Part 25
The Governor's term begins on the third Wednesday in January on the first year after his election and ends on the Tuesday following the second Wednesday in January of his fourth year. This timing allows a new Governor to come into office one week after the General Assembly has convened for its regular session and has had the opportunity to organize. The interval also affords an opportunity for the outgoing Governor to present his opinions and experiences to the state legislature before his departure