17.1-901 - Commission created; membership and terms of office. - Virginia Statutes

§ 17.1-901. Commission created; membership and terms of office.

There is created a Judicial Inquiry and Review Commission in the judiciarybranch of government, composed of seven persons who shall be citizens andresidents of the Commonwealth. The members of the Commission shall be chosenby the vote of a majority of the members elected to each house of the GeneralAssembly. The Commission shall elect a chairman and vice-chairman annuallyfrom its membership.

The Commission shall consist of three judicial members, who shall be (i) oneactive judge of a circuit court, (ii) one active judge of a general districtcourt and (iii) one active judge of a juvenile and domestic relationsdistrict court; two lawyer members, who shall be active members of theVirginia State Bar who are not judges and who have practiced law in theCommonwealth for 15 or more years immediately preceding their appointment;and two public members who shall not be active or retired judges and shallnever have been licensed lawyers.

After the initial appointments, the term of office of each member shall befour years commencing on July 1. No member of the Commission shall beeligible to serve more than two consecutive terms. The remainder of any termto which a member is appointed to fill a vacancy shall not constitute a termin determining the member's eligibility for reappointment.

Commission membership terminates whenever a member resigns or ceases topossess the qualifications that made him eligible for appointment. During anyvacancy, which may exist while the General Assembly is not in session, theGovernor may appoint a successor to serve until 30 days after thecommencement of the next session of the General Assembly. Upon election of asuccessor by the General Assembly, the new member of the Commission shallserve for the remainder of the term of office of his predecessor.

Any member of the Commission who is the subject of an investigation orhearing by it or is otherwise personally involved therein shall bedisqualified by the Commission from acting in such proceedings. In such acase the Governor shall appoint a person possessing the originalqualifications of such member as prescribed by this section to servetemporarily as a substitute member of the Commission in such proceedings.

(1971, Ex. Sess., c. 154, § 2.1-37.3; 1978, c. 452; 2001, c. 844; 2004, c.1000.)