TITLE 17.1. COURTS OF RECORD.

§ 17.1-100 added.
Judicial performance evaluation program. Requires the Supreme Court to establish a one-year pilot judicial performance evaluation program beginning January 1, 2003, if funds are appropriated by the general appropriation act.
There is a January 1, 2004, effective date for the Supreme Court to establish and maintain a judicial performance evaluation program that will provide a self-improvement mechanism for judges and a source of information for the reelection process. By September 1 of each year, the Supreme Court will transmit a final evaluation of each justice and judge whose term expires during the next session to the Chairmen of the House and Senate Committees for Courts of Justice. HB 999; CH. 726.

§§ 17.1-208 and 17.1-265 amended.
Clerk of circuit court; military service discharge records. Provides that discharge certificates and reports of separation from active duty recorded with the clerk of circuit court shall be open for inspection and copying only by (i) the subject of the record, (ii) the conservator or guardian of the subject, (iii) the executor or administrator of the subject's estate, (iv) representatives acting on behalf of or at the request of the subject, or (v) any agency of federal, state, or local government. The bill also provides that the clerk may permit the use of discharge certificates or reports of separation from active duty for bona fide research purposes if the subject of the record is deceased. HB 1209; CH. 299.

§§ 8.01-600, 15.2-1605.1, 17.1-213, 17.1-232, 17.1-249, 17.1-275, 19.2-187, 19.2-270.4:1, 31-8.1, 32.1-267, 47.1-5, 55-66.4:2, and 64.1-94 amended; § 17.1-219.1 added.
Circuit court clerks. Makes various revisions to the duties and responsibilities of filings, etc., in the circuit court clerks' offices such as: clarifying the limitations on public access to social security numbers; authorizing localities to supplement clerks salaries; giving authority to clerks to sign prisoner transportation orders when authorized by the judge; providing for the disposition of original wills after microfilming; removing the reference to abstracts of executions on judgments that no longer have to be filed; clarifying that partial certificates of satisfaction are to be indexed; deleting obsolete references to fees for applications for tax deeds; clarifying procedure for filing requests for copies of certificates of analysis in criminal cases; requiring court orders to specifically identify the human biological evidence to be preserved in a criminal case; clarifying the fees payable on petitions for approval of proposed distributions from minors' estates; and waiving application fees for deputy circuit court clerks seeking appointment as notaries public. SB 153; CH. 832.

§ 17.1-222.1. See § 2.2-614.1; HB 825.

§ 17.1-249 amended.
Grantor/grantee index; clerk's office. Allows a court clerk's office to maintain grantor/grantee indexes on paper. HB 869; CH. 276.

§ 17.1-256 amended.
Clerks of court; electronic filing. Allows a circuit court clerk to enter into an agreement with banks, mortgage companies or other lending institutions for the purpose of electronically recording certificates of satisfaction and assignments of the underlying notes secured by previously recorded deeds of trust. HB 782; CH. 419.

§ 17.1-272. See § 16.1-253; SB 518.

§§ 16.1-69.48:1, 16.1-69.48:3, 17.1-275, 17.1-275.1, 17.1-275.2, 17.1-275.4, 17.1-275.5, 17.1-275.6, 17.1-281, 19.2-11.3, 19.2-303.4, 19.2-354, 19.2-368.18, 53.1-131.1, 53.1-150 amended; §§ 17.1-275.7, 17.1-275.8, and 17.1-275.9 added; §§ 17.1-277 and 18.2-264.01 repealed.
Court fees. Establishes fixed fees for proceedings for misdemeanors, traffic infractions and other violations in district and circuit court. The fixed fees aggregate the most common costs to be collected by clerks of court, many of which are earmarked for distribution to specific funds. The bill was recommended by the Committee on District Courts in order to more efficiently process cases, utilize automation and minimize inconvenience to the public. SB 150; CH. 831 (effective 7/1/03).

§ 17.1-278 amended.
Legal Aid Services Fund. Raises the additional fees collected in all cities and counties in which civil legal representation is provided for the poor, without charge, by a nonprofit legal aid program organized under the auspices of the Virginia State Bar, from two to four dollars in both district and circuit courts. HB 151; CH. 318.

§ 17.1-279 amended.
Clerk's fees; information technology fee. Provides an exception where a clerk has implemented a technology plan approved by the Department of Technology Planning allowing allocations to exceed the pro rata share of the collections of the three-dollar fee relative to the chancery and law actions filed in that jurisdiction. HB 675; CH. 637.

§ 17.1-279 amended.
Technology Trust Fund fee; sunset. Extends the sunset from July 1, 2002, to July 1, 2004. HB 857; CH. 250/SB 83; CH. 140.

§ 17.1-300 amended.
Election of Chief Justice by the justices of the Court. Changes the manner in which the Chief Justice is chosen to a majority vote of the justices as opposed to the ascension of the most senior justice. The bill applies to the next Chief Justice of the Supreme Court and does not affect the current Chief Justice or his term. HB 1186; CH. 552/ SB 138; CH. 43.

§§ 2.2-507.1 and 17.1-513.01 added.
Charitable corporations. Grants the Attorney General authority to act on behalf of the public with respect to charitable corporations and grants circuit courts subject matter jurisdiction over matters pertaining to assets of charitable corporations, thus overruling the decision in Commonwealth of Virginia v. The JOCO Foundation, Record No. 011794 (January 11, 2002). SB 676; CH. 792.

§ 17.1-802 amended.
Sentencing Commission; terms. Establishes a uniform time for terms to expire at the end of the calendar year. Under current law, many of the terms expire at different times in October and November. The bill also staggers the terms of gubernatorial appointees beginning January 1, 2004. The terms of other appointees were staggered in accordance with the directives of Chapter 226 of the 1998 Acts of Assembly. SB 252; CH. 79.

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