Judicial selection in Virginia

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Judicial selection in Virginia
Judicialselectionlogo.png
Virginia Supreme Court
Method:   Legislative election
Term:   12 years
Virginia Court of Appeals
Method:   Legislative election
Term:   8 years
Virginia Circuit Courts
Method:   Legislative election
Term:   8 years
Virginia District Courts
Method:   Legislative election
Term:   6 years


Judicial selection refers to the process used to select judges for courts. At the state level, methods of judicial selection vary substantially in the United States, and in some cases between different court types within a state. There are six primary types of judicial selection: partisan and nonpartisan elections, the Michigan method, assisted appointment, gubernatorial appointment, and legislative elections. To read more about how these selection methods are used across the country, click here.

This article covers how state court judges are selected in Virginia, including:

As of April 2023, the selection of state court judges in Virginia occurred almost exclusively through legislative elections. Virginia and South Carolina were the only states to use this method.[1][2][3][4]

Click here to notify us of changes to judicial selection methods in this state.

Virginia Supreme Court

See also: Virginia Supreme Court

The seven justices of the supreme court are elected by a majority vote of both chambers of the Virginia General Assembly.[5] Supreme court justices serve 12-year terms. At the end of their terms, judges must be re-selected by the legislature just as they initially were.[5]

Qualifications

To serve on the supreme court, a judge must be:

  • a state resident; and
  • a state bar member for at least five years.[2]

Chief justice

The chief justice of the court is selected by peer vote. The supreme court chief justice serves in that capacity for four years.[6]

Vacancies

See also: How vacancies are filled in state supreme courts

When the General Assembly is in session, midterm vacancies are filled by the same legislative selection process normally used to select judges. When the assembly is not in session, the governor appoints a replacement to serve until 30 days after the start of the next session, by which point a judge must be elected to the seat.[5][7]

The map below highlights how vacancies are filled in state supreme courts across the country.

See also

State courts Appointment methods Election methods
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State supreme courts
Intermediate appellate courts
Trial courts
Assisted appointment
Court appointment
Gubernatorial appointment
Legislative election
Municipal government selection
Partisan election
Nonpartisan election
Michigan method


External links

Footnotes

  1. Legislative elections - where the legislature chooses judges to serve on the court
  2. 2.0 2.1 2.2 National Center for State Courts, "Methods of Judicial Selection," accessed August 18, 2021
  3. 3.0 3.1 American Judicature Society, "History of Reform Efforts: Virginia," archived October 3, 2014
  4. University of Richmond Law Review, "Reconsidering Virginia Judicial Selection," November 2008
  5. 5.0 5.1 5.2 5.3 5.4 5.5 5.6 Virginia's Legislative Information System, "Constitution of Virginia," accessed September 19, 2014 (Scroll to Article VI) Cite error: Invalid <ref> tag; name "VAconst" defined multiple times with different content Cite error: Invalid <ref> tag; name "VAconst" defined multiple times with different content Cite error: Invalid <ref> tag; name "VAconst" defined multiple times with different content
  6. National Center for State Courts, "Methods of Judicial Selection," accessed August 18, 2021
  7. National Center for State Courts, "Methods of Judicial Selection," accessed August 18, 2021
  8. National Center for State Courts, "Methods of Judicial Selection," accessed August 18, 2021
  9. National Center for State Courts, "Methods of Judicial Selection," accessed August 18, 2021
  10. National Center for State Courts, "Methods of Judicial Selection," accessed August 18, 2021
  11. National Center for State Courts, "Methods of Judicial Selection," accessed August 18, 2021
  12. National Center for State Courts, "Methods of Judicial Selection," accessed August 18, 2021
  13. National Center for State Courts, "Methods of Judicial Selection," accessed August 18, 2021
  14. National Center for State Courts, "Methods of Judicial Selection," accessed August 18, 2021
  15. National Center for State Courts, "Methods of Judicial Selection," accessed August 18, 2021
  16. Virginia Lawyers Weekly, "Iaquinto appointed to general district judgeship," June 2, 2013
  17. Bristol, Viginia Sheriff's Office, "The Office of the Virginia Magistrate, accessed August 19, 2021
  18. Virginia Law Library, "§ 19.2-35. Appointment; supervision generally," accessed April 18, 2023
  19. U.S. Courts, "FAQ: Federal Judges," accessed March 26, 2015
  20. American Bar Association, "Judicial Selection: The Process of Choosing Judges," accessed August 10, 2021