A. Any chief judge or judge of the Court of Appeals who is eligible for retirement, other than for disability, with the consent of a majority of the members of the court first obtained, may elect to retire under the Judicial Retirement System (§ 51.1-300 et seq.) and be known and designated as a senior judge. In addition, any chief judge or judge of the Court of Appeals who is retired under the Judicial Retirement System (§ 51.1-300 et seq.) shall be subject to recall, with the consent of a majority of the members of the court, and may be known and designated as a senior judge.
B. Any chief judge or judge who has retired from active service, as provided in subsection A, may be designated and assigned by the Chief Judge of the Court of Appeals to perform the duties of a judge of the court. Such judge shall have all the powers, duties, and privileges attendant on the position for which he is recalled to serve.
C. While serving in such status, a senior judge shall be deemed to be serving in a temporary capacity and, in addition to the retirement benefits received by such judge, shall receive as compensation a sum equal to one-fourth of the total compensation of an active judge of the Court of Appeals for a similar period of service. A retired judge, while performing the duties of a senior judge, shall be furnished office space, support staff, a telephone, and supplies as are furnished a judge of the court.
D. A judge may terminate his status as a senior judge, or such status may be terminated by a majority of the members of the court. Each judge designated a senior judge shall serve a one-year term unless the court, by order or otherwise, extends the term for an additional year. There shall be no limit on the number of terms a senior judge may so serve.
E. Only seven retired judges shall serve as senior judges at any one time.
F. Nothing in this section shall be construed to increase the number of judges of the Court of Appeals provided for in § 17.1-400.
1993, c. 421, § 17-116.01:1; 1994, c. 401; 1998, cc. 190, 872; 2001, c. 295; 2004, c. 346; 2014, c. 776; 2018, c. 709; 2021, Sp. Sess. I, c. 489.
Notes of Decisions
Clanton v. Commonwealth, 673 S.E.2d 904 (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 her designation as a senior judge pursuant to Code § 17.”
Artis v. Ottenberg's Bakers, Inc., 608 S.E.2d 512 (Va. Ct. App. 2005).
· cites it 2× “For these reasons, I would reverse the commission's decision denying Artis's claim for post-termination temporary partial disability benefits, enter judgment in favor of Artis, and remand this case to the commission for the purpose of calculating the appropriate benefits.”
Anzualda v. Commonwealth, 607 S.E.2d 749 (Va. Ct. App. 2005).
· cites it 2× “NOTES [*] Judge Annunziata participated in the hearing and decision of this case prior to the effective date of her retirement on December 31, 2004 and thereafter by her designation as a senior judge pursuant to Code § 17.1-401. [1] In addition to these charges, Anzualda was…”
George Fisher Robinson v. Commonwealth, 625 S.E.2d 651 (Va. Ct. App. 2006).
· cites it 2× “The Robinsons argue on appeal that the trial court erred in denying their motions to suppress, contending that, because the investigating police officer was located in the curtilage of their home when he witnessed the illicit activity, the resulting search violated their Fourth…”
Melvin L. Layne v. Crist Elec. Contractor, Inc., 751 S.E.2d 679 (Va. Ct. App. 2013).
· cites it 4× “1-302(B); Code § 17.1-401(B). The General Assembly has also enacted legislation to authorize the appointment of a deputy commissioner to sit on the Workers’ Compensation Commission when there is a vacancy (or an active commissioner is absent or otherwise prohibited from…”
Hodges v. Com., Dept. of Soc. Servs., 609 S.E.2d 61 (Va. Ct. App. 2005).
· cites it 2× “NOTES [*] Judge Annunziata participated in the hearing and decision of this case prior to the effective date of her retirement on December 31, 2004 and thereafter by her designation as a senior judge pursuant to Code § 17.”
Rios v. Ryan Inc. Cent., 542 S.E.2d 790 (Va. Ct. App. 2001).
· cites it 2× “NOTES [*] Judge Coleman participated in the hearing and decision of this case prior to the effective date of his retirement on December 31, 2000 and thereafter by his designation as a senior judge pursuant to Code § 17.1-401. [1] Section 65.2-101 was amended, effective April 19,…”
Esparza v. Commonwealth, 513 S.E.2d 885 (Va. Ct. App. 1999).
· cites it 2× “NOTES [*] Judge Overton participated in the hearing and decision of this case prior to the effective date of his retirement on January 31, 1999 and thereafter by his designation as a senior judge pursuant to Code § 17.1-401, recodifying Code § 17-116.”
Edwards v. Commonwealth, 672 S.E.2d 894 (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 her designation as a senior judge pursuant to Code § 17.1-401. [1] At trial, the Commonwealth failed to prove that…”
Jett v. Commonwealth, 510 S.E.2d 747 (Va. Ct. App. 1999).
· cites it 2× “NOTES [*] Judge Overton participated in the hearing and decision of this case prior to the effective date of his retirement on January 31, 1999 and thereafter by his designation as a senior judge pursuant to Code § 17.1-401, recodifying Code § 17-116.”
Moore v. Commonwealth, 609 S.E.2d 74 (Va. Ct. App. 2005).
· cites it 2× “NOTES [*] Judge Annunziata participated in the hearing and decision of this case prior to the effective date of her retirement on December 31, 2004 and thereafter by her designation as a senior judge pursuant to Code § 17.1-401. [1] The Virginia Supreme Court's recent language…”
Va. Code Ann. § 17.1-401(B): 1 case
Melvin L. Layne v. Crist Elec. Contractor, Inc., 751 S.E.2d 679 (Va. Ct. App. 2013).
“1-302(B); Code § 17.1-401(B). The General Assembly has also enacted legislation to authorize the appointment of a deputy commissioner to sit on the Workers’ Compensation Commission when there is a vacancy (or an active commissioner is absent or otherwise prohibited from…”
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