An Overview of Virginia Courts and the Appellate System

 

Learn About the Role and Structure of the Virginia Court System

 

Most personal injury and car accident cases settle without a trial by jury. But that does not mean you can ignore the court system. Understanding the laws on subject matter jurisdiction – what courts can hear and decide your case – is essential to evaluating your injury case’s value and negotiating a fair car accident settlement.

 

This article aims to explain the organization and structure of the Virginia judicial system by providing an overview of the four levels of courts: the District Courts (General District and Juvenile and Domestic Relations), the Circuit Courts, the Court of Appeals, and the Supreme Court – and administrative agencies such as the Workers Compensation Commission and State Corporation Commission. It describes Virginia’s various courts’ powers and jurisdictions as defined by the statutes that created them. This information will help you determine where to file an initial complaint and where to file an appeal.

 

Keep reading to learn more about the courts that may decide your case under negligence and tort law. If you have any questions about your legal rights or want a free consultation with one of the best automobile accident lawyers in Virginia, call me: (804) 251-1620 or (757) 810-5614. See why other attorneys and past clients voted me a Top 100 High Stakes Litigator, and what results I can get for you.

 

The Power of State Courts in Virginia: Where It Comes From

 

The citizens of Virginia – through Article VI of the Constitution of the Commonwealth of Virginia and the General Assembly – place judicial power in the Supreme Court of Virginia and the subordinate courts created by the General Assembly. The purpose of Virginia’s legal system is to resolve disputes justly, promptly, and efficiently.

 

The Supreme Court has the power to make rules governing the practice of law and criminal and civil procedure in all state courts. This power includes the ability to make ethics rules for lawyers and judges.

 

What is Subject Matter Jurisdiction?

 

Subject matter jurisdiction is the power of a court to hear and decide a particular type of case. If a court does not have subject matter jurisdiction over a specific claim, its judgment is null and void.

 

You cannot waive subject-matter jurisdiction. Nor can you and the opposing party decide what court has subject-matter jurisdiction. The only way to control who helps you resolve a claim is to participate in arbitration or mediation. 

 

A court may dismiss a case on its own for lack of subject-matter jurisdiction.

 

Who Decides What Court Has Subject Matter Jurisdiction Over My Case?

 

In Virginia, the General Assembly decides what cases a particular court may hear and determine.

 

Various sections of the Code of Virginia establish the authority of the different courts.

 

Original Versus Appellate Jurisdiction: Understanding the Differences

 

A state court can have either original jurisdiction or appellate jurisdiction. Some courts can have both. 

 

If a court has original jurisdiction over a type of case, it has the right to hear it first. 

 

If a court has appellate jurisdiction over a type of case, it has the right to review a lower court’s decision. 

 

Later in this article, I discuss the original and appellate jurisdiction of each court in Virginia.

 

Appeals as a Matter of Right Versus Discretionary Appeals

 

In Virginia, a court is either a trial court (lower court) or an appellate court (higher court).

 

The Court of Appeals of Virginia and the Supreme Court of Virginia are appellate courts.

 

General District Court, Juvenile and Domestic Relations Court, Circuit Court, the Workers Compensation Commission, and the State Corporation Commission are trial courts.

 

If you are unhappy with the trial court’s decision in your injury case, you may have the right to appeal the ruling to a higher court. The other party has this right also.

 

In this article, you will see several references to appeals as a matter of right versus discretionary appeals.

 

When you have an appeal as a matter of right, a higher court must hear your appeal.

 

When an appeal is discretionary, you must file a petition for appeal with the higher court. A petition is a formal application to a court requesting that it takes action in a case and explaining why. If the higher court doesn’t grant the petition, then it won’t hear your appeal.

 

I include this information to help you understand the likelihood that a particular court’s decision will be the final decision in your case, even though it’s possible to appeal to a higher court. The Court of Appeals and the Supreme Court of Virginia grant only a small percentage of discretionary appeals.

 

The Supreme Court of Virginia

 

The Supreme Court of Virginia is the highest court in the state. It is a court of last resort – its primary function is to review decisions of lower courts, though it has original jurisdiction over some matters. 

 

There are seven members of the Supreme Court – a Chief Justice and six justices. Each justice is elected by a majority vote of both houses of the General Assembly to serve a twelve-year term. There is no limit on the number of times the General Assembly may elect a justice. However, state law requires judges to retire when they reach age 73.

