Authority: Discretionary Inclusion.

A.1. Notwithstanding the provisions of §§ 16.1-69.6:1 or 17.1-507, Code of Virginia, the total number of authorized judges in any judicial district or circuit shall be reduced by a number equal to the number of judges retiring, dying or resigning from that district or circuit for any authorized judgeship which was vacant or became vacant on or after February 15, 2010, and before July 1, 2010, effective upon the resignation, death or retirement date of each such judge.

2. Furthermore, notwithstanding the provisions of §§ 16.1-69.6:1 or 17.1-507, Code of Virginia, the total number of authorized judges in any judicial district or circuit shall be reduced by a number equal to the number of judges retiring, dying or resigning from that district or circuit on or after July 1, 2010, and on or before June 30, 2014, effective upon the resignation, death or retirement date of each such judge.

3. Effective July 1, 2011, the provisions of this Item shall not apply to any authorized circuit court judgeship in the Second Judicial Circuit in which the retiring incumbent judge was a resident of Northampton or Accomack County.

4. Effective July 1, 2011, the provisions of this Item shall not apply to any authorized circuit court judgeship in the Second Judicial Circuit in which the retiring incumbent judge was a resident of the City of Virginia Beach and retired prior to July 1, 2010.

5. Effective July 1, 2011, the provisions of this Item shall not apply to any authorized circuit court judgeship in the Fifth Judicial Circuit in which the retiring incumbent judge retired prior to July 1, 2011.

6. Effective July 1, 2011, the provisions of this Item shall not apply to any authorized circuit court judgeship in the Sixth Judicial Circuit.

7. Effective July 1, 2011, the provisions of this item shall not apply to any authorized circuit court judgeship in the Ninth Judicial Circuit in which the judgeship became vacant prior to July 1, 2010.

8. Effective July 1, 2011, the provisions of this Item shall not apply to any authorized circuit court judgeship in the Tenth Judicial Circuit in which the retiring incumbent judge retired after January 1, 2011, but prior to July 1, 2011.

9. Effective July 1, 2011, the provisions of this Item shall not apply to any authorized circuit court judgeship in the Eleventh Judicial Circuit in which the retiring incumbent judge retired after January 1, 2010, but prior to July 1, 2010.

10. Effective July 1, 2011, the provisions of this Item shall not apply to any authorized circuit court judgeship in the Fourteenth Judicial Circuit in which the retiring incumbent judge retired after January 1, 2011, but prior to July 1, 2011.

11. Effective July 1, 2011, the provisions of this Item shall not apply to any authorized circuit court judgeship in the Fifteenth Judicial Circuit in which the retiring incumbent judge retired prior to July 1, 2011.

12. Effective July 1, 2011, the provisions of this Item shall not apply to any authorized circuit court judgeship in the Eighteenth Judicial Circuit.

13. Effective July 1, 2011, the provisions of this item shall not apply to any authorized circuit court judgeship in the Twenty-fourth Judicial Circuit in which the retiring incumbent judge retired prior to July 1, 2010.

14. Effective July 1, 2011, the provisions of this Item shall not apply to any authorized circuit court judgeship in the Twenty-sixth Judicial Circuit in which the retiring incumbent judge retired prior to July 1, 2011.

15. Effective July 1, 2011, the provisions of this Item shall not apply to any authorized circuit court judgeship in the Twenty-seventh Judicial Circuit in which the retiring incumbent judge retired prior to July 1, 2010.

16. Effective July 1, 2011, the provisions of this Item shall not apply to any authorized circuit court judgeship in the Thirtieth Judicial Circuit in which the vacancy occurred prior to July 1, 2011.

17. Effective July 1, 2011, the provisions of this Item shall not apply to any authorized general district court judgeship in the Second Judicial District in which the retiring incumbent judge retired prior to July 1, 2010.

18. Effective July 1, 2011, the provisions of this Item shall not apply to any authorized general district court judgeship in the Sixth Judicial District in which the retiring incumbent judge retired prior to July 1, 2010.

19. Effective July 1, 2011, the provisions of this Item shall not apply to any authorized general district court judgeship in the Twelfth Judicial District in which the retiring incumbent judge retired prior to July 1, 2011.

