Virginia HB 60: Judges, substitute; powers and duties, entry of a final order.

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2020 SESSION

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CHAPTER 118 

An Act to amend and reenact � 16.1-69.21 of the Code of 
Virginia, relating to substitute judges; powers and duties; entry of final 
order. 

[H 60] 

Approved March 4, 2020 

Be it enacted by the General Assembly of Virginia:

1. That � 16.1-69.21 of the Code of Virginia is amended and 
reenacted as follows:

� 16.1-69.21. When substitute to serve; his powers and duties.

In the event of the inability of the judge to perform the duties 
of his office or any of them by reason of sickness, absence, vacation, interest 
in the proceeding or parties before the court, or otherwise, such judge or a 
person acting on his behalf shall promptly notify the appropriate chief 
district judge of such inability. If the chief district judge determines that 
the provisions of � 16.1-69.35 have been complied with or cannot reasonably be 
done within the time permitted and that no other full-time or retired judge is 
reasonably available to serve, the chief district judge may direct a substitute 
judge to serve as a judge of the court, which substitute may serve concurrently 
with one or more of the judges of the court or alone. When reasonably 
necessary, the chief district judge may designate a substitute judge from 
another district within the Commonwealth. The committee on district courts may 
adopt policies and procedures governing the utilization of substitute judges. 
In such event, those policies and procedures will, where applicable, control. 
While acting as judge, a substitute judge shall perform the same duties, 
exercise the same power and authority, and be subject to the same obligations 
as prescribed herein for the judge. A substitute judge shall retain the 
power to enter a final order in any case heard by such substitute judge for a 
period of 14 days after the date of a hearing of such case. While serving 
as judge of the court, the judge or the substitute judge may perform all acts 
with respect to the proceedings, judgments and acts of any other judge in connection 
with any action or proceeding then pending or theretofore disposed of in the 
court except as otherwise provided in this chapter in the same manner and with 
the same force and effect as if they were his own.