. 23; 1968, c. 387; 1998, c. 872.
2023 Code of Virginia › Title 17.1 - Courts of Record › Chapter 7 - Judicial Policy-Making Bodies › § 17.1-703. Presiding officer; study of procedure

The Chief Justice of the Supreme Court, or the other justice summoning the Council, shall be its presiding officer.
The Council shall, during each of its meetings, make a continuous study of the organization and the rules and methods of procedure and practice of the judicial system of the Commonwealth, the work accomplished and the results produced by the system and its various parts; and shall make studies of the need, or lack of need, of additional judges or justices of the Supreme Court of Virginia, the Court of Appeals of Virginia, and the circuit courts.
On the request of the presiding officer, the Attorney General shall attend the Council and confer with the members thereof, more particularly on the Commonwealth's business in the courts, and for the purpose of devising methods for the prevention of undue delay in the trial of such cases.
1930, p. 789, § 17-225; Michie Code 1942, § 6571h; 1968, c. 387; 1991, c. 406; 1995, c. 41; 1998, c. 872.
2023 Code of Virginia › Title 17.1 - Courts of Record › Chapter 7 - Judicial Policy-Making Bodies › § 17.1-704. Expenses; Secretary and assistants; printing

Each member of the Council shall serve without compensation, and each member of the Council and of its committees summoned and attending its meetings shall be reimbursed for all reasonable and necessary expenses in the performance of his duties as provided in §§ 2.2-2813 and 2.2-2825. Funding for the costs of expenses of the members shall be paid by the Virginia Supreme Court. As provided by § 17.1-315 the Executive Secretary of the Supreme Court shall be the Secretary of the Judicial Council. The Council may engage such consultants or other assistants as it deems necessary for the performance of its duties.
1930, p. 789, § 17-226; Michie Code 1942, § 6571i; 1964, c. 9; 1968, c. 387; 1973, c. 544; 1998, c. 872; 2004, c. 1000.
2023 Code of Virginia › Title 17.1 - Courts of Record › Chapter 7 - Judicial Policy-Making Bodies › § 17.1-705. Report and recommendations

A report of the proceedings of the Council shall be made to the General Assembly and to the Supreme Court, with such recommendations as may be agreed upon. However, this authority to make recommendations shall in no event be construed to establish rules for the judicial system of the Commonwealth.
1930, p. 789, § 17-227; Michie Code 1942, § 6571i; 1991, c. 406; 1998, c. 872.
2023 Code of Virginia › Title 17.1 - Courts of Record › Chapter 7 - Judicial Policy-Making Bodies › § 17.1-705.1. Civil immunity for investigation of commissioners of accounts, etc.

All members of the Standing Committee on Commissioners of Accounts of the Judicial Council of Virginia shall be immune from civil liability for, or resulting from, any act, decision, omission, communication, finding, opinion or conclusion done or made in connection with the investigation of complaints against any commissioner of accounts, assistant commissioner of accounts or deputy commissioner of accounts, if such act, decision, omission, communication, finding, opinion or conclusion is done in good faith and without malicious intent.
2004, c. 976.
2023 Code of Virginia › Title 17.1 - Courts of Record › Chapter 7 - Judicial Policy-Making Bodies › § 17.1-705.2. Days when circuit courts shall be open

Subject to §§ 2.2-3300 and 17.1-207, the Judicial Council may determine when the circuit courts of the Commonwealth shall be open for business. Any closing of the circuit courts pursuant to this section shall have the same effect as provided in subsection B of § 1-210.
2016, cc. 237, 548.
2023 Code of Virginia › Title 17.1 - Courts of Record › Chapter 7 - Judicial Policy-Making Bodies › § 17.1-706. Establishment and membership

