Court of Appeals of Virginia explained

Court Name:Court of Appeals of Virginia
Established:1985
Location:Virginia
Type:Legislative election
Authority:Va. Code § 17.1–400
Appealsto:Supreme Court of Virginia
Terms:8 years
Positions:17
Website:Court of Appeals
Chiefjudgetitle:Chief Judge
Chiefjudgename:Marla Graff Decker
Termstart:2019
Termend:-

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.

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.

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.[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.[3] The Court of Appeals may designate seven retired judges of the Court to serve as senior judges.

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.

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.

Decisions are issued by the Court of Appeals by written opinion or order.[5]

Current composition

As of April 1, 2024:

Active

JudgeFirst electedExpiration[6] ChiefNote
Randolph A. Beales2006April 16, 2030align=center
Glen A. Huff2011[7] July 31, 2027 (officially; see note)align=center 2015–2018His term will end on his retirement effective December 31, 2024
Marla Graff Decker2013January 31, 2030align=center 2019–present
Richard Y. AtLee Jr.2015[8] January 31, 2031align=center
Mary Grace O'Brien2015[9] January 31, 2031align=center
Mary B. Malveaux2016April 15, 2032align=center
Clay Athey2019August 31, 2027align=center
Junius P. Fulton, III2021[10] August 31, 2029
Daniel E. Ortiz2021[11] August 31, 2029
Doris Henderson Causey2021[12] August 31, 2029align=center
Frank K. Friedman2021[13] August 31, 2029align=center
Vernida R. Chaney2021[14] August 31, 2029
Lisa M. Lorish2021[15] August 31, 2029
Stuart A. Raphael2021[16] August 31, 2029align=center
Dominique A. Callins2021[17] October 31, 2029
Kimberley S. White2022[18] June 30, 2030
Steven C. Frucci2024[19] March 15, 2032
David Bernhard2024, effective 2025January 1, 2033His term will begin on January 1, 2025

Senior

JudgeActive serviceChiefSenior
since
Rosemarie Annunziata1995–2004[20] align=center ——2005
Jean Harrison Clements2000–2008[21] align=center ——2009
Robert P. Frank1999–2014[22] align=center ——2015
James W. Haley, Jr.2005–2012[23] align=center ——2012

Chief judges

JudgeChief
E. Ballard Baker1985
Lawrence L. Koontz, Jr.1985–1993
Norman K. Moon1993–1997
Johanna L. Fitzpatrick1997–2006[24]
Walter S. Felton, Jr.2006–2014
Glen A. Huff2015–2019[25]
Marla Graff Decker2019–[26]

External links

Notes and 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. Web site: SB 1261 Court of Appeals; expands jurisdiction, increases from 11 to 17 number of judges on Court . 2021-06-04 . lis.virginia.gov.
  3. Web site: The Court of Appeals of Virginia . 9 April 2024 . Virginia's Judicial System / About.
  4. Web site: LIS > Bill Tracking > SB1261 > 2021 session. 2021-06-14. lis.virginia.gov.
  5. Web site: The Court of Appeals of Virginia (informational pamphlet) . dead . https://web.archive.org/web/20130602172332/http://www.courts.state.va.us/courts/cav/cavinfo.pdf . 2 June 2013 . 27 March 2013 . Virginia's Judicial System.
  6. Web site: Virginia Justices and Judges Terms of Office . 2024-04-01.
  7. Web site: Glen Huff. Judgepedia. 27 March 2013. https://web.archive.org/web/20121019212852/http://judgepedia.org/index.php/Glen_Huff. 19 October 2012.
  8. News: Albiges. Marie. General Assembly Moves York Judge to Appeals Court, Reappoints WJCC District Judge. 23 March 2015. WYDaily.com. 22 January 2015. WYDailyAtLee.
  9. News: Judge Kelsey Appointed to Supreme Court of Virginia. 23 March 2015. Virginia State Bar. 21 January 2015. VSBKelsey.
  10. Web site: 2021-08-10. Virginia lawmakers elect 8 new judges to appeals court. 2021-08-14. AP NEWS. en.
  11. Web site: 2021-08-10. Virginia lawmakers elect 8 new judges to appeals court. 2021-08-14. AP NEWS. en.
  12. Web site: 2021-08-10. Virginia lawmakers elect 8 new judges to appeals court. 2021-08-14. AP NEWS. en.
  13. Web site: 2021-08-10. Virginia lawmakers elect 8 new judges to appeals court. 2021-08-14. AP NEWS. en.
  14. Web site: 2021-08-10. Virginia lawmakers elect 8 new judges to appeals court. 2021-08-14. AP NEWS. en.
  15. Web site: 2021-08-10. Virginia lawmakers elect 8 new judges to appeals court. 2021-08-14. AP NEWS. en.
  16. Web site: 2021-08-10. Virginia lawmakers elect 8 new judges to appeals court. 2021-08-14. AP NEWS. en.
  17. Web site: 2021-08-10. Virginia lawmakers elect 8 new judges to appeals court. 2021-08-14. AP NEWS. en.
  18. Web site: 2022-06-18 . After impasse, legislators elect 2 Supreme Court justices . 2022-07-11 . AP NEWS . en.
  19. Web site: 2024-03-12 . Frucci, Bernhard tapped for appeals court . live . https://web.archive.org/web/20240314184454/https://www.vba.org/news/667199/Frucci-Bernhard-tapped-for-appeals-court.htm . 2024-03-14 . 2024-04-02 . The Virginia Bar Association . en.
  20. Lawyers in the News. Virginia Lawyers Weekly. September 26, 2005.
  21. Cooper. Alan. Judge Clements to retire from appeals court. Virginia Lawyers Weekly. November 24, 2008. 27 March 2013.
  22. News: Vieth. Peter. Assembly requests recommendations for appellate judgeships. 23 March 2015. Virginia Lawyers Weekly. Virginia Lawyers Media. 22 September 2014. VLW20140922.
  23. Web site: James Haley. Judgepedia. 27 March 2013. https://web.archive.org/web/20121019212159/http://judgepedia.org/index.php/James_Haley. 19 October 2012.
  24. Web site: The McCammon Group, Hon. Johanna L. Fitzpatrick (Ret.). March 10, 2016. https://web.archive.org/web/20160310201248/http://www.mccammongroup.com/neutrals/hon-johanna-l-fitzpatrick-ret/. 2016-03-10.
  25. Web site: Glen A. Huff Named Chief Judge-elect of Court of Appeals of Virginia. Virginia State Bar. 23 March 2015. VSBHuffCJ.
  26. Web site: Judge Marla Graff Decker is elected chief judge-elect of the Virginia Court of Appeals. 3 December 2018 .