VIRGINIA CONSTITUTION
ARTICLE VI
JUDICIARY
Art. VI §1 | JUDICIAL POWER; JURISDICTION
The Supreme Court shall, by virtue of this Constitution, have original jurisdiction in cases of habeas corpus, mandamus, and prohibition; to consider claims of actual innocence presented by convicted felons in such cases and in such manner as may be provided by the General Assembly; in matters of judicial censure, retirement, and removal under Section 10 of this article, and to answer questions of state law certified by a court of the United States or the highest appellate court of any other state. All other jurisdiction of the Supreme Court shall be appellate. Subject to such reasonable rules as may be prescribed as to the course of appeals and other procedural matters, the Supreme Court shall, by virtue of this Constitution, have appellate jurisdiction in cases involving the constitutionality of a law under this Constitution or the Constitution of the United States and in cases involving the life or liberty of any person.
The General Assembly may allow the Commonwealth the right to appeal in all cases, including those involving the life or liberty of a person, provided such appeal would not otherwise violate this Constitution or the Constitution of the United States.
Subject to the foregoing limitations, the General Assembly shall have the power to determine the original and appellate jurisdiction of the courts of the Commonwealth.
Notes
The amendment ratified November 4, 1986 and effective December 1, 1986 — In paragraph three, after "relating to the State revenue.", added the last sentence "The General Assembly may also allow the Commonwealth...".
The amendment ratified November 5, 1996 and effective January 1, 1997 — Deleted the third paragraph: "No appeal shall be allowed to the Commonwealth..." and added a next-to-the-last paragraph: "The General Assembly may allow the Commonwealth...".
The amendment ratified November 5, 2002 and effective November 15, 2002-In paragraph two, after "mandamus, and prohibition", deleted the comma and added "; to consider claims of actual innocence presented by convicted felons in such cases and in such manner as may be provided by the General Assembly;" and after "article", deleted the comma and added a semicolon.
Art. VI §2 | SUPREME COURT
Art. VI §3 | SELECTION OF CHIEF JUSTICE
Art. VI §4 | ADMINISTRATION OF THE JUDICIAL SYSTEM
Art. VI §5 | RULES OF PRACTICE AND PROCEDURE
Art. VI §6 | OPINIONS AND JUDGMENTS OF THE SUPREME COURT
Art. VI §7 | SELECTION AND QUALIFICATION OF JUDGES
All justices of the Supreme Court and all judges of other courts of record shall be residents of the Commonwealth and shall, at least five years prior to their appointment or election, have been admitted to the bar of the Commonwealth. Each judge of a trial court of record shall during his term of office reside within the jurisdiction of one of the courts to which he was appointed or elected; provided, however, that where the boundary of such jurisdiction is changed by annexation or otherwise, no judge thereof shall thereby become disqualified from office or ineligible for reelection if, except for such annexation or change, he would otherwise be qualified.
Art. VI §8 | ADDITIONAL JUDICIAL PERSONNEL
The General Assembly may confer upon the clerks of the several courts having probate jurisdiction, jurisdiction of the probate of wills and of the appointment and qualification of guardians, personal representatives, curators, appraisers, and committees of persons adjudged insane or convicted of felony, and in the matter of the substitution of trustees.
Art. VI §9 | COMMISSION; COMPENSATION; RETIREMENT
The General Assembly may enact such laws as it deems necessary for the retirement of justices and judges, with such conditions, compensation, and duties as it may prescribe. The General Assembly may also provide for the mandatory retirement of justices and judges after they reach a prescribed age, beyond which they shall not serve, regardless of the term to which elected or appointed.
Art. VI §10 | DISABLED AND UNFIT JUDGES
Upon the filing of a complaint, the Supreme Court shall conduct a hearing in open court and, upon a finding of disability which is or is likely to be permanent and which seriously interferes with the performance by the judge of his duties, shall retire the judge from office. A judge retired under this authority shall be considered for the purpose of retirement benefits to have retired voluntarily.
If the Supreme Court after the hearing on the complaint finds that the judge has engaged in misconduct while in office, or that he has persistently failed to perform the duties of his office, or that he has engaged in conduct prejudicial to the proper administration of justice, it shall censure him or shall remove him from office. A judge removed under this authority shall not be entitled to retirement benefits, but only to the return of contributions made by him, together with any income accrued thereon.
This section shall apply to justices of the Supreme Court, to judges of other courts of record, and to members of the State Corporation Commission. The General Assembly also may provide by general law for the retirement, censure, or removal of judges of any court not of record, or other personnel exercising judicial functions.
Notes
Art. VI §11 | INCOMPATIBLE ACTIVITIES
Art. VI §12 | LIMITATION; JUDICIAL APPOINTMENT
Notes
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- State Agency Bribery;
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- State Agency Obstruction; and
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