Court of Appeals of Virginia

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Court of Appeals of Virginia
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Court of Appeals of Virginia
Interactive map of 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 January 1, 2025:

Active

Judge [6] BornJoinedTerm ends [7] Law school
Marla Graff Decker , Chief JudgeMay 31, 1958 (age 67)November 1, 2013January 31, 2030 Richmond
Randolph A. Beales February 10, 1960 (age 65)April 16, 2006April 16, 2030 Virginia
Mary Grace O'Brien October 28, 1958 (age 67)February 1, 2015January 31, 2031 W&L
Richard Y. AtLee Jr. September 15, 1971 (age 54)February 1, 2015January 31, 2031 William & Mary
Mary B. Malveaux September 2, 1967 (age 58)April 16, 2016April 15, 2032 Richmond
Clay Athey September 1, 1960 (age 65)September 1, 2019August 31, 2027 Dayton
Daniel E. OrtizMay 19, 1977 (age 48)September 1, 2021August 31, 2029 George Washignton
Doris Henderson Causey 1970 (age 55–56)September 1, 2021August 31, 2029 Texas Southern
Frank K. FriedmanDecember 4, 1958 (age 67)September 1, 2021August 31, 2029 Vanderbilt
Vernida R. Chaney1978 (age 47–48)September 1, 2021August 31, 2029 Howard
Stuart A. RaphaelSeptember 29, 1964 (age 61)September 1, 2021August 31, 2029 Virginia
Lisa M. Lorish1980 (age 45–46)September 1, 2021August 31, 2029 Virginia
Dominique A. CallinsMarch 11, 1979 (age 46)November 1, 2021October 31, 2029 William & Mary
Kimberly S. White1963 (age 62–63)July 1, 2022June 30, 2030 Mercer
Steven C. Frucci February 2, 1966 (age 59)March 16, 2024March 15, 2032 Carolina
David Bernhard –January 1, 2025December 31, 2032 WashU
Kevin M. Duffan–January 1, 2026December 31, 2033 William & Mary

Senior

JudgeActive serviceChief Senior
since
Rosemarie Annunziata1995–2004 [8] ——2005 [8]
Jean Harrison Clements2000–2008 [9] ——2009 [9]
William G. Petty 2006–2021 [10] ——2021 [10]
Robert J. Humphreys 2008–2023 [11] ——2024 [11]

Chief judges

JudgeChief
E. Ballard Baker1985
Lawrence L. Koontz, Jr. 1985–1993
Norman K. Moon 1993–1997
Johanna L. Fitzpatrick 1997–2006 [12]
Walter S. Felton, Jr.2006–2014
Glen A. Huff 2015–2019 [13]
Marla Graff Decker 2019– [14]

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 April 9, 2024.
  3. ↑ "SB 1261 Court of Appeals; expands jurisdiction, increases from 11 to 17 number of judges on Court". lis.virginia.gov. Retrieved June 4, 2021.
  4. 1 2 3 "LIS > Bill Tracking > SB1261 > 2021 session". lis.virginia.gov. Retrieved June 14, 2021.
  5. ↑ "The Court of Appeals of Virginia (informational pamphlet)" (PDF). Virginia's Judicial System. Archived from the original (PDF) on June 2, 2013. Retrieved March 27, 2013.
  6. ↑ "Judges of the Court of Appeals of Virginia, 1985-". Virginia Appellate Court History.
  7. ↑ "Virginia Justices and Judges Terms of Office" (PDF). Retrieved April 1, 2024.
  8. 1 2 "Lawyers in the News". Virginia Lawyers Weekly. September 26, 2005.
  9. 1 2 Cooper, Alan (November 24, 2008). "Judge Clements to retire from appeals court". Virginia Lawyers Weekly. Retrieved March 27, 2013.
  10. 1 2 "William Petty". Ballotpedia. Retrieved December 4, 2025.
  11. 1 2 "Robert Humphreys". Ballotpedia. Retrieved December 4, 2025.
  12. ↑ "The McCammon Group, Hon. Johanna L. Fitzpatrick (Ret.)". Archived from the original on March 10, 2016. Retrieved March 10, 2016.
  13. ↑ "Glen A. Huff Named Chief Judge-elect of Court of Appeals of Virginia". Virginia State Bar. Retrieved March 23, 2015.
  14. ↑ "Judge Marla Graff Decker is elected chief judge-elect of the Virginia Court of Appeals". December 3, 2018.
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