There has been a sharp growth in the number of habeas corpus petitions filed in recent years in the State and federal courts of Virginia. Statistics reported by the Attorney General vividly illustrate this trend: in 1962, 85 habeas corpus cases were pending in the Attorney General's Office and handled by one assistant attorney general; in 1966, more than 600 cases were pending and required the attention of four assistant attorneys general.

The increase in the number of these cases warrants a close examination of our habeas corpus procedures to determine whether these petitions can be processed more effectively so that the burden on the courts and the bar occasioned by these petitions is alleviated and at the same time the petitioner's rights are adequately safeguarded.

The problems inherent in processing this rapidly increasing number of petitions prompted the Governor of Virginia to request the Virginia Advisory Legislative Council to investigate the subject of habeas corpus procedures.

The Council selected William F. Stone, Martinsville, member of the Senate and of the Council, to serve as Chairman of the Committee to make the initial study and report to it. The following were chosen to serve with Senator Stone on this Committee: E. Almer Ames, Jr., member of the Senate, Onancock; Richard T. Edwards, Judge, Hustings Court, Roanoke; Alex M. Harman, Jr., Judge, Circuit Court, Pulaski; Reno S. Harp, III, Assistant Attorney General, Richmond; William J. Hassan, Commonwealth's Attorney, Arlington; W. Moscoe Huntley, Judge, Hustings Court, Richmond; Robert R. Huntley, Washington and Lee University, Lexington; J. Sloan Kuykendall, Attorney, Winchester; Albert L. Philpott, member of the House of Delegates, Bassett; J. Lewis Rawls, Jr., member of the House of Delegates, Suffolk; Luther W. White, III, Attorney, Norfolk; Wm. Earle White, Attorney, Petersburg and Henry T. Wickham, Attorney, Richmond.

Mr. Philpott was elected Vice-Chairman of the Committee. G. M. Lapsley and Mary R. Spain served as Secretary and Recording Secretary, respectively, to the Committee.

The Committee initially reviewed the State's habeas corpus procedures and invited all interested parties to a fully publicized open hearing in Richmond. After considering suggestions brought forward at the hearing and further study, the Committee prepared and submitted its report to the Council.

We have reviewed the report of the Committee and now present the recommendations of the Council accompanied by background findings and reasons in support of our proposals. Legislative proposals are included in the Appendix.