20. Effective July 1, 2011, the provisions of this Item shall not apply to any authorized general district court judgeship in the Twentieth Judicial District in which the retiring incumbent judge retired after January 1, 2010, but prior to July 1, 2010.

21. Effective July 1, 2011, the provisions of this Item shall not apply to any authorized juvenile and domestic relations general district court judgeship in the Eleventh Judicial District in which the retiring incumbent judge retired prior to July 1, 2010.

22. Effective July 1, 2011, the provisions of this Item shall not apply to any authorized juvenile and domestic relations general district court judgeship in the Fifteenth Judicial District in which the retiring incumbent judge retired prior to July 1, 2010.

23. Effective July 1, 2011, the provisions of this Item shall not apply to any authorized juvenile and domestic relations general district court judgeship in the Twenty-seventh Judicial District in which the retiring incumbent judge retired prior to July 1, 2010.

24.  Effective July 1, 2012, the provisions of this item shall not apply to any authorized circuit court judgeship in the Sixth Judicial Circuit in which the retiring incumbent judge retired prior to July 1, 2012.

25.  Effective July 1, 2012, the provisions of this item shall not apply to any authorized circuit court judgeship in the Ninth Judicial Circuit in which the retiring incumbent judge retired prior to July 1, 2012.

26. Effective July 1, 2012, the provisions of this item shall not apply to any authorized circuit court judgeship in the Twelfth Judicial Circuit in which the retiring incumbent judge retired prior to July 1, 2012.

27. Effective July 1, 2012, the provisions of this item shall not apply to any authorized circuit court judgeship in the Thirteenth Judicial Circuit in which the retiring incumbent judge retired prior to January 1, 2011.

28. Effective July 1, 2012, the provisions of this item shall not apply to any authorized circuit court judgeship in the Fourteenth Judicial Circuit in which the retiring incumbent judge retired prior to July 1, 2012.

29.  Effective July 1, 2012, the provisions of this item shall not apply to any authorized circuit court judgeship in the Sixteenth Judicial Circuit in which the retiring incumbent judge retired prior to July 1, 2012.

30.  Effective July 1, 2012, the provisions of this item shall not apply to any authorized circuit court judgeship in the Seventeenth Judicial Circuit in which the retiring incumbent judge retired prior to February 1, 2012.

31. Effective July 1, 2012, the provisions of this item shall not apply to any authorized circuit court judgeship in the Twenty-second Judicial Circuit in which the retiring incumbent judge retired after July 1, 2011 and prior to August 31, 2012.

32. Effective July 1, 2012, the provisions of this item shall not apply to any authorized circuit court judgeship in the Twenty-eighth Judicial Circuit in which the retiring incumbent judge retired after January 1, 2012 and prior to July 1, 2012.

33. Effective July 1, 2012, the provisions of this item shall not apply to any authorized general district court judgeship in the First Judicial District in which the retiring incumbent judge retired after July 1, 2011 and prior to July 1, 2012.

34. Effective July 1, 2012, the provisions of this item shall not apply to any authorized general district court judgeship in the Sixth Judicial District in which the retiring incumbent judge retired after January 1, 2011 and prior to January 1, 2012.

35.  Effective July 1, 2012, the provisions of this item shall not apply to any authorized general district court judgeship in the Twentieth Judicial District in which the retiring incumbent judge retired after April 1, 2012 and prior to July 1, 2012.

36. Effective July 1, 2012, the provisions of this item shall not apply to any authorized general district court judgeship in the Twenty-fifth Judicial District in which the retiring incumbent judge retired prior to January 1, 2009.

37. Effective July 1, 2012, the provisions of this item shall not apply to any authorized general district court judgeship in the Thirty-first Judicial District in which the retiring incumbent judge retired prior to January 1, 2013.

38. Effective July 1, 2012, the provisions of this item shall not apply to any authorized juvenile and domestic relations district court judgeship in the Second Judicial District which became vacant after January 1, 2012 and prior to July 1, 2012.

39. Effective July 1, 2012, the provisions of this item shall not apply to any authorized juvenile and domestic relations district court judgeship in the Ninth Judicial District in which the retiring incumbent judge retired prior to July 1, 2012.

