Virginia 2018 Regular Session Status: Enacted

SB 939 — Judges; retired from circuit court, etc., qualifications.

Last action — Signed by President

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House of Delegates
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 19, 2018. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 6 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Requires that retired circuit court judges sitting as substitutes be found qualified every three years by the Senate and House Committees for Courts of Justice instead of authorized by the Chief Justice. The bill also removes the requirement that retired Court of Appeals judges and Supreme Court justices shall be recalled pursuant to § 17.1-106. The bill provides that Court of Appeals judges and Supreme Court justices retired under the Judicial Retirement System (§ 51.1-300 et seq.) shall be subject to recall with the consent of a majority of the members of the respective court. The bill has a delayed effective date of July 1, 2019.

Bill Text

What changed in the latest version

17 added · 22 removed

Plain-language change summary

The latest version of SB 939 clarifies the duties of retired judges in Virginia. It now allows these judges to return to service for up to 90 days, if needed, to help manage court cases. Additionally, the bill reaffirms that retired judges cannot represent clients in court. This matters because it ensures that retired judges can still contribute to the judicial system when necessary, while also maintaining the integrity of the legal profession by preventing conflicts of interest.

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Latest
SESSION history | hilite | pdf | print version 18106490D SENATE BILL NO.
SESSION history | hilite | pdf | print version VIRGINIA ACTS OF ASSEMBLY -- CHAPTER An Act to amend and reenact §§ 17.1-106, 17.1-302, 17.1-401, and 51.1-309 of the Code of Virginia, relating to retired circuit court judges, Court of Appeals judges, and Supreme Court justices under recall;
939 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the Senate Committee for Courts of Justice) (Patron Prior to Substitute--Senator Stuart) Senate Amendments in [ ] -- February 6, 2018 A BILL to amend and reenact §§ 17.1-106, 17.1-302, 17.1-401, and 51.1-309 of the Code of Virginia, relating to retired circuit court judges, Court of Appeals judges, and Supreme Court justices under recall;
Be it enacted by the General Assembly of Virginia:
[S 939] Approved   Be it enacted by the General Assembly of Virginia:
The Chief Justice of the Supreme Court may call upon and authorize any justice or judge of a circuit court of record who is retired under the Judicial Retirement System (§ 51.1-300 et seq.) and who has been found qualified within the preceding three years by the Senate and House Committees for Courts of Justice 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 ninety 90 days at any one time, such judicial duties in any circuit court of record as the Chief Justice shall deem in the public interest for the expeditious disposition of the business of the courts of record.
The Chief Justice of the Supreme Court may call upon and authorize any justice or judge of a circuit court of record who is retired under the Judicial Retirement System (§ 51.1-300 et seq.) and who has been found qualified within the preceding three years by the Senate and House Committees for Courts of Justice 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 ninety days at any one time, such judicial duties in any circuit court of record as the Chief Justice shall deem in the public interest for the expeditious disposition of the business of the courts of record.
 [ Such justice shall have all the powers, duties, and privileges attendant on the position for which he is recalled to serve.
Such justice shall have all the powers, duties, and privileges attendant on the position for which he is recalled to serve.
 ] C.
C.
 [ Such judge shall have all the powers, duties, and privileges attendant on the position for which he is recalled to serve.
Such judge shall have all the powers, duties, and privileges attendant on the position for which he is recalled to serve.
 ] C.
C.
View plain text versions (4)

Action History

  1. Signed by President

  2. Signed by Speaker

  3. Enrolled

  4. Passed House BLOCK VOTE (98-Y 0-N)

  5. Read third time

  6. Read second time

  7. Assigned Courts sub: Subcommittee #3

  8. Referred to Committee for Courts of Justice

  9. Read first time

  10. Placed on Calendar

  11. Printed as engrossed 18106490D-ES1

  12. Engrossed by Senate - committee substitute with amendments SB939ES1

  13. Amendments by Senator Stuart agreed to

  14. Reading of amendments waived

  15. Read second time

  16. Passed by for the day

  17. Committee substitute agreed to 18106490D-S1

  18. Reading of substitute waived

  19. Read second time

  20. Referred to Committee for Courts of Justice

  21. Presented and ordered printed 18103874D

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 147 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (147)

147 members have not signed on to this bill.

