Court of Appeals of Virginia

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Court of Appeals of Virginia
Established1985
LocationVirginia
Composition methodLegislative election
Authorized 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-

The Court of Appeals of Virginia, established January 1, 1985, is an intermediate appellate court of 17 judges that hears appeals from decisions of Virginia's circuit courts and the Virginia Workers' Compensation Commission. The Court sits in panels of at least three judges, and sometimes hears cases en banc. Appeals from the Court of Appeals go to the Supreme Court of Virginia.

History[edit]

The Court of Appeals of Virginia is a relatively young court, established in 1985. However, the need for an intermediate appellate court in Virginia was recognized much earlier.

Early Attempts (1848-1971)

The Supreme Court of Appeals (now the Supreme Court of Virginia) faced a growing backlog of cases in the mid-1800s. To address this, the legislature created temporary courts of appeals on four occasions between 1848 and 1928. However, these courts were disbanded due to constitutional limitations.[1]

Establishment and Initial Growth (1985-2000)

In 1971, a study commission recommended the creation of a permanent intermediate appellate court.[2] After much debate, the General Assembly finally established the Court of Appeals effective in 1985, with ten judges initially appointed. The court's jurisdiction was also limited at this time. In 2000, the number of judges was increased to eleven.[3]

Recent Expansion (2021)

To accommodate a rising caseload and the appeal of right in most cases, the General Assembly authorized an expansion of the Court of Appeals in 2021. In March 2021, legislation passed to expand the Court from 11 judges to 17 judges, coming into effect July 1, 2021.[3][4] Before these changes, Virginia was the only state that did not guarantee an appeal as a matter of right in all cases. The reforms expanded the court's jurisdiction to include all criminal, civil, and administrative appeals, ensuring that oral arguments and written opinions are provided in more cases. [5][6] These changes were driven by a need to enhance the fairness and accessibility of the appellate process, reflecting broader criminal justice reforms within the state.[5]

The Court of Appeals of Virginia plays a vital role in reducing the workload of the Supreme Court of Virginia and expediting appellate review in the state.

Jurisdiction[edit]

Reforms Effective January 2022

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 now appeal 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.[7]

An appeal filed with the Supreme Court of Virginia before January 1, 2022, remains under its jurisdiction.[7]

Summary of Jurisdiction

The Court of Appeals of Virginia has jurisdiction to review a variety of cases, primarily providing appellate review of final decisions made by circuit courts in civil, criminal, and administrative agency matters. It also reviews final decisions of the Virginia Workers’ Compensation Commission. Most appeals to the Court of Appeals are a matter of right, meaning that the court must hear them, although some require a petition process. [1][8]

The court handles appeals in domestic relations matters, criminal cases, traffic infractions, and decisions from administrative agencies. Additionally, it has original jurisdiction to issue writs of mandamus, prohibition, and habeas corpus. In some cases, like pre-trial Commonwealth’s appeals and involuntary treatment of prisoners, the decisions of the Court of Appeals are final and cannot be further appealed to the Supreme Court of Virginia.[8][9]

Procedure[edit]

The current appellate procedures in Virginia, as enacted by Senate Bill 1261,[10] significantly expand the jurisdiction of the Court of Appeals of Virginia, effective January 1, 2022. Here is a summary of the key procedural points:

1. Right to Appeal: Civil litigants now have the right to appeal final judgments directly to the Court of Appeals of Virginia, rather than having to petition the Supreme Court of Virginia. This makes Virginia the last state to allow an appeal as of right in civil cases.

2. Notice of Appeal: Litigants must file a notice of appeal within thirty days from the date of the final judgment or order of the circuit court. This notice must be filed with the clerk of the trial court.

3. Preparation of the Record: Within sixty days after filing the notice of appeal, the appellant must ensure that the record, including transcripts and exhibits, is prepared and transmitted to the Court of Appeals.

4. Oral Arguments: The Court of Appeals may dispense with oral arguments if the panel unanimously agrees that the appeal is without merit or the issues have been authoritatively decided and do not require further argument.

5. Petitions and Briefs: In certain cases, such as interlocutory appeals and petitions for review of injunctions, appeals are initiated by petition rather than by right. For appeals as of right, the appellant must file an opening brief, to which the appellee can respond, followed by a reply brief from the appellant.

6. Panel Decisions and En Banc Hearings: Most cases are decided by three-judge panels, whose decisions are binding unless overruled by the Court of Appeals sitting en banc or the Supreme Court of Virginia. En banc hearings require the vote of six judges and can be requested even without a panel dissent.

7. Impact on Precedent: The expansion of the Court of Appeals' jurisdiction is expected to significantly increase the volume of binding precedent in Virginia law, as decisions by three-judge panels will become binding precedent if designated as "published" unless overruled by the Supreme Court of Virginia upon further appellate review.

These changes streamline the appellate process and ensure that civil litigants have more consistent access to appellate review, enhancing the fairness and efficiency of the legal system in Virginia.

