§ 17.1-912. Physical or mental examination
A. Whenever the Commission has probable cause to believe a judge is unable to perform his duties as a judge because of excessive use of alcohol or drugs or physical or mental illness, the Commission, after preliminary investigation by informal conference, may direct that the judge submit to a mental or physical examination by a […]
§ 17.1-900. Definitions and application of chapter
As used in this chapter, unless the context requires a different meaning: “Commission” means the Judicial Inquiry and Review Commission provided for in Article VI, Section 10 of the Constitution of Virginia. “Judge” means a justice of the Supreme Court, judge of the Court of Appeals, judge of a circuit or district court, member of […]
§ 17.1-901. Commission created; membership and terms of office
There is created a Judicial Inquiry and Review Commission in the judiciary branch of government, composed of seven persons who shall be citizens and residents of the Commonwealth. The members of the Commission shall be chosen by the vote of a majority of the members elected to each house of the General Assembly. The Commission […]
§ 17.1-902. Powers and duties of Commission generally
The Commission is vested with the power, and it shall be its duty, to investigate charges arising out of the present or any prior term of office which would be the basis for retirement, censure, or removal of a judge under Article VI, Section 10 of the Constitution of Virginia and the provisions of this […]
§ 17.1-903. Officers and employees; experts and reporters; witnesses; legal counsel
The Commission may (i) employ such officers, assistants, and other employees it deems necessary for the performance of its duties; (ii) arrange for and compensate medical and other experts and reporters; (iii) arrange for attendance of witnesses, including witnesses not subject to subpoena; and (iv) pay from funds available to it all expenses reasonably necessary […]
§ 17.1-904. Compensation and expenses
Members of the Commission shall receive compensation for their services and shall be allowed all reasonable and necessary expenses incurred in the performance of their duties as provided in §§ 2.2-2813 and 2.2-2825. The compensation and expenses of members and all other necessary expenses of the Commission shall be provided from existing appropriations to the […]
§ 17.1-805. Adoption of initial discretionary sentencing guideline midpoints
A. The Commission shall adopt an initial set of discretionary felony sentencing guidelines which shall become effective on January 1, 1995. The initial recommended sentencing range for each felony offense shall be determined first, by computing the actual time-served distribution for similarly situated offenders, in terms of their conviction offense and prior criminal history, released […]
§ 17.1-805.1. (Effective July 1, 2023) Discretionary sentencing guideline midpoints for certain defendants
The Commission shall adopt discretionary felony sentencing guidelines that may increase the midpoint of the recommended sentencing range based on the defendant’s record of convictions for violent felony offenses, as defined in subsection C of § 17.1-805. For guidelines that become effective on or after July 1, 2022, the Commission may increase the midpoint of […]
§ 17.1-806. Sentencing guidelines modifications; effective date
After adoption of the initial guidelines, any modification to the discretionary sentencing guidelines adopted by the Commission shall be contained in the annual report required under § 17.1-803 and shall, unless otherwise provided by law, become effective on the next following July 1. 1994, 2nd Sp. Sess., cc. 1, 2, § 17-238; 1998, c. 872.
§ 17.1-803. Powers and duties
The Commission shall: 1. Develop, maintain and modify as may be deemed necessary, a proposed system of statewide discretionary sentencing guidelines for use in all felony cases which will take into account historical data, when available, concerning time actually served for various felony offenses committed prior to January 1, 1995, and sentences imposed for various […]