There is hereby established the Judicial Conference of Virginia, which shall have as its active members the Chief Justice and justices of the Supreme Court of Virginia, the chief judge and judges of the Court of Appeals, all other judges of the circuit courts of the Commonwealth and all retired justices and judges of such courts. The honorary membership shall consist of the Attorney General of Virginia, the Chairman of the House Committee for Courts of Justice or his designee and the Chairman of the Senate Committee on the Judiciary or his designee who shall be members of the Courts of Justice committees, the president and secretary of the Virginia State Bar, the president and secretary of the Virginia Bar Association, the president and secretary of the Virginia Trial Lawyers Association, the president and secretary of the Virginia Association of Defense Attorneys, the president and secretary of the Old Dominion Bar Association, the president and secretary of the Virginia Association of Commonwealth's Attorneys, the president and secretary of the Virginia Women Attorneys Association, the president and secretary of the Virginia Association of Criminal Defense Lawyers, the deans of the law schools of The College of William and Mary in Virginia, University of Richmond, University of Virginia, Washington and Lee University, George Mason University, Regent University, Liberty University, and the Appalachian School of Law, and the two attorneys appointed by the Chief Justice of the Supreme Court as members of the Judicial Council. The honorary members shall not have voting privileges.
1950, p. 69, § 17-228; 1964, c. 9; 1970, c. 404; 1980, c. 447; 1981, c. 231; 1984, c. 703; 1989, c. 597; 1990, c. 249; 1998, cc. 38, 872; 2008, c. 115; 2012, c. 76.
2023 Code of Virginia › Title 17.1 - Courts of Record › Chapter 7 - Judicial Policy-Making Bodies › § 17.1-707. President; executive committee

The Chief Justice of the Supreme Court shall be the president of the Judicial Conference. The Conference shall be served by an executive committee composed of eight judges. The Chief Justice, or a justice of the Supreme Court designated by him, shall be chairman of the executive committee.
1950, p. 70, § 17-229; 1964, c. 9; 1980, c. 178; 1987, c. 161; 1998, c. 872.
2023 Code of Virginia › Title 17.1 - Courts of Record › Chapter 7 - Judicial Policy-Making Bodies › § 17.1-708. Meetings

The Conference shall meet at least once in each calendar year at the call of the president and at such other times as may be designated by him or by the executive committee for the purpose of discussing and considering means and methods of improving the administration of justice in this Commonwealth. If any active member shall for any cause be unable to attend, he shall promptly notify the president. Unless excused from attendance, it shall be the duty of each active member to attend and remain throughout the proceedings of the Conference.
1950, p. 70, § 17-230; 1964, c. 9; 1998, c. 872.
2023 Code of Virginia › Title 17.1 - Courts of Record › Chapter 7 - Judicial Policy-Making Bodies › § 17.1-709. Expenses of members

The active members and honorary members shall receive their reasonable expenses while in attendance at the meetings of the Conference, and of the executive committee.
1950, p. 70, § 17-231; 1964, c. 9; 1998, c. 872.
2023 Code of Virginia › Title 17.1 - Courts of Record › Chapter 8 - Virginia Criminal Sentencing Commission › § 17.1-800. Virginia Criminal Sentencing Commission created

There is hereby created within the judicial branch as an agency of the Supreme Court of Virginia, the Virginia Criminal Sentencing Commission, hereinafter referred to in this chapter as the Commission.
1994, 2nd Sp. Sess., cc. 1, 2, § 17-232; 1998, c. 872.
2023 Code of Virginia › Title 17.1 - Courts of Record › Chapter 8 - Virginia Criminal Sentencing Commission › § 17.1-801. Purpose

The General Assembly, to ensure the imposition of appropriate and just criminal penalties, and to make the most efficient use of correctional resources, especially for the effective incapacitation of violent criminal offenders, has determined that it is in the best interest of the Commonwealth to develop, implement, and revise discretionary sentencing guidelines. The purposes of the Commission established under this chapter are to assist the judiciary in the imposition of sentences by establishing a system of discretionary guidelines and to establish a discretionary sentencing guidelines system which emphasizes accountability of the offender and of the criminal justice system to the citizens of the Commonwealth.
The Commission shall develop discretionary sentencing guidelines to achieve the goals of certainty, consistency, and adequacy of punishment with due regard to the seriousness of the offense, the dangerousness of the offender, deterrence of individuals from committing criminal offenses and the use of alternative sanctions, where appropriate.
1994, 2nd Sp. Sess., cc. 1, 2, § 17-233; 1998, c. 872.
2023 Code of Virginia › Title 17.1 - Courts of Record › Chapter 8 - Virginia Criminal Sentencing Commission › § 17.1-804. Meetings; staff support

