Virginia 2022 Regular Session

Virginia Senate Bill SB106

Introduced
1/6/22  
Refer
1/6/22  
Report Pass
1/19/22  
Engrossed
1/24/22  
Refer
2/22/22  
Report Pass
3/2/22  
Enrolled
3/10/22  
Chaptered
4/11/22  

Caption

Retired circuit and district court judges under recall; evaluation.

Impact

The legislation amends existing laws to facilitate the temporary engagement of retired judges for the efficient handling of court business, thereby aiming to ensure that judicial proceedings are not unduly delayed. By providing for the recall of retired judges, the bill seeks to improve access to justice and promote timely resolutions of cases. Additionally, the bill includes mandates for an annual evaluation of recalled judges by appropriate legislative committees, with results being reported to monitor effectiveness and maintain accountability within the judicial recall process.

Summary

Senate Bill 106 aims to establish a framework for the temporary recall and evaluation of retired district and circuit court judges in Virginia. Under this bill, the Chief Justice of the Supreme Court is granted the authority to authorize recalled judges to hear specific cases or perform judicial duties for a limited period. Any retired judge recalled must accept the recall unless they are over the age of 70, where acceptance of their recall becomes a matter of personal discretion. This provision is intended to address the need for judicial resources during times of increased case loads or vacancies in the judiciary.

Sentiment

The general sentiment surrounding SB106 appears to be supportive, as it addresses a practical need within the judicial system. Proponents argue that the bill will help the court system manage its caseload more effectively, particularly in cases where there may be an insufficient number of active judges available. There may, however, be some concerns regarding the implications of recalling judges and their evaluation, emphasizing the importance of maintaining high judicial standards and ensuring that reinstated judges continue to meet the expectations of the judiciary.

Contention

While the bill is primarily seen as a positive step towards augmenting judicial resources, some may question the appropriateness of recalling retired judges and the criteria under which they are evaluated. Concerns about the age requirement for acceptance of recall might also arise, potentially leading to discussions about the balance between utilizing experienced judges and ensuring that judicial responsibilities are met with vigor and current legal knowledge.

Companion Bills

No companion bills found.

Previously Filed As

VA SB843

Retired circuit court and district court judges; recall, evaluation, etc.

VA HB2012

Retired Supreme Court justices and Court of Appeals judges; recall in circuit courts.

VA SB623

Specifying circumstances in which senior judges and justices may be recalled to service

VA SB954

Circuit Court Judges and District Court Judges – Selection and Tenure

VA SB649

Clarifying per diem compensation for certain judges recalled to service

VA SB630

Circuit Court Judges - Selection and Retention Elections

VA HB778

Circuit Court Judges - Selection and Retention Elections

VA HB3273

Recognizing authority of Supreme Court of Appeals to recall senior judges and justices in specified circumstances

VA S1122

Increases statutory mandatory retirement age for Supreme Court Justices, Superior Court Judges, Tax Court Judges, Administrative Law Judges, Workers' Compensation Judges and county prosecutors from 70 to 72.

VA A3165

Increases statutory mandatory retirement age for Supreme Court Justices, Superior Court Judges, Tax Court Judges, Administrative Law Judges, Workers' Compensation Judges and county prosecutors from 70 to 72.

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