Virginia Constitution ARTICLE VI - Judiciary

Virginia Constitution – Article VI: Judiciary

Article VI of the Virginia Constitution outlines the structure, powers, and responsibilities of the judicial branch of Virginia's government. Here is a summary of the key sections and provisions:

Section 1: Judicial Power

The judicial power is vested in a unified court system comprising:

The Supreme Court of Virginia

The Court of Appeals

The Circuit Courts

The District Courts

The General Assembly may establish additional courts as needed.

Section 2: Supreme Court

The Supreme Court is the court of last resort in Virginia.

It consists of 7 justices, elected by the General Assembly.

The Chief Justice is selected by the justices of the Court.

The Supreme Court has:

Appellate jurisdiction

Authority to issue writs (e.g., habeas corpus, mandamus)

Original jurisdiction in limited cases (e.g., disciplinary proceedings against judges and attorneys).

Section 3: Court of Appeals

The Court of Appeals hears appeals from:

Circuit Courts

State administrative agencies

Final decisions of certain state bodies

It helps reduce the case burden on the Supreme Court.

Section 4: Circuit Courts

Circuit Courts are trial courts of general jurisdiction.

They hear felony cases, civil cases over a certain amount, and appeals from District Courts.

Section 5: District Courts

District Courts include:

General District Courts (for misdemeanors, traffic violations, civil cases under a limit)

Juvenile and Domestic Relations District Courts

Judges are elected by the General Assembly for fixed terms.

Section 6: Judicial Appointments and Terms

Judges of all courts are elected by the General Assembly for set terms:

Supreme Court: 12 years

Court of Appeals and Circuit Courts: 8 years

District Courts: 6 years

Judges may be reappointed.

There are provisions for the temporary appointment of judges if vacancies occur.

Section 7: Removal and Discipline

Judges can be removed or disciplined for:

Misconduct

Failure to perform duties

Conviction of crimes

This is handled by the Judicial Inquiry and Review Commission and reviewed by the Supreme Court.

Section 8: Rules of Practice and Procedure

The Supreme Court has the authority to make rules governing court procedures, subject to modification or annulment by the General Assembly.

 

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