Sundays excepted, and if the General Assembly is still in session,
the bill automatically becomes a law.
(4) He may do nothing about the bill; after ten days have passed,
if the General Assembly has adjourned in the meantime, making it
impossible to return the bill, the bill does not become a law. Such
procedure is called a "pocket veto."
* * * * *
With such a wide range of power, the tremendous responsibility
and authority which the Governor of Virginia possesses is readily
apparent.
The second highest ranking state executive is the
Lieutenant-Governor. He is elected to office by the qualified
voters at the same time as the Governor for the same four-year
term of office. His qualifications and election procedure are
identical to those of the Governor. In case the Governor of the
state dies, fails to qualify, resigns, is removed from the State
or is unable to discharge the powers and duties of his office,
the Lieutenant-Governor then assumes the Governorship with its
duties, powers and compensation. Normally, the chief duty of the
Lieutenant-Governor is to act as permanent chairman of the State
Senate. While presiding over same, he is called the President of
the Senate. In such capacity, he has no vote except in case of a
tie. His salary consists of $1260 for each biennial session of the
legislature plus $3,000 per year for traveling expenses. Hence, he
receives the same salary as the Speaker of the House of Delegates.
Two major administrative officials appointed by the Governor and
subject to the approval of the General Assembly are the Secretary
of the Commonwealth and the State Treasurer. Their terms of office
are coincident with the Governor who appoints them. The Secretary
of the Commonwealth acts as the official secretary to the Governor
and is the head of the Division of Records where all records of
the official acts of the Governor are kept. The Secretary of the
Commonwealth is also the custodian of the official State Seal and
is responsible for affixing same to all the official documents
signed by the Governor. The State Treasurer has custody of the funds
of the state in the payment of bills. He makes deposits of all
revenue belonging to the Commonwealth in certain specified banks
and withdraws such money by check only upon the State Comptroller's
warrant.
Another important state official is the Auditor of Public Accounts.
He is elected by the joint vote of both houses of the General
Assembly for a four-year term. His powers and duties include the
auditing of all accounts of each state department, institution and
agency, and he acts as chief auditor and accountant of the Auditing
Committee of the General Assembly. In addition, he is responsible
for exposing unauthorized, illegal or unwise handling of state funds
to the Governor, the Auditing Committee of the General Assembly and
the Comptroller. He is also required by law to audit all city and
county officials' accounts unless such accounts are audited annually
by a certified public accountant according to the State Auditor's
instructions.
All state officials who collect, keep in custody, handle or disburse
public funds must give bond for the faithful performance of these
duties. The amount of the bond varies with the amount of revenue
involved in carrying out such duties.
Any individual who is appointed to any office by the Governor
which requires confirmation by the General Assembly and who does
not receive such necessary confirmation cannot start or continue
in office and is ineligible for reappointment during the recess
of the General Assembly to fill a vacancy caused by such refused
confirmation.
To assist the Governor in carrying out his executive duties,
numerous departments and agencies have been established by the
Constitution or by legislative act. Most of the department names
suggest the particular type of work for which each is responsible:
the Department of Military Affairs, the Department of Law including
the Division of Motion Picture Censorship and the Division of War
Veterans' Claims, the Department of Accounts, the Department of
Purchases and Supply, the Department of the Treasury, the Department
of Taxation, the Department of State Police, the Division of
Motor Vehicles, the Department of Corporations, the Department of
Alcoholic Beverage Control, the Department of Labor and Industry,
the Department of Agriculture and Immigration, the Department of
Workmen's Compensation, the Department of Conservation and Economic
Development, the Department of Education, the Department of
Highways, the Department of Health, the Department of Welfare and
Institutions, the Department of Mental Hygiene and the Department
of Professional and Occupational Registration. The Division of
Personnel, the Division of the Budget, the Division of Records and
the Office of Civilian Defense are all located in the Governor's
Office. Additional specialized commissions such as the Advisory
Council on Virginia Economy, the Art Commission, the Safety Codes
Commission, the State Library Board, the State Water Control
Board, the Commission on Constitutional Government, the Potomac
River Basin Commission and the Commission on Interstate Cooperation
also participate actively in the carrying out of the financial,
law enforcing, service rendering, conservation, preservation, and
regulation functions of the executive department of the Commonwealth.
The Judicial Department--Article VI concerns the Judiciary
Department whose chief purpose is to interpret the laws properly.
The State Constitution in Virginia provides for a Supreme Court of
Appeals, Circuit Courts, City Courts and other inferior courts. The
jurisdiction of these courts is regulated by law with the exception
of jurisdiction granted specifically by the State Constitution
itself. The General Assembly authorizes by law the appointment of
judges pro tempore by the Governor.
