Jamborsky v. Baskins, 442 S.E.2d 636 (Va. 1994). · Go Syfert
Jamborsky v. Baskins, 442 S.E.2d 636 (Va. 1994). Cases Citing This Book View Copy Cite
207 citation events (133 in the last 25 years) across 7 distinct courts.
Strongest positive: Harris v. Commonwealth (vactapp, 2008-10-28)
Treatment trajectory · 1994 → 2026 · click a year to view as-of
1994 2010 2026
Top citers, strongest first. 48 distinct citers.
discussed Cited as authority (verbatim quote) Harris v. Commonwealth (2×) also: Cited "see"
Va. Ct. App. · 2008 · signal: see · quote attribution · 1 verbatim quote · confidence high
any determination whether a defendant has suffered prejudice constituting a denial of due process must be made on a case-by-case basis.
examined Cited as authority (quoted) Towler v. Commonwealth (2×)
Va. Ct. App. · 2011 · signal: see · quote attribution · 2 verbatim quotes · confidence high
we are bound by the decision of a prior panel of this court.
examined Cited as authority (quoted) Venezia Transport Service, Inc. and v. Harold A. Liming (2×)
Va. Ct. App. · 2010 · signal: see · quote attribution · 2 verbatim quotes · confidence high
we are bound by the decision of a prior panel of this court.
examined Cited as authority (quoted) Maryann McNeil v. Commonwealth of Virginia (2×)
Va. Ct. App. · 2009 · signal: see · quote attribution · 2 verbatim quotes · confidence high
we are bound by the decision of a prior panel of this court.
examined Cited as authority (quoted) Keith Osborne Collins v. Commonwealth of Virginia (2×)
Va. Ct. App. · 1999 · signal: see · quote attribution · 2 verbatim quotes · confidence high
e are bound by the decision of a prior panel of this court.
examined Cited as authority (quoted) Christian Dante Blaylock v. Commonwealth of VA (2×)
Va. Ct. App. · 1999 · signal: see · quote attribution · 2 verbatim quotes · confidence high
e are bound by the decision of a prior panel of this court.
examined Cited as authority (quoted) Keith Osborne Collins v. Commonwealth of Virginia (2×)
Va. Ct. App. · 1999 · signal: see · quote attribution · 2 verbatim quotes · confidence high
e are bound by the decision of a prior panel of this court.
discussed Cited as authority (rule) Jamal Laquan Malmberg v. Commonwealth of Virginia
Va. Ct. App. · 2025 · confidence medium
When, as here, we are “dealing with a statute whose terms are directory, ‘[a]ny determination whether a [party] has suffered prejudice constituting a denial of due process must be made on a case-by-case basis.’” Id. (alterations in original) (quoting Jamborsky v. Baskins, 247 Va. 506, 511 (1994)). -9- Malmberg has not shown that he suffered any specific prejudice constituting a denial of his right to due process.
discussed Cited as authority (rule) Kristen Inglese v. Albemarle County Department of Social Services
Va. Ct. App. · 2023 · confidence medium
“Under Virginia law, ‘the use of the term “shall” in a statute is generally construed as directory rather than mandatory,’ and, consequently, no specific, exclusive remedy applies unless ‘the statute manifests a contrary intent.’” Rickman v. Commonwealth, 294 Va. 531, 538 (2017) (quoting Hood v. Commonwealth, 280 Va. 526, 541 (2010)). “[A] statute directing the mode of proceeding by public officers is to be deemed directory, and a precise compliance is not to be deemed essential to the validity of the proceedings, unless so declared by statute.” Jamborsky v. Baskins, 247 Va…
discussed Cited as authority (rule) Travis Alexander Bland Henderson, s/k/a Travis Alexander Bland-Henderson v. Commonwealth of Virginia
Va. Ct. App. · 2023 · confidence medium
Although the Court’s opinion in Rickman did not mention “public official” or “public officer,” it relied on the Nelms line of authority to conclude that the circuit court was not required to dismiss the petition.13 260 Va. 194, 199-200 (2000) (attorney for the Commonwealth); Jamborsky v. Baskins, 247 Va. 506, 511 (1994) (circuit court); Commonwealth v. Rafferty, 241 Va. 319, 324-25 (1991) (magistrate); Huffman, 198 Va. at 202 (circuit court); Ladd v. Lamb, 195 Va. 1031, 1034-35 (1954) (clerk of court); Nelms, 84 Va. at 698-700 (notary public); Boatright v. Wise Cnty.
discussed Cited as authority (rule) Emergency Physicians of Tidewater, PLC and Allison L. Raines, D.O. v. Patricia Hanger
Va. Ct. App. · 2023 · confidence medium
