Virginia Code

Va. Code Ann. § 17.1-400 (2026)

Creation and organization; election and terms of judges; oath; vacancies; qualifications; incompatible activities prohibited; chief judge

✓ current as of May 2026

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A. The Court of Appeals of Virginia is hereby established effective January 1, 1985. It shall consist of 17 judges who shall be elected for terms of eight years by the majority of the members elected to each house of the General Assembly. The General Assembly shall consider regional diversity in making its elections. Before entering upon the duties of the office, a judge of the Court of Appeals shall take the oath of office required by law. The oath shall be taken before a justice of the Supreme Court of Virginia or before any officer authorized by law to administer an oath. When any vacancy exists while the General Assembly is not in session, the Governor may appoint a successor to serve until 30 days after the commencement of the next regular session of the General Assembly. Whenever a vacancy occurs or exists in the office of a judge of the Court of Appeals while the General Assembly is in session, or when the term of office of a judge of the Court of Appeals will expire or the office will be vacant or vacated at a date certain between the adjournment of the General Assembly and the commencement of the next session of the General Assembly, a successor may be elected at any time during a session preceding the date of such vacancy by the vote of a majority of the members elected to each house of the General Assembly for a full term and, upon qualification, the successor shall enter at once upon the discharge of the duties of the office; however, such successor shall not qualify prior to the predecessor leaving office. No person shall be elected or reelected to a subsequent term under this section until he has submitted to a criminal history record search and submitted to a search of the central registry maintained pursuant to § 63.2-1515 for any founded complaint of child abuse or neglect and reports of such searches have been received by the Chairmen of the House and Senate Committees for Courts of Justice. If the person has not met the requirement of filing in the preceding calendar year a disclosure form prescribed in § 2.2-3117 or 30-111, he shall also provide a written statement of economic interests on the disclosure form prescribed in § 2.2-3117 to the Chairmen of the House and Senate Committees for Courts of Justice.

All judges of the Court of Appeals shall be residents of the Commonwealth and shall, at least five years prior to the appointment or election, have been licensed to practice law in the Commonwealth. No judge of the Court of Appeals, during his continuance in office, shall engage in the practice of law within or without the Commonwealth or seek or accept any nonjudicial elective office, or hold any other office of public trust, or engage in any other incompatible activity.

B. The chief judge shall be elected by majority vote of the judges of the Court of Appeals to serve a term of four years.

C. If a judge of the Court of Appeals is absent or unable through sickness, disability, or any other reason to perform or discharge any official duty or function authorized or required by law, a (i) retired chief justice or retired justice of the Supreme Court of Virginia, (ii) retired chief judge or retired judge of the Court of Appeals of Virginia, or (iii) retired judge of a circuit court of Virginia, with his or her prior consent, may be appointed by the chief judge of the Court of Appeals, acting upon his own initiative or upon a personal request from the absent or disabled judge, to perform or discharge the official duties or functions of the absent or disabled judge until that judge shall again be able to attend his duties. The chief judge of the Court of Appeals shall be notified forthwith at the time any absent or disabled judge is able to return to his duties.

D. The chief judge of the Court of Appeals may, upon his own initiative, designate a (i) retired chief justice or retired justice of the Supreme Court of Virginia, (ii) retired chief judge or retired judge of the Court of Appeals of Virginia, or (iii) retired or active judge of a circuit court of Virginia, with the prior consent of such justice or judge, to perform or discharge the official duties or functions of a judge of the Court of Appeals if there is a need to do so due to congestion in the work of the court. Nothing in this subsection shall be construed to increase the number of judges of the Court of Appeals provided for in subsection A of this section.

E. Any retired chief justice, retired justice, retired chief judge or active or retired judge sitting on the Court of Appeals pursuant to subsection C or D shall receive from the state treasury actual expenses for the time he or she is actually engaged in holding court.

F. The powers and duties herein conferred or empowered upon the chief judge of the Court of Appeals may be exercised and performed by any judge or any committee of judges of the court designated by the chief judge for such purpose.

1983, c. 413, § 17-116.01; 1984, c. 701; 1987, c. 88; 1991, cc. 31, 442; 1998, c. 872; 2000, c. 8; 2004, c. 452; 2018, c. 578; 2021, Sp. Sess. I, c. 489.

Notes of Decisions

Cited in 184 cases (19 in the last 5 years), 1998–2023 · leading case: Joseph John Melick v. Commonwealth of Virginia, 816 S.E.2d 599 (Va. Ct. App. 2018).

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Joseph John Melick v. Commonwealth of Virginia, 816 S.E.2d 599 (Va. Ct. App. 2018). · cites it 2× “* Judge Bumgardner participated in the hearing and decision of this case in his capacity as a senior judge of this Court prior to July 1, 2018 and thereafter by designation pursuant to Code § 17.1-400(D). Commonwealth, 221 Va.”

Jack Randall Young v. Commonwealth of Virginia, 830 S.E.2d 68 (Va. Ct. App. 2019). · cites it 2× “* Retired Judge Bumgardner took part in the hearing and decision of this case by designation pursuant to Code § 17.1-400(D). 1 The offense encompasses failing to “register or reregister.”