40. Effective July 1, 2012, the provisions of this item shall not apply to any authorized juvenile and domestic relations district court judgeship in the Tenth Judicial District in which the retiring incumbent judge retired prior to July 1, 2012.

41. Effective July 1, 2012, the provisions of this item shall not apply to any authorized juvenile and domestic relations district court judgeship in the Twelfth Judicial District in which the retiring incumbent judge retired prior to July 1, 2012.

42. Effective July 1, 2012, the provisions of this item shall not apply to any authorized juvenile and domestic relations district court judgeship in the Fourteenth Judicial District in which the retiring incumbent judge retired prior to July 1, 2010.

43. Effective July 1, 2012, the provisions of this item shall not apply to any authorized juvenile and domestic relations district court judgeship in the Twenty-fourth Judicial District in which an incumbent judge died prior to January 1, 2012.

44. Effective July 1, 2012, the provisions of this item shall not apply to any authorized juvenile and domestic relations district court judgeship in the Twenty-eighth Judicial District in which the retiring incumbent judge retired prior to July 1, 2012.

45. Effective July 1, 2011, the provisions of this Item shall not apply to any authorized judgeship in which the vacancy occurred as a result of a judge being appointed to a judgeship on another Virginia court, provided such appointment is to another authorized judgeship which is funded as provided herein or by existing law.

46. Effective August 1, 2012, the provisions of this Item shall not apply to any authorized circuit, general district, or juvenile and domestic relations court judgeship in which the vacancy occurred after August 1, 2012, and prior to December 1, 2012, and the incumbent judge would not have been subject to mandatory retirement on or before February 15, 2013.

47. Effective July 1, 2013, the provisions of this item shall not apply to any authorized juvenile and domestic relations district court judgeship in the Sixteenth Judicial District in which the retiring incumbent judge retired prior to February 1, 2013.

48. Effective July 1, 2013, the provisions of this item shall not apply to any authorized juvenile and domestic relations district court judgeship in the Thirty-first Judicial District in which the retiring incumbent judge retired prior to July 1, 2013.

49. Effective July 1, 2013, the provisions of this item shall not apply to any authorized circuit court judgeship in the Fifth Judicial Circuit in which the retiring incumbent judge retired prior to January 1, 2013.

50. Effective July 1, 2013, the provisions of this item shall not apply to any authorized circuit court judgeship in the Fifteenth Judicial Circuit in which the retiring incumbent judge retired prior to May 1, 2013.

51. Effective July 1, 2013, the provisions of this item shall not apply to any authorized circuit court judgeship in the Twenty-second Judicial Circuit in which the retiring incumbent judge retired prior to January 1, 2013.

52. Effective July 1, 2013, the provisions of this item shall not apply to any authorized circuit court judgeship in the Twenty-fifth Judicial Circuit in which the retiring incumbent judge retired prior to January 1, 2013.

53. Effective July 1, 2013, the provisions of this item shall not apply to any authorized circuit court judgeship in the Twenty-sixth Judicial Circuit in which the retiring incumbent judge retired prior to July 1, 2013.

54. Effective July 1, 2013, the provisions of this item shall not apply to any authorized general district court judgeship in the Second Judicial District in which the retiring incumbent judge retired prior to February 1, 2012.

55. Effective July 1, 2013, the provisions of this item shall not apply to any authorized general district court judgeship in the Fourth Judicial District in which the retiring incumbent judge retired prior to February 1, 2012.

56. Effective July 1, 2013, the provisions of this item shall not apply to any authorized general district court judgeship in the Eleventh Judicial District in which the retiring incumbent judge retired prior to February 1, 2013.

57. Effective July 1, 2013, the provisions of this item shall not apply to any authorized general district court judgeship in the Twelfth Judicial District in which the retiring incumbent judge retired prior to February 1, 2013.

58. Effective July 1, 2013, the provisions of this item shall not apply to any authorized general district court judgeship in the Fourteenth Judicial District in which the retiring incumbent judge retired prior to February 1, 2013.