 

The members of the Court select the Chief Justice by majority vote. The Chief Justice, the Virginia judicial system’s administrative head, serves a term of four years.

 

Below is a list of the current justices:

 

• Donald Lemons (Chief Justice)
• Samuel Goodwyn
• William Mims
• Cleo Powell
• Arthur Kelsey
• Stephen McCullough
• Teresa Chafin

 

The Supreme Court sits in Richmond at 100 North Ninth Street. It has six sessions per year in January, March, April, June, September, and November.

 

The Court may sit en banc, with all justices present, or in divisions of at least three judges. In practice, however, the Court sits en banc for all decisions on the merits and publishes written opinions explaining the reason for the decision.

 

No decision becomes the judgment of the Court unless at least three justices agree. This means that if a panel of three justices hears a case, the entire group must agree.

 

Further, no law can be declared unconstitutional under the Constitution of the United States of America or the Constitution of the Commonwealth of Virginia unless a majority of all justices on the Supreme Court concurred.

 

Original Jurisdiction of the Supreme Court

 

The Supreme Court of Virginia has original jurisdiction in cases of:

 

• Habeas corpus. A writ of habeas corpus is a court order demanding that a public official, usually a warden or other prison official, bring a prisoner to the court to determine if the prisoner’s detention is proper.

 

• Mandamus. A writ of mandamus orders the holder of an office – such as a lower court judge or executive agency official – to perform their duty.

 

• Prohibition. A writ of prohibition orders a public official to stop specific conduct or action.

 

The Supreme Court also has original jurisdiction to:

 

• Consider claims of actual innocence presented by convicted felons when biological testing and DNA evidence support those claims.

 

• Decide matters filed by the Judicial Inquiry and Review Commission relating to judicial censure, retirement, and judges’ removal.

 

• Answer questions of state law certified by a federal court of the United States or the highest appellate court of another state.

 

Appellate Jurisdiction of the Supreme Court

 

The appellate jurisdiction of the Supreme Court of Virginia is divided into two categories.

 

The first category consists of appeals directly from a final decision in:

 

• Criminal cases in which the defendant is sentenced to death.

 

• Proceedings before the State Corporation Commission.

 

• Civil cases in the circuit court when the matter in controversy (dispute) exceeds $500 unless the case involves an appeal of a decision from an administrative agency or a juvenile or domestic relations case.

 

• Cases before a three-judge panel to revoke an attorney’s license to practice law.

 

• A habeas corpus proceeding before a circuit court.

 

The second category consists of appeals from decisions of the Court of Appeals of Virginia in:

 

• Cases resulting in a felony conviction.

 

• Any case involving a substantial constitutional question.

 

• Any case that involves a matter with significant precedential value.

 

When is an Appeal to the Supreme Court Automatic Instead of Discretionary?

 

All appeals to the Supreme Court are discretionary, meaning the Supreme Court can decide whether to accept or reject a petition for appeal – with three exceptions. The parties may appeal to the Supreme Court as a matter of right in cases involving:

 

• The death penalty

 

• State Corporation Commission (SCC) decisions

 

• Specific disciplinary actions against an attorney, such as disbarment

 

For all other cases, you must petition the Supreme Court to grant an appeal. In my experience, the Court grants few petitions involving workers compensation and personal injury cases.

 

Court of Appeals of Virginia

 

Established in 1985, the Court of Appeals is an eleven-judge tribunal that hears appeals from decisions of the circuit court and the Workers Compensation Commission. 

 

The General Assembly organized the Court of Appeals as an intermediate appellate court to handle the bulk of circuit court appeals so that the Supreme Court could concentrate on developing the law. 

 

The General Assembly elects the eleven judges on the Court of Appeals for eight-year terms. The active judges on the Court of Appeals are:

 

• Clay Athey
• Richard AtLee, Jr.
• Randolph Beales
• Marla Decker (Chief Judge)
• Glen Huff
• Robert Humphreys
• Mary Malveau
• William Petty
• Wesley Russell, Jr.

 

Headquartered in Richmond at 109 North Eighth Street, the Court of Appeals hears cases at various locations in the state to provide citizens throughout Virginia. In 2020, oral arguments took place in Richmond, Fredericksburg, Lexington, and Norfolk.

 

The Court of Appeals usually sits in panels of three judges, with rotating membership throughout the year. But it may sit en banc when:

 

• One of the judges on the panel dissents and the losing party requests an en banc hearing and at least three other judges on the Court vote for an en banc hearing. 

