Va. Code » Title 19.2. Criminal Procedure » Chapter 3. Magistrates » Article 3. The Magistrate System
Virginia Code

Va. Code Ann. § 19.2-38 (2026)

Probationary period; compensation and benefits; vacancies; revocation of appointment

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Persons appointed as magistrates under the provisions of this chapter shall serve at the pleasure of the Executive Secretary. Upon appointment by the Executive Secretary, every magistrate shall serve initially for a nine-month probationary period during which the magistrate must complete the minimum training program as established by the Committee on District Courts and satisfactorily complete a certification examination. Any magistrate who fails to successfully pass the certification examination shall not serve beyond the nine-month probationary period. The probationary period described in this section shall not apply to any magistrate serving on July 1, 2008, who has successfully completed the minimum training program and passed the certification examination, provided there is no break in service after July 1, 2008. Magistrates shall be entitled to compensation and other benefits only from the time they take office.

Code 1950, § 19.1-386; 1973, c. 545; 1974, c. 484; 1975, c. 495; 1980, c. 505; 2004, c. 370; 2008, cc. 551, 691.

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 1996–2023 · leading case: Fuller v. Hade, No. 1:22-cv-00218 (E.D. Va. Feb. 28, 2023).
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Fuller v. Hade, No. 1:22-cv-00218 (E.D. Va. Feb. 28, 2023). · cites it 3× “Va. Code Ann. § 19.2-38 .? As a magistrate, Plaintiff was responsible for conducting impartial hearings related to searches, arrests, bails, temporary ' In considering a motion to dismiss for failure to state a claim, as is the case here, “a court accepts all well-pled facts as…”
Aylor v. Town of Culpeper, No. 96-1438 (4th Cir. Nov. 20, 1996). “564 (1972); see also Va. Code Ann.§ 19.2-38 (Michie 1995) (stating that such appointment is "revocable at the pleasure of the chief circuit judge").”
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