Code § 8.01-353(A) states, “[u]pon request, the clerk . . . shall make available to all counsel of record in that case, a copy of the jury panel to be used for the trial of the case at least three full business days before the trial.” It is also settled law “that the use of ‘shall,’ in a statute requiring action by a public official, is directory and not mandatory unless the statute manifests a contrary intent.” Jamborsky v. Baskins, 247 Va. 506, 511 (1994).
discussed Cited as authority (rule) Rickman v. Commonwealth (2×)
Va. · 2017 · confidence medium
Under Virginia law, “the use of the term ‘shall’ in a statute is generally construed as directory rather than mandatory,” and, consequently, no specific, exclusive remedy applies unless “the statute manifests a contrary intent.” Hood v. Commonwealth, 280 Va. 526, 541 , 701 S.E.2d 421, 429-30 (2010) (quoting Jamborsky v. Baskins, 247 Va. 506, 511 , 442 S.E.2d 636, 638 (1994)).
discussed Cited as authority (rule) Rickman v. Commonwealth
Va. · 2017 · confidence medium
An award of nominal damages is appropriate when there is a legal right to be vindicated against an invasion that has produced no actual, present loss of any kind or where, from the nature of the case, some injury has been done but the proof fails to show the amount."). 2 See also Commonwealth v. Wilks , 260 Va. 194 , 200, 530 S.E.2d 665 , 667 (2000) (holding that a statute requiring notice within 21 days for seizure for forfeiture was directory because it "contain[ed] no prohibitory or limiting language" and "[did] not affect the power of the circuit court to adjudicate the forfeiture proceedi…
cited Cited as authority (rule) Keith Boatright v. Wise County Department of Social Services
Va. Ct. App. · 2014 · confidence medium
Dep’t of Family Servs., 59 Va.App. 61, 68 , 717 S.E.2d 146, 149 (2011) (quoting Jamborsky v. Baskins, 247 Va. 506, 511 , 442 S.E.2d 636, 638-39 (1994)).
discussed Cited as authority (rule) Michael Alonzo Robinson, Jr. v. Commonwealth of Virginia
Va. Ct. App. · 2014 · confidence medium
Therefore, the Court held that “a failure to comply with those provisions [was] not a per se basis for reversing a trial court’s judgment in either a civil or a criminal ease.” Id. at 620 , 570 S.E.2d at 816 . *723 Thus, the Court held that adherence to Code § 8.01-353 was required to the extent necessary to insure due process and “ ‘any determination whether a [party] has suffered prejudice constituting a denial of due process must be made on a case-by-case basis.’ ” Id. at 620, 570 S.E.2d at 816 -17 (quoting Jamborsky v. Baskins, 247 Va. 506, 511 , 442 S.E.2d 636, 639 (1994)).
examined Cited as authority (rule) John E. Hamilton v. Commonwealth of Virginia (3×) also: Cited "see"
Va. Ct. App. · 2013 · confidence medium
Assuming arguendo that Code § 9.1-902(H) grants defendant a substantive right to withdraw his guilty plea, we nevertheless hold that Code § 9.1-902(H)’s requirement that the trial court determine that the victim was a minor and advise the defendant of his right to withdraw his guilty plea is procedural in nature. 3 As the Virginia Supreme Court has previously held, “[t]he use of ‘shall,’ in a statute requiring action by a public official, is directory and not mandatory unless the statute manifests a contrary intent.” Jamborsky v. Baskins, 247 Va. *551 506, 511, 442 S.E.2d 636, 638 …
discussed Cited as authority (rule) Hood v. Com.
Va. · 2010 · confidence medium
After directing the court to appoint necessary experts to assist a prisoner if he "requests expert assistance and has not employed an expert at his own expense," in relevant part the statute provides that "if the respondent refused to cooperate pursuant to § 37.2-901 any expert appointed to assist the respondent shall not be permitted to testify at trial nor shall any report of any such expert be admissible. " [5] (Emphasis added.) While the use of the term "shall" in a statute is generally construed as directory *430 rather than mandatory, we may not construe it as such if "the statute manif…
discussed Cited as authority (rule) Rhonda S. Earman v. Virginia Department of Veterans Services
Va. Ct. App. · 2010 · confidence medium
