General Assembly>Division of Legislative Services>Publications>Session Summaries>2004>Courts of Record

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Courts of Record

Passed

P HB70

Senior justices and judges. Clarifies that a justice of the Supreme Court or judge of the Court of Appeals may retire and later be designated a senior justice or judge. The current language could be read that such designation would have to be achieved prior to retirement.
Patron - Melvin

P HB321

Civil immunity for investigation of commissioners of accounts. Provides that members of the Judicial Council's Standing Committee on Commissioners of Accounts who participate in the investigation of a complaint against a commissioner of accounts or a deputy or assistant have civil immunity for acts related to such participation if done in good faith and without malicious intent.
Patron - Kilgore

P HB332

Recordation of instruments; social security numbers. Provides that where the circuit court clerks have the power to decline to accept any instrument submitted for recordation that includes a grantor's, grantee's or trustee's social security number, the attorney or party who submits the instrument has responsibility for ensuring that the number is removed from the instrument before it is submitted for recordation.
Patron - Pollard

P HB509

Courts of record; disposition of papers. Allows the clerk of the circuit court to use an electronic format for the archival of records, papers, and documents of cases, as long as the clerk converts them in accordance with state electronic records guidelines.
Patron - Marrs

P HB605

York County Circuit Court. Changes the name of the York County Circuit Court to the York County-Poquoson Circuit Court.
Patron - Gear

P HB771

Judicial Inquiry and Review Commission; jurisdiction. Clarifies the jurisdiction of the Commission to include judge designates, retired judges, judges pro tempore, and justices appointed pursuant to § 37.1-88 (special justices who adjudicate mental health commitments).
Patron - Hurt

P HB977

Remote access fee. Allows clerks the additional option to assess the remote access fee by flat rate. Current law allows either for fees on each inquiry or fees for actual connect time.
Patron - Reese

P HB1148

Sentencing guidelines. Adds to the definition of violent felony offenses the following violations: solicitation to commit murder (§ 18.2-29), conspiracy to commit acts of terrorism (§ 18.2-46.5), possession, etc., of terrorism or hoax device (§ 18.2-46.6), and bioterrorism (§ 18.2-46.7).
Patron - McDonnell

P HB1172

Additional fees in certain courts; use by the Virginia State Bar. Increases by $1 court fees in law and chancery cases in circuit court and in each civil action in general district court. The additional dollar is paid into a special fund (Legal Aid Services Fund) within the Virginia State Bar. The increase will expire on July 1, 2006. The bill becomes effective only if the 2004 Appropriation Act includes an appropriation of general funds for a total of 49 additional positions (to those existing on June 30, 2004) allocated amongst the general district courts, juvenile and domestic relations district courts, and combined district courts.
Patron - Kilgore

P HB1265

Sheriff's fees. Increases the sheriff's fee for services related to repossessions, sheriff's sales, levies, evictions, and levying an execution from $12 to $25. Increases the process and service fee for out-of-state service of process from $50 to $75. Increases the sheriff's commission to 10 percent from five percent. This bill is identical to SB 620.
Patron - Cosgrove

P HB1430

Drug treatment courts. Establishes the Drug Treatment Court Act. Allows the establishment of drug treatment courts as specialized court dockets within the existing structure of Virginia's court system, offering judicial monitoring of intensive treatment and supervision of addicts in drug and drug-related cases. A state drug treatment court advisory committee is established and localities with drug treatment courts are required to establish advisory committees. The Supreme Court of Virginia is given administrative oversight for the implementation of the Act. The bill provides that no drug treatment court may be established subsequent to March 1, 2004, unless there is specific statutory authorization. The bill does not become effective unless its provisions are funded by general funds appropriated in the 2004 Appropriation Act.
Patron - Kilgore

P SB241

Technology Trust Fund Fee. Increases the fee from $3 to $5 and allows the use of the Trust Fund for developing and updating land records automation plans for individual clerks' offices; modernizing land records in individual clerks' offices and providing secure remote access to land records statewide; obtaining and updating office automation and information technology equipment; preserving, maintaining and enhancing court records, including, but not limited to, the costs of repairs, maintenance, service contracts and system upgrades; and improving public access to court records. The bill allows the clerk to use the Trust Fund for technology improvements in the law and chancery and criminal divisions after implementation of automation of land records with statewide secure remote access. The bill repeals the sunset provision of July 1, 2008, and declares that the intent of the General Assembly is that secure remote access be provided by all clerks by July 1, 2006.
Patron - Norment

P SB328

Judges; notice of retirement. Provides that notice of retirement is irrevocable once the vacancy has been certified by the Committee on District Courts in cases of judges of courts not of record or by the Supreme Court in cases of judges of courts of record.
Patron - Stolle

P SB336

Judicial Inquiry and Review Commission; confidentiality. Eliminates confidentiality with respect to any evidence of alleged misconduct concerning a judge who is up for election or reelection when such evidence is transmitted to the House and Senate Committees for Courts of Justice or to any member of the General Assembly.
Patron - Stolle

