(3) He may do nothing about the bill; after five days have passed,

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.

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