Virginia has long recognized that “the use of the word ‘shall’ in a statute requiring action by a public official, is directory and not mandatory unless the statute manifests a contrary intent.” Jamborsky v. Baskins, 247 Va. 506, 511 , 442 S.E.2d 636, 638 (1994).
discussed Cited as authority (rule) Commonwealth v. David Kurnard Hackett
Va. Ct. App. · 2008 · confidence medium
The Supreme Court “[has] repeatedly held,” in both the civil and criminal context, “‘that the use of “shall,” in a statute requiring action by a public official, is directory and not mandatory unless the statute manifests a contrary intent.’” Butler v. Commonwealth, 264 Va. 614, 619 , 570 S.E.2d 813, 816 (2002) (quoting Jamborsky v. Baskins, 247 Va. 506, 511 , 442 S.E.2d 636, 638 (1994)); see also Nelms v. Vaughan, 84 Va. 696, 699-700 , 5 S.E. 704, 705-06 (1888). “‘[A] statute may be mandatory in some respects, and directory in others.’” Ladd v. Lamb, 195 Va. 1031, 1035…
discussed Cited as authority (rule) Virginia Department of Taxation v. Willis Brailey
Va. Ct. App. · 2008 · confidence medium
Moreover, we have repeatedly stated that “the use of the word ‘shall’ in a statute requiring action by a public official is directory and not mandatory unless the statute manifests a contrary intent.” Jamborsky v. Baskins, 247 Va. 506, 511 , 442 S.E.2d 636, 638 (1994). . . .
discussed Cited as authority (rule) Adhan Maldonado, s/k/a Adan Maldonado v. Commonwealth
Va. Ct. App. · 2006 · confidence medium
Applying this statute in Caccioppo v. Commonwealth, 20 Va. App. 534, 537 , 458 S.E.2d 592, 594 (1995) (quoting Jamborsky v. Baskins, 247 Va. 506, 511 , 442 S.E.2d 636, 638 (1994)), we concluded “that the use of ‘shall’ in Code § 19.2-269 is ‘directory and not mandatory.’” Thus, we held that the Commonwealth’s witnesses can testify even if the prosecutor does not file the -5- witnesses’ names and addresses with the court until the day of trial.
discussed Cited as authority (rule) Williams v. Commonwealth (2×)
Va. Ct. App. · 2004 · confidence medium
As the Commonwealth aptly notes, the Supreme Court “[has] repeatedly held,” in both the civil and criminal context, “ ‘that the use of “shall,” in a statute requiring action by a public official, is directory and not mandatory unless the statute manifests a contrary intent.’ ” Butler v. Commonwealth, 264 Va. 614, 619 , 570 S.E.2d 813, 816 (2002) (quoting Jamborsky v. Baskins, 247 Va. 506, 511 , 442 S.E.2d 636, 638 (1994)); see also Nelms v. Vaughan, 84 Va. 696, 699-700 , 5 S.E. 704, 705-06 (1888). “ ‘[A] statute may be mandatory in some respects, and directory in others.’…
discussed Cited as authority (rule) Oliver v. Commonwealth (2×)
Va. Ct. App. · 2003 · confidence medium
Indeed, in a recent opinion, the Supreme Court of Virginia held that, whether civil or criminal in nature: “the use of ‘shall,’ in a statute requiring action by a public official, is directory and not mandatory unless the statute manifests a contrary intent.” Jamborsky v. Baskins, 247 Va. 506, 511 , 442 S.E.2d 636, 638 (1994); accord Tran v. Board of Zoning Appeals of Fairfax County, 260 Va. 654, 657-58 , 536 S.E.2d 913, 915 (2000); Commonwealth v. Wilks, 260 Va. 194, 199-200 , 530 S.E.2d 665, 667 (2000); Commonwealth v. Rafferty, 241 Va. 319, 324 , 402 S.E.2d 17, 20 (1991).
discussed Cited as authority (rule) Hughes v. Commonwealth
Va. Ct. App. · 2002 · confidence medium
In addition, when determining the juvenile court’s jurisdiction, “[t]he overriding principle governing this inquiry is that the provisions should be construed to protect the unique substantive rights of the juvenile.” Jamborsky v. Baskins, 247 Va. 506, 509 , 442 S.E.2d 636, 637 (1994).
discussed Cited as authority (rule) Butler v. Commonwealth
Va. · 2002 · confidence medium
Although Code § 8.01-353 states that a copy of the jury panel “shall” be made available to counsel upon request, we have repeatedly held “that the use of ‘shall,’ in a statute requiring action by a public official, is directory and not mandatory unless the statute manifests a contrary intent.” Jamborsky v. Baskins, 247 Va. 506, 511 , 442 S.E.2d 636, 638 (1994); accord Tran v. Board of Zoning Appeals of Fairfax County, 260 Va. 654, 657-58 , 536 S.E.2d 913, 915 (2000); Commonwealth v. Wilks, 260 Va. 194, 199-200 , 530 S.E.2d 665, 667 (2000); Commonwealth v. Rafferty, 241 Va. 319, 32…
discussed Cited as authority (rule) Kidder v. Virginia Birth-Related Neurological Injury Compensation Program
