A BILL to amend and reenact § 17.1-507 of the Code of Virginia, relating to maximum number of judges in each judicial circuit.
HB46 amends Virginia Code § 17.1-507, which sets the maximum number of circuit court judges in each judicial circuit. The bill makes a single numerical change: it increases the authorized maximum for the Twentieth Judicial Circuit from 5 judges to 6 judges. The rest of the statute, including the residence requirement for judges and the general compensation and powers language, remains unchanged.
The bill also preserves the existing process for adding judges or changing circuit boundaries. Under the statute, no additional circuit judge may be authorized until the Judicial Council studies the need and reports its findings to the House and Senate Committees for Courts of Justice. If the Judicial Council finds a need for an additional judge, the study must also be shared with the Compensation Board, which must examine related needs for courtroom security and deputy clerk staffing. Those findings are then reported to the relevant committees and the Department of Planning and Budget.
HB46 directly changes state law by increasing the statutory cap on circuit judges in the Twentieth Judicial Circuit, allowing that circuit to have one additional judge if otherwise funded and appointed. It does not itself create a judgeship, but it removes the statutory ceiling that would otherwise limit the circuit to five judges. The bill also leaves intact the statewide review and reporting requirements that govern future requests for additional circuit judges and related court staffing needs.
The available legislative history suggests the bill was not controversial and was ultimately folded into another measure, as indicated by the note that it was incorporated by Courts of Justice (HB443-Hope) by voice vote. That procedural outcome points to general acceptance of the underlying policy of adjusting judicial capacity in the affected circuit. No recorded committee testimony or roll-call vote is provided, so there is no evidence of organized opposition in the materials supplied.
The main policy issue is whether the Twentieth Judicial Circuit should be allowed to have an additional circuit judge, which typically implicates caseload management, judicial efficiency, and resource allocation. Any concern would likely center on whether the need for another judge has been sufficiently demonstrated and whether related costs, including courtroom security and clerk staffing, are justified. However, the record provided does not show specific objections or named opponents, and the bill appears to have moved forward without recorded dissent.