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.
| Court of Appeals of Virginia | |
|---|---|
 | |
 | |
| Established | 1985 |
| Location | Virginia |
| Composition method | Legislative election |
| Authorised by | Va. Code § 17.1–400 |
| Appeals to | Supreme Court of Virginia |
| Judge term length | 8 years |
| Number of positions | 17 |
| Website | Court of Appeals |
| Chief Judge | |
| Currently | Marla Graff Decker |
| Since | 2019 |
| Lead position ends | - |
History
editA 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.[2]
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.[3][2]
Judges
editThe 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.[2] The Court of Appeals may designate seven retired judges of the Court to serve as senior judges.[2]
Jurisdiction
editReforms effective January 2022
editAs 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:
- Litigants can now appeal as of right a lower court's decision in civil cases, and the Supreme Court of Virginia will retain the power to select which appeals it hears.
- Criminal defendants can now appeal as of right a lower court's decision in criminal cases, but the Commonwealth will still need to petition the Court of Appeals if it wishes to appeal a decision in a criminal case.
- The Court of Appeals now has jurisdiction to hear interlocutory appeals and petitions for review of injunctions.[4]
An appeal filed with the Supreme Court of Virginia before January 1, 2022, remains under its jurisdiction.[4]
Procedure
editSince 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.[4]
Decisions are issued by the Court of Appeals by written opinion or order.[5]
Current composition
editAs of April 1, 2024:
Active
edit| Judge | First elected | Expiration[6] | Chief | Note |
|---|---|---|---|---|
| Randolph A. Beales | 2006 | April 16, 2030 | — | |
| Glen A. Huff | 2011[7] | July 31, 2027 (officially; see note) | 2015–2018 | His term will end on his retirement effective December 31, 2024[8] |
| Marla Graff Decker | 2013 | January 31, 2030 | 2019–present | |
| Richard Y. AtLee Jr. | 2015[9] | January 31, 2031 | — | |
| Mary Grace O'Brien | 2015[10] | January 31, 2031 | — | |
| Mary B. Malveaux | 2016 | April 15, 2032 | — | |
| Clay Athey | 2019 | August 31, 2027 | — | |
| Junius P. Fulton, III | 2021[11] | August 31, 2029 | — | |
| Daniel E. Ortiz | 2021[11] | August 31, 2029 | — | |
| Doris Henderson Causey | 2021[11] | August 31, 2029 | — | |
| Frank K. Friedman | 2021[11] | August 31, 2029 | — | |
| Vernida R. Chaney | 2021[11] | August 31, 2029 | — | |
| Lisa M. Lorish | 2021[11] | August 31, 2029 | — | |
| Stuart A. Raphael | 2021[11] | August 31, 2029 | — | |
| Dominique A. Callins | 2021[11] | October 31, 2029 | — | |
| Kimberley S. White | 2022[12] | June 30, 2030 | — | |
| Steven C. Frucci | 2024[8] | March 15, 2032 | — | |
| David Bernhard | 2024, effective 2025[8] | January 1, 2033 | — | His term will begin on January 1, 2025[8] |
Senior
edit| Judge | Active service | Chief | Senior since |
|---|---|---|---|
| Rosemarie Annunziata | 1995–2004[13] | —— | 2005[13] |
| Jean Harrison Clements | 2000–2008[14] | —— | 2009[14] |
| Robert P. Frank | 1999–2014[15] | —— | 2015[15] |
| James W. Haley, Jr. | 2005–2012[16] | —— | 2012[16] |
Chief judges
edit| Judge | Chief |
|---|---|
| E. Ballard Baker | 1985 |
| Lawrence L. Koontz, Jr. | 1985–1993 |
| Norman K. Moon | 1993–1997 |
| Johanna L. Fitzpatrick | 1997–2006[17] |
| Walter S. Felton, Jr. | 2006–2014 |
| Glen A. Huff | 2015–2019[18] |
| Marla Graff Decker | 2019–[19] |
References
edit- ^ 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)
- ^ a b c d "The Court of Appeals of Virginia" (PDF). Virginia's Judicial System / About. Retrieved 9 April 2024.
- ^ "SB 1261 Court of Appeals; expands jurisdiction, increases from 11 to 17 number of judges on Court". lis.virginia.gov. Retrieved 2021-06-04.
- ^ a b c "LIS > Bill Tracking > SB1261 > 2021 session". lis.virginia.gov. Retrieved 2021-06-14.
- ^ "The Court of Appeals of Virginia (informational pamphlet)" (PDF). Virginia's Judicial System. Archived from the original (PDF) on 2 June 2013. Retrieved 27 March 2013.
- ^ "Virginia Justices and Judges Terms of Office" (PDF). Retrieved 2024-04-01.
- ^ "Glen Huff". Judgepedia. Archived from the original on 19 October 2012. Retrieved 27 March 2013.
- ^ a b c d "Frucci, Bernhard tapped for appeals court". The Virginia Bar Association. 2024-03-12. Archived from the original on 2024-03-14. Retrieved 2024-04-02.
- ^ Albiges, Marie (22 January 2015). "General Assembly Moves York Judge to Appeals Court, Reappoints WJCC District Judge". WYDaily.com. Retrieved 23 March 2015.[permanent dead link]
- ^ "Judge Kelsey Appointed to Supreme Court of Virginia". Virginia State Bar. 21 January 2015. Retrieved 23 March 2015.
- ^ a b c d e f g h "Virginia lawmakers elect 8 new judges to appeals court". AP NEWS. 2021-08-10. Retrieved 2021-08-14.
- ^ "After impasse, legislators elect 2 Supreme Court justices". AP NEWS. 2022-06-18. Retrieved 2022-07-11.
- ^ a b "Lawyers in the News". Virginia Lawyers Weekly. September 26, 2005.
- ^ a b Cooper, Alan (November 24, 2008). "Judge Clements to retire from appeals court". Virginia Lawyers Weekly. Retrieved 27 March 2013.
- ^ a b Vieth, Peter (22 September 2014). "Assembly requests recommendations for appellate judgeships". Virginia Lawyers Weekly. Virginia Lawyers Media. Retrieved 23 March 2015.
- ^ a b "James Haley". Judgepedia. Archived from the original on 19 October 2012. Retrieved 27 March 2013.
- ^ "The McCammon Group, Hon. Johanna L. Fitzpatrick (Ret.)". Archived from the original on 2016-03-10. Retrieved March 10, 2016.
- ^ "Glen A. Huff Named Chief Judge-elect of Court of Appeals of Virginia". Virginia State Bar. Retrieved 23 March 2015.
- ^ "Judge Marla Graff Decker is elected chief judge-elect of the Virginia Court of Appeals". 3 December 2018.
External links
edit- A Short History of the Court of Appeals of Virginia
- The Court of Appeals of Virginia Website.
- Frequently Asked Questions About the Court of Appeals of Virginia
- Published Court of Appeals of Virginia Opinions (since 5/2/1995).
- Unpublished Court of Appeals of Virginia Opinions (since 3/5/2022).
- Search Court of Appeals of Virginia Opinions.
- Recordings of Court of Appeals of Virginia Oral Arguments (since 5/20/2014).
- Search Court of Appeals of Virginia Case Status Information.