Va. Ct. App. · 2002 · confidence medium
Although that code section provides that “[t]he Program shall have thirty days” to file its response, the Supreme Court has held “repeatedly] ... that the use of ‘shall,’ in a statute requiring action by a public official, is directory and not mandatory unless the statute manifests a contrary intent.” Jamborsky v. Baskins, 247 Va. 506, 511 , 442 S.E.2d 636, 638 (1994).
discussed Cited as authority (rule) Ballard v. Page County Board of Supervisors
Page Cir. Ct. · 2001 · confidence medium
Moreover, we have repeatedly stated that “the use of the word ‘shall’ in a statute requiring action by a public official, is directory and not mandatory unless the statute manifests a contrary intent.” Jamborsky v. Baskins, 247 Va. 506, 511 , 442 S.E.2d 636, 638 (1994).
discussed Cited as authority (rule) Tran v. Board of Zoning Appeals
Va. · 2000 · confidence medium
Moreover, we have repeatedly stated that “the use of the word ‘shall’ in a statute requiring action by a public *658 official, is directory and not mandatory unless the statute manifests a contrary intent.” Jamborsky v. Baskins, 247 Va. 506, 511 , 442 S.E.2d 636, 638 (1994).
discussed Cited as authority (rule) Commonwealth v. Hoverstadt
Southampton Cir. Ct. · 2000 · confidence medium
Because § 19.2-56 contains no express suppression remedy, the Court has no legal basis to extrapolate one from an otherwise silent statutory text. 4 Second, as the Virginia Supreme Court has explained, the “use of shall in a statute requiring action by a public official, is directory and not mandatory unless the statute manifests a contrary intent.” Commonwealth v. Wilks, 260 Va. 194, 199 , 530 S.E.2d 665, 667 (2000) (quoting Jamborsky v. Baskins, 247 Va. 506, 511 , 442 S.E.2d 636, 638 (1994)); see also Abraham v. Commonwealth, 32 Va. App. 22, 29-30 , 526 S.E.2d 277, 280-81 (2000); Caccio…
examined Cited as authority (rule) Commonwealth v. Wilks (3×) also: Cited "see"
Va. · 2000 · confidence medium
Jamborsky v. Baskins, 247 Va. 506, 511 , 442 S.E.2d 636, 638 (1994).
discussed Cited as authority (rule) Jackson v. Commonwealth (2×)
Va. · 1998 · confidence medium
Jamborsky v. Baskins, 247 Va. 506, 511 , 442 S.E.2d 636, 638-39 (1994).
cited Cited as authority (rule) Commonwealth v. Whiddon
Fairfax Cir. Ct. · 1997 · confidence medium
Jamborsky v. Baskins, 247 Va. 506, 511 (1994); Caccioppo v. Commonwealth, 20 Va. App. 534 (1995).
discussed Cited as authority (rule) Thomas E. McGlathery v. Sharron A. McGlathery
Va. Ct. App. · 1997 · signal: cf. · confidence medium
Cf. Jamborsky v. Baskins, 247 Va. 506, 511 , 442 S.E.2d 636, 639 (1994) (violations - 3 - of due process arising from delay in entering order are determined on case-by-case basis; no denial of due process absent prejudice).
discussed Cited as authority (rule) J.B. v. Brunty (2×) also: Cited "see"
Va. Ct. App. · 1995 · confidence medium
“The procedural nature of this requirement is underscored by this Court’s repeated holding that the use of ‘shall,’ in a statute requiring action by a public official, is directory and not mandatory unless the statute manifests a contrary intent.” Jamborsky, 247 Va. at 511 , 442 S.E.2d at 638 (emphasis added).
discussed Cited as authority (rule) Cheeks v. Commonwealth (2×) also: Cited "see, e.g."
Va. Ct. App. · 1995 · confidence medium
When asked to decide whether various provisions relating to juvenile transfer proceedings are jurisdictional in nature, the Supreme Court has analyzed the provisions “to determine whether they impart a substantive right to the juvenile or merely impose a procedural requirement.” Jamborsky v. Baskins, 247 Va. 506, 509 , 442 S.E.2d 636, 637 (1994).
discussed Cited as authority (rule) Gregory Eugene Coleman v. Commonwealth
Va. Ct. App. · 1995 · confidence medium
The provision in Code § 19.2-295.1 that a "separate proceeding limited to the ascertainment of punishment shall be heard as soon as practicable before the same jury" is not a jurisdictional requirement. "[T]he use of 'shall' in a statute requiring action by a public official, is directory and not mandatory unless the statute manifests a contrary intent." Jamborsky v. Baskins, 247 Va. 506, 511 , 442 S.E.2d 636, 638 (1994).
cited Cited as authority (rule) Caccioppo v. Commonwealth
