Virginia House Bill HB2012

Virginia 2023 Regular Session

• Introduced: 1/10/23
• Refer: 1/10/23
• Report Pass: 1/23/23
• Engrossed: 1/26/23
• Refer: 1/30/23
• Report Pass: 2/8/23
• Engrossed: 2/13/23
• Engrossed: 2/15/23
• Enrolled: 2/20/23
• Chaptered: 3/23/23
• Passed: 3/23/23

Caption

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

Impact

This bill aims to address the challenges related to court backlogs and the availability of judges in Virginia. By facilitating the recall of retired judges, it seeks to streamline judicial processes and ensure timely access to justice. Additionally, it establishes protocols for evaluating the performance of recalled judges, ensuring that only those found qualified within the previous three years are permitted to serve again in this capacity. This amendment could lead to more expedient judicial outcomes in cases and potentially reduce delays in the courts.

Summary

House Bill 2012 proposes amendments to §17.1-106 of the Code of Virginia, concerning the temporary recall of retired judges and justices. The bill allows the Chief Justice of the Supreme Court to call upon retired justices and judges from the Supreme Court, Court of Appeals, or circuit courts to serve in temporary capacities. Retired judges can be summoned to hear specific cases or perform judicial duties for a period not exceeding 90 days, promoting efficiency in the court system by ensuring sufficient personnel are available to handle cases effectively.

Sentiment

The general sentiment around HB 2012 appears to be supportive among lawmakers, as it seeks to enhance the operational efficiency of the judicial system. During discussions, legislators have expressed the necessity of maintaining a functional judiciary, particularly during times of increased case loads. While the bill has garnered a broad base of support, concerns regarding the implications of recalling retired judges, particularly about their adaptation to evolving legal standards and procedures, were also mentioned.

Contention

Notable points of contention revolve around the conditions under which retired judges may be recalled, especially concerning those over the age of 70, as it leaves their acceptance of recall to discretion. Critics may raise concerns about the potential impact on the quality of judicial service and whether adequately updating recalled judges on current legal practices would ensure competent adjudication. The balance between enhancing judicial efficiency and ensuring the competency of recalled judges will likely be a discussion point as the bill moves forward.