Show all 147 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed House BLOCK VOTE

Passed 98 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 98000
Total 98000
% of votes cast 100%0%0%0%
How each member voted (98)
Member Party Vote
Cline — Yea
Habeeb — Yea
Hugo — Yea
Landes — Yea
Rodman — Yea
Bell, Richard P. — Yea
Jones, S.C. — Yea
Mr. Speaker — Yea
Peace — Yea
Pogge — Yea
Stolle — Yea
Toscano — Yea
Turpin — Yea
Yancey — Yea
Collins — Yea
Helsel — Yea
Ingram — Yea
James — Yea
Lindsey — Yea
Adams, Dawn M. — Yea
Adams, Les R. — Yea
Aird, Lashrecse D. — Yea
Alfonso H. Lopez — Yea
Ayala, Hala S. — Yea
Bell, John J. — Yea
Bell, Robert B. — Yea
Betsy B. Carr — Yea
Bourne, Jeffrey M. — Yea
Bulova, David L. — Yea
Byron, Kathy J. — Yea
C.E. Cliff Hayes, Jr. — Yea
Campbell, Jeffrey L. — Yea
Carter, Lee J. — Yea
Charniele L. Herring — Yea
Christopher T. Head — Yea
Cole, Mark L. — Yea
Convirs-Fowler, Kelly K. — Yea
Danica A. Roem — Yea
David A. Reid — Yea
Davis, Glenn R. — Yea
Delores L. McQuinn — Yea
Edmunds, James E., II — Yea
Emily M. Jordan — Yea
Fariss, C. Matthew — Yea
Filler-Corn, Eileen — Yea
Fowler, Hyland F."Buddy," Jr. — Yea
Freitas, Nicholas J. — Yea
Gilbert, C. Todd — Yea
Gooditis, Wendy W. — Yea
Guzman, Elizabeth R. — Yea
Heretick, Steve E. — Yea
Hurst, Chris L. — Yea
Israel D. O'Quinn — Yea
James A. "Jay" Leftwich — Yea
James W. Morefield — Yea
Jeion A. Ward — Yea
Jennifer B. Boysko — Yea
Jennifer D. Carroll Foy — Yea
Jones, Jerrauld C. "Jay" — Yea
Joshua E. Thomas — Yea
Karrie K. Delaney — Yea
Kathy K.L. Tran — Yea
Keam, Mark L. — Yea
Knight, Barry D. — Yea
Kory, Kaye — Yea
LaRock, Dave A. — Yea
Lamont Bagby — Yea
Levine, Mark H. — Yea
Luke E. Torian — Yea
M. Keith Hodges — Yea
Marcia S. "Cia" Price — Yea
Marcus B. Simon — Yea
Marshall, Daniel W., III — Yea
McGuire, John J., III — Yea
Michael J. Webert — Yea
Miyares, Jason S. — Yea
Mullin, Michael P. — Yea
Murphy, Kathleen — Yea
Orrock, Robert D., Sr. — Yea
Patrick A. Hope — Yea
Paul E. Krizek — Yea
Plum, Kenneth R. — Yea
Poindexter, Charles D. — Yea
Richard C. "Rip" Sullivan, Jr. — Yea
Robert S. Bloxom, Jr. — Yea
Robinson, Roxann L. — Yea
Rush, Nick — Yea
Sam Rasoul — Yea
Schuyler T. VanValkenburg — Yea
Sickles, Mark D. — Yea
Terry G. Kilgore — Yea
Terry L. Austin — Yea
Thomas A. Garrett, Jr. — Yea
Thomas C. Wright, Jr. — Yea
Todd E. Pillion — Yea
Tony O. Wilt — Yea
Tyler, Roslyn C. — Yea
Vivian E. Watts — Yea

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Subjects

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Frequently asked questions

What does SB 939 do?
Requires that retired circuit court judges sitting as substitutes be found qualified every three years by the Senate and House Committees for Courts of Justice instead of authorized by the Chief Justice. The bill also removes the requirement that retired Court of Appeals judges and Supreme Court justices shall be recalled pursuant to § 17.1-106. The bill provides that Court of Appeals judges and Supreme Court justices retired under the Judicial Retirement System (§ 51.1-300 et seq.) shall be subject to recall with the consent of a majority of the members of the respective court. The bill has a delayed effective date of July 1, 2019.
Who sponsors SB 939?
SB 939 is sponsored by Richard H. Stuart.
What is the current status of SB 939?
This bill has been enacted into law. Introduced January 19, 2018. Enacted.
Where can I track SB 939?
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