 

• A judge on the panel certifies that the panel’s decision conflicts with a past decision of the Court or any panel, and three other judges agree.

 

• A majority of the Court, on its motion, determines an en banc hearing is appropriate. 

 

At least eight judges must be present when the Court of Appeals sits en banc. 

 

Original Jurisdiction of the Court of Appeals

 

The Court of Appeals has original jurisdiction to punish for contempt. It also has original jurisdiction “in any case over which the court would have appellate jurisdiction” to issue writs of mandamus, prohibition, and habeas corpus.

 

Appeal as a Matter of Right to the Court of Appeals

 

A party may appeal as a matter of right to the Court of Appeals from:

 

• A final decision of the Workers Compensation Commission

 

• A final decision of a circuit court on appeal from a decision of an administrative agency

 

• Any circuit court action involving affirmance or annulment of a marriage, divorce, custody, or spousal or child support.

 

Discretionary Appeal to the Court of Appeals

 

The Court of Appeals has jurisdiction to hear appeals upon petition of a party in any case involving

 

• A criminal matter, except where a death sentence was imposed.

 

• A denial of an application for a concealed weapons permit.

 

• The involuntary medical and mental health treatment of a prisoner.

 

• A decision finding a municipal ordinance invalid.

 

• A person’s right to religious freedom.

 

When is the Decision of the Court of Appeals Final?

 

The parties have no right to appeal to the Supreme Court in civil cases, workers compensation cases, or non-capital criminal matters. But they may petition the Supreme Court to grant review if the case involves a felony conviction, a traffic infraction or misdemeanor conviction where the person is sentenced to prison, a substantial constitutional question, or matters of significant precedential value.

 

If you are hurt at work, you should evaluate your claim’s value with the understanding that the decision of the Court of Appeals is likely final.

 

Circuit Court in Virginia

 

Each city and county in Virginia has a circuit court. The circuit court is the trial court with the broadest jurisdiction, and where most severe injury cases are filed and tried. It is often called a court of general jurisdiction.

 

The General Assembly elects circuit court judges for eight-year terms, and judges must live within the circuit in which they sit. The judges of the circuit select a chief judge by majority vote.

 

Organization of the Circuit Court System

 

Virginia has 31 judicial circuits with 120 separate circuit courts. The judicial circuits are:

 

• First Judicial Circuit: Chesapeake

 

• Second Judicial Circuit: Virginia Beach, Accomack, Northampton

 

• Third Judicial Circuit: Portsmouth

 

• Fourth Judicial Circuit: Norfolk

 

• Fifth Judicial Circuit: Isle of Wight, Southampton, Suffolk

 

• Sixth Judicial Circuit: Brunswick, Greensville, Hopewell, Prince George, Surry, Sussex

 

• Seventh Judicial Circuit: Newport News

 

• Eighth Judicial Circuit: Hampton

 

• Ninth Judicial Circuit: Charles City, Gloucester, James City County/Williamsburg, King William, King and Queen, Mathews, Middlesex, New Kent, York County/Poquoson

 

• Tenth Judicial Circuit: Appomattox, Buckingham, Charlotte, Cumberland, Halifax, Lunenburg, Mecklenburg, Prince Edward

 

• 11th Judicial Circuit: Amelia, Dinwiddie, Nottoway, Petersburg, Powhatan

 

• 12th Judicial Circuit: Chesterfield, Colonial Heights

 

• 13th Judicial Circuit: Richmond

 

• 14th Judicial Circuit: Henrico

 

• 15th Judicial Circuit: Caroline, Essex, Fredericksburg, Hanover, King George, Lancaster, Northumberland, Richmond County, Spotsylvania, Stafford, Westmoreland

 

• 16th Judicial Circuit: Albemarle, Charlottesville, Culpeper, Fluvanna, Goochland, Greene, Louisa, Madison, Orange

 

• 17th Judicial Circuit: Arlington

 

• 18th Judicial Circuit: Alexandria

 

• 19th Judicial Circuit: Fairfax

 

• 20th Judicial Circuit: Fauquier, Loudoun, Rappahannock

 

• 21st Judicial Circuit: Henry, Martinsville, Patrick

 

• 22nd Judicial Circuit: Danville, Franklin, Pittsylvania

 

• 23rd Judicial Circuit: Roanoke City, Roanoke County, Salem

 