Current composition[edit]

The Court of Appeals of Virginia consists of 17 judges who are elected for eight-year terms by a majority of the members of each house of the General Assembly. The court may designate seven of its retired judges to serve as senior judges.[3]

Judges as of April 1, 2024:

Active[edit]

Judge First elected Expiration[11] Chief Note
Randolph A. Beales 2006 April 16, 2030 —
Glen A. Huff 2011[12] July 31, 2027 2015–2018 His term will end on his retirement effective December 31, 2024
Marla Graff Decker 2013 January 31, 2030 2019–present
Richard Y. AtLee Jr. 2015[13] January 31, 2031 —
Mary Grace O'Brien 2015[14] January 31, 2031 —
Mary B. Malveaux 2016 April 15, 2032 —
Clay Athey 2019 August 31, 2027 —
Junius P. Fulton, III 2021[15] August 31, 2029 —
Daniel E. Ortiz 2021[15] August 31, 2029 —
Doris Henderson Causey 2021[15] August 31, 2029 —
Frank K. Friedman 2021[15] August 31, 2029 —
Vernida R. Chaney 2021[15] August 31, 2029 —
Lisa M. Lorish 2021[15] August 31, 2029 —
Stuart A. Raphael 2021[15] August 31, 2029 —
Dominique A. Callins 2021[15] October 31, 2029 —
Kimberley S. White 2022[16] June 30, 2030 —
Steven C. Frucci 2024[17] March 15, 2032 —
David Bernhard 2024, effective 2025[17] January 1, 2033 — His term will begin on January 1, 2025

Senior[edit]

Judge Active service Chief Senior
since
Rosemarie Annunziata 1995–2004[18] —— 2005[18]
Jean Harrison Clements 2000–2008[19] —— 2009[19]
Robert P. Frank 1999–2014[20] —— 2015[20]
James W. Haley, Jr. 2005–2012[21] —— 2012[21]

Chief judges[edit]

Judge Chief
E. Ballard Baker 1985
Lawrence L. Koontz, Jr. 1985–1993
Norman K. Moon 1993–1997
Johanna L. Fitzpatrick 1997–2006[22]
Walter S. Felton, Jr. 2006–2014
Glen A. Huff 2015–2019[23]
Marla Graff Decker 2019–[24]

References[edit]

  1. ^ a b "A Short History of the Supreme Court of Virginia". Virginia Appellate Court History. 2014-05-06. Retrieved 2024-05-20.
  2. ^ 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)
  3. ^ a b c "The Court of Appeals of Virginia" (PDF). Virginia's Judicial System / About. Retrieved 9 April 2024.
  4. ^ "SB 1261 Court of Appeals; expands jurisdiction, increases from 11 to 17 number of judges on Court". lis.virginia.gov. Retrieved 2021-06-04.
  5. ^ a b "Justice prolonged: two years after the expansion of the Court of Appeals of Virginia". WVTF. 2023-09-29. Retrieved 2024-05-20.
  6. ^ "New Changes to the Virginia Court of Appeals - Radford University". www.radford.edu. Retrieved 2024-05-20.
  7. ^ a b "LIS > Bill Tracking > SB1261 > 2021 session". lis.virginia.gov. Retrieved 2021-06-14.
  8. ^ a b "Court of Appeals". Virginia.gov. Retrieved 2024-05-25.
  9. ^ "Court of Appeals". www.vacourts.gov. Retrieved 2024-05-25.
  10. ^ "Bill Tracking - 2021 session > Legislation". lis.virginia.gov. Retrieved 2024-05-25.
  11. ^ "Virginia Justices and Judges Terms of Office" (PDF). Retrieved 2024-04-01.
  12. ^ "Glen Huff". Judgepedia. Archived from the original on 19 October 2012. Retrieved 27 March 2013.
  13. ^ Albiges, Marie (22 January 2015). "General Assembly Moves York Judge to Appeals Court, Reappoints WJCC District Judge". WYDaily.com. Retrieved 23 March 2015.[permanent dead link]
  14. ^ "Judge Kelsey Appointed to Supreme Court of Virginia". Virginia State Bar. 21 January 2015. Retrieved 23 March 2015.
  15. ^ a b c d e f g h "Virginia lawmakers elect 8 new judges to appeals court". AP NEWS. 2021-08-10. Retrieved 2021-08-14.
  16. ^ "After impasse, legislators elect 2 Supreme Court justices". AP NEWS. 2022-06-18. Retrieved 2022-07-11.
  17. ^ a b "Frucci, Bernhard tapped for appeals court". The Virginia Bar Association. 2024-03-12. Archived from the original on 2024-03-14. Retrieved 2024-04-02.
  18. ^ a b "Lawyers in the News". Virginia Lawyers Weekly. September 26, 2005.
  19. ^ a b Cooper, Alan (November 24, 2008). "Judge Clements to retire from appeals court". Virginia Lawyers Weekly. Retrieved 27 March 2013.
  20. ^ a b Vieth, Peter (22 September 2014). "Assembly requests recommendations for appellate judgeships". Virginia Lawyers Weekly. Virginia Lawyers Media. Retrieved 23 March 2015.
  21. ^ a b "James Haley". Judgepedia. Archived from the original on 19 October 2012. Retrieved 27 March 2013.
  22. ^ "The McCammon Group, Hon. Johanna L. Fitzpatrick (Ret.)". Archived from the original on 2016-03-10. Retrieved March 10, 2016.
  23. ^ "Glen A. Huff Named Chief Judge-elect of Court of Appeals of Virginia". Virginia State Bar. Retrieved 23 March 2015.
  24. ^ "Judge Marla Graff Decker is elected chief judge-elect of the Virginia Court of Appeals". 3 December 2018.

External links[edit]

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