59. Effective July 1, 2013, the provisions of this item shall not apply to any authorized general district court judgeship in the Fifteenth Judicial District in which the retiring incumbent judge retired prior to December 1, 2012.

60. Effective July 1, 2013, the provisions of this item shall not apply to any authorized general district court judgeship in the Twenty-eighth Judicial District in which the retiring incumbent judge retired prior to February 1, 2013.

61. Effective July 1, 2013, the provisions of this item shall not apply to any authorized general district court judgeship in the Twenty-ninth Judicial District in which the incumbent judge vacated the bench prior to September 1, 2012.

62. Effective July 1, 2013, the provisions of this item shall not apply to any authorized circuit court judgeship in the Second Circuit in which the retiring incumbent judge retired prior to January 1, 2012.

63. Effective July 1, 2013, the provisions of this item shall not apply to any authorized circuit court judgeship in the Nineteenth Circuit in which the retiring incumbent judge retired prior to August 1, 2012.

64. Effective July 1, 2013, the provisions of this item shall not apply to any authorized circuit court judgeship in the Twentieth Circuit in which the retiring incumbent judge retired prior to May 1, 2013.

65. Effective July 1, 2013, the provisions of this item shall not apply to any authorized general district court judgeship in the Seventeenth Judicial District in which the retiring incumbent judge retired prior to July 1, 2012.

66.  Effective July 1, 2013, the provisions of this item shall not apply to any authorized juvenile and domestic relations district court judgeship in the Twenty-First Judicial District in which the retiring incumbent judge retired prior to July 1, 2013.

67. Effective January 1, 2014, the provisions of this item shall not apply to any authorized circuit court judgeship in the Third Circuit in which the retiring incumbent judge retired prior to January 1, 2013.

68.  Effective July 1, 2013, the provisions of this item shall not apply to any authorized circuit court judgeship in the Fourth Circuit in which the retiring incumbent judge retired prior to May 1, 2012.

69.  Effective July 1, 2013, the provisions of this item shall not apply to any authorized circuit court judgeship in the Twenty-Third Circuit in which the retiring incumbent judge retired prior to March 1, 2013.

70.  Effective July 1, 2013, the provisions of this item shall not apply to any authorized circuit court judgeship in the Twenty-Eighth Circuit in which the retiring incumbent judge retired prior to July 1, 2013.

71. Effective July 1, 2013, the provisions of this item shall not apply to any authorized general district court judgeship in the Thirteenth Judicial District in which the retiring incumbent judge retired prior to January 1, 2010.

72. Effective July 1, 2013, the provisions of this item shall not apply to any authorized general district court judgeship in the Fifteenth Judicial District in which the retiring incumbent judge retired prior to February 1, 2013.

73. Effective July 1, 2013, the provisions of this item shall not apply to any authorized general district court judgeship in the Sixteenth Judicial District in which the retiring incumbent judge retired prior to February 1, 2013.

74. Effective July 1, 2013, the provisions of this item shall not apply to any authorized general district court judgeship in the Nineteenth Judicial District in which the retiring incumbent judge retired prior to February 1, 2011.

75. Effective July 1, 2013, the provisions of this item shall not apply to any authorized general district court judgeship in the Twenty-Seventh Judicial District in which the retiring incumbent judge retired prior to January 1, 2011.

76. Effective July 1, 2013, the provisions of this item shall not apply to any authorized juvenile and domestic relations district court judgeship in the Fifteenth Judicial District in which the retiring incumbent judge retired prior to May 1, 2013.

77. Effective July 1, 2013, the provisions of this item shall not apply to any authorized juvenile and domestic relations district court judgeship in the Twenty-Third Judicial District in which the retiring incumbent judge retired prior to July 1, 2013.

B.  Included in the appropriation for Items 39, 40 and 41 is sufficient funding for the costs of thirteen vacant or soon to be vacant circuit court judgeships, eight vacant or soon to be vacant general district court judgeships and four vacant or soon to be vacant juvenile and domestic relations court judgeships. The provisions of paragraph A. of this Item shall not be applicable to these judgeships. The specific judgeships to be filled under this provision shall be determined by the General Assembly, in consultation with the Chief Justice of the Supreme Court.