SD12 - Virginia's Court Structure
Executive Summary: Throughout the 1968 Regular Session of the General Assembly; numerous questions arose concerning the structure and operation of the Commonwealth's courts. Specific legislation and proposals for study involving all levels of the court system were put forth during that Session. Innovations to relieve the workload of the Supreme Court of Appeals and the feasibility of eliminating part-time judicial service are but two examples of the many potential areas for reform, touching all levels of the court structure, which were brought forward for consideration during the Session. While the Geμeral Assembly did take some specific legislative action, such as in the area of changes in the justice of the peace system, it resolved through the adoption of Senate Joint Resolution No. 5 to create this Virginia Court System Study Commission and to refer to it the bulk of these issues for careful investigation and the development of specific recommendations back to the General Assembly. The scope of the study assigned to this Commission is as broad as the State's judicial system itself. Pursuant to his authority under the Resolution, Governor Godwin appointed Lawrence W. I'Anson, Justice of the Supreme Court of Appeals, to serve as Chairman of the Commission and appointed to serve with him Joseph C. Carter, Jr., Attorney at Law, Richmond; C. Hobson Goddin, Attorney at Law, Richmond; Kermit V. Rooke, Judge of the Richmond Juvenile and Domestic Relations Court; and Rayner V. Snead, Judge of the Twenty-Sixth Judicial Circuit, Washington. The Speaker of the House of Delegates appointed Delegates John N. Dalton, Radford; C. Harrison Mann, Jr., Arlington; Julian J. Mason, Bowling Green; Garnett S. Moore, Pulaski; and C. Armonde Paxson, Charlottesville. The President of the Senate appointed State Senators Herbert H. Bateman, Newport News; Edward L. Breeden, Jr., Norfolk; J. C. Hutcheson, Lawrenceville; M. M. Long, St. Paul; and William F. Stone, Martinsville. The Commission elected Senator Long to serve as Vice-Chairman of the Commission. The Division of Statutory Research and Drafting; represented by Mary Spain, served as Secretariat. To conduct and complete a study as comprehensive as that called for by Senate Joint Resolution No. 5, time and research are essential. During the past eighteen months, the Commission has held numerous meetings; has investigated many areas of our judicial system, and has arranged for a major research program. These activities will be described in more detail below. The Commission was able, with respect to several fields, to reach conclusions and develop policy positions which are submitted below. The Commission believes that this Report reflects a sound and substantial step toward meeting the directives of the Resolution, but that additional time will be needed to permit further research and study. A full report and recommendations can be prepared in the light of such research and taking into account the results of action on the pending Constitutional amendments which affect the judicial system. |