The

Judiciary The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...

Virginia Virginia, officially the Commonwealth of Virginia, is a state in the Mid-Atlantic and Southeastern regions of the United States, between the Atlantic Coast and the Appalachian Mountains. The geography and climate of the Commonwealth ar ...

is defined under the

Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed. When ...

and

law of Virginia The law of Virginia consists of several levels of legal rules, including constitutional, statutory, regulatory, case law, and local laws. The ''Code of Virginia'' contains the codified legislation that define the general statutory laws for the Comm ...

and is composed of the

Supreme Court of Virginia The Supreme Court of Virginia is the highest court in the Commonwealth of Virginia. It primarily hears direct appeals in civil cases from the trial-level city and county circuit courts, as well as the criminal law, family law and administrative ...

and subordinate courts, including the

Court of Appeals A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of t ...

, the Circuit Courts, and the General District Courts. Its administration is headed by the Chief Justice of the Supreme Court, the Judicial Council, the Committee on District Courts, the Judicial Conferences, the Judicial Inquiry and Review Commission, and various other offices and officers.

Courts

Supreme Court

The

is the

highest court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...

in the Commonwealth of

and is made up of seven justices. It primarily hears appeals from the trial-level city and county Circuit Courts. Although the Supreme Court of Virginia possesses both

original Originality is the aspect of created or invented works that distinguish them from reproductions, clones, forgeries, or substantially derivative works. The modern idea of originality is according to some scholars tied to Romanticism, by a notion t ...

and

appellate jurisdiction A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of t ...

, its primary function is to review decisions of lower courts, including the Court of Appeals, from which appeals have been allowed. Virginia does not allow an appeal to the Supreme Court as a matter of right except in cases involving the State Corporation Commission, attorney disciplinary actions including the

disbarment Disbarment, also known as striking off, is the removal of a lawyer from a bar association or the practice of law, thus revoking their law license or admission to practice law. Disbarment is usually a punishment for unethical or criminal conduct ...

of an attorney, and review of the

death penalty Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that t ...

. The court's original jurisdiction is limited to cases of

habeas corpus ''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, t ...

(ordering one holding custody to produce the detained person before the court for the purpose of determining whether such custody is proper),

mandamus (; ) is a judicial remedy in the form of an order from a court to any government, subordinate court, corporation, or public authority, to do (or forbear from doing) some specific act which that body is obliged under law to do (or refrain from ...

(ordering the holder of an office to perform his duty),

prohibition Prohibition is the act or practice of forbidding something by law; more particularly the term refers to the banning of the manufacture, storage (whether in barrels or in bottles), transportation, sale, possession, and consumption of alcoholic ...

(ordering an action stopped in a lower court), and writs of actual innocence pursuant to Virginia's Code § 19.2–327.2. It also has original jurisdiction for challenges to decisions of the State Corporation Commission pursuant to Article IX of the Constitution of Virginia

The Supreme Court also has original jurisdiction in matters filed by the Judicial Inquiry and Review Commission relating to judicial censure, retirement, and removal of judges.

Court of Appeals

The

Court of Appeals of Virginia The Court of Appeals of Virginia, established January 1, 1985, is an intermediate appellate court of 17 judges that hears appeals from decisions of Virginia's circuit courts and the Virginia Workers' Compensation Commission. The Court sits in pan ...

hears appeals from decisions of Virginia's circuit courts and the

Virginia Workers' Compensation Commission The Virginia Workers' Compensation Commission (VWC) is an agency of the U.S. state of Virginia that oversees the resolution of workers' compensation claims brought in that state, in accordance with the Virginia Workers' Compensation Act. The Commiss ...

. It is composed of eleven judges, and sits in panels of at least three judges, and sometimes hears cases

en banc In law, an en banc session (; French for "in bench"; also known as ''in banc'', ''in banco'' or ''in bank'') is a session in which a case is heard before all the judges of a court (before the entire bench) rather than by one judge or a smaller ...