Howard Allen Groffel v. Commonwealth of Virginia, 831 S.E.2d 503 (Va. Ct. App. 2019). · cites it 2× “* Retired Judge Bumgardner took part in the hearing and decision of this case by designation pursuant to Code § 17.1-400(D). I. BACKGROUND1 On April 25, 2017, the appellant was convicted in general district court and sentenced to jail.”

Jeffrey Nigel Carr v. Commonwealth of Virginia, 816 S.E.2d 591 (Va. Ct. App. 2018). “* Judge Bumgardner participated in the hearing and decision of this case in his capacity as a senior judge of this Court prior to July 1, 2018 and thereafter by designation pursuant to Code § 17.1-400(D). 1 The sentencing order contains a clerical error in that it incorrectly…”

Commonwealth v. Bakke, 620 S.E.2d 107 (Va. Ct. App. 2005). · cites it 2× “Rosenblatt took part in the consideration of this case by designation pursuant to Code § 17.1-400. [1] Operative Report of Dr.”

Scialdone v. Commonwealth, 670 S.E.2d 752 (Va. Ct. App. 2009). · cites it 2× “NOTES [*] Judge Clements participated in the hearing and decision of this case prior to the effective date of her retirement on December 31, 2008, and thereafter by designation pursuant to Code § 17.1-400(D). [1] Scialdone and Taylor filed their motions in the trial court on…”

TSG v. Bas, 665 S.E.2d 854 (Va. Ct. App. 2008). · cites it 2× “Swersky took part in the consideration of this case by designation pursuant to Code § 17.1-400(C). [1] Code § 63.2-1203 sets forth the alternative requirements for service of process of a petition for adoption upon "any person or agency whose consent is required [but] is…”

Washington v. Com., 509 S.E.2d 512 (Va. Ct. App. 1999). · cites it 2× “NOTES [*] Judge Baker participated in the hearing and decision of this case prior to the effective date of his retirement on July 31, 1998 and thereafter by his designation as senior judge pursuant to Code § 17.1-400, recodifying Code § 17-116.”

Faith R. Allen v. Dep't of Human Resource Mgmt. (Va. Ct. App. 2016). · cites it 2×

Michael Bellflower v. Hopewell Dep't of Soc. Servs. (Va. Ct. App. 2016). · cites it 2×

Louisiana Chem. Dismantling Co. & Great Divide Ins. Co. v. Charles Russell, III (Va. Ct. App. 2016). · cites it 2×

Kathleen Ann McKenna v. George F. Harple (Va. Ct. App. 2016). · cites it 2×

Show all 184 citing cases →

— Va. Code Ann. § 17.1-400(C) — 7 cases

TSG v. Bas, 665 S.E.2d 854 (Va. Ct. App. 2008). “Swersky took part in the consideration of this case by designation pursuant to Code § 17.1-400(C). [1] Code § 63.2-1203 sets forth the alternative requirements for service of process of a petition for adoption upon "any person or agency whose consent is required [but] is…”

Jeffrey Wayne Rowe v. Commonwealth of Virginia (Va. Ct. App. 2008).

S.E. Smith, Inc. & S. Pilot Ins. Co. v. Bernard Staten, S.E. Smith & (Va. Ct. App. 2008).

Draper Aden Assocs., Inc., at. al. v. Kenneth Aaron Bumgarner (Va. Ct. App. 2008).

The Pepsi Bottling Grp., Inc. & Old Repub. Ins. Co. v. Marvin William Reed (Va. Ct. App. 2007).

— Va. Code Ann. § 17.1-400(D) — 133 cases

Joseph John Melick v. Commonwealth of Virginia, 816 S.E.2d 599 (Va. Ct. App. 2018). “* Judge Bumgardner participated in the hearing and decision of this case in his capacity as a senior judge of this Court prior to July 1, 2018 and thereafter by designation pursuant to Code § 17.1-400(D). Commonwealth, 221 Va.”

Jack Randall Young v. Commonwealth of Virginia, 830 S.E.2d 68 (Va. Ct. App. 2019). “* Retired Judge Bumgardner took part in the hearing and decision of this case by designation pursuant to Code § 17.1-400(D). 1 The offense encompasses failing to “register or reregister.”

Howard Allen Groffel v. Commonwealth of Virginia, 831 S.E.2d 503 (Va. Ct. App. 2019). “* Retired Judge Bumgardner took part in the hearing and decision of this case by designation pursuant to Code § 17.1-400(D). I. BACKGROUND1 On April 25, 2017, the appellant was convicted in general district court and sentenced to jail.”

Scialdone v. Commonwealth, 670 S.E.2d 752 (Va. Ct. App. 2009). “NOTES [*] Judge Clements participated in the hearing and decision of this case prior to the effective date of her retirement on December 31, 2008, and thereafter by designation pursuant to Code § 17.1-400(D). [1] Scialdone and Taylor filed their motions in the trial court on…”

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