Court of Appeals of Virginia

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Court of Appeals of Virginia
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Court of Appeals of Virginia
Established1985
Location Virginia
Composition methodLegislative election
Authorised by Va. Code § 17.1–400
Appeals to Supreme Court of Virginia
Judge term length8 years
Number of positions17
Website Court of Appeals
Chief Judge
Currently Marla Graff Decker
Since2019
Lead position ends-

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.

Contents

History

A 1971 Virginia Court System Study Commission stated the need for a unified court system to handle appeals. [1] The Court of Appeals of Virginia was established on January 1, 1985, as an intermediate court of limited appellate jurisdiction, initially with ten judges, with an eleventh judge added in 2000. [2]

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

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. [2] The Court of Appeals may designate seven retired judges of the Court to serve as senior judges. [2]

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:

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 timely notice of appeal in the tribunal whose order is being appealed and a copy with the clerk of the Court of Appeals. [4]

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

Current composition

As of April 1, 2024:

Active

JudgeFirst electedExpiration [6] ChiefNote
Randolph A. Beales 2006April 16, 2030
Marla Graff Decker 2013January 31, 20302019–present
Richard Y. AtLee Jr. 2015 [7] January 31, 2031
Mary Grace O'Brien 2015 [8] January 31, 2031
Mary B. Malveaux 2016April 15, 2032
Clay Athey 2019August 31, 2027
Junius P. Fulton, III2021 [9] August 31, 2029
Daniel E. Ortiz2021 [9] August 31, 2029
Doris Henderson Causey 2021 [9] August 31, 2029
Frank K. Friedman2021 [9] August 31, 2029
Vernida R. Chaney2021 [9] August 31, 2029
Lisa M. Lorish2021 [9] August 31, 2029
Stuart A. Raphael2021 [9] August 31, 2029
Dominique A. Callins2021 [9] October 31, 2029
Kimberley S. White2022 [10] June 30, 2030
Steven C. Frucci 2024 [11] March 15, 2032
David Bernhard 2024, effective 2025 [11] January 1, 2033

Senior

JudgeActive serviceChief Senior
since
Rosemarie Annunziata1995–2004 [12] ——2005 [12]
Jean Harrison Clements2000–2008 [13] ——2009 [13]
Robert P. Frank1999–2014 [14] ——2015 [14]
James W. Haley, Jr.2005–2012 [15] ——2012 [15]

Chief judges

JudgeChief
E. Ballard Baker1985
Lawrence L. Koontz, Jr. 1985–1993
Norman K. Moon 1993–1997
Johanna L. Fitzpatrick 1997–2006 [16]
Walter S. Felton, Jr.2006–2014
Glen A. Huff 2015–2019 [17]
Marla Graff Decker 2019– [18]

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References

  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. 1 2 3 4 "The Court of Appeals of Virginia" (PDF). Virginia's Judicial System / About. Retrieved 9 April 2024.
  3. "SB 1261 Court of Appeals; expands jurisdiction, increases from 11 to 17 number of judges on Court". lis.virginia.gov. Retrieved 2021-06-04.
  4. 1 2 3 "LIS > Bill Tracking > SB1261 > 2021 session". lis.virginia.gov. Retrieved 2021-06-14.
  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. "Virginia Justices and Judges Terms of Office" (PDF). Retrieved 2024-04-01.
  7. Albiges, Marie (22 January 2015). "General Assembly Moves York Judge to Appeals Court, Reappoints WJCC District Judge". WYDaily.com. Archived from the original on April 19, 2015. Retrieved 23 March 2015.
  8. "Judge Kelsey Appointed to Supreme Court of Virginia". Virginia State Bar. 21 January 2015. Retrieved 23 March 2015.
  9. 1 2 3 4 5 6 7 8 "Virginia lawmakers elect 8 new judges to appeals court". AP NEWS. 2021-08-10. Retrieved 2021-08-14.
  10. "After impasse, legislators elect 2 Supreme Court justices". AP NEWS. 2022-06-18. Retrieved 2022-07-11.
  11. 1 2 "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.
  12. 1 2 "Lawyers in the News". Virginia Lawyers Weekly. September 26, 2005.
  13. 1 2 Cooper, Alan (November 24, 2008). "Judge Clements to retire from appeals court". Virginia Lawyers Weekly. Retrieved 27 March 2013.
  14. 1 2 Vieth, Peter (22 September 2014). "Assembly requests recommendations for appellate judgeships". Virginia Lawyers Weekly. Virginia Lawyers Media. Retrieved 23 March 2015.
  15. 1 2 "James Haley". Judgepedia. Archived from the original on 19 October 2012. Retrieved 27 March 2013.
  16. "The McCammon Group, Hon. Johanna L. Fitzpatrick (Ret.)". Archived from the original on 2016-03-10. Retrieved March 10, 2016.
  17. "Glen A. Huff Named Chief Judge-elect of Court of Appeals of Virginia". Virginia State Bar. Retrieved 23 March 2015.
  18. "Judge Marla Graff Decker is elected chief judge-elect of the Virginia Court of Appeals". 3 December 2018.