The highest State Court is the Supreme Court of Appeals, located in
Richmond. It consists of seven members: one Chief Justice and six
associate justices. The Chief Justice is always the Senior Justice
in years of continuous service; in case the total years of service
are equaled by two or more justices, seniority is then determined by
age. The term of office of the justice is twelve years, and they are
elected by a joint vote of the Senate and the House of Delegates.
Their sole constitutional qualification is that they must have held
a "judicial station" in the United States or have practiced law in
Virginia or some other state for five years previously. The annual
salary of a justice of the Court of Appeals is $15,500 with the
Chief Justice receiving an additional $4,500 or a salary of $20,000.
When meeting in court session, the members of the Supreme Court
of Appeals may sit as an entire group or may sit in two divisions
consisting of not less than three justices each. By sitting in two
such divisions, it is possible to hear more cases at a rapid pace.
Whenever convening in this manner, each division has the full power
and authority on the determination of causes, in the issuing of
writs, and in the exercise of all powers authorized by the State
Constitution for the Supreme Court of Appeals or provided by law.
Each division is subject, however, to the general control of the
Supreme Court of Appeals and is subject to any rules and regulations
which this court may make. Likewise, the decision of either division
does not become the judgment of the Supreme Court of Appeals unless
concurred in by at least three judges. Any case which involves a
construction of the State Constitution or of the Constitution of the
United States must be decided upon by the Supreme Court of Appeals
in toto and, furthermore, the assent of at least four of the judges
is necessary for the court to determine that any law is or is not
contrary to the State Constitution or the Constitution of the United
States. If, in such a case, it is impossible for more than three of
the judges to agree on the constitutional questions involved and
if the case cannot be determined without passing on such questions,
the case must be reheard by a full court. Whenever the judges within
either division differ as to the judgment to be rendered in any
cause, or whenever any judge of either division within a time and in
a manner fixed by the court rules certifies that in his opinion any
decision of any division of the court is in conflict with a prior
decision of the court, the cause must be considered and adjudged
(decreed) by the full court or at least a quorum of the full court.
There are two types of court jurisdiction: original and appellate.
Original jurisdiction exists whenever a court has the legal right
to hear a case for the first time. Appellate jurisdiction exists
whenever a court is hearing a case which is being appealed or
brought to it from a lower court. The Virginia Supreme Court of
Appeals has original jurisdiction in cases of habeas corpus,
mandamus and prohibition. Habeas corpus is a court order which
commands a person having another individual in custody to bring
before the court the individual detained for the purpose of
determining the legality of detention. A mandamus is a court
order directed to subordinate courts, corporations, or the like,
commanding them to do something therein specified. A prohibition is
a writ or court order which legally restrains someone from doing
some particular action. In all other cases in which the Supreme
Court of Appeals has jurisdiction, it has appellate jurisdiction
only. The General Assembly has the power to provide, from time to
time, for a Special Court of Appeals whose chief purpose is to
assist the Supreme Court of Appeals.
Whenever a judgment or decree is reversed, modified or affirmed
by the Supreme Court of Appeals, the court must state in writing
the reasons for same and must keep such record on file with the
case. In criminal matters, the court may direct a new trial. If
the court believes that the accused should be discharged from
further prosecution, in such instance, it has the right to order
the case ended, thereby discharging such an individual from further
prosecution. This court has no power, however, to increase or
decrease the punishment of an accused person. In civil cases, the
court may enter a final judgment.
The courts which rank second highest in the Virginia judiciary are
the Circuit Courts. The General Assembly has the power to arrange
and re-arrange the judicial circuits of the state and to increase
or diminish their number. However, no new circuit can be created
containing less than forty thousand inhabitants according to the
most recent census nor if such creation would result in reducing the
number of inhabitants in any existing judicial circuit below forty
thousand. There are thirty-seven judicial circuits in Virginia.
The geographical composition of the circuit ranges from one county
or city to five counties and one city. Each circuit has one judge
chosen by the joint vote of both houses of the General Assembly
for a term of eight years. He must possess the same qualifications
when chosen as judges of the Supreme Court of Appeals and must live
in the circuit area where the circuit court is located while he
is in office. The number of sessions of the circuit courts to be
held for each county and city is prescribed by law and the judge of
one circuit may be required or authorized to hold court in another
circuit or city. Circuit courts usually have original and appellate
jurisdiction in (1) all civil cases involving twenty dollars or more
and (2) certain criminal cases.
