Menu
2010 Session

Budget Bill - HB29 (Chapter 872)

Supreme Court

Item 38

Item 38

First Year - FY2009Second Year - FY2010
Administrative and Support Services (39900)$29,562,566$29,441,846
General Management and Direction (39901)FY2009 $29,562,566FY2010 $29,441,846
Fund Sources:  
GeneralFY2009 $17,666,459FY2010 $17,666,459
SpecialFY2009 $174,375FY2010 $174,375
Trust and AgencyFY2009 $0FY2010 $104,280
Dedicated Special RevenueFY2009 $10,554,781FY2010 $10,329,781
Federal TrustFY2009 $1,166,951FY2010 $1,166,951

Authority: §§ 16.1-69.30, 16.1-69.33, 17.1-314 through 17.1-320 and 17.1-502, Code of Virginia.


A. The Executive Secretary of the Supreme Court shall submit a monthly summary to the Chairmen of the House Appropriations and Senate Finance Committees and to the Director, Department of Planning and Budget, which will report the number of individuals for whom legal or medical services were provided and the nature and cost of such services as are authorized for payment from the criminal fund or the involuntary mental commitment fund.


B. Notwithstanding the provisions of § 19.2-326, Code of Virginia, the amount of attorney's fees allowed counsel for indigent defendants in appeals to the Supreme Court shall be in the discretion of the Supreme Court.


C. The Chief Justice is authorized to reallocate legal support staff between the Supreme Court and the Court of Appeals of Virginia, in order to meet changing workload demands.


D. Prior to January 1 of each year, the Judicial Council and the Committee on District Courts are requested to submit a fiscal impact assessment of their recommendations for the creation of any new judgeships, including the cost of judicial retirement, to the Chairmen of the House and Senate Committees on Courts of Justice, and the House Appropriations and Senate Finance Committees.


E. Included in this Item is $3,750,000 the first year and $3,750,000 the second year from the general fund, which may support computer system improvements for the several circuit and district courts.


F.  Given the continued concern about providing adequate compensation levels for court-appointed attorneys providing criminal indigent defense in the Commonwealth, the Executive Secretary of the Supreme Court, in conjunction with the Governor, Attorney General, Indigent Defense Commission, representatives of the Indigent Defense Stakeholders Group and Chairmen of the House and Senate Courts of Justice Committees, shall continue to study and evaluate all available options to enhance Virginia's Indigent Defense System.


G. Included in the appropriation for this Item is $225,000 the first year from the Drug Offender Assessment and Treatment Fund to provide a comprehensive evaluation of drug courts in the Commonwealth.


H.  In addition to any filing fee or other fee permitted by law, an electronic access fee may be charged for each case filed electronically pursuant to Rule 1:17 of the Rules of the Supreme Court of Virginia.  The amount of this fee shall be set by the Supreme Court of Virginia.  Moneys collected pursuant to this fee shall be deposited into the State Treasury to the credit of the Courts Technology Fund established pursuant to § 17.1-132, to be used to support the costs of statewide electronic filing systems.


I.  Included in the appropriation for this item is $104,280 the second year from the Circuit Court Clerks Technology Fund established pursuant to § 17.1-279.A, Code of Virginia.


J.  Notwithstanding the provisions of § 16.1-69.48 paragraphs A or C, Code of Virginia, the Chief Justice shall direct the Executive Secretary of the Supreme Court to work with the State Treasurer in accordance with § 2.2-1803, Code of Virginia, to develop and implement procedures for the deposit of collections for the Commonwealth directly into the State Treasury for Item 41 General District Courts, Item 42 Juvenile and Domestic Relations General District Courts, Item 43 Combined District Courts and Item 44 Magistrate System.  The Executive Secretary and State Treasurer shall implement direct deposit to the State Treasury within a month of this bill's passage.