Virginia_Court_of_Appeals

Court of Appeals of Virginia

Court of Appeals of Virginia

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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 panels of at least three judges, and sometimes hears cases en banc. Appeals from the Court of Appeals go to the Supreme Court of Virginia.

Quick Facts Established, Location ...

History

A 1971 Virginia Court System Study Commission stated the need for a unified court system to handle appeals.[1]

In March 2021, legislation was passed to expand the Court from 11 judges to 17 judges, coming into effect July 1, 2021.[2][3]

Judges

The Court of Appeals consists of 17 judges who are elected for eight-year terms by a majority of the members of each house of the General Assembly.[3] The Court of Appeals may designate seven retired judges of the Court to serve as senior judges.[3]

Panels

Jurisdiction

Reforms effective January 2022

As part of a comprehensive reform bill passed by the Virginia General Assembly and signed into law in March 2021, the jurisdiction of the Court of Appeals expanded on January 1, 2022, as follows:

  • Litigants can now appeal as of right a lower court's decision in civil cases, and the Supreme Court of Virginia will retain the power to select which appeals it hears.
  • Criminal defendants can now appeal as of right a lower court's decision in criminal cases, but the Commonwealth will still need to petition the Court of Appeals if it wishes to appeal a decision in a criminal case.
  • The Court of Appeals now has jurisdiction to hear interlocutory appeals and petitions for review of injunctions.[4]

An appeal filed with the Supreme Court of Virginia before January 1, 2022, remains under its jurisdiction.[4]

Procedure

Since January 1, 2022, when the court's jurisdiction expanded, most appeals are initiated by filing a notice of appeal and related documents with the clerk of the Court of Appeals.[4]

Decisions are issued by the Court of Appeals by written opinion or order.[5]

Certification

Finality of decisions

Review by the Supreme Court of Virginia

Current composition

As of April 1, 2024:

Active

More information Judge, First elected ...

Senior

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Chief judges

More information Judge, Chief ...

References

  1. [1]
    Report of the Court System Study Commission to The Governor and The General Assembly of Virginia, Virginia House Document No. 6 (1972 Regular Session) (1971)
  2. [2]
    "SB 1261 Court of Appeals; expands jurisdiction, increases from 11 to 17 number of judges on Court". lis.virginia.gov. Retrieved 2021-06-04.
  3. [3]
    "The Court of Appeals of Virginia" (PDF). Virginia's Judicial System / About. Retrieved 9 April 2024.
  4. [4]
    "LIS > Bill Tracking > SB1261 > 2021 session". lis.virginia.gov. Retrieved 2021-06-14.
  5. [5]
    "The Court of Appeals of Virginia (informational pamphlet)" (PDF). Virginia's Judicial System. Archived from the original (PDF) on 2 June 2013. Retrieved 27 March 2013.
  6. [6]
    "Virginia Justices and Judges Terms of Office" (PDF). Retrieved 2024-04-01.
  7. [7]
    "Glen Huff". Judgepedia. Archived from the original on 19 October 2012. Retrieved 27 March 2013.
  8. [8]
    Albiges, Marie (22 January 2015). "General Assembly Moves York Judge to Appeals Court, Reappoints WJCC District Judge". WYDaily.com. Retrieved 23 March 2015.[permanent dead link]
  9. [9]
    "Judge Kelsey Appointed to Supreme Court of Virginia". Virginia State Bar. 21 January 2015. Retrieved 23 March 2015.
  10. [10]
    "Virginia lawmakers elect 8 new judges to appeals court". AP NEWS. 2021-08-10. Retrieved 2021-08-14.
  11. [11]
    "After impasse, legislators elect 2 Supreme Court justices". AP NEWS. 2022-06-18. Retrieved 2022-07-11.
  12. [12]
    "Frucci, Bernhard tapped for appeals court". The Virginia Bar Association. 2024-03-12. Archived from the original on 2024-03-14. Retrieved 2024-04-02.
  13. [13]
    "Lawyers in the News". Virginia Lawyers Weekly. September 26, 2005.
  14. [14]
    Cooper, Alan (November 24, 2008). "Judge Clements to retire from appeals court". Virginia Lawyers Weekly. Retrieved 27 March 2013.
  15. [15]
    Vieth, Peter (22 September 2014). "Assembly requests recommendations for appellate judgeships". Virginia Lawyers Weekly. Virginia Lawyers Media. Retrieved 23 March 2015.
  16. [16]
    "James Haley". Judgepedia. Archived from the original on 19 October 2012. Retrieved 27 March 2013.
  17. [17]
    "The McCammon Group, Hon. Johanna L. Fitzpatrick (Ret.)". Archived from the original on 2016-03-10. Retrieved March 10, 2016.
  18. [18]
    "Glen A. Huff Named Chief Judge-elect of Court of Appeals of Virginia". Virginia State Bar. Retrieved 23 March 2015.
  19. [19]
    "Judge Marla Graff Decker is elected chief judge-elect of the Virginia Court of Appeals". 3 December 2018.
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