In Virginia, the branch that interprets and enforces the law—the judicial branch—is not chosen directly by the people. This is not the case in many states, where judges are also elected by the voters. States with this system would argue that this makes the courts responsive to the voters, and that no branch should be “above” the people. In Virginia, the drafters of the state Constitution did not think that this process is a good idea. That is because a court often renders decisions that are not popular, and the whole point of an election is to be popular so that a candidate can get more than 50 percent of the vote. For example, judges must give criminals a fair trial, determine which parent gets custody of a child in a divorce, and decide legal disputes where one person must pay another person. Many of these decisions make one side happy and another side upset. Consequently, the framers of the Constitution of Virginia wanted judges to decide cases based solely upon the law—and not to decide cases based upon what is popular. (Albo, 2012, p. 161)
The Virginia judicial system was created with the mission to assure that disputes are resolved justly, promptly, and economically. There are currently four levels of courts in Virginia: the Supreme Court of Virginia, the Court of Appeals of Virginia, the circuit courts, and the district courts. The top three courts are known as “Courts of Record” because transcripts of the proceedings are made and kept. Also at the district level are small claims courts and juvenile and domestic relations courts. Additionally, magistrates serve as judicial officers with the authority to issue various types of processes, such as search warrants.
| Did You Know? The Supreme Court of Virginia is one of the oldest continuous judicial bodies in the United States, and Virginia is one of a handful of states in which the state legislature chooses all state court judges. |
This selection process stands in stark contrast to the process used for U.S. Supreme Court justices who are nominated by the President, confirmed by the U.S. Senate, and serve for life. The Chief Justice of the Virginia Supreme Court is chosen by a majority vote of the justices on the court and serves a four-year term. The Virginia Supreme Court determines the constitutionality of laws and acts passed by the General Assembly. Laws must conform to both the Virginia and the United States Constitutions. The state’s High Court also considers appeals from criminal defendants who believe that their due process was violated and convicted killers who have been given the death penalty.
B. Virginia Court of Appeals
Virginia created the Virginia Court of Appeals in 1985. This is an appellate court that was established to increase capacity for appealing lower court decisions and to expedite the appeal process. The Court of Appeals reviews decisions made by Virginia’s circuit courts. The Court of Appeals is comprised of eleven judges who are elected by the General Assembly for a term of eight years and who maybe be re-elected. The court sits in panels of three judges at locations that the chief judge designates in order to provide access to the various geographic areas of the Commonwealth.
C. Circuit Courts
The Circuit Courts of Virginia are the next level of the Virginia Judicial System. These courts are trial courts and have authority to try civil and criminal cases. These courts also have both original and appellate jurisdiction and thus hear appeals from Virginia’s district courts. There are 31 judicial circuits in Virginia with 120 separate circuit courts. There is a circuit court in every county and city of the Commonwealth. Circuit court judges are also elected by the General Assembly, serve an eight-year term, and can be re-elected.
D. General District Courts and Juvenile and Domestic Relations District Courts
The lowest level of courts in Virginia is referred to as the district court system. This system was created in 1973 to replace the municipal and county courts and regional juvenile and domestic relations courts. There are 32 judicial districts in the Commonwealth. Every city and county has a general district court and juvenile and domestic relations district court. Judges in both district courts and juvenile and domestic relations courts are elected by the General Assembly and serve six-year terms.
The general district courts hear cases that involve misdemeanors, traffic infractions, and all civil cases within a set financial amount. These cases are heard by a judge without a jury. The juvenile and domestic relations district courts hear cases that involve child abuse and neglect, delinquency, crimes by one family or household member against another, and civil cases involving families in general, including protective orders, custody, visitation, and support. The juvenile and domestic relations courts are mostly responsible for adjudicating cases involving persons who have yet to reach the age of majority (18 years of age).
In the following video segment, Dr. Karen Hult, professor of political science at Virginia Tech, describes the Virginia court system.