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VIRGINIA
COURT OF APPEALS
The Court of Appeals in
Virginia was created on January 1, 1985. It functions as an
intermediary court in order to increase the appellate capacity of
Virginia's court system and expedite the appeal process. The Court
of Appeals consists of 11 judges. Each is elected by a majority of members
of each house of Virginia's General Assembly and serves an eight year
term. The Court of Appeals has its administrative headquarters in
Richmond, but the Court itself may sit in one of four locations:
Alexandria, Chesapeake, Richmond, and Salem.
The
Court of Appeals sits in panels of at least three judges. It is the
responsibility of the chief judge to assign judges to panels. Each
judicial panel conducts its duties independently, including making
decisions regarding what petitions to hear and which appeals to
grant. Although this is the usual operating method, the full court
may be called, or elect, to sit together. When all judges of the
Court of Appeals consider a petition together it is called 'en banc'. No
fewer than 8 judges may be present when the Court sits en banc. The court
en banc has the authority to override any previous decision of a panel or
full court.
The Court of
Appeals has authority to hear appeals/consider petitions on the following
cases:
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traffic infractions
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criminal cases (except
death penalty)
-
domestic relations cases
-
any final order or decree of a
Circuit Court, including
-
appeals from any final decision of
the Virginia Workers' Compensation Commission
-
appeals of an administrative agency
-
interlocutory orders granting,
dissolving, or denying an injunction
Criminal and traffic
infraction appeals are by petition for appeal, while domestic relations
cases are as a matter of right. A petition is a formal written
application to a court requesting judicial action on the presented matter.
The Court of Appeals also has original jurisdiction to issue writs of
mandamus, prohibition, and habeas corpus in any case in which the court
has jurisdiction.
When a petition
for appeal in a criminal case is received by the Court of Appeals, it is
referred to a judge for review. If it is determined that the appeal
should be awarded, the judge may grant the petition in full or in part or
deny the petition in full or in part. If the petition is denied in part or in full, the petitioner
may request that a panel of three judges to review the ruling. Any
of the three reviewing judges could grant the petition on the basis of the record
without an oral argument.
If the petition is granted, written briefs
are filed by the two parties to the petition. (In a criminal case, the
two parties are the Commonwealth and the defendant or the defendant's
attorney.) Each granted appeal is referred to a panel of
judges. Oral argument is then permitted to both interested parties,
but may be waived. Unlike criminal cases heard in the district courts and
Circuit Court, in which the Commonwealth is represented by a
Commonwealth's Attorney from the jurisdiction where the crime occurred, an
attorney from the Attorney General's Office orally presents the Commonwealth's
case before the Court of Appeals.
Since domestic
relations matters and appeals from the Workers' Compensation Commission
and other administrative agencies are heard as a matter of right, these
cases do not need to go through the petitions process. The Court of
Appeals is required to hear these matters when an appeal is requested.
Briefs are filed by both interested parties and the case is referred to a
panel of three judges. Oral argument is permitted, but may be
waived.
In all case,
the Court of Appeals has the authority to summarily affirm
the decision of the lower court or agency without oral argument if the
reviewing panel of three judges feels that the appeal has no merit. When the Court makes its decision concerning the appeal, it issues a
written opinion or order.
The
decisions of the Court of Appeals are final in the following cases:
Except in any of these cases
where the Court of Appeals has the final decision, parties have the right
to appeal a decision by filing a petition to the Supreme Court of
Virginia. It is also possible for the Court of Appeals to certify the case
for review by the Virginia Supreme Court. When a case is certified,
the jurisdiction of the case is then transferred to the Supreme Court, who
then has the responsibility to review the appeal and make a
decision. Certification such as this may occur when the case is of
significant public importance, the issue requires prompt decision, or if
the Court of Appeals Docket is congested.
For more information about the
Court of Appeals, follow this link:
Courts
in Brief: Court of Appeals.
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