Virginia Law

A. The Chief Justice of the Supreme Court may call upon any justice of the Supreme Court, any judge of the Court of Appeals, or any judge of a circuit court who is retired under the Judicial Retirement System (§ 51.1-300 et seq.) when such retired justice or judge has been found qualified within the preceding three years by the House and Senate Committees for Courts of Justice to sit in recall either to (i) hear a specific case or cases pursuant to the provisions of § 17.1-105, such designation to continue in effect for the duration of the case or cases, or (ii) perform for a period of time not to exceed 90 days at any one time such judicial duties in any circuit court as the Chief Justice shall deem in the public interest for the expeditious disposition of the business of the courts.

B. It shall be the obligation of any retired justice or judge who is recalled to temporary service under this section and who has not attained age 70 to accept the recall and perform the duties assigned. It shall be within the discretion of any justice or judge who has attained age 70 to accept such recall.

C. Any justice or judge recalled to duty under this section shall have all the powers, duties, and privileges attendant on the position he is recalled to serve.

D. Notwithstanding the provisions of subsection A, the Chief Justice may call upon and authorize any justice or judge of a court of record whose retirement becomes effective during the interim period between regularly scheduled sessions of the General Assembly to sit in recall either to (i) hear a specific case or cases pursuant to the provisions of § 17.1-105, and such designation shall continue in effect for the duration of the case or cases, or (ii) perform, for a period of time not to exceed 90 days at any one time, such judicial duties in any circuit court as the Chief Justice shall deem in the public interest for the expeditious disposition of the business of the courts.

E. All retired circuit court judges who have requested to sit in recall shall be evaluated during the final year of the three-year period following qualification by the House and Senate Committees for Courts of Justice using an evaluation form prepared and distributed by the Office of the Executive Secretary of the Supreme Court of Virginia. An annual report containing the results of such evaluations conducted that year shall be prepared and transmitted to the House and Senate Committees for Courts of Justice by the first day of the next regular session of the General Assembly.

1990, c. 832, § 17-7.01; 1998, c. 872; 2001, c. 59; 2014, c. 776; 2018, c. 709; 2022, c. 532; 2023, c. 313.