SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2023 SESSION CHAPTER E313 An Act to amend and reenact § 17.1-106 of the Code of Virginia, relating to retired Supreme Court justices and Court of Appeals judges under recall;

R[H O2012] Approved [HMarch 2012]23, L2023 Be it enacted by the General Assembly of Virginia:

L 1.

E § 17.1-106.

DA. judge of the Court of Appeals, or any judge of a circuit court who is retired under the Judicial Retirement System (§ 51.1-300 et seq.) and who when such retired justice or judge has been found qualified within the preceding three years by the House Committee for Courts of Justice and the Senate Committee on the Judiciary to sit in recall either to (i) hear a specific case or cases pursuant to the provisions of § 17.1-105, such designation to 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 business of the courts.ief Justice shall deem in the public interest for the expeditious disposBtion of the B.

ItThe shallChief beJustice of the obligationSupreme Court may call upon any justice of the Supreme Court, any retiredjudge justiceof the Court of Appeals, or any judge of a circuit court who is recalledretired tounder temporarythe s0rviceJudicial underRetirement thisSystem section(§ 51.1-300 et seq.) and who when such retired justice or judge has notbeen attainedfound agequalified 70within tothe acceptpreceding three years by the recallHouse Committee for Courts of Justice and performthe Senate provisions of § 17.1-105, such designation to 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 assign2d.in any circuit court as the Chief Justice shall deem in the public interest for the expeditious disposition of the business of the courts.

ItB. shall be within the discretion of any justice or judge who has attained age 70 to accept such rRcall.

It shall be the obligation of any retired justice or 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 justice or judge who has attained age 70 to accept such recall.

anyD. justice or judge of a circuit court court of record 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 § 17.1-105, and such 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 circuit court as the Chief Justice shall deem in E.

Notwithstanding the provisions of subsection A, the Chief Justice may call upon and authorize any justice or judge of a circuit court court of record 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 § 17.1-105, and such 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 circuit court as the Chief Justice shall deem in the public interest for the expeditious disposition of the business of the courts.

E.