A. Regular meetings of the Commission shall be held on a quarterly basis and at such other times as the Chairman may determine. Nine members of the Commission shall constitute a quorum. The Commission may hold public hearings.
B. The Commission may appoint a director and fix his duties and compensation. The Director may with prior approval of the Commission employ and fix the duties and compensation of such adequate staff as may be requisite to carry out the duties of the Commission. Other professional personnel, consultants and secretarial and clerical employees may be employed or contracted upon such terms and conditions as set forth by the Commission. The salaries, per diem and other expenses necessary to the functions of the Commission shall be payable from funds appropriated to the Commission. Adequate office space shall be provided by the Executive Secretary of the Supreme Court.
C. All agencies of the Commonwealth, their staffs and employees shall provide the Commission with necessary information for the performance of its duties.
1994, 2nd Sp. Sess., cc. 1, 2, § 17-236; 1998, c. 872.
2023 Code of Virginia › Title 17.1 - Courts of Record › Chapter 8 - Virginia Criminal Sentencing Commission › § 17.1-805.1. Discretionary sentencing guideline midpoints for certain defendants

The Commission shall adopt discretionary felony sentencing guidelines that may increase the midpoint of the recommended sentencing range based on the defendant's record of convictions for violent felony offenses, as defined in subsection C of § 17.1-805.
For guidelines that become effective on or after July 1, 2022, the Commission may increase the midpoint of the recommended sentencing range for such defendants as set forth in subsection A of § 17.1-805 or the Commission may recommend increases in the midpoint to the degree indicated by historical data for felony offenses sentenced in the Commonwealth. Any recommendations adopted by the Commission to modify the sentencing guidelines midpoints shall be contained in the annual report required under § 17.1-803 and shall become effective in accordance with § 17.1-806.
2022, cc. 723, 783.
2023 Code of Virginia › Title 17.1 - Courts of Record › Chapter 8 - Virginia Criminal Sentencing Commission › § 17.1-806. Sentencing guidelines modifications; effective date

After adoption of the initial guidelines, any modification to the discretionary sentencing guidelines adopted by the Commission shall be contained in the annual report required under § 17.1-803 and shall, unless otherwise provided by law, become effective on the next following July 1.
1994, 2nd Sp. Sess., cc. 1, 2, § 17-238; 1998, c. 872.
2023 Code of Virginia › Title 17.1 - Courts of Record › Chapter 9 - Judicial Inquiry and Review Commission › § 17.1-900. Definitions and application of chapter

As used in this chapter, unless the context requires a different meaning:
"Commission" means the Judicial Inquiry and Review Commission provided for in Article VI, Section 10 of the Constitution of Virginia.
"Judge" means a justice of the Supreme Court, judge of the Court of Appeals, judge of a circuit or district court, member of the State Corporation Commission, or a member of the Virginia Workers' Compensation Commission and includes (i) persons who have been elected or appointed to be judges but have not taken the oath of office as judge as well as persons who have taken such oath, (ii) judges designated under § 17.1-105, (iii) judges under temporary recall under § 17.1-106, (iv) judges pro tempore under § 17.1-109 and (v) special justices appointed pursuant to § 37.2-803, all of whom shall be subject to investigations and proceedings under the provisions of this chapter.
"Term" means (i) the period of time between either election or appointment of service as a judge and the first taking of the oath of office, (ii) each period of time for which the person was either elected or appointed as a judge, and (iii) any period of time after retirement during which the person hears cases as a retired judge.
1971, Ex. Sess., c. 154, § 2.1-37.1; 1984, c. 703; 2001, cc. 113, 844; 2004, c. 363.
2023 Code of Virginia › Title 17.1 - Courts of Record › Chapter 9 - Judicial Inquiry and Review Commission › § 17.1-901. Commission created; membership and terms of office

