2.2 Supreme Court of Virginia

• Library: Virginia Law and Practice: A Handbook for Attorneys (Virginia CLE) (2020 Ed.)

2.2 SUPREME COURT OF VIRGINIA ⁹

2.201 In General. The Supreme Court of Virginia consists of seven justices who are elected by a majority vote of both houses of the

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General Assembly to serve terms of 12 years and who are eligible for re-election. ¹⁰ The Chief Justice is elected by a majority vote of the justices and serves a term of four years. ¹¹ The Supreme Court sits in Richmond and has one term per year, ¹² beginning in September. Sessions commence at such times as the court directs. ¹³ The court may sit en banc or in divisions as prescribed by the Rules of the Court, ¹⁴ and the concurrence of at least three judges is required for a decision to become the judgment of the court. ¹⁵ If one justice of a division dissents from a decision of the division or certifies a conflict between the decision of the division and a prior decision of the court, the case will be reheard by the court sitting en banc. ¹⁶ However, a decision declaring a law invalid under either the Constitution of Virginia or the Constitution of the United States requires a concurrence of at least a majority of justices of the court. ¹⁷

2.202 Original Jurisdiction. The original jurisdiction of the Supreme Court of Virginia is set out in the state constitution and consists of the following proceedings: ¹⁸

1.	Habeas corpus; 19
2.	Mandamus; 20

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3.	Prohibition; 21
4.	Felons' claims of actual innocence as are permitted by statute; 22
5.	Matters of judicial censure, retirement, and removal; 23 and
6.	Questions of state law certified by a federal court or the highest appellate court of another state. 24

2.203 Appellate Jurisdiction.

A. In General. With the creation of the Court of Appeals of Virginia in 1985, ²⁵ the appellate jurisdiction of the Supreme Court of Virginia was divided into two general categories: direct appeal of certain decisions from the circuit courts and the State Corporation Commission, and appellate review of certain decisions from the Court of Appeals. All appeals to the Supreme Court are discretionary (through the petition for appeal) except for appeals from the State Corporation Commission ²⁶ and from a conviction in the circuit court in which a sentence of death is imposed. ²⁷ For these cases, appeal will lie as a matter of right.

B. Direct Appeal. The Supreme Court has jurisdiction over an appeal directly from a final decision in:

1.	Criminal cases in which the death penalty has been imposed; 28
2.	A habeas corpus proceeding before a circuit court; 29

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3.	Proceedings before the State Corporation Commission; 30
4.	Cases before a three-judge panel to revoke a license to practice law in Virginia or to revoke the certificate of registration of professional law corporations or professional limited liability companies; 31
5.	Most civil cases in the circuit court where the matter in controversy exceeds $500, 32 excluding those civil cases that are:
	a.	Appeals of decisions by an administrative agency; 33
	b.	Juvenile or domestic relations cases; 34 and
6.	Certain other civil cases involving matters not merely pecuniary. 35

C. Appeals from the Court of Appeals. The Supreme Court also has appellate jurisdiction to review, as a matter of the court's discretion, decisions of the Court of Appeals in:

1.	Cases resulting in conviction of a felony;
2.	Any case involving a

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