Intro to Virginias Judicial System OFFICE OF THE

Intro to Virginia’s Judicial System OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

INTRO TO VIRGINIA’S JUDICIAL SYSTEM Subhead Lesson goal To provide an introductory overview of how Virginia’s courts are organized and operate. Subhead OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

INTRO TO VIRGINIA’S JUDICIAL SYSTEM Subhead Students will learn: • • How courts are organized in Virginia What the different courts do How cases are brought to and heard in local courts How judges are appointed in Virginia Subhead OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

INTRO TO VIRGINIA’S JUDICIAL SYSTEM Subhead Rule of law “Rule of law” means everyone must respect and obey the law Subhead OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

INTRO TO VIRGINIA’S JUDICIAL SYSTEM Subhead Levels of courts in Virginia Subhead OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

INTRO TO VIRGINIA’S JUDICIAL SYSTEM Subhead Supreme Court of Virginia • There is one Chief Justice and six Supreme Court Justices. • The Supreme Court reviews decisions of the Court of Appeals. Subhead OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

INTRO TO VIRGINIA’S JUDICIAL SYSTEM Subhead Court of Appeals • There are 11 judges on the Virginia Court of Appeals. • This court hears appeals from Circuit Courts and cases arising from Subhead some state agencies. OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

INTRO TO VIRGINIA’S JUDICIAL SYSTEM Subhead Circuit Courts Thirty-one Circuit Courts hear criminal cases involving serious offenses, civil action involving large monetary claims, and appeals from the District Courts. Subhead OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

INTRO TO VIRGINIA’S JUDICIAL SYSTEM Subhead District Courts are organized into 32 districts Subhead OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

INTRO TO VIRGINIA’S JUDICIAL SYSTEM Subhead What courts do Supreme Court of Virginia • The primary function of the Supreme Court of Virginia is to review decisions of lower courts. Virginia Court of Appeals Subhead • The Court of Appeals of Virginia provides for review of decisions of the Circuit Courts. • Eleven judges serve on the state Court of Appeals. OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

INTRO TO VIRGINIA’S JUDICIAL SYSTEM Subhead What Circuit Courts do Circuit Courts have jurisdiction over some civil cases, some criminal cases, and appeals from lower courts. The criminal cases heard in Circuit Courts include: • All felonies, and offenses that may be punished by commitment to the state prison • Misdemeanor charges originating from a grand jury Subhead indictment • Felony offenses • Circuit Courts also hear appeals from the General District Court or J&DR District Court. • Decisions of the Circuit Court may be appealed to the Virginia Court of Appeals. OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

INTRO TO VIRGINIA’S JUDICIAL SYSTEM Subhead Grand juries The Circuit Court judge can also convene a grand jury. Grand juries serve two purposes: • First, to consider indictments prepared by the Commonwealth’s Attorney. The grand jury determines Subhead whethere is probable cause to believe that a person accused has committed a crime as charged and should stand trial. OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

INTRO TO VIRGINIA’S JUDICIAL SYSTEM Subhead Grand juries, cont. • Second, to investigate and report on any condition which involves or tends to promote criminal activity, either in the community or by any governmental authority, agency, or official. The grand jury has subpoena powers and may summon persons, Subhead documents, or records needed in its investigation. The grand jury hears only the Commonwealth’s side of the case and does not determine the guilt or innocence of the accused. OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

INTRO TO VIRGINIA’S JUDICIAL SYSTEM Subhead Grand juries, cont. A regular grand jury is composed of five to seven citizens of the city or county in which the Circuit Court is located. Members of the grand jury must • Be citizens of Virginia at least 18 years of age. • Have been residents Subhead of the state for at least one year. • Have been residents of the county or city in which they are to serve for at least six months. OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

INTRO TO VIRGINIA’S JUDICIAL SYSTEM Subhead General District Courts A General District Court decides all criminal offenses involving ordinances, laws, and by-laws of the county or city in which it is located, and all misdemeanors under state law. A misdemeanor is any charge which carries a penalty of no more than one year in jail or a fine of up to $2, 500, or both. • General District Courts hear criminal cases, civil cases, and traffic cases. Subhead • General District Courts do not conduct jury trials; cases are heard by a judge. • General District Courts also decide civil and traffic cases. • Decisions in a General District Court may be appealed to the Circuit Court. OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

INTRO TO VIRGINIA’S JUDICIAL SYSTEM Subhead Magistrates Many cases that are heard in General District Courts come through magistrates. • The main job of the magistrate is to provide an independent, unbiased review of complaints brought to Subhead the office by police officers, sheriffs, deputies, and citizens and determine whethere is probable cause for a warrant or summons to be issued. (“Probable cause” is a reasonable belief based on facts that would cause a reasonable person to feel that the accused committed the offense. ) OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

