Court of Appeals of Virginia
US state appeals court
From Wikipedia, the free encyclopedia
The Court of Appeals of Virginia, established January 1, 1985, is an intermediate appellate court of 17 judges that hears appeals from decisions of Virginia's circuit courts and the Virginia Workers' Compensation Commission. The Court sits in panels of at least three judges, and sometimes hears cases en banc. Appeals from the Court of Appeals go to the Supreme Court of Virginia.
| Court of Appeals of Virginia | |
|---|---|
| |
 Interactive map of Court of Appeals of Virginia | |
| Established | 1985 |
| Location | Virginia |
| Composition method | Legislative election |
| Authorised by | Va. Code § 17.1–400 |
| Appeals to | Supreme Court of Virginia |
| Judge term length | 8 years |
| Number of positions | 17 |
| Website | Court of Appeals |
| Chief Judge | |
| Currently | Marla Graff Decker |
| Since | 2019 |
| Lead position ends | - |
History
A 1971 Virginia Court System Study Commission stated the need for a unified court system to handle appeals.[1] The Court of Appeals of Virginia was established on January 1, 1985, as an intermediate court of limited appellate jurisdiction, initially with ten judges, with an eleventh judge added in 2000.[2]
In March 2021, legislation was passed to expand the jurisdiction and composition of the Court from 11 judges to 17 judges, coming into effect July 1, 2021.[3][2]
Judges
Jurisdiction
Reforms effective January 2022
As part of a comprehensive reform bill passed by the Virginia General Assembly and signed into law in March 2021, the jurisdiction of the Court of Appeals expanded on January 1, 2022, as follows:
- Litigants can now appeal as of right a lower court's decision in civil cases, and the Supreme Court of Virginia will retain the power to select which appeals it hears.
- Criminal defendants can now appeal as of right a lower court's decision in criminal cases, but the Commonwealth will still need to petition the Court of Appeals if it wishes to appeal a decision in a criminal case.
- The Court of Appeals now has jurisdiction to hear interlocutory appeals and petitions for review of injunctions.[4]
An appeal filed with the Supreme Court of Virginia before January 1, 2022, remains under its jurisdiction.[4]
Procedure
Since January 1, 2022, when the court's jurisdiction expanded, most appeals are initiated by filing a timely notice of appeal in the tribunal whose order is being appealed and a copy with the clerk of the Court of Appeals.[4]
Decisions are issued by the Court of Appeals by written opinion or order.[5]
Current composition
As of January 1, 2025:
Active
| Name[6] | Born | Start | Term ends[7] | Mandatory retirement | Law school |
|---|---|---|---|---|---|
| Marla Graff Decker, Chief Judge | May 31, 1958 | November 1, 2013 | January 31, 2030 | February 3, 2032 | Richmond |
| Randy Beales | February 10, 1960 | April 16, 2006 | April 16, 2030 | January 31, 2034 | Virginia |
| Mary O'Brien | October 28, 1958 | February 1, 2015 | January 31, 2031 | February 3, 2032 | Washington and Lee |
| Richard AtLee | September 15, 1971 | February 1, 2015 | January 31, 2031 | January 31, 2045 | William and Mary |
| Mary Malveaux | September 2, 1967 | April 16, 2016 | April 15, 2032 | January 29, 2041 | Richmond |
| Clay Athey | September 1, 1960 | September 1, 2019 | August 31, 2027 | January 31, 2034 | Dayton |
| Daniel Ortiz | May 19, 1977 | September 1, 2021 | August 31, 2029 | January 31, 2051 | GWU |
| Doris Causey | 1970 (age 55–56) | September 1, 2021 | August 31, 2029 | February 2, 2044 | TSU |
| Frank Friedman | December 4, 1958 | September 1, 2021 | August 31, 2029 | February 3, 2032 | Vanderbilt |
| Vernida Chaney | 1978 (age 47–48) | September 1, 2021 | August 31, 2029 | January 30, 2052 | Howard |
| Stuart Raphael | September 29, 1964 | September 1, 2021 | August 31, 2029 | February 2, 2038 | Virginia |
| Lisa Lorish | 1980 (age 45–46) | September 1, 2021 | August 31, 2029 | February 3, 2054 | Virginia |
| Dominique Callins | March 11, 1979 | November 1, 2021 | October 31, 2029 | January 28, 2053 | William and Mary |
| Kimberly White | July 18, 1963 | July 1, 2022 | June 30, 2030 | February 3, 2037 | Mercer |
| Steven C. Frucci | February 2, 1966 | March 16, 2024 | March 15, 2032 | January 31, 2040 | UNC |
| David Bernhard | 1962 (age 63–64) | January 1, 2025 | December 31, 2032 | January 29, 2036 | Wash U |
| Kevin Duffan | 1979 (age 46–47) | January 1, 2026 | December 31, 2033 | January 28, 2053 | William and Mary |
Senior
Chief judges
| Judge | Chief |
|---|---|
| E. Ballard Baker | 1985 |
| Lawrence L. Koontz, Jr. | 1985–1993 |
| Norman K. Moon | 1993–1997 |
| Johanna L. Fitzpatrick | 1997–2006[12] |
| Walter S. Felton, Jr. | 2006–2014 |
| Glen A. Huff | 2015–2019[13] |
| Marla Graff Decker | 2019–[14] |