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Court of Appeals of Virginia


FieldValue
court_nameCourt of Appeals of Virginia
imageSeal of Virginia.svg
established1985
locationVirginia
typeLegislative election
authorityVa. Code § 17.1–400
appealstoSupreme Court of Virginia
terms8 years
positions17
websiteCourt of Appeals
chiefjudgetitleChief Judge
chiefjudgenameMarla Graff Decker
termstart2019
termend-

The Court of Appeals of Virginia, established January 1, 1985, is an intermediate appellate court of 17 judges that hears appeals from decisions of Virginia's circuit courts and the Virginia Workers' Compensation Commission. The Court sits in panels of at least three judges, and sometimes hears cases en banc. Appeals from the Court of Appeals go to the Supreme Court of Virginia.

History

A 1971 Virginia Court System Study Commission stated the need for a unified court system to handle appeals. The Court of Appeals of Virginia was established on January 1, 1985, as an intermediate court of limited appellate jurisdiction, initially with ten judges, with an eleventh judge added in 2000.

In March 2021, legislation was passed to expand the jurisdiction and composition of the Court from 11 judges to 17 judges, coming into effect July 1, 2021.

Judges

The Court of Appeals consists of 17 judges who are elected for eight-year terms by a majority of the members of each house of the General Assembly. The Court of Appeals may designate seven retired judges of the Court to serve as senior judges.

Jurisdiction

Reforms effective January 2022

As part of a comprehensive reform bill passed by the Virginia General Assembly and signed into law in March 2021, the jurisdiction of the Court of Appeals expanded on January 1, 2022, as follows:

  • Litigants can now appeal as of right a lower court's decision in civil cases, and the Supreme Court of Virginia will retain the power to select which appeals it hears.
  • Criminal defendants can now appeal as of right a lower court's decision in criminal cases, but the Commonwealth will still need to petition the Court of Appeals if it wishes to appeal a decision in a criminal case.
  • The Court of Appeals now has jurisdiction to hear interlocutory appeals and petitions for review of injunctions.

An appeal filed with the Supreme Court of Virginia before January 1, 2022, remains under its jurisdiction.

Procedure

Since January 1, 2022, when the court's jurisdiction expanded, most appeals are initiated by filing a timely notice of appeal in the tribunal whose order is being appealed and a copy with the clerk of the Court of Appeals.

Decisions are issued by the Court of Appeals by written opinion or order.

Current composition

As of January 1, 2025:

Active

JudgeBornJoinedurl=http://www.courts.state.va.us/directories/terms_of_office.pdftitle=Virginia Justices and Judges Terms of Officeaccess-date=2024-04-01}}Law school
, Chief JudgeRichmond
Virginia
W&L
William & Mary
Richmond
Dayton
George Washignton
Texas Southern
Vanderbilt
Howard
Virginia
Virginia
William & Mary
Mercer
Carolina
WashU
William & Mary

Senior

JudgeActive serviceChiefSenior
since
Rosemarie Annunziatatitle=Lawyers in the Newsjournal=Virginia Lawyers Weeklydate=September 26, 2005url=http://valawyersweekly.com/2005/09/26/lawyers-in-the-news-324/}}——2005
Jean Harrison Clementslast=Cooperfirst=Alantitle=Judge Clements to retire from appeals courtjournal=Virginia Lawyers Weeklydate=November 24, 2008url=http://valawyersweekly.com/2008/11/24/judge-clements-to-retire-from-appeals-court/access-date=27 March 2013}}——2009
William G. Pettytitle=William Pettyurl=https://ballotpedia.org/William_Pettyaccess-date=2025-12-04website=Ballotpedialanguage=en}}——2021
Robert J. Humphreystitle=Robert Humphreysurl=https://ballotpedia.org/Robert_Humphreysaccess-date=2025-12-04website=Ballotpedialanguage=en}}——2024

Chief judges

JudgeChief
E. Ballard Baker1985
Lawrence L. Koontz, Jr.1985–1993
Norman K. Moon1993–1997
Johanna L. Fitzpatrick1997–2006
Walter S. Felton, Jr.2006–2014
Glen A. Hufftitle=Glen A. Huff Named Chief Judge-elect of Court of Appeals of Virginiaurl=http://www.vsb.org/site/news/item/huff_named_chief_judge_electwebsite=Virginia State Baraccess-date=23 March 2015ref=VSBHuffCJ}}
Marla Graff Decker2019–

References

References

  1. ''Report of the Court System Study Commission to The Governor and The General Assembly of Virginia'', Virginia House Document No. 6 (1972 Regular Session) (1971)
  2. "SB 1261 Court of Appeals; expands jurisdiction, increases from 11 to 17 number of judges on Court".
  3. "The Court of Appeals of Virginia".
  4. "LIS > Bill Tracking > SB1261 > 2021 session".
  5. "The Court of Appeals of Virginia (informational pamphlet)". Virginia's Judicial System.
  6. "Judges of the Court of Appeals of Virginia, 1985-".
  7. "Virginia Justices and Judges Terms of Office".
  8. (September 26, 2005). "Lawyers in the News". Virginia Lawyers Weekly.
  9. Cooper, Alan. (November 24, 2008). "Judge Clements to retire from appeals court". Virginia Lawyers Weekly.
  10. "William Petty".
  11. "Robert Humphreys".
  12. "The McCammon Group, Hon. Johanna L. Fitzpatrick (Ret.)".
  13. "Glen A. Huff Named Chief Judge-elect of Court of Appeals of Virginia".
  14. (3 December 2018). "Judge Marla Graff Decker is elected chief judge-elect of the Virginia Court of Appeals".
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