Va. Ct. App. · 1995 · confidence medium
We hold that the use of “shall” in Code § 19.2-267 is “directory and not mandatory.” See Jamborsky v. Baskins, 247 Va. 506, 511 , 442 S.E.2d 636, 638 (1994).
examined Cited "see" Virginia Employment Commission v. Brenda R. Cole (4×)
Va. Ct. App. · 2016 · signal: see · confidence high
See Hood v. Commonwealth, 280 Va. 526, 541 , 701 S.E.2d 421, 429-30 (2010), and Jamborsky v. Baskins, 247 Va. 506, 511 , 442 S.E.2d 636, 638 (1994).
examined Cited "see" Jonathan Gabriel Daniels v. Culpeper County Department of Social Services (4×)
Va. Ct. App. · 2013 · signal: see · confidence high
See Jamborsky v. Baskins, 247 Va. 506, 511 , 442 S.E.2d 636, 638-39 (1994); Harris v. Commonwealth, 52 Va. App. 735, 744 , 667 S.E.2d 809, 814 (2008).
examined Cited "see" Marrison v. Fairfax County Department of Family Services (6×)
Va. Ct. App. · 2011 · signal: see · confidence high
See Jamborsky v. Baskins, 247 Va. 506, 511 , 442 S.E.2d 636, 638-39 (1994); Harris v. Commonwealth, 52 Va.App. 735, 744 , 667 S.E.2d 809, 814 (2008).
discussed Cited "see" Wilson v. Commonwealth (2×)
Va. Ct. App. · 2011 · signal: see · confidence high
See Jamborsky v. Baskins, 247 Va. 506, 511 , 442 S.E.2d 636, 638 (1994) (explaining that "the use of ‘shall’ in a statute requiring action by a public official, is directory and not mandatory unless the statute manifests a contrary intent”).
discussed Cited "see" Motley v. Virginia State Bar (2×)
Va. · 2000 · signal: see · confidence high
See Jamborsky v. Baskins, 247 Va. 506, 511 , 442 S.E.2d 636, 638-39 (1994) (delay of circuit court in complying with procedural requirement in juvenile transfer statute does not divest court of jurisdiction if no prejudice results); see also Horne v. Commonwealth, 230 Va. 512, 518-19 , 339 S.E.2d 186, 191 (1986) (delay in taking accused before magistrate not ground for excluding evidence without resulting prejudice); Potter v. Commonwealth, 10 Va. App. 113, 116 , 390 S.E.2d 196, 198 (1990) (delay in filing habitual offender information not ground for dismissal in absence of showing of prejudic…
discussed Cited "see" Paula Cook v. Petersburg Dept of Social Services (2×)
Va. Ct. App. · 2000 · signal: see · confidence high
"The Supreme Court has repeatedly held that 'the use of "shall," in a statute requiring action by a public official, is directory and not mandatory unless the statute manifests a contrary intent.'" Carter v. Ancel, 28 Va. App. 76, 79 , 502 S.E.2d 149, 151 (1998); see Jamborsky v. Baskins, 247 Va. 506, 511 , 442 S.E.2d 636, 638 (1994).
cited Cited "see" Commonwealth v. Frye
Loudoun Cir. Ct. · 1999 · signal: see · confidence high
See Jamborsky v. Baskin, 247 Va. 506 (1994).
discussed Cited "see" Carter v. Ancel (2×)
Va. Ct. App. · 1998 · signal: see · confidence high
See Jamborsky v. Baskins, 247 Va. 506, 511 , 442 S.E.2d 636, 638 (1994).
cited Cited "see" Commonwealth v. Barkley
Fairfax Cir. Ct. · 1995 · signal: see · confidence high
See 247 Va. at 509-10 .
discussed Cited "see, e.g." Carmon v. COM., DEPT. OF SOCIAL SERVICES (2×)
Va. Ct. App. · 1996 · signal: see also · confidence low
“An important consideration in interpreting the meaning of a statute is whether it is mandatory and jurisdictional or directory and procedural.” Cheeks v. Commonwealth, 20 Va.App. 578, 582 , 459 S.E.2d 107, 109 (1995); see also Jamborsky v. Baskins, 247 Va. 506, 511 , 442 S.E.2d 636, 638 (1994).
discussed Cited "see, e.g." Tracy L. Carmon v. Commonwealth, DSS (2×)
Va. Ct. App. · 1996 · signal: see also · confidence low
"An important consideration in interpreting the meaning of a statute is whether it is mandatory and jurisdictional or directory and procedural." Cheeks v. Commonwealth, 20 Va. App. 578, 582 , 459 S.E.2d 107, 109 (1995); see also Jamborsky v. Baskins, 247 Va. 506, 511 , 442 S.E.2d 636, 638 (1994).
Richard J. Jamborsky, Chief Judge of the Circuit Court of Fairfax County
v.
Tiko A. Baskins
Record 930711.
Supreme Court of Virginia.
Apr 15, 1994.
442 S.E.2d 636
H. Elizabeth Shaffer, Assistant Attorney General (Stephen D. Rosenthal, Attorney General, on brief), for appellant., Patrick N. Anderson, for appellee.
Keenan.
Cited by 65 opinions  |  Published
2 passages pin-cited by 6 cases
Pinpoint authority: #37,764 of 633,719
Citer courts: Court of Appeals of Virginia (12)
JUSTICE KEENAN