Below the circuit courts in the court structure in Virginia are
the city Hustings or Corporation Courts. They are courts of record
also and have original jurisdiction except in cases of appeals from
justices. These courts have the sole power to appoint electoral
boards in cities where they are located. They have much concurrent
jurisdiction with the circuit courts. They are criminal courts
and can try cases of felonies committed within one mile of the
corporation limits. There are sixteen such courts: Corporation
Courts located in Alexandria, Bristol, Charlottesville, Danville,
Lynchburg, Newport News, Norfolk (2), South Norfolk, Staunton, and
Winchester; Hustings Courts located in Petersburg, Portsmouth,
Richmond (2) and Roanoke. These city court judges must live in the
city where the court is located.
The Virginia Constitution divides the cities of Virginia into two
classes as far as the judicial system is concerned: (1) cities
having a population of at least ten thousand according to the last
official census are called cities of the first class; (2) cities
having a population of less than ten thousand according to the last
official census are called cities of the second class. In each first
class city there may be a corporation court in addition to a circuit
court. In any city containing at least thirty thousand inhabitants,
the General Assembly may provide additional courts with the number
of judges it deems necessary for the public interest.
In a second class city, there may be a corporation or hustings
court. The circuit court of the county in which the city is situated
and the corporation or hustings court have concurrent jurisdiction
in actions at law and suits in equity unless otherwise provided
by law. Therefore, the General Assembly has the power to confer
exclusive original jurisdiction upon a corporation or hustings
court in all cases involving residents of any such city; this setup
is much more convenient to the residents who live a considerable
distance from the county seat. This type of court may be abolished
by a vote of a majority of the qualified voters of the particular
city in which the court is located at a special election held for
this purpose. Another method by which a court may cease to exist is
by having the office of judge of such a court whose annual salary
is less than eight hundred dollars become vacant and remain vacant
for ninety days consecutively. Automatic abolishment of such court
results. In each case in which such court is abolished, the city
immediately comes within the jurisdiction of the circuit court of
the county wherein it is geographically situated unless otherwise
provided for by law. The records of the abolished corporation or
city court immediately become records of the aforementioned circuit
court and are transferred accordingly.
For each city court of record there is a judge chosen for an
eight-year term by a joint vote of both houses of the General
Assembly. He must have the same qualifications as Supreme Court of
Appeals judges and must live within the jurisdiction of the court
over which he presides while he is in office. However, the judge of
a corporation court of any corporation having a city charter and
having less than ten thousand inhabitants may live outside the city
limits. Such an individual may be judge of such corporation court
and also judge of a corporation court of some other city having
less than ten thousand inhabitants. The judges of city courts may
be required or authorized to hold the circuit or city courts of any
county or city.
The General Assembly has the power also to establish courts of land
registration for the administration of any law it may adopt for the
purpose of the settlement, registration, transfer, or assurance of
titles to land in the State.
Judges are commissioned by the Governor of the State. Their salaries
and allowances are prescribed by law and cannot be diminished during
their term of office. Their term of office begins on the first day
of February succeeding their election by the General Assembly.
Whenever there is a judgeship vacancy, the successor is elected for
the unexpired term. The General Assembly also has the authority
to retire judges and to provide their compensation. The General
Assembly has the power to pass laws giving duties to retired judges
such as substitute judge work. The salaries of judges are paid out
of the State treasury but the State is reimbursed for one-half of
the salaries of each of the circuit judges by the counties and
cities composing the circuit, based upon their population and of
each of the judges of a city of the first class by the city in which
each judge presides. The one exception is the judge of the Circuit
Court of the city of Richmond whose entire salary is paid by the
State. A city may increase the salary of its circuit or city judges
if the city assumes the entire increase and guarantees that such
salary will not be diminished during the entire term of office. A
city which has less than ten thousand inhabitants pays the salary of
its city judge.
Judges may be removed from office in Virginia for cause by a
concurrent vote of both houses of the General Assembly. A majority
of all the members elected to each house must concur in such vote,
and the cause of removal must be entered on the journal of each
house. The judge against whom the General Assembly is about to
proceed for removal must have notice of same accompanied by a copy
of the alleged causes at least twenty days before the actual voting
takes place. Typically, no judge can practice law within or without
the State of Virginia nor hold any other office of public trust
while he is in office.
Writs (court orders) must be issued in the name of the "Commonwealth
of Virginia" and must be certified by the clerks of the various
courts. The Constitution requires that indictments (a formal charge
of crime presented by a grand jury) conclude "against the peace and
dignity of the Commonwealth."
The General Assembly provides for the appointment or the election of
justices of the peace and establishes their jurisdiction. Authority
of justices of the peace includes civil suits which involve limited
amounts. In addition, Virginia also has police justices, trial
justices, civil justices, civil and police justices, juvenile and
domestic relations courts and mayor's courts. Their jurisdiction is
usually limited, however, and appeals from them are heard by city
and circuit courts.
