Saturday, November 22, 2008
The General Assembly is not in session.
Tracking Virginia’s General Assembly
since 2007.
SB390: Judicial Inquiry and Review Commission; Supreme Court to adopt rules governing discovery.
Be it enacted by the General Assembly of Virginia:
1. That § 17.1-910 of the Code of Virginia is amended and reenacted as follows:
§ 17.1-910. Discovery.
In any pending investigation or formal hearing Commission proceeding in which a judge has been charged formally with
misconduct, the Commission may order the deposition
of a person residing within or without the Commonwealth to be taken in such
form and subject to such limitations as may be prescribed in the order. If the
subject judge and counsel for the Commission do not stipulate as to the manner
of taking the deposition, either the judge or counsel for the Commission may
file in a trial court of record a petition entitled "In the Matter of
Proceeding of Judicial Inquiry and Review Commission No. . . . . . . . . (state
number)" and stating generally, without identifying the judge, the nature
of the pending matter, the name and residence of the person whose testimony is
desired, and directions, if any, of the Commission, asking that an order be
made requiring such person to appear and testify before a designated officer.
Upon the filing of the petition, the court may make an order requiring such
person to appear and testify. A subpoena for such deposition shall be issued by
the clerk of the court and the deposition shall be taken and returned, in the
manner prescribed by law for depositions in civil actions. Upon failure of the
person named in the subpoena to appear and testify, he shall be dealt with by
such court as for contempt of court. If the deposition is that of a person
residing or present within this Commonwealth, the petition shall be filed in
the court of record of the county or corporation in which such person resides
or is present; otherwise in or the subject judge
may obtain discovery pursuant to rules promulgated by the Supreme Court of
Virginia. Any discovery disputes shall be resolved by the Circuit
Court of the City of Richmond or, if a judge in the City of Richmond is the subject
of the charge, by a circuit court judge
not in the City of Richmond who is
appointed by the Supreme Court or a justice thereof.
Additional Data
Explanation
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Words that are highlighted in yellow are
proposed additions, and words that are crossed out in
red are proposed removals.
The numbers with the § symbol before them are references to existing laws, and if you click on them they’ll take you to that part of the law on the state's website.