delivered the opinion of the Court.

The sole issue in this appeal is whether compliance with the 21-day time period specified in Code § 16.1-269(E) is a jurisdictional requirement for the transfer of a juvenile to the circuit court for trial as an adult.

Tiko A. Baskins, a juvenile, was charged with rape, aggravated sexual battery, and abduction of a 12-year-old girl. Felony petitions on these charges were filed, in the Juvenile and Domestic Relations[*508] District Court of Fairfax County (the juvenile court). On July 31, 1992, after hearing evidence on these charges, the juvenile court found, pursuant to Code § 16.1-269(A)(3), that there was probable cause to believe that Baskins had committed an act that would be a felony if committed by an adult. The juvenile court continued the case for a hearing to determine whether it should certify Baskins for trial as an adult in the Circuit Court of Fairfax County (the circuit court).

On August 14, 1992, after conducting a hearing, the juvenile court entered an order certifying Baskins to the circuit court for trial as an adult. Baskins appealed this decision and the juvenile court’s file was delivered to the circuit court for review pursuant to Code § 16.1-269(E). That section provides, in material part, that

the judge of the juvenile court shall forward to the circuit court all papers connected with the case, including the report required by this section, as well as a written order setting forth the reasons for the juvenile court’s opinion. The circuit court shall, within twenty-one days after receipt of the case from the juvenile court, examine all such papers, reports and orders to determine if there has been compliance with this section, but without redetermining whether the juvenile court had sufficient evidence to find probable cause, and enter an order either remanding the case to the juvenile court or advising the attorney for the Commonwealth that he may seek an indictment.