. Appeals from the Court of Appeals go to the

. The Court of Appeals has authority to hear appeals as a matter of right from: * any final judgment, order, or decree of a circuit court involving affirmance or annulment of a marriage, divorce, custody, spousal or child support, or control or disposition of a child, as well as other domestic relations cases; * any final decision of the Virginia Workers' Compensation Commission (a state agency responsible for handling workers' compensation claims); * any final decision of a circuit court on appeal from a decision of an administrative agency (example: the Department of Health); and * any interlocutory order granting, dissolving, or denying an injunction or adjudicating the principles of a cause in any of the cases listed above. The Court of Appeals has authority to consider petitions for appeal from: * final orders of conviction in criminal and traffic matters except where a death penalty is imposed; * final decisions of a circuit court on an application for a concealed weapons permit; and * certain preliminary rulings in felony cases when requested by the Commonwealth. The Court of Appeals has original jurisdiction to issue writs of mandamus, prohibition and habeas corpus in any case over which the Court would have appellate jurisdiction. In addition, the Court of Appeals has original jurisdiction to issue a writ of actual innocence upon petition of a person who has been convicted of a felony upon a plea of not guilty.

Circuit Courts

The

Virginia Circuit Court The Virginia Circuit Courts are the state trial courts of general jurisdiction in the Commonwealth of Virginia. The Circuit Courts have jurisdiction to hear civil and criminal cases. For civil cases, the courts have authority to try cases with an a ...

s are the

state State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Department of State * ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States * ''Our S ...

trial court A trial court or court of first instance is a court having original jurisdiction, in which trials take place. Appeals from the decisions of trial courts are usually made by higher courts with the power of appellate review (appellate courts). Mos ...

s of

general jurisdiction {{Globalize, article, USA, 2name=the United States, date=December 2010 A court of general jurisdiction is a court with authority to hear cases of all kinds – criminal, civil, family, probate, and so forth. United States All federal courts ar ...

. The state has 120 Circuit Courts divided among 31 judicial circuits. The Circuit Courts have

jurisdiction Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. Jur ...

to hear

civil Civil may refer to: *Civic virtue, or civility *Civil action, or lawsuit * Civil affairs *Civil and political rights *Civil disobedience *Civil engineering *Civil (journalism), a platform for independent journalism *Civilian, someone not a membe ...

and criminal cases. For civil cases, the courts have authority to try cases with an

amount in controversy Amount in controversy (sometimes called jurisdictional amount) is a term used in civil procedure to denote the amount at stake in a lawsuit, in particular in connection with a requirement that persons seeking to bring a lawsuit in a particular cour ...

of more than $4,500 and have exclusive

original jurisdiction In common law legal systems original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a higher court has the power to review a lower court's decision. India In India, the Sup ...

over claims for more than $25,000. In criminal matters, the Circuit Courts are the trial courts for all

felony A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that resu ...

charges and for

misdemeanor A misdemeanor (American English, spelled misdemeanour elsewhere) is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than adm ...

s originally charged there. The Circuit Courts also have

for any case from the

Virginia General District Court The Virginia General District Court (GDC) is the lowest level of the Virginia court system, and is the court that most Virginians have contact with. The jurisdiction of the GDC is generally limited to traffic cases and other misdemeanors, civil cas ...

s (the trial courts of

limited jurisdiction Limited jurisdiction, or special jurisdiction, is the court's jurisdiction only on certain types of cases such as bankruptcy, and family matters. Courts of limited jurisdiction, as opposed to general jurisdiction, derive power from an issuing autho ...

in Virginia) claiming more than $50, which are tried ''de novo'' in the Circuit Courts.

District Courts

The

(GDC) is the lowest level of the Virginia court system, and is the court that most Virginians have contact with. There are 32 General District Court districts, each having at least one

judge A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...

. The jurisdiction of the GDC is generally limited to traffic cases and other

misdemeanors A misdemeanor (American English, spelled misdemeanour elsewhere) is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than admin ...

