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VIRGINIA
SUPREME COURT
The Supreme Court of Virginia
is one of the oldest judicial bodies in the U. S, created in the Charter
of 1606, which established Jamestown as the first permanent English
settlement in North America. It has undergone several changes over
the centuries, but has continued to perform its judicial function.
Currently, the Supreme Court of Virginia consists of seven justices.
They are serve a term of twelve years and are elected by a majority vote
of both houses of Virginia's General Assembly. To be eligible for
consideration, candidates must residents of
Virginia and members of the Virginia State Bar for at least five years.
The Chief Justice, the head judge of the Supreme Court, is determined by
seniority on the Supreme Court.
The
Supreme Court has both original and appellate jurisdiction. However, its
primary function is to review decisions appealed from lower courts.
Most cases considered by the Virginia Supreme Court are petitions from the
Court of Appeals. The only cases that have the right to be sent to
the Supreme Court without need for a petition are
-
cases involving the State
Corporation Commission
-
cases involving disbarment of an
attorney
-
reviews of cases involving the
death penalty
The Court's original jurisdiction,
meaning that these cases are handled directly by the Supreme Court,
include:
-
cases of habeas corpus (ordering
one holding a person to present the person to the court to determine
if the custody is proper)
-
cases of mandamus (ordering someone
in an office to do his or her duty)
-
cases involving prohibition
(ordering a lower court's action halted)
-
matters filed by the Judicial
Inquiry and Review Commission (related to censure, removal, and
retirement of judges)
The
Court meets in Richmond for five-day sessions. Sessions begin in
September and continue every seventh week after until the June docket is
completed. When court is in session, justices typically hear oral
arguments on cases each morning, then convene privately in the afternoon to
discuss cases reviewed that morning. It is during sessions that
opinions are discussed and written. During the recesses, the justices engage in legal
research upon the cases awaiting decision, write and review opinions,
consider petitions submitted requesting appellate review, conduct
hearings on petitions, and perform other administrative duties.
Usually,
appellate review before the Virginia Supreme Court is a two-stage
process. First, the Clerk of the Supreme Court receives a
petition. Petitions are assigned to law clerks for research and
additional preparation. When this is completed, a three justice
panel will hear oral arguments in most cases. The justices then
review the merits of each case. One justice may grant the appeal,
but three justice must concur before an appeal can be denied. If the
appeal is denied, the decision of the lower court stands. If the
appeal is granted, the case then advances to the second step of the
appellate process.
Once a
petition is granted for appellate review, it is placed on the docket to be
heard. Before each session of court, cases are
assigned randomly. Each justice also receives a copy of the docket,
a copy of briefs filed in each case, and copies of the record of the
case. Once a case is called, attorneys for both sides are allowed
fifteen minutes each to present arguments. As in cases heard before
the Court of Appeals, the Commonwealth's position is presented by an
attorney from the Attorney General's Office, who represents the Commonwealth's
case before the Court of Appeals. During oral arguments, the justices often
ask the attorneys questions and seek clarification
regarding issues in the case at hand. Discussions about the case are
then held privately by the justices. The justice responsible for writing the brief
directs the discussion. Once an opinion is written, copies are given
to other members of the Court and opinion conferences are held to discuss
the written opinion before it receives final approval and is
published. Opinions are publicly published in Virginia Reports on
the last day of the Court session. For more information of recent
Supreme Court opinions, follow this link:
Opinions.
This
opinion determines what occurs next in a case. In criminal cases, it
is possible for the Supreme Court can remand the case back to a lower
court for a new trial or sentencing hearing. If this occurs, the case will be
returned to the Circuit Court to be reheard, as if any previous hearings
never occurred. If convicted, the again in lower court, the defendant
still retains the right to appeal the decision, and the process begins
again.
For more information about
the Supreme Court of Virginia, follow this link:
Courts in Brief: Supreme Court.
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