Judiciary of Virginia

It primarily hears appeals from the trial-level city and county Virginia Circuit Courts.

Virginia does not allow an appeal to the Supreme Court as a matter of right except in cases involving the State Corporation Commission, attorney disciplinary actions including the disbarment of an attorney, and review of the death penalty.

The court's original jurisdiction is limited to 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 an action stopped in a lower court), and writs of actual innocence pursuant to Virginia's Code § 19.2–327.2.

It also has original jurisdiction for challenges to decisions of the State Corporation Commission pursuant to Article IX of the Constitution of Virginia[1].

In addition, the Court of Appeals has original jurisdiction to issue a writ of actual innocence upon petition of a person who has been convicted of a felony upon a plea of not guilty.

In civil cases, they are only empowered to award legal damages, and generally cannot provide remedies in equity, such as injunctions or declaratory judgments.

The Judicial Council of Virginia is charged with the responsibility of making a continuous study of the organization, rules, and methods of procedure and practice of the judiciary.

The seven justices of the Supreme Court are elected by a majority vote of both houses of the General Assembly for a term of twelve years.

The seventeen Court of Appeals judges are elected by a majority vote of each house of the General Assembly for eight-year terms with interim appointments made by the Governor.

The judges of the Circuit Courts are elected by a majority vote of each house of the General Assembly for eight-year terms with interim appointments made by the Governor.

The judges of the District Courts are elected by a majority vote of each house of the General Assembly for terms of six years, and interim vacancy appointments when the General Assembly is not in session are made by the Circuit Court of the corresponding circuit.

Special justices are judicial officers with authority to issue civil mental health commitment orders, in Virginia district courts.

The common law of Virginia permits private attorneys to participate with the government in the prosecution of criminal cases.