Supreme Court of Virginia

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Supreme Court of Virginia
Sitting justices
Leroy Roundtree Hassell
Barbara Milano Keenan
Lawrence Koontz
Cnythia Kinser
Donald Lemons
Steven Agee
Bernard Goodwyn
Former justices
Virginia on Judgepedia

Contents

The Supreme Court of Virginia is the court of last resort in Virginia. It has its roots in the 17th-century English legal system, owing to the state's original establishment as an English colony. In 1970, the court was renamed to its current title, and is the highest court in the state. It primarily hears appeals from the trial-level city and county Circuit Courts, but also hears family law and administrative cases that have come through the Court of Appeals of Virginia.[1]

Jurisdiction

The court's primary function is to review lower court decisions, and state law does not allow appeals to the court "as a matter of right" except where the State Corporation Commission, the disbarment of an attorney or a review of the death penalty is involved.

The court has both original and appellate jurisdiction. Original jurisdiction is limited to matters filed by the Virginia Judicial Inquiry and Review Commission (on the topics of judicial censure, retirement, and the removal of judges) and to cases of habeas corpus, mandamus, prohibition, and "writs of actual innocence pursuant to Virginia's Code ยง 19.2-327.2."[2]

Procedure

Beginning in September, the justices meet five days a week in Richmond (where the court has been since the late 18th-century), and every seventh week thereafter, until the June docket is completed.

Appellate Review

"[A]ppellate review before the Supreme Court is a two step process in most cases. First, a petition is filed with the Clerk of the Supreme Court. Petitions are then assigned to a law clerk for research and further preparation. Oral arguments are heard before a panel of three justices. In a limited number of cases, oral arguments may be heard by the Chief Staff Attorney who then presents the case to a panel of three justices for decision. The justices conduct a thorough review on the merits of each case with the assistance of memoranda summarizing the facts and basic issues of each appeal. One justice may grant an appeal. Three justices must concur before an appeal is denied. If the petition is denied, the appeal process ends and the judgment of the lower court is affirmed. If the petition is granted, the second phase of the appeal proceeds with eventual argument of the cases before the full court."

"During the second phase of an appeal and before each session of the Court, the Clerk forwards to each justice a copy of the printed docket showing the cases to be heard at that session, together with a copy of the printed record and briefs filed in each case. This allows each justice to study the cases before they are argued orally."

"Opinions are made public on the last day of each session of the Court and are published in Virginia Reports."[3]

External Links

References