2010 Session

Budget Bill - HB29 (Chapter 872)

General District Courts

Item 41

Item 41

First Year - FY2009Second Year - FY2010
Pre-Trial, Trial, and Appellate Processes (32100)$95,617,498$95,617,498
Trial Processes (32103)FY2009 $77,396,937FY2010 $77,396,937
Other Court Costs and Allowances (Criminal Fund) (32104)FY2009 $13,970,080FY2010 $13,970,080
Involuntary Mental Commitments (32105)FY2009 $4,250,481FY2010 $4,250,481
Fund Sources:  
GeneralFY2009 $95,617,498FY2010 $95,617,498

Authority: Article VI, Section 8, Constitution of Virginia; §§ 16.1-69.1 through 16.1-137, 19.2-163 and 37.1-67.1 et seq., Code of Virginia.

A. Out of the amounts for Pre-Trial, Trial and Appellate Processes shall be paid:

1. The annual salaries of all General District Court judges, $139,538 from July 1, 2008, to November 24, 2008, $142,329 from November 25, 2008, to November 24, 2009, and $142,329 from November 25, 2009, to June 30, 2010. Such salary shall be 90 percent of the annual salary fixed by law for judges of the Circuit Courts and shall represent the total compensation for General District Court Judges and incorporate all supplements formerly paid by the various localities.

2. The salaries of substitute judges and court personnel.

B. There is hereby reappropriated the unexpended balances remaining at the close of business on June 30, 2008, in the appropriation made in Item 33, Chapter 847 Acts of Assembly of 2007, in the item details Other Court Costs and Allowances (Criminal Fund) and Involuntary Mental Commitments and the balances remaining in these item details on June 30, 2009.

C. Any balance, or portion thereof, in the item detail Involuntary Mental Commitments, may be transferred between Items 41, 42, 43, and 304, as needed, to cover any deficits incurred for Involuntary Mental Commitments by the Supreme Court or the Department of Medical Assistance Services.

D. The appropriation in this Item for Other Court Costs and Allowances shall be used to implement the provisions of § 8.01-384.1:1, Code of Virginia.

E. Out of the amount appropriated from the general fund for the Criminal Fund in this Item, there shall be transferred an amount not to exceed $40,000 the first year and not to exceed $40,000 the second year to the Criminal Injuries Compensation Fund, administered by the Virginia Workers' Compensation Commission, for the administration of the physical evidence recovery kit (PERK) program.

F. A district court judge shall only be reimbursed for mileage for commuting if the judge has to travel to a courthouse in a county or city other than the one in which the judge resides and the distance between the judge's residence and the courthouse is greater than 25 miles.

G.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 is vacant or becomes 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. On or before June 30, 2010, the Director, Department of Planning and Budget, shall authorize the reversion to the general fund of $750,000 from items within the Judicial Department representing savings generated from the reduction in the number of authorized judges.