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Code of Virginia

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Code of Virginia
Title 42.1. Libraries
Subtitle .
Chapter 4. Law Libraries
11/22/2024

Chapter 4. Law Libraries.

§ 42.1-60. State Law Library managed by Supreme Court.

There shall be a State Law Library at Richmond maintained as at present, which shall be managed by the Supreme Court. The Court shall appoint the librarian and other employees to hold office at the pleasure of the Court.

Code 1950, § 42-13; 1970, c. 606; 1977, c. 397; 2022, c. 355.

§ 42.1-61. Books, etc., constituting State Law Library.

The State Law Library shall consist of the books, periodicals, audiovisual materials, and other media now in the law library at Richmond, with such additions as may be made thereto.

Code 1950, § 42-14; 1970, c. 606; 2022, c. 355.

§ 42.1-62. Additions to Library.

The Supreme Court shall, from time to time, make additions to the State Law Library by purchases, and may lease or purchase computer terminals for the purpose of retrieving available legal reference data, with funds at its disposal for these purposes, and may cause books to be transferred from one law library to another. All law books acquired by the Commonwealth by gift, or by exchange, from the United States, or other states and countries, shall be placed in the Library.

Code 1950, § 42-15; 1970, c. 606; 1977, c. 397; 2011, c. 537.

§ 42.1-63. Regulation of State Law Library.

The Supreme Court shall have the power to make and enforce such rules and orders for the regulation of the State Law Library, and the use thereof, as it determines is appropriate.

Code 1950, § 42-16; 1970, c. 606; 1977, c. 397; 1989, c. 704; 2022, c. 355.

§ 42.1-64. Who may use Library.

The Governor and other state officers at the seat of government, the Reporter of the Supreme Court, members of the General Assembly and an individual designated by a member of the General Assembly to perform legal research, judges of courts, and practicing attorneys in good standing, and such other persons as the Supreme Court shall designate, shall have the use of the State Law Library, under such rules and regulations as the Court shall make.

Code 1950, § 42-17; 1970, c. 606; 1977, c. 397; 2009, c. 584.

§ 42.1-65. Local law libraries in charge of circuit court clerks; computer research services; expenses.

A. If the members of the bar practicing in any county or city of the Commonwealth shall procure by voluntary contribution a law library with a value of at least $500 for the use of the courts held in such county or city, and of the bar practicing therein, it shall be the duty of the circuit court of such county or city to require its clerk to take charge of the law library so contributed and to keep the law library in the courthouse or clerk's office building according to the rules prescribed by the bar and approved by the court. In addition, all or a portion of such law library may be housed in the local public library with the approval of and subject to the management and control of the local public library.

B. If the members of the bars practicing in two or more adjoining counties or cities of the Commonwealth shall jointly procure by voluntary contribution a law library with a value of at least $500 for the joint use of the courts held in such counties and cities, and of the bars practicing therein, it shall be the joint duty of the circuit courts of such counties and cities to require one of its clerks to take charge of the law library so contributed and to keep the law library in the most convenient courthouse or clerk's office building according to the rules jointly prescribed by the bars and jointly approved by the courts.

C. Such local and regional law libraries may purchase or lease computer terminals for the purpose of retrieving available legal reference data, and if so, the library rules shall provide for the assessment and collection of fees, which may include use of a flat rate or fee structure, for the use of computer research services other than for official use of the courts, attorneys for the Commonwealth and public defenders and their assistants, and counties and cities serviced by such libraries, which fees shall be sufficient to cover the expenses of such services.

Code 1950, § 42-18; 1962, c. 515; 1970, c. 606; 1977, c. 397; 1989, c. 704; 2009, c. 617; 2022, c. 355.

§ 42.1-66. Circuit courts to enforce rules for government of such libraries.

The observance of the rules so prescribed and approved may be enforced by a circuit court sitting within the area served by the particular local or regional library by such summary process and judgment as shall be provided by such rules.

Code 1950, § 42-19; 1962, c. 515; 1970, c. 606; 1977, c. 397.

§ 42.1-67. Repealed.

Repealed by Acts 1977, c. 397.

§ 42.1-70. Assessment for law library as part of costs in civil actions; contributions from bar associations.

Any county, city, or town may, through its governing body, assess as part of the costs incident to each civil action filed in the courts located within its boundaries a sum not in excess of $4.

The imposition of such assessment shall be by ordinance of the governing body, which ordinance may provide for different sums in circuit courts and district courts, and the assessment shall be collected by the clerk of the court in which the action is filed and remitted to the treasurer of such county, city, or town and held by such treasurer subject to disbursements by the governing body for the acquisition of (i) law books, law periodicals and computer legal research services, and computer terminals for offsite placement to maximize access to the law library by the public and (ii) equipment for the establishment, use, and maintenance of a law library that shall be open for the use of the public at hours convenient to the public. In addition to the acquisition of law books, law periodicals and computer legal research services, and equipment, the disbursements may include compensation to be paid to librarians and other necessary staff for the maintenance of such library and acquisition of suitable quarters for such library. The compensation of such librarians and the necessary staff and the cost of suitable quarters for such library shall be fixed by the governing body and paid out of the fund created by the imposition of such assessment of cost. Disbursements may be made to purchase or lease computer terminals for the purpose of retaining such research services. The assessment provided for in this section shall be in addition to all other costs prescribed by law, but shall not apply to any action in which the Commonwealth or any political subdivision thereof or the federal government is a party and in which the costs are assessed against the Commonwealth or any political subdivision thereof or the federal government. The governing body is authorized to accept contributions to the fund from any bar association.

Any such library established in the County of Wythe shall be located only in a town that is the seat of the county government.

Code 1950, § 42-19.4; 1964, c. 439; 1964, Ex. Sess., c. 26; 1966, c. 225; 1970, c. 606; 1972, c. 343; 1977, c. 397; 1981, c. 48; 1982, c. 607; 1983, cc. 309, 355; 1984, c. 16; 1985, c. 381; 1988, c. 571; 2009, c. 617; 2022, c. 355.

§ 42.1-71. Establishment of regional law libraries by governing bodies.

Any two or more adjoining counties or cities assessing costs as provided in § 42.1-70 may jointly establish a regional law library, and each such regional library shall be open to the public.

1977, c. 145.