There is created a Judicial Inquiry and Review Commission in the judiciary branch of government, composed of seven persons who shall be citizens and residents of the Commonwealth. The members of the Commission shall be chosen by the vote of a majority of the members elected to each house of the General Assembly. The Commission shall elect a chairman and vice-chairman annually from its membership.
The Commission shall consist of three judicial members, who shall be (i) one active judge of a circuit court, (ii) one active judge of a general district court and (iii) one active judge of a juvenile and domestic relations district court; two lawyer members, who shall be active members of the Virginia State Bar who are not judges and who have practiced law in the Commonwealth for 15 or more years immediately preceding their appointment; and two public members who shall not be active or retired judges and shall never have been licensed lawyers.
After the initial appointments, the term of office of each member shall be four years commencing on July 1. No member of the Commission shall be eligible to serve more than two consecutive terms. The remainder of any term to which a member is appointed to fill a vacancy shall not constitute a term in determining the member's eligibility for reappointment.
Commission membership terminates whenever a member resigns or ceases to possess the qualifications that made him eligible for appointment. During any vacancy, which may exist while the General Assembly is not in session, the Governor may appoint a successor to serve until 30 days after the commencement of the next session of the General Assembly. Upon election of a successor by the General Assembly, the new member of the Commission shall serve for the remainder of the term of office of his predecessor.
Any member of the Commission who is the subject of an investigation or hearing by it or is otherwise personally involved therein shall be disqualified by the Commission from acting in such proceedings. In such a case the Governor shall appoint a person possessing the original qualifications of such member as prescribed by this section to serve temporarily as a substitute member of the Commission in such proceedings.
1971, Ex. Sess., c. 154, § 2.1-37.3; 1978, c. 452; 2001, c. 844; 2004, c. 1000.
2023 Code of Virginia › Title 17.1 - Courts of Record › Chapter 9 - Judicial Inquiry and Review Commission › § 17.1-902. Powers and duties of Commission generally

The Commission is vested with the power, and it shall be its duty, to investigate charges arising out of the present or any prior term of office which would be the basis for retirement, censure, or removal of a judge under Article VI, Section 10 of the Constitution of Virginia and the provisions of this chapter even though the subject judge may have been reelected to a new term of office.
The Commission, after such investigation as it deems necessary, may order and conduct hearings at such times and places in the Commonwealth as it shall determine.
If the Commission finds the charges to be well-founded, and sufficient to constitute the basis for retirement, censure, or removal of a judge, it may file a formal complaint before the Supreme Court.
The Commission shall have the authority to make rules, not in conflict with the provisions of this chapter or of general law, to govern investigations and hearings conducted by it.
No act of the Commission shall be valid unless concurred with by a majority of its members.
1971, Ex. Sess., c. 154, §§ 2.1-37.4, 2.1-37.5, 2.1-37.6; 2001, c. 844.
2023 Code of Virginia › Title 17.1 - Courts of Record › Chapter 9 - Judicial Inquiry and Review Commission › § 17.1-903. Officers and employees; experts and reporters; witnesses; legal counsel

The Commission may (i) employ such officers, assistants, and other employees it deems necessary for the performance of its duties; (ii) arrange for and compensate medical and other experts and reporters; (iii) arrange for attendance of witnesses, including witnesses not subject to subpoena; and (iv) pay from funds available to it all expenses reasonably necessary for effectuating the purposes of Article VI, Section 10 of the Constitution of Virginia and the provisions of this chapter, whether or not specifically enumerated herein. The Attorney General shall, if requested by the Commission, act as its counsel generally or in any particular investigation or proceeding.
The Commission may employ counsel, notwithstanding the provisions of § 2.2-510.
1971, Ex. Sess., c. 154, § 2.1-37.7; 1978, c. 260; 2001, c. 844.
2023 Code of Virginia › Title 17.1 - Courts of Record › Chapter 9 - Judicial Inquiry and Review Commission › § 17.1-904. Compensation and expenses

Members of the Commission shall receive compensation for their services and shall be allowed all reasonable and necessary expenses incurred in the performance of their duties as provided in §§ 2.2-2813 and 2.2-2825. The compensation and expenses of members and all other necessary expenses of the Commission shall be provided from existing appropriations to the Commission.
1971, Ex. Sess., c. 154, § 2.1-37.8; 1978, c. 452; 1979, c. 316; 2001, c. 844; 2004, c. 1000.