, civil cases involving amounts of under $25,000 (or up to $50,000 for

personal injury Personal injury is a legal term for an injury to the body, mind or emotions, as opposed to an injury to property. In common law jurisdictions the term is most commonly used to refer to a type of tort lawsuit in which the person bringing the suit (t ...

cases). The GDCs are not

courts of record A court of record is a trial court or appellate court in which a record of the proceedings is captured and preserved, for the possibility of appeal. A court clerk or a court reporter takes down a record of oral proceedings. That written record ( ...

, meaning that they do not keep detailed records of their proceedings and their decisions provide no precedent to be cited in other proceedings. Proceedings before the GDC are less formal than those brought before higher courts in the state. They do not conduct

jury trial A jury trial, or trial by jury, is a Trial, legal proceeding in which a jury makes a decision or Question of law, findings of fact. It is distinguished from a bench trial in which a judge or Judicial panel, panel of judges makes all decisions. ...

s; cases are heard and decided by the judge. In civil cases, they are only empowered to award legal damages, and generally cannot provide remedies in

equity Equity may refer to: Finance, accounting and ownership * Equity (finance), ownership of assets that have liabilities attached to them ** Stock, equity based on original contributions of cash or other value to a business ** Home equity, the dif ...

, such as

injunction An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in pa ...

s or

declaratory judgment A declaratory judgment, also called a declaration, is the legal determination of a court that resolves legal uncertainty for the litigants. It is a form of legally binding preventive by which a party involved in an actual or possible legal mat ...

Juvenile and Domestic Relations District Court

The Juvenile and Domestic Relations District Court (J&DR court) is the low level court dealing with domestic matters, with each case being heard by a single judge. It handles all cases involving

juvenile crime Juvenile delinquency, also known as juvenile offending, is the act of participating in unlawful behavior as a minor or individual younger than the statutory age of majority. In the United States of America, a juvenile delinquent is a person ...

child abuse Child abuse (also called child endangerment or child maltreatment) is physical, sexual, and/or psychological maltreatment or neglect of a child or children, especially by a parent or a caregiver. Child abuse may include any act or failure to a ...

child neglect A form of child abuse, child neglect is an act of caregivers (e.g., parents) that results in depriving a child of their basic needs, such as the failure to provide adequate supervision, health care, clothing, or housing, as well as other physica ...

, disputes involving custody and visitation, and other family-related matters, as well as cases in which a child or family member is an alleged victim (it can try misdemeanors, but only preliminary hearings in adult felonies). The court also has authority to allow minors, under certain circumstances, to seek abortions. It may also emancipate a child.

Administration

The administration of the courts is headed by the Chief Justice of the Supreme Court. The Uniform Rules and Practices are promulgated by the Supreme Court and govern the practice and procedures to be used in the courts. By statute, the Chief Justice is chosen by a majority vote of the seven justices of the Supreme Court. The Chief Judge of the Court of Appeals is elected by a vote of the eleven Court of Appeals judges for a term of four years. The state has 120 Circuit Courts divided among 31 judicial circuits. The clerk of the Circuit Court is a constitutional officer and chief administrator of the Circuit Court. There are 32 General District Court districts, each having at least one

, and each having a

clerk of the court A court clerk (British English: clerk to the court or clerk of the court ; American English: clerk of the court or clerk of court ) is an officer of the court whose responsibilities include maintaining records of a court, administer oaths to witn ...

and a courthouse. Each district has a chief general district court judge and a chief juvenile and domestic relations district court judge elected by peer vote for a two-year term. The decisions of the Supreme Court, Court of Appeals, and circuit courts are published in the '' Virginia Reports'', '' Virginia Court of Appeals Reports'', and ''

Virginia Circuit Court Opinions Virginia, officially the Commonwealth of Virginia, is a state in the Mid-Atlantic and Southeastern regions of the United States, between the Atlantic Coast and the Appalachian Mountains. The geography and climate of the Commonwealth are ...

