Virginia Court of Appeals

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The Court of Appeals of Virginia is the intermediate appellate court in Virginia. It was established in 1985. It was created in order to increase the appellate capacity of the court system and expedite the appellate process. It is made up of 17 judges who serve eight-year terms.[1][2] The court was originally made up of 11 judges, but the passage of SB 1261 in March 2021 increased the number of judges to 17.[3] On August 10, 2021, the Virginia General Assembly elected eight new members to the court–six to fill the newly established judicial seats and two members to fill vacant seats.[4] Seven of the eight judges took office on September 1, 2021, while one took office on November 1, 2021.[5]

  • Published opinions of the Court of Appeals of Virginia can be found here.
 
Virginia Court of Appeals
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Court information
Judges:   17
Founded:   1985
Salary:  Associates: $225,325[6]
Judicial selection
Method:   Legislative election of judges
Term:   8 years

Judges

Judge Tenure Appointed By

Dominique Callins

November 1, 2021 - Present

Virginia General Assembly

Clifford Lynwood Athey Jr.

September 1, 2019 - Present

Virginia General Assembly

Mary Grace O'Brien

February 1, 2015 - Present

Virginia General Assembly

Glen Huff

August 1, 2011 - Present

Virginia General Assembly

Randolph Beales

April 16, 2006 - Present

Virginia General Assembly

Vernida Chaney

September 1, 2021 - Present

Virginia General Assembly

Frank Friedman

September 1, 2021 - Present

Virginia General Assembly

Doris Henderson Causey

September 1, 2021 - Present

Virginia General Assembly

Lisa Lorish

September 1, 2021 - Present

Virginia General Assembly

Stuart Raphael

September 1, 2021 - Present

Virginia General Assembly

Daniel E. Ortiz

September 1, 2021 - Present

Virginia General Assembly

Junius P. Fulton III

September 1, 2021 - Present

Virginia General Assembly

Marla Graff Decker

November 1, 2013 - Present

Bob McDonnell

Kimberley Slayton White

July 1, 2022 - Present

Virginia General Assembly

Steven C. Frucci

March 16, 2024 - Present

Virginia General Assembly

Mary B. Malveaux

April 16, 2016 - Present

Virginia General Assembly

Richard Y. AtLee Jr.

February 1, 2015 - Present

Virginia General Assembly


Former judges

Judicial selection

See also: Judicial selection in Virginia

The 17 judges of the court of appeals are elected by a majority vote of both chambers of the Virginia General Assembly.[7] Appeals court justices serve for eight years. At the end of their terms, judges must be re-selected by the legislature just as they initially were.[8]

Qualifications

To serve on the appeals court, a judge must be:

  • a state resident; and
  • a state bar member for at least five years.[9]

Chief judge

The chief judge of the court is selected by peer vote. The appeals court chief justice serves in that capacity for four years.[10]

Vacancies

When the General Assembly is in session, midterm vacancies are filled by the same legislative selection process normally used to select judges. When the assembly is not in session, the governor appoints a replacement to serve until 30 days after the start of the next session, by which point a judge must be elected to the seat.[7][11]

Salary

In 2024, the associate judges of the court received a salary of $225,325, according to the National Center for State Courts.[12]

Ethics

The Virginia Canons of Judicial Conduct set forth ethical guidelines and principles for the conduct of judges and judicial candidates in Virginia. There are six canons, excluding the one marking the date the canons went into effect:

  • Canon 1: A judge must be impartial
  • Canon 2: A judge must uphold the public trust
  • Canon 3: A judge must promote efficient and effective delivery of justice

The full text of the Virginia Canons of Judicial Conduct can be found here.

Removal of judges

Judges in Virginia may be removed in one of two ways:

  • By the supreme court after an investigation by the judicial inquiry and review commission; an investigation may be sparked by a complaint or judicial disability. The commission holds a hearing and evaluates a case, after which it may choose to file a formal complaint with the supreme court.
  • By the legislature; the house of delegates may vote to impeach a them, after which a two-thirds vote of the senate may remove them.[13]

State profile

Demographic data for Virginia
 VirginiaU.S.
Total population:8,367,587316,515,021
Land area (sq mi):39,4903,531,905
Race and ethnicity**
White:69%73.6%
Black/African American:19.2%12.6%
Asian:6%5.1%
Native American:0.3%0.8%
Pacific Islander:0.1%0.2%
Two or more:3.2%3%
Hispanic/Latino:8.6%17.1%
Education
High school graduation rate:88.3%86.7%
College graduation rate:36.3%29.8%
Income
Median household income:$65,015$53,889
Persons below poverty level:13%11.3%
Source: U.S. Census Bureau, "American Community Survey" (5-year estimates 2010-2015)
Click here for more information on the 2020 census and here for more on its impact on the redistricting process in Virginia.
**Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here.

Presidential voting pattern

See also: Presidential voting trends in Virginia

Virginia voted for the Democratic candidate in four out of the six presidential elections between 2000 and 2020.

Pivot Counties (2016)

Ballotpedia identified 206 counties that voted for Donald Trump (R) in 2016 after voting for Barack Obama (D) in 2008 and 2012. Collectively, Trump won these Pivot Counties by more than 580,000 votes. Of these 206 counties, five are located in Virginia, accounting for 2.43 percent of the total pivot counties.[14]

Pivot Counties (2020)

In 2020, Ballotpedia re-examined the 206 Pivot Counties to view their voting patterns following that year's presidential election. Ballotpedia defined those won by Trump won as Retained Pivot Counties and those won by Joe Biden (D) as Boomerang Pivot Counties. Nationwide, there were 181 Retained Pivot Counties and 25 Boomerang Pivot Counties. Virginia had five Retained Pivot Counties, 2.76 percent of all Retained Pivot Counties.

More Virginia coverage on Ballotpedia

See also

Virginia Judicial Selection More Courts
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Courts in Virginia
Virginia Court of Appeals
Virginia Supreme Court
Elections: 20242023202220212020201920182017
Gubernatorial appointments
Judicial selection in Virginia
Federal courts
State courts
Local courts

External links

Footnotes