P SB587

Circuit court clerks; filing of documents. Allows an instrument conveying not more than four residential dwelling units to contain the name of the title insurance underwriter and the policy number or a statement that there is no title insurance or that the policy number is not available or is unknown. The bill also requires the appropriate agency (Virginia State Bar; the Real Estate Board, etc.) to notify registrants of this new provision.
Patron - Deeds

P SB619

Sheriffs' fees. Requires that only sheriffs or deputies serve show cause orders, and increases the fee (from 60 cents to $1) for taking a bond.
Patron - Blevins

P SB620

Failed

F HB229

Recordation of power of attorney; social security numbers. Provides that the circuit court clerks must accept powers of attorney containing social security numbers for recordation if the person offering the power of attorney authorizes the clerk to cover or conceal temporarily the social security number while the power of attorney is being recorded. This approach accommodates both concerns regarding identity theft and situations where a principal cannot execute a new power of attorney, and an existing power of attorney, containing a social security number, must be recorded. This bill is incorporated into HB 332.
Patron - Kilgore

F HB343

Legal aid societies. Provides that the interest earned on attorneys' or law firms' interest-bearing accounts established and maintained under circumstances that do not conflict with § 54.1-3915.1 and paid by financial institutions periodically to the Legal Services Corporation of Virginia shall be distributed annually to legal aid societies licensed by the Virginia State Bar to carry out the objective of providing legal assistance to persons requiring such assistance but unable to pay for it. The bill also provides that no licensed legal aid society in good standing with the Virginia State Bar shall be denied funding from the Legal Aid Services Fund.
Patron - Kilgore

F HB613

Fees collected by circuit court clerks. Allows the circuit court clerk to keep in a special account to be used for necessary office expenses the fees (50 cents for each page) collected for making a copy of any paper or record to go out of the office, which is not otherwise specifically provided for under the fee schedule.
Patron - Carrico

F HB651

Retired judges and judges sitting by designation. Requires the General Assembly to approve for a term of six years, by the majority vote of each house, each justice and judge eligible to sit during retirement as a substitute or as a judge designate. This bill incorporates HB 770.
Patron - Bell

F HB770

Retired judges and judges sitting by designation. Requires the Chief Justice to report to the General Assembly, no later than February 1 of each year, a list of all judges eligible to sit in designation and a list of all judges eligible for recall as substitutes. The General Assembly then must approve, by the majority vote of each house, such list or part thereof. This bill is incorporated into HB 651.
Patron - Hurt

F HB1277

Number of circuit court judges. Adds one circuit court judge to each of the following circuits: First (Chesapeake); Fourteenth (Henrico); Fifteenth (Fredericksburg, Caroline, Essex, Hanover, King George, Lancaster, Northumberland, Richmond, Spotsylvania, Stafford, Westmoreland); Twenty-second (Danville, Franklin, Pittsylvania); and Twenty-ninth (Buchanan, Dickenson, Russell, Tazewell). This is a recommendation of the Judicial Council.
Patron - McDonnell

F HB1377

Roanoke Law Library; additional fees. Authorizes imposition of an assessment of $6, rather than $4, by the City of Roanoke, as part of the costs incident to each civil action filed in the courts located within its boundaries. The increased revenues shall be used to support operation of the Roanoke Law Library for additional days of the week.
Patron - Fralin

F SB168

Carried Over

C HB510

Deputy court clerks. Requires the Compensation Board, for each new circuit court judgeship approved, to fund additional deputy court clerk positions in accordance with Compensation Board staffing standards. The bill has a delayed effective date of July 1, 2006.
Patron - Marrs

C HB1389

Technology Trust Fund Fee. Authorizes the Virginia Information Technologies Agency to impose a civil penalty of up to $1,000 upon any circuit court clerk who provides remote access to land records through any means without a written certification of compatibility. The clerk shall be personally liable for any civil penalty imposed. The bill also prohibits any funds from being released from the Technology Trust Fund by the Compensation Board to any circuit court clerk or credited to any locality until the Board receives the written certification of compatibility. Any person whose property or person is injured by the release of any personal identifying information by any circuit court clerk who fails to receive the written certification of compatibility and who releases through a website established under the auspices of the clerk's office, a locality or a private provider may sue and recover for any damages sustained and the costs of suit. A claim of governmental immunity shall not be a defense to a suit under this section.
Patron - Nixon

C SB610

Supreme Court. Allows the Chief Justice to designate senior, retired, or active judges of the Court of Appeals to serve on panels of the Supreme Court that consider petitions for appeal.
Patron - Stolle

C SB636

Drug treatment courts. Establishes drug treatment courts as specialized court dockets within the existing structure of Virginia's court system, offering judicial monitoring of intensive treatment and strict supervision of addicts in drug and drug-related cases.
Patron - Lucas

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General Assembly>Division of Legislative Services>Publications>Session Summaries>2004>Courts of Record

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