'', respectively. Most circuit court decisions are not published. The decisions of the Supreme Court and Court of Appeals are also published in the unofficial ''

South Eastern Reporter The ''South Eastern Reporter'' and ''South Eastern Reporter Second'' are United States regional case law reporters. It is part of the National Reporter System created by John B. West for West Publishing Company, which is now part of Thomson West. ...

''. The Committee on District Courts (CDC) recommends new judgeships, certifies the need to fill district court vacancies, authorizes the number of clerks, magistrates and personnel in each district, establishes guidelines and policies for court system personnel, and fixes salary classification schedules for district court personnel and magistrates. It is composed of the Majority Leader of the Senate, the Speaker of the House, the Chairmen of the Committees for Courts of Justice in the Senate and House of Delegates, two members of each of the Courts of Justice Committees appointed by the respective Chairman, one circuit court judge, two general district court judges, and two juvenile and domestic relations district court judges. The Judicial Conference of Virginia and the Judicial Conference of Virginia for District Courts discuss and consider means and methods of improving the administration of justice in Virginia. The Judicial Council of Virginia is charged with the responsibility of making a continuous study of the organization, rules, and methods of procedure and practice of the judiciary. The council is composed of the Chief Justice as president, one Court of Appeals judge, 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 of Virginia, and the Chairmen of the Committees for Courts of Justice in the Virginia Senate and House of Delegates. The Office of the Executive Secretary (OES) of the Supreme Court provides administrative support for the courts and magistrate offices.

Officers

Judges

The seven justices of the Supreme Court are elected by a majority vote of both houses of the General Assembly for a term of twelve years. To be eligible for election, a candidate must be a resident of Virginia and must have been a member of the Virginia Bar for at least five years. Vacancies on the court occurring between sessions of the General Assembly may be filled by the Governor for a term expiring thirty days after the commencement of the next session of the General Assembly. The seventeen Court of Appeals judges are elected by a majority vote of each house of the General Assembly for eight-year terms with interim appointments made by the Governor. The judges of the Circuit Courts are elected by a majority vote of each house of the General Assembly for eight-year terms with interim appointments made by the Governor. The judges of the District Courts are elected by a majority vote of each house of the General Assembly for terms of six years, and interim vacancy appointments when the General Assembly is not in session are made by the Circuit Court of the corresponding circuit.

Judicial Inquiry and Review Commission

The Judicial Inquiry and Review Commission investigates allegations of judicial misconduct or the serious mental or physical disability of a judge. The commission has jurisdiction to investigate the justices of the Supreme Court and all judges of the Commonwealth, as well as members of the State Corporation Commission, the Virginia Workers' Compensation Commission, special justices, substitute judges, and retired judges who have been recalled to service. The Commission may file a formal complaint with the Supreme Court against judges for violations of any canon of judicial ethics, misconduct in office, or failure to perform their judicial duties. The commission has seven members, elected by the General Assembly for four-year terms. Membership includes one circuit court judge, one general district court judge, one juvenile and domestic relations district court judge, two lawyers, and two members of the public who are not lawyers. Commission staff receive and investigate allegations of misconduct and present the findings to the commission.

Magistrates

Magistrates are judicial officers, appointed by the executive secretary of the Supreme Court. Magistrates have the authority to issue adult arrest process, search warrants, emergency protective orders, emergency medical and mental health orders, and certain civil processes. Magistrates also have authority to determine bail for recently arrested individuals.

Special Justices

Special justices are judicial officers with authority to issue civil mental health commitment orders, in Virginia district courts.

Private attorneys

The

common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...

of Virginia permits private attorneys to participate with the government in the prosecution of criminal cases.

Clerks

The clerk of the circuit court is an elected, constitutional officer and chief administrator of the circuit court. The clerks of other courts are appointed by the office of the executive secretary.

References

External links

* {{Judiciaries of the United States