SB5002: Judgeships; authorization to fill certain judgeships and appropriation of funds to pay.

SENATE BILL NO. 5002

Offered March 24, 2014
Prefiled June 23, 2014
A BILL to authorize the filling of certain judgeships and to appropriate funds to pay for such judgeships during the two years ending, respectively, on June 30, 2015, and June 30, 2016.
Patron-- McEachin

Introduced at the request of Governor

Referred to Committee on Finance

Be it enacted by the General Assembly of Virginia:

1. § 1. That there is hereby appropriated $8,917,707 for the fiscal year ending June 30, 2015, and $10,118,726 for the fiscal year ending June 30, 2016, from the general fund of the state treasury to fund vacant and newly created judgeships that are hereby authorized to be filled pursuant to the following terms and conditions.

A. Notwithstanding the provisions of § 16.1-69.6:1 or 17.1-507, the total number of authorized judges in each judicial district or circuit shall be reduced by a number equal to the number of judges retiring, dying, or resigning from that district or circuit for any authorized judgeship that was vacant or became vacant on or after July 1, 2014, and before July 1, 2016, effective upon the resignation, death, or retirement date of each such judge, and by the number of individual judgeships newly created pursuant to Chapters 812 and 822 of the 2014 Acts of Assembly, unless the individual judgeship is specifically authorized elsewhere in this section or unless the judgeship is elected in a special session of the 2014 General Assembly or, if the General Assembly is not in session, appointed by the Governor in accordance with Article VI of the Constitution of Virginia or by the circuit courts in accordance with the Code of Virginia.

B. Effective July 1, 2014, the provisions of subsection A shall not apply to any authorized judgeship in which the vacancy occurred as a result of a judge being appointed to a judgeship on another Virginia court, except in those instances when the newly vacant judgeship was abolished pursuant to Chapters 812 and 822 of the 2014 Acts of Assembly, provided such appointment is to another authorized judgeship that is funded as provided herein or by existing law.

C. The Director of the Department of Planning and Budget is authorized to transfer the appropriations included in this section as needed among budgetary programs or activities to effectuate the filling of judgeships as authorized in this section or as elected in a special session of the 2014 General Assembly or, if the General Assembly is not in session, appointed by the Governor in accordance with Article VI of the Constitution of Virginia or by the circuit courts in accordance with the Code of Virginia.

D. The State Comptroller shall revert to the general fund of the state treasury savings that are realized as a result of vacant judgeships. The reversion is estimated to be $1,000,000 on or before June 30, 2015, and $1,000,000 on or before June 30, 2016.

2. That an emergency exists and this act is in force from its passage.

3. That the provisions of the first enactment of this act shall expire at midnight on June 30, 2016.