(Emphasis added.)

On September 8, 1992, the circuit court entered an order authorizing the Commonwealth’s Attorney to seek an indictment against Baskins. Baskins was indicted for rape and aggravated sexual battery. Baskins moved to quash the indictment, arguing that the circuit court lacked jurisdiction since it had not entered its order within the 21-day time period specified in Code § 16.1-269(E). The circuit court denied the motion.

Baskins petitioned the Court of Appeals for writs of prohibition and mandamus pursuant to Code § 17-116.04. A panel of the Court of Appeals granted the writ of prohibition and denied the writ of mandamus. In re Baskins, 16 Va. App. 241, 430 S.E.2d 555 (1993). The Court of Appeals relied on Bea v. Commonwealth, 14 Va. App. 977, 980, 420 S.E.2d 255, 257 (1992), in which the 21-day time period of Code § 16.1-269(E) was held to be mandatory and jurisdictional, and issued a writ “prohibiting further proceedings in the circuit court and directing the circuit court to remand this case to the juvenile court for[*509] further proceedings if the Commonwealth be so advised.” Id. at 246, 430 S.E.2d at 558. This Court awarded Richard J. Jamborsky, Chief Judge of the Circuit Court of Fairfax County, an appeal from that decision.

The Attorney General, on behalf of Judge Jamborsky, argues that the Court of Appeals erred in issuing the writ of prohibition, because compliance with the 21-day time period provided in Code § 16.1-269(E) is not a jurisdictional requirement for the transfer of a juvenile to the circuit court for trial as an adult. He asserts that the language of the statute specifying a 21-day period is directory, rather than mandatory. In support of his position, the Attorney General contends that this Court has held provisions of the juvenile transfer statutes to be jurisdictional only when non-compliance with those provisions violates the substantive rights of the juvenile.

In response, Baskins argues that because Code § 16.1-269(E) uses the word “shall,” the statute must be interpreted in mandatory terms. Baskins contends that any other construction would permit the circuit court to delay action indefinitely, in violation of the juvenile’s right to due process. Thus, in accordance with the holding in Bea, Baskins argues that the circuit court never acquired jurisdiction because it did not order the transfer within 21 days after it received his juvenile court records. We disagree with Baskins.

When asked to determine whether various provisions relating to juvenile transfer proceedings are jurisdictional in nature, this Court has analyzed those provisions to determine whether they impart a substantive right to the juvenile or merely impose a procedural requirement. The overriding principle governing this inquiry is that the provisions should be construed to protect the unique substantive rights of the juvenile.

Applying this principle in Peyton v. French, 207 Va. 73, 79-80, 147 S.E.2d 739, 743 (1966), this Court held that the statutory requirement of a transfer hearing in the juvenile court conferred a substantive right. This provision allows the juvenile an opportunity to request that the juvenile court exercise its discretionary authority to retain jurisdiction over the offenses charged.

Since French was not given a transfer hearing in the juvenile court, this Court held that he was denied the opportunity to present evidence and to be heard on the issue whether his case should be certified to the circuit court, and that the juvenile court’s failure to comply with the statute violated French’s constitutional guarantee of due process. In reaching this result, this Court determined that the statutory require[*510] ment at issue was jurisdictional and not procedural. Id. at 80, 147 S.E.2d at 743.

Similarly, in Tilton v. Commonwealth, 196 Va. 774, 85 S.E.2d 368 (1955), this Court held that a substantive right was created by a statutory requirement that, upon indictment of a juvenile on certain offenses, the circuit court “shall require a full and complete investigation of the physical, mental and social condition and personality of the child or minor and the facts and circumstances surrounding the violation of the law which is the cause of his being before the court.” Id. at 782, 85 S.E.2d at 373. This statute afforded the juvenile the substantive right to advise the circuit court of circumstances upon which the court might exercise its discretion to remand the case to juvenile court. The investigation also provided information to assist the circuit court, if it retained jurisdiction of the case, in determining whether to sentence the defendant as a juvenile or as an adult. Id. at 787-88, 85 S.E.2d at 375-76.

