The Judicial Branch consists of the lower courts, courts of appeal and the Supreme Court of Virginia.  This branch interprets the laws establishing policy.  

The Supreme Court

The Supreme Court of Virginia is the highest court in the judicial system of the Commonwealth and one of the oldest continuous judicial bodies in the United States. Although the Supreme Court possesses both original and appellate jurisdiction, its primary function is to review decisions of lower courts, including the Court of Appeals, from which appeals have been allowed. Virginia does not allow an appeal to the Supreme Court as a matter of right except in cases involving the State Corporation Commission, certain disciplinary actions regarding attorneys, and review of the death penalty.  The Supreme Court has original jurisdiction in cases of habeas corpus (ordering one holding custody to produce the detained person before the Court for the purpose of determining whether such custody is proper), mandamus (ordering the holder of an office to perform his duty), prohibition (ordering a public official to stop an action), and actual innocence (based on the results of scientific testing of human biological evidence). The Supreme Court also has original jurisdiction in matters filed by the Judicial Inquiry and Review Commission relating to the censure, retirement, and removal of judges.

The Supreme Court consists of seven judges, each of whom has the title of Justice. The Justices are elected by the joint vote of the two houses of the General Assembly for twelve-year terms. The Chief Justice of the Supreme Court, chosen by a majority vote of the justices for a term of four years, serves as the administrative head of Virginia’s Judicial System.  Assisting with the administration of the judicial branch is the Office of the Executive Secretary to the Supreme Court, who is the court administrator for the Commonwealth and  provides administrative assistance to the courts of the Commonwealth and to Virginia’s magistrates.  

Court of Appeals

The Court of Appeals of Virginia was established January 1, 1985. It is an intermediate appellate court, created in order to increase appellate capacity and expedite the appellate process. The Court of Appeals provides appellate review of final decisions of the circuit courts in domestic relations matters, appeals from decisions of administrative agencies, traffic infractions, and criminal cases, except where a sentence of death has been imposed. It also hears appeals of final decisions of the Virginia Workers’ Compensation Commission. While appeals in criminal and traffic infraction cases, final decisions on applications for concealed weapons permits and certain preliminary rulings in felony cases are presented by a petition for appeal, other appeals to the Court of Appeals are a matter of right. 

The Court of Appeals consists of 17 judges, elected by the General Assembly for a term of eight years. The court sits in panels of three judges at such locations as the chief judge designates so as to provide convenient access to the various geographic areas of the Commonwealth. 

Circuit Courts

Circuit courts are trial courts of general jurisdiction in Virginia and have authority to try a full range of cases both civil and criminal.  In addition, circuit courts have appellate jurisdiction over appeals from the district courts in civil and criminal cases as well as appeals from certain administrative agencies. The Virginia circuit court system is comprised of 31 judicial circuits with 120 separate circuit courts, one in every county and city of the Commonwealth.  Circuit court judges are elected by the General Assembly for eight-year terms. 

District Courts

In 1973, the unified district court system was created by the General Assembly to replace the municipal and county courts and regional juvenile and domestic relations courts.  Within the 32 judicial districts in the Commonwealth, every city and county has a general district court and juvenile and domestic relations district court.  District courts are courts not of record and are subordinate to the circuit courts.  District court judges are elected by the General Assembly for six-year terms.

General district courts hear cases involving misdemeanors, traffic infractions, and all civil cases involving $4,500 or less.  The general district court has concurrent jurisdiction with the circuit court in claims involving more than $4,500 and up to $25,000.  Cases are heard by a judge without a jury.  General district courts also conduct preliminary hearings for individuals charged with a felony. 

Juvenile and domestic relations district courts hear cases involving child abuse and neglect, delinquency, crimes by one family or household member against another, and civil cases involving families in general, including protective orders, custody, visitation, and support.  Juvenile and domestic relations district courts differ from other courts in their duty to protect the confidentiality and privacy of juveniles and their families who have legal matters before the court.