Courts of Record

Passed

P HB917

Preservation of papers in court clerk's office. Requires that all papers in the clerk's office be preserved in the office, even if reproduced electronically, and shall be destroyed only in accordance with law. This bill is identical to SB 180.
Patron - Joannou

P HB945

Court of Appeals; en banc hearings. Clarifies that when there is a dissent in a panel opinion and an aggrieved party requests an en banc hearing, at least four judges of the court must vote in favor of the hearing. The bill makes it clear that the voting judges must be active and would not include retired judges sitting by designation. This bill is identical to SB 605.
Patron - Iaquinto

P HB1106

Circuit Court clerks; electronic filing and recording; digital reproduction; recordation of judgments; secure remote access; deed cover sheets; fees collected by clerks. Clarifies a number of issues for circuit court clerks including: use of the last four digits of a social security number on judgments (filer is responsible); that the clerk may provide information from a locality to remote access users; filer is responsible for cover sheet accuracy; allowing the clerk to rely on the cover sheet to index; the difference between e-filing of court records and e-recording of land records. The bill also provides standard definitions of subscriber, secure remote access, public access, and electronic recording of land records. The bill also establishes a $5 per document fee for e-recording of a land record and provides for a $50 per month subscription rate for remote access to land, civil, and criminal records. This bill is identical to SB 622.
Patron - Kilgore

P SB180

P SB248

Additional fees in certain courts; use by Virginia State Bar. Increases the civil action filing fee in circuit and district court to $10. Currently, the fee is $5. The additional $5 would be deposited into the Legal Aid Services Fund.
Patron - Howell

P SB563

Cases held under advisement; time limit. Provides that whenever a judge of a circuit court holds a civil case under advisement for more than 90 days after final submission of the case, the court shall report, in writing, to the parties or their counsel an expected time of a decision. If such a judge (i) holds a civil case under advisement for more than 90 days, (ii) fails to make the required written report, or (iii) fails to render a decision within the expected time stated in the report, any party may notify the Chief Justice of the Supreme Court. Whenever the Chief Justice, or any justice designated by him, has reasonable cause to believe that any judge of a court of record may be holding a civil case under advisement for an unreasonable length of time, he shall inquire into the cause of the delay and shall, if necessary, designate a judge or retired judge of a court of record to assist the regular judge in the performance of his duties. As introduced, this bill was a recommendation of the Boyd-Graves Conference.
Patron - Obenshain

P SB605

P SB622

Circuit Court clerks; electronic filing and recording; digital reproduction; recordation of judgments; secure remote access; deed cover sheets; fees collected by clerks. Clarifies a number of issues for circuit court clerks including: use of the last four digits of a social security number on judgments (filer is responsible); that the clerk may provide information from a locality to remote access users; filer is responsible for cover sheet accuracy; allowing the clerk to rely on the cover sheet to index; the difference between e-filing of court records and e-recording of land records. The bill also provides standard definitions of subscriber, secure remote access, public access, and electronic recording of land records. The bill establishes a $5 per document fee for e-recording of a land record and provides for a subscription rate not to exceed $50 per month for remote access to land records. This bill is identical to HB 1106.
Patron - Stolle

Failed

F HB428

Rules of the Supreme Court of Virginia. Directs the Supreme Court, upon the recommendation of the Virginia Association of Commonwealth's Attorneys, to adopt rules governing procedures for the investigation and prosecution of election law violations.
Patron - Marshall, R.G.

F HB712

Judicial vacancies. Removes the requirement that the Committee on District Courts and the Supreme Court certify vacancies in the judiciary prior to the legislature filling those vacancies.
Patron - Janis

F HB818

Number of circuit court judges. Adds an additional circuit court judge to each of the following circuits: 10th (Appomattox, Buckingham, Charlotte, Cumberland, Halifax, Lunenburg, Mecklenburg, Prince Edward); 14th (Henrico); 15th (Fredericksburg, Caroline, Essex, Hanover, King George, Lancaster, Northumberland, Richmond, Spotsylvania, Stafford, Westmoreland); 26th (Harrisonburg, Winchester, Clarke, Frederick, Page, Rockingham, Shenandoah, Warren); 27th (Galax, Radford, Bland, Carroll, Floyd, Giles, Grayson, Montgomery, Pulaski, Wythe); and 30th (Norton, Lee, Scott, Wise). This bill is a recommendation of Judicial Council.
Patron - Albo

F HB916

Supreme Court; circuit court case management system. Requires that any changes in circuit court clerks' technology plans which modify or supplant the statewide case or financial automated systems be approved by the Executive Secretary. The bill also requires the Compensation Board to consider local funds expended on circuit court technology plans in weighing technology funding requests.
Patron - Joannou

F HB1169

Fixed misdemeanor and fixed felony fees. Increases the felony and misdemeanor fixed fees by $3. The increase will go to the Virginia Crime Victim-Witness Fund, which is a nonreverting fund administered by the Department of Criminal Justice Services to support victim and witness programs.
Patron - Cosgrove

F HB1295

Supreme Court; direct appeals. Provides that the Supreme Court, on its own motion or upon application of Attorney General, may certify a case for determination by the Supreme Court before it has been determined by the circuit court whenever a general district court or an administrative agency renders a decision declaring that a statute or a regulation of the Commonwealth is unconstitutional on its face or as applied.
Patron - Athey

F HB1368

Per diem compensation for substitute and retired judges. Increases the daily per diem rate for substitute and retired judges from $200 to $250.
Patron - Jones, S.C.

F HB1499

Fees collected by the court; legal aid services. Increases the additional filing fees collected to fund legal aid services from $5 to $10.
Patron - Kilgore

F SB181

F SB547

Criminal appeals. Provides that in order to appeal a circuit court conviction of a traffic infraction or a crime the defense counsel or the trial judge must certify that there is a legitimate issue for appeal.
Patron - Hurt

Carried Over

C SB18

Mental health courts; pilot program. Directs the Office of the Executive Secretary of the Supreme Court to establish by January 1, 2009, no less than two and no more than five mental health courts in Virginia for nonviolent offenders with serious mental illnesses.
Patron - Edwards

C SB178

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