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Court of Appeals of Virginia

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Court of Appeals of Virginia
Map
Established1985
LocationVirginia
Composition methodLegislative election
Authorised byVa. Code § 17.1–400
Appeals toSupreme Court of Virginia
Judge term length8 years
Number of positions17
WebsiteCourt of Appeals
Chief Judge
CurrentlyMarla Graff Decker
Since2019
Lead position ends-

TheCourt of Appeals of Virginia, established January 1, 1985, is anintermediate appellate court of 17 judges that hears appeals from decisions of Virginia'scircuit courts and theVirginia Workers' Compensation Commission. The Court sits in panels of at least three judges, and sometimes hears casesen banc. Appeals from the Court of Appeals go to theSupreme Court of Virginia.

History

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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.[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

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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.[2] The Court of Appeals may designate seven retired judges of the Court to serve as senior judges.[2]

Jurisdiction

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Reforms effective January 2022

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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:

  • Litigants can nowappeal 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

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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.[4]

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

Current composition

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As of January 1, 2025:

Active

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Judge[6]BornJoinedTerm ends[7]Law school
Marla Graff Decker,Chief Judge (1958-05-31)May 31, 1958 (age 66)November 1, 2013January 31, 2030Richmond
Randolph A. Beales (1960-02-10)February 10, 1960 (age 65)April 16, 2006April 16, 2030Virginia
Mary Grace O'Brien1958 (age 66–67)February 1, 2015January 31, 2031W&L
Richard Y. AtLee Jr.1971 (age 53–54)February 1, 2015January 31, 2031William & Mary
Mary B. Malveaux1967 (age 57–58)April 16, 2016April 15, 2032Richmond
Clay Athey (1960-09-01)September 1, 1960 (age 64)September 1, 2019August 31, 2027Dayton
Junius P. Fulton III1958 (age 66–67)September 1, 2021August 31, 2029William & Mary
Daniel E. Ortiz (1977-05-19)May 19, 1977 (age 47)September 1, 2021August 31, 2029GW
Doris Henderson Causey1970 (age 54–55)September 1, 2021August 31, 2029Texas Southern
Frank K. Friedman1958 (age 66–67)September 1, 2021August 31, 2029Vanderbilt
Vernida R. ChaneySeptember 1, 2021August 31, 2029Howard
Stuart A. Raphael1964 (age 60–61)September 1, 2021August 31, 2029Virginia
Lisa M. Lorish1980 (age 44–45)September 1, 2021August 31, 2029Virginia
Dominique A. Callins (1979-03-11)March 11, 1979 (age 46)November 1, 2021October 31, 2029William & Mary
Kimberly S. White1963 (age 61–62)July 1, 2022June 30, 2030Mercer
Steven C. Frucci (1966-02-02)February 2, 1966 (age 59)March 16, 2024March 15, 2032Carolina
David BernhardJanuary 1, 2025December 31, 2032WashU

Senior

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JudgeActive serviceChiefSenior
since
Rosemarie Annunziata1995–2004[8]——2005[8]
Jean Harrison Clements2000–2008[9]——2009[9]
Robert P. Frank1999–2014[10]——2015[10]
James W. Haley, Jr.2005–2012[11]——2012[11]

Chief judges

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JudgeChief
E. Ballard Baker1985
Lawrence L. Koontz, Jr.1985–1993
Norman K. Moon1993–1997
Johanna L. Fitzpatrick1997–2006[12]
Walter S. Felton, Jr.2006–2014
Glen A. Huff2015–2019[13]
Marla Graff Decker2019–[14]

References

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  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. ^abcd"The Court of Appeals of Virginia"(PDF).Virginia's Judicial System / About. RetrievedApril 9, 2024.
  3. ^"SB 1261 Court of Appeals; expands jurisdiction, increases from 11 to 17 number of judges on Court".lis.virginia.gov. RetrievedJune 4, 2021.
  4. ^abc"LIS > Bill Tracking > SB1261 > 2021 session".lis.virginia.gov. RetrievedJune 14, 2021.
  5. ^"The Court of Appeals of Virginia (informational pamphlet)"(PDF). Virginia's Judicial System. Archived fromthe original(PDF) on June 2, 2013. RetrievedMarch 27, 2013.
  6. ^"Judges of the Court of Appeals of Virginia, 1985-".Virginia Appellate Court History.
  7. ^"Virginia Justices and Judges Terms of Office"(PDF). RetrievedApril 1, 2024.
  8. ^ab"Lawyers in the News".Virginia Lawyers Weekly. September 26, 2005.
  9. ^abCooper, Alan (November 24, 2008)."Judge Clements to retire from appeals court".Virginia Lawyers Weekly. RetrievedMarch 27, 2013.
  10. ^abVieth, Peter (September 22, 2014)."Assembly requests recommendations for appellate judgeships".Virginia Lawyers Weekly. Virginia Lawyers Media. RetrievedMarch 23, 2015.
  11. ^ab"James Haley".Judgepedia. Archived fromthe original on October 19, 2012. RetrievedMarch 27, 2013.
  12. ^"The McCammon Group, Hon. Johanna L. Fitzpatrick (Ret.)". Archived fromthe original on March 10, 2016. RetrievedMarch 10, 2016.
  13. ^"Glen A. Huff Named Chief Judge-elect of Court of Appeals of Virginia".Virginia State Bar. RetrievedMarch 23, 2015.
  14. ^"Judge Marla Graff Decker is elected chief judge-elect of the Virginia Court of Appeals". December 3, 2018.

External links

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State intermediateappellate courts in the United States
Retrieved from "https://en.wikipedia.org/w/index.php?title=Court_of_Appeals_of_Virginia&oldid=1277853539"
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