2009 Session

Budget Amendments - SB850 (Committee Approved)

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CB: Clerks' Emergency Scheduling Authorization (language only)

Item 74 #7s

Item 74 #7s

Compensation Board

Page 66, after line 15 insert:
“O. If the Clerk determines that sufficient funds for staff support are not available to meet the deadlines imposed upon his office by the Code of Virginia, the Clerk may petition the chief judge of the Circuit Court for relief from such deadlines.  The Court, after reviewing such petition, may grant such relief as it finds necessary, not withstanding any provision of the Code of Virginia.  In granting such petition, the Court shall ensure that deadlines affecting public safety and the operation of the criminal justice system are not compromised.  This action constitutes an emergency authorization to insure that Clerk’s offices are able to meet those requirements of office critical to protecting public safety and the operation of the criminal justice system when sufficient funds are not available to meet all the requirements of office. It is the intent of the General Assembly that the budget proposal submitted by the Governor for the 2010-1012 biennium provide sufficient general funds to reverse this action.”

(This amendment allows the Clerk of the Circuit Court to petition the chief judge for relief from statutory deadlines in cases where insufficient staff are available due to budget reductions.)