All cities and counties and many towns have local courts called
Magistrate Courts or Justice of the Peace Courts. Their jurisdiction
includes misdemeanors and civil cases involving small amounts of
money.
The Commonwealth also has two Law and Chancery Courts, one located
in Roanoke and one in Norfolk. Their jurisdiction includes the
probating of wills and the settling of estates. There is a special
Chancery Court located in Richmond which has complete charge of
wills to be probated and the settling of estates in that part of
"Richmond north of the south bank of the James River." There is also
a special Law and Equity Court located in Richmond.
The Juvenile and Domestic Relations Court, located in Norfolk, is
a special state court which has jurisdiction over cases involving
dependent, neglected and delinquent children and in cases involving
crimes--except manslaughter--against a family member.
[Illustration: _Virginia_]
The State Attorney-General is elected by the qualified voters of the
State at the same time and for the same term as the Governor and
Lieutenant-Governor of the State (a four-year term of office). He
must have the same qualifications as the Governor but he is eligible
for re-election. His chief duty is to serve as the attorney-at-law
for the State; he renders opinions concerning the interpretation and
application of laws upon the request of the Governor or of various
Department heads, he presents cases to the Supreme Court of Appeals
if the State's interest is involved and he represents the State of
Virginia before the Supreme Court of the United States. The numerous
problems arising in the carrying out of these responsibilities make
it desirable and necessary for him to have legal assistants who
may aid him in furnishing aid to local Commonwealth attorneys. The
State Attorney-General is subject to removal from office in the same
manner as judges. His present salary is $17,000 annually.
_Local Governmental Units_
The State Constitution not only establishes state government
organization, but it also includes rules concerning local
governmental units which are found in Article VII. Local charters
are granted by the General Assembly. The political level immediately
below the state government level is the county. Virginia is divided
into ninety-eight counties at the present time. The last original
county to be created is Dickenson County, formed in 1880. The
largest county in the state in area is Pittsylvania with 1,022
square miles and the smallest county in area is Arlington with 24
square miles. Fairfax County is currently the most populated county
in Virginia, surpassed in population only by the city of Norfolk.
Legally, a county is a corporation. Its main functions, in general,
are the preservation of order, the protection of life and property,
the establishment of public schools, the administration of justice,
the registration of legal documents, the maintenance of highways and
bridges outside the cities and the care of the poor and the criminal.
Counties of Virginia are divided into magisterial districts,
the number of districts varying from three to ten. Provision is
made in the state constitution that additional districts may be
made by law only if the new district contains at least 30 square
miles. Each district has one supervisor elected by the qualified
voters. Thus, the Board of Supervisors of the county consists of
one representative elected from each magisterial district in the
county with the exception of Arlington County where the Board of
Supervisors is elected at-large from the county. Therefore, the
number of members of each Board of Supervisors varies among the
counties. A chairman for this group is selected by the members
themselves. Their meetings are usually held once a month at the
Court House located at the County Seat. The Board of Supervisors
carries out various duties such as: (1) supervises county affairs,
(2) establishes and levies county taxes, (3) prepares the county
budget, (4) audits claims against the county, (5) erects and
maintains county buildings, (6) acts as a legislative and executive
body by issuing and carrying out ordinances on such subjects as
sanitation, health and police, (7) approves saluary scales for
county workers, (8) controls county property, (9) furnishes care for
the mentally and physically handicapped, and (10) borrows money.
There are five county officials of importance who are elected to
office by the qualified voters on the first Tuesday after the first
Monday in November and take office on January 1 following their
election. These officials are:
(1) Attorney for the Commonwealth--a lawyer who acts as a legal
adviser to the Board of Supervisors and to the county officials and
who acts as legal representative of the people of the county; he
also acts as prosecutor for all civil and criminal cases in which
the county is interested; he is elected by the qualified voters for
a four-year term.
(2) County Clerk--an officer who serves as a clerk to the County
Board of Supervisors and to the County Circuit Court; as the main
county recording official, he records all types of county documents
(such as deeds, wills, judgments, mortgages, births, divorces,
deaths, elections, court trials and marriages); attends meetings of
the Board of Supervisors and has custody of property records; he is
elected by the qualified voters for an eight-year term.
(3) Commissioner of the Revenue--an official who assesses property
values for taxation purposes, assesses State personal income taxes,
prepares personal property tax books and land books and assesses and
collects all professional and business licenses; he is elected by
the qualified voters for a four-year term.