In concluding that this statutory provision imparted a substantive right, this Court recognized that the required report had an “additional and broader purpose” than the post-conviction report prepared by the probation officer under another statute. Id. at 788, 85 S.E.2d at 376. Because that substantive right had been denied, this Court reversed the defendant’s conviction and remanded the case for a new trial.

In contrast to the substantive rights at issue in French and Tilton, this Court reviewed a procedural requirement in Turner v. Commonwealth, 216 Va. 666, 222 S.E.2d 517 (1976). Turner contended that the circuit court lacked jurisdiction to try him because the juvenile court had failed to give him written notice of the transfer hearing, as required by statute.

The record showed that Turner and his father were given oral notice of the transfer hearing date at Turner’s detention hearing. The record also showed that counsel was appointed for Turner 16 days prior to the transfer hearing, and that defense counsel was “notified of hearing date.” Turner, his attorney, and his parents were all present at the transfer hearing. Further, Turner did not assert that he was prejudiced by the lack of written notice.

This Court rejected Turner’s claim that the circuit court did not acquire jurisdiction over his case, holding that the requirement of written notice was procedural and not jurisdictional. In emphasizing that all necessary parties were present at the transfer hearing, this Court implicitly recognized that the procedural violation at issue did not result in the denial of any substantive right.

[*511] We hold that the present case is analogous to Turner. None of Baskins’s substantive rights was infringed as a result of the three-day delay in the circuit court’s assumption of jurisdiction over his felony charges. In fact, at oral argument in this appeal, Baskins’s counsel acknowledged that the 21-day requirement in Code § 16.1-269(E) “is procedural in that it does not convey a substantive right,” and that Baskins did not suffer “even minor prejudice” because of the delay.

The procedural nature of this requirement is underscored by this Court’s repeated holding that the use of “shall,” in a statute requiring action by a public official, is directory and not mandatory unless the statute manifests a contrary intent. As this Court explained in Commonwealth v. Rafferty, 241 Va. 319, 402 S.E.2d 17 (1991), “[a] statute directing the mode of proceeding by public officers is to be deemed directory, and a precise compliance is not to be deemed essential to the validity of the proceedings, unless so declared by statute.” Id. at 324, 402 S.E.2d at 20 (quoting Nelms v. Vaughan, 84 Va. 696, 699, 5 S.E. 704, 706 (1888) (citation omitted)). Thus, in construing former Code § 18.2-268(Q), which provided that an executed certificate of refusal to take a blood or breath test “shall be attached to the warrant,” this Court held in Rafferty that the magistrate’s failure to attach the certificate as required was not essential to the validity of the proceeding on that charge. Id. at 324-25, 402 S.E.2d at 20.

In the present case, Code § 16.1-269(E) contains no prohibitory or limiting language that prevents the circuit court from entering its order beyond the expiration date of the 21-day period. * Absent such limiting language, the provision at issue is directory and procedural, rather than mandatory and jurisdictional. See Rafferty, 241 Va. at 324-25, 402 S.E.2d at 20.

We reject Baskins’s contention that our holding today will permit a circuit court to delay action indefinitely, in violation of a juvenile’s due process rights. Our decision is based on the uncontroverted fact that Baskins did not suffer any prejudice as a result of the delay in the entry of the circuit court order. Any determination whether a defendant has suffered prejudice constituting a denial of due process must be made on a case-by-case basis.

[*512] We also observe that our holding here is directly contrary to the conclusion reached by a panel of the Court of Appeals in Bea v. Commonwealth, 14 Va. App. 977, 420 S.E.2d 255 (1992). Since Bea held that compliance with the 21-day time period in Code § 16.1-269(E) is mandatory and jurisdictional, our decision today overrules the contrary holding of Bea.

For these reasons, we will reverse the judgment of the Court of Appeals and vacate the writ of prohibition.

Reversed andfinal judgment.

*

In contrast, an example of language specifically limiting the authority of a circuit court to act within a stated time period is found in Rule 1:1, which states, in part, that “[a]ll final judgments, orders, and decrees ... shall remain under the control of the trial court and subject to be modified, vacated, or suspended for twenty-one days after the entry, and no longer.” (Emphasis added.)