Virginia’s Court of Appeals is expanding by six seats and filling a seventh seat left vacant. 46 people have applied for the positions, triggering delays to meet a July 1 deadline. Still, the General Assembly is expected to fill the seats this summer at a yet-to-be-scheduled special session.
In the first 2021 General Assembly special session, legislators passed SB 1261, adding the six seats to the court.
A bill to add six judges to the Virginia Court of Appeals passed the Senate 21 to 18 on Friday. The bill would also create a right to appeal, something that every other state already has, but that advocates say is currently impossible due to the court’s manpower shortage. The court has just 11 judges, while states with similar populations often have more. However, Republicans oppose the bill because judges would be elected in the Democrat-controlled General Assembly.
SB 1261 sponsor State Senator John Edwards (D-Roanoke) said in committee on January 25 that Virginia’s current system gives no automatic right of appeal in any Virginia court.