Virginia. Supreme Court. Office of the Clerk.

The Supreme Court of Appeals of Virginia was created by an act of the new General Assembly in 1779. Its jurisdiction was primarily appellate, and its members were elected by the legislature. The Constitution of 1870 required that annual sessions be held away from Richmond in the localities of Wytheville, Staunton, and Winchester. This mandate from the days of horse and buggy travel continued into the twentieth century, with sessions being held in Staunton as late as September, 1970.

By Constitutional amendment in 1928, the number of justices was increased from five to seven and the title of the presiding officer of the Court was changed from President to Chief Justice. At the same time, the amendment significantly increased the power given the Supreme Court by permitting the Court to prescribe forms and to regulate the practice of Virginia's courts. The Constitution of 1971 changed the name of the Court to its present title of Supreme Court of Virginia.

Although the Supreme Court of Virginia possesses both original and appellate jurisdiction, its primary function is to review decisions of lower courts, including the Court of Appeals, from which appeals have been allowed. Virginia does not allow an appeal to the Supreme Court as a matter of right except in cases involving the State Corporation Commission, certain disciplinary actions against 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 a public official to stop an action), and actual innocence (based on biological testing). The Supreme Court also has original jurisdiction in matters filed by the Judicial Inquiry and Review Commission relating to judicial censure and retirement, and removal of judges.

The Supreme Court of Virginia Clerk's Office receives, processes, and maintains permanent records of all appeals and other official documents filed with the Court. The Clerk also maintains records of qualified attorneys and other administrative records.

Maury B. Watts was appointed Clerk in 1933 and served until his death in 1952. Howard G. Turner served from 1952 to 1977, Allen L. Lucy from 1977 to 1984, and David B. Beach from 1984 to 2003. Patricia Harrington was appointed in 2003.

The Special Court of Appeals was established by the General Assembly to relieve congestion of the high court docket by adjudicating cases assigned to it by the state Supreme Court. It met from 1924 to 1928.

The Judicial Council was established by the General Assembly in 1928. It was relatively inactive between 1936 and 1947, when Chief Justice Hudgins revitalized it.

From the guide to the Clerk's Correspondence and other Records, 1918-2006, (Supreme Court of Virginia Archives, Virginia State Law Library)

The Supreme Court of Appeals of Virginia was created by an act of the new General Assembly in 1779. Although the Supreme Court of Virginia possesses both original and appellate jurisdiction, its primary function is to review decisions of lower courts, including the Court of Appeals, from which appeals have been allowed.

Section 49-1 of the Code of Virginia requires justices to take an oath as on officer of the Commonwealth. Pursuant to Section 49-3 of the Code of Virginia, justices may be sworn in by a judge, clerk, or deputy clerk of a court of record; a judge of a district court; the Secretary of the Commonwealth, or a State Corporation Commissioner. Justices are elected by the legislature to 12-year terms. Chief justices are elected by a majority vote of the other Supreme court justices and serve a four-year term.

The Supreme Court of Virginia Clerk's Office receives, processes, and maintains permanent records of all appeals and other official documents filed with the Court. The Clerk also maintains records of qualified attorneys and other administrative records.

From the guide to the Supreme Court of Virginia Oaths of Office, 1935-1985; 2007, (Supreme Court of Virginia Archives, Virginia State Law Library)

In 1895, the General Assembly enacted legislation transferring responsibility for examining prospective lawyers from the circuit court to the highest court in the state. The Supreme Court of Appeals of Virginia established rules that provided for a written examination to be held in Richmond, Staunton, and Wytheville at different times of year while the court was in session. The examinations were open to any applicant, provided he was at least 21 years old, a resident of Virginia for six months, and "able to produce a certificate of honest demeanor from his local circuit court." The new rules took effect July 1, 1896. Women were implicitly denied an opportunity to apply for membership in the bar. In 1894, a U.S. Supreme Court opinion upheld the Supreme Court of Virginia's ruling that the word "person" meant "man" in an 1887 statute regarding admission of foreign attorneys (LOCKWOOD, EX PARTE, 154 U.S. 116).

An act approved by the General Assembly March 14, 1910, established the Virginia Board of Bar Examiners and authorized it to license lawyers and determine the qualifications of applicants who wished to take the bar examination. The Board served under the auspices of the Supreme Court of Appeals.

Source: J. Gordon Hylton, "The Written Bar Examination and the Development of the Modern Legal Profession in Virginia," Richmond Law, Summer 1991 Vol. 4, No. 2, p. 6.

From the guide to the Requests for Certification to take the Written Bar Exam, 1897-1929 (bulk 1897-1909), (Supreme Court of Virginia Archives, Virginia State Law Library)