INTRO TO VIRGINIA’S JUDICIAL SYSTEM Subhead Magistrates • Magistrates can also issue arrest warrants, summonses, bonds, search warrants, subpoenas, and civil warrants. • Another important duty is to conduct bond hearings to set bail. Subhead • A magistrate may also accept prepayments for traffic infractions and minor misdemeanors. OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

INTRO TO VIRGINIA’S JUDICIAL SYSTEM Subhead Juvenile & Domestic Relations District Court The court that hears cases involving juveniles, defined in Virginia law as anyone under 18 years of age. • J & DR District Courts differ from other courts. The welfare of the juvenile and the family, the safety of the community, and the protection Subhead of the rights of victims are the highest concern in the court’s proceedings. • This court does not, however, conduct jury trials. All cases are heard by a judge. • Decisions in a J & DR Court may be appealed to the Circuit Court. OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

INTRO TO VIRGINIA’S JUDICIAL SYSTEM Subhead J & DR Court, cont. • A juvenile is any person under 18 years of age. • A delinquent is a juvenile who has committed an act which would be a crime if committed by an adult. • A status offender is a juvenile who has committed certain actions – such as a curfew violation Subhead – which, if committed by an adult, would not be considered criminal offenses. • A Child in Need of Supervision is one who engages in truancy or habitually runs away from home. • A Child in Need of Services is a child whose behavior, conduct, or condition poses a risk of harm to him/herself or to another person. OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

INTRO TO VIRGINIA’S JUDICIAL SYSTEM Subhead J & DR Intake Officers • Many cases that are heard in J & DR District Courts come through juvenile intake officers. • Intake officers receive and review complaints and determine whethere are enough facts to involve the court. • They are authorized to handle cases informally or may Subhead authorize filing a petition to bring the matter before the judge. • They are also authorized to detain juveniles when necessary. • Intake officers do not handle criminal charges against adults that come into the juvenile court; these go through the magistrate. OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

INTRO TO VIRGINIA’S JUDICIAL SYSTEM Subhead Appointment of judges • Judges in Virginia are elected by a majority vote of each chamber of the General Assembly. • Virginia’s Circuit Court judges are elected for eight-year terms. Subhead • The 11 Court of Appeals judges are elected and receive interim appointments in the same manner as the Circuit Court judges. They serve a term of eight years OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

INTRO TO VIRGINIA’S JUDICIAL SYSTEM Subhead Appointment of judges, cont. • The Supreme Court of Virginia is made up of seven justices elected by a majority vote of each chamber of the General Assembly for a term of 12 years. • Other judges are elected for six-years terms. Subhead OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

INTRO TO VIRGINIA’S JUDICIAL SYSTEM Subhead Review activity Where Does This Case Go? Activity Handout Subhead OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

INTRO TO VIRGINIA’S JUDICIAL SYSTEM Subhead Review activity, cont. Subhead OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

INTRO TO VIRGINIA’S JUDICIAL SYSTEM Subhead Review and recap The highest court is the Supreme Court of Virginia, which hears appeals from lower courts and handles matters related to the overall operation of Virginia’s judicial system. Next is the Court of Appeals. Subhead where 11 judges hear appeals from Circuit Courts. Cases are heard before panels of at least three judges, and hearings are held at locations designated by the chief judge to provide convenient access to the various geographic areas of the Commonwealth. OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

INTRO TO VIRGINIA’S JUDICIAL SYSTEM Subhead Review and recap, cont. Next are Circuit Courts, organized into 31 circuits. Circuit Courts hear criminal cases involving serious offenses, civil action involving large monetary claims, and appeals from the District Courts. Last are District Courts. There are two types, General and Subhead Juvenile and Domestic (J & DR or Juvenile), organized into 32 districts. District Courts hear less serious criminal cases, traffic cases, and civil action involving smaller monetary claims. J & DR District Courts have authority in matters related to juveniles and to families. In District Courts there are no juries; cases are heard by judges. OFFICE OF THE ATTORNEY GENERAL • COMMONWEALTH OF VIRGINIA

OFFICE OF THE ATTORNEY GENERAL COMMONWEALTH OF VIRGINIA • WWW. AG. VIRGINIA. GOV For more information about Virginia laws that affect teens, visit www. virginiarules. org © Office of the Attorney General of the Commonwealth of Virginia