• 24th Judicial Circuit: Amherst, Bedford, Campbell, Lynchburg, Nelson

 

• 25th Judicial Circuit: Alleghany, Augusta, Bath, Botetourt, Buena Vista, Craig, Highland, Rockbridge, Staunton, Waynesboro

 

• 26th Judicial Circuit: Clarke, Frederick, Page, Rockingham, Shenandoah, Warren, Winchester

 

• 27th Judicial Circuit: Bland, Carroll, Floyd, Giles, Grayson, Montgomery, Pulaski, Radford, Wythe

 

• 28th Judicial Circuit: Bristol, Smyth, Washington

 

• 29th Judicial Circuit: Buchanan, Dickenson, Russell, Tazewell

 

• 30th Judicial Circuit: Lee, Scott, Wise

 

• 31st Judicial Circuit: Prince William

 

Original Jurisdiction of the Circuit Court

 

The circuit court has original jurisdiction over particular civil and criminal matters.

 

Civil Cases

 

The circuit court has exclusive original jurisdiction in civil cases involving:

 

• An amount in dispute that exceeds $25,000

 

• Attachment of property

 

• The validity of a county or municipal ordinance or corporate bylaw

 

• Divorce proceedings

 

• Wills, trusts, and estate matters

 

• Property disputes

 

• Adoption proceedings

 

• The appointment of guardians for minors or incapacitated persons

 

Circuit courts also have the power to issue writs, such as the writs of quo warranto, mandamus, prohibition, and certiorari.

 

The circuit court has concurrent jurisdiction with the general district court in civil actions involving claims between $4,500 and $25,000.

 

The circuit court does not have jurisdiction over cases that have been assigned to other courts or tribunals.

 

For example:

 

• The Workers Compensation Commission has exclusive jurisdiction over claims arising from industrial injuries and occupational diseases;

 

•  The Virginia Employment Commission has jurisdiction over unemployment claims; 

 

• The general district court has jurisdiction over certain juvenile and domestic relations matters; 

 

• The Social Security Administration has jurisdiction over disability claims; and 

 

• The federal court has jurisdiction over certain cases, such as those with diversity jurisdiction and those involving federal law issues, such as longshore and harbor workers comp, maritime. and labor and employment matters.

 

Criminal Cases

 

The circuit court has original jurisdiction over the following criminal matters:

 

• All felonies (criminal offenses punishable by imprisonment of more than one year)

 

• Misdemeanors (offenses carrying a penalty of 12 months in jail or less) on appeal from the district court or initially charged in circuit court.

 

• Juveniles age 14 or older who are charged with felonies and whose cases have been certified or transferred by the judge of a juvenile and domestic relations district court for trial in the circuit court.

 

Appellate Jurisdiction of the Circuit Court

 

The circuit court has appellate jurisdiction over all appeals – civil and criminal – from the general district court and the juvenile and domestic relations court.

 

Cases appealed to the circuit court from the general district court are heard de novo. That means the circuit court is not bound by the general district court’s findings and tries the case as though there was no prior trial.

 

The circuit court also has appellate jurisdiction over the decisions of many administrative agencies, the Virginia Employment Commission, and boards of zoning appeals. However, these cases are not heard de novo; the circuit court may only review the decision.

 

Trial by Jury in the Circuit Court

 

You have the right to a jury trial in all civil and criminal matters heard by the circuit court, regardless of whether the circuit court has original or appellate jurisdiction over the case.

 

The circuit court is the only court in Virginia with trials by jury.

 

Appeals from the Circuit Court

 

A party may appeal the final decision of the circuit court to the Supreme Court of Virginia or the Court of Appeals of Virginia, depending on the type of case.

 

Most civil cases, including actions for personal injury, product liability, medical malpractice, child injury, and wrongful death, are appealed to the Supreme Court.

 

Family law cases and criminal convictions that do not involve the death penalty are appealed to the Court of Appeals.

 

District Court in Virginia

 

The district court is meant to provide a quick, simple, and inexpensive way to resolve disputes. It is a “court not of record.” There is no court reporter, and though you can hire a court reporter to attend the trial at your own expense, testimony from the district court trial is not admissible in later judicial proceedings.

 

There is no right to jury trial in the district court. All cases are heard by a judge. This is called a bench trial.

 

There are two types of district courts in Virginia – the general district court and the juvenile and domestic relations district court. Each city and county in Virginia has a district court.

