Virginia 2023 Regular Session

Virginia Senate Bill SB843

Introduced

12/28/22

Refer

12/28/22

Report Pass

1/25/23

Engrossed

1/30/23

Refer

2/9/23

Caption

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

Impact

The enactment of SB843 would bring about significant changes to state laws concerning the judicial retirement system and the operational flexibility of the courts. Specifically, it allows the Chief Justice to recall judges who are deemed qualified to address current judicial needs, thereby ensuring that the judicial process remains uninterrupted. Furthermore, the bill includes provisions for the evaluation of recalled judges, implementing a formal assessment process that requires reporting to legislative committees, thereby enhancing accountability within the judicial system.

Summary

SB843 proposes amendments to the Code of Virginia regarding the temporary recall of retired circuit and district court judges. The bill enables the Chief Justice of the Supreme Court to recall retired judges to perform judicial duties for a limited period, aimed at handling specific cases or maintaining the expeditious operation of the courts. This movement aligns with efforts to address potential judicial backlogs and ensure that the court system runs efficiently, particularly as retirements may impact the availability of judges for pressing cases.

Sentiment

Sentiment surrounding the bill appears to be generally supportive among legal professionals who recognize the importance of maintaining court efficiency. Advocates argue that this flexibility for recalls is necessary to manage the caseload effectively. However, there may be concerns raised regarding the implications of recalling judges, particularly related to their readiness or ability to resume judicial duties after retirement, which could be a topic of contention among stakeholders in the judicial community.

Contention

Notable points of contention may arise regarding the age limitations imposed on recalled judges, wherein those over 70 have the discretion to accept recalls. Opponents might argue that this creates a disparity in availability of experienced judges versus younger ones who must accept recall. Additionally, questions regarding the adequacy of the evaluation process for judges being recalled could also surface, raising discussions on how their performance is measured and reported back to the legislature. These issues indicate a balancing act between maintaining efficiency and ensuring robust judicial qualifications.

Companion Bills

No companion bills found.

Previously Filed As

VA SB106

Retired circuit and district court judges under recall; evaluation.

VA HB2012

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

VA SB954

Circuit Court Judges and District Court Judges – Selection and Tenure

VA SB630

Circuit Court Judges - Selection and Retention Elections

VA HB778

Circuit Court Judges - Selection and Retention Elections

VA SB623

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

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.

VA S1122

VA HB3273

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

VA S1565

Increases statutory mandatory retirement age for Supreme Court Justices, Superior Court Judges, Tax Court Judges, Administrative Law Judges, and Workers' Compensation Judges from 70 to 75.

Similar Bills

NJ AR96

Changes membership of Budget and Labor Committees; clarifies that bill or resolution may be listed on committee agenda for purposes of amendment.

MI HB4326

Campaign finance: contributions and expenditures; provision related to officeholders raising funds when facing a recall; modify, and require candidate to establish a separate account used for recall purposes. Amends secs. 3, 11, 12, 21, 24 & 52 of 1976 PA 388 (MCL 169.203 et seq.) & adds sec. 21b.

MI HB4870

Campaign finance: contributions and expenditures; funds donated to a candidate for recall efforts; require candidate to establish a separate account used for recall purposes. Amends secs. 3, 11, 12, 21, 24 & 52 of 1976 PA 388 (MCL 169.203 et seq.) & adds sec. 21b.

MN HC6

A concurrent resolution recognizing wild rice as sacred and central to the culture and health of Indigenous Peoples in Minnesota and critical to the health and identity of all Minnesota citizens and ecosystems and establishing a commitment to passing legislation to protect wild rice and the freshwater resources upon which it depends.