 

The district court has only original jurisdiction. It has no appellate jurisdiction.

 

The General Assembly elects district court judges for a term of six years. This a full-time job, and judges must live within their respective districts.

 

General District Court

 

The general district court has limited jurisdiction over some civil and criminal matters.

 

Civil Jurisdiction of General District Court

 

The jurisdiction of the general district court includes civil actions involving amounts of money up to $25,000, such as claims based on:

 

• Breach of contract

 

• Breach of a lease by a landlord

 

• Defamation (libel and slander)

 

• Detinue (a claim to recover personal property and possessions)

 

• Habitual offender status under the motor vehicle laws

 

• Many landlord and tenant disputes

 

• Mental incompetency proceedings

 

• Partition of personal property valued up to $25,000

 

• Personal injury if the injuries are minor

 

• Property damage

 

• Suits by creditors to collect past due debts

 

• The Virginia Freedom of Information Act (FOIA)

 

• Unlawful entry and detainer (eviction) actions that include a request for rent for commercial or agricultural property, even if the amount of rent sought is more than $25,000

 

The general district court has no jurisdiction over claims based on real property (real estate).

 

Criminal Jurisdiction of General District Court

 

The criminal jurisdiction of the general district court includes:

 

• Adult misdemeanors (any charge with a penalty of no more than one year in jail or a fine of up to $2,500, or both).

 

• Preliminary hearings in felony cases. A preliminary hearing is held to determine if there is probable cause to believe the accused person committed the offense charged.

 

• Traffic infractions

 

• Violations of ordinances and laws of the city, county, or town where the court is located.

 

Juvenile and Domestic Relations District Court

 

The juvenile and domestic relations district court has exclusive original jurisdiction over cases involving:

 

• Children accused of delinquent acts. A child is considered “delinquent” when a court finds that the child has committed an act that would be a crime if the child committed the act as an adult.

 

• Children accused of traffic violations

 

• Children who need special services or supervision. A “child in need of supervision” is one who is habitually and unjustifiably absent from school or who runs away from home often. A “child in need of services” is a child who needs treatment or rehabilitation to keep the child or the child’s family safe.

 

• Children who are the victims of abuse, neglect, or abandonment. “Child abuse and neglect” is defined as the improper care or injurious treatment of the child.

 

• Children in foster care

 

• Children seeking emancipation

 

• Children seeking work permits

 

• Children whose eligibility for federal or state benefits requires a court determination

 

• Custody, visitation, support, or parentage of children

 

• Family members who are the victims of abuse

 

• Family members who have been accused of abuse

 

• Adults accused of child abuse or neglect

 

• Adults accused of offenses against a family member or other person living in the home

 

• Spouses seeking support after separation (spousal support)

 

• Enforcement of spousal or child support orders

 

• Termination of parental rights

 

• Court-ordered blood testing of children

 

• Protective orders (restraining orders) involving family members

 

In Virginia, a child is any person under age 18.

 

Appeals from District Court

 

All court orders and judgments entered at the district court level – general district or juvenile and domestic relations – can be appealed to the circuit court.

 

You have to act quickly. You have only ten days to note your appeal.

 

The circuit court will hear your case as though nothing happened in the district court.

 

Administrative Agencies

 

Two administrative agencies are courts of record: the State Corporation Commission and the Workers Compensation Commission.

 

State Corporation Commission

 

The State Corporation Commission is a regulatory agency with authority over utilities, energy companies, insurance companies, state-chartered financial institutions, securities (stocks, bonds, etc), retail franchising, and railroads in Virginia.

 

Parties who are unhappy with the State Corporation Commission’s decision may appeal directly to the Supreme Court.

 

Workers Compensation Commission

 

The Workers Compensation Commission is an executive agency with the power to decide workers compensation cases arising out of industrial injuries and occupational diseases.

 

Employers, insurers, and injured workers who are unhappy with the full Commission’s decision may appeal directly to the Court of Appeals.

 

Make Sure You File an Action or Appeal in the Right Court in Virginia

 

Sometimes the only way to get the money you deserve for your injury is to go to court. But you must bring an action in the right court and appeal to the right tribunal if you are unhappy with the lower court’s decision.

 

To learn more about what court has jurisdiction over your case and potential appeals, call me: (804) 251-1620 or (757) 810-5614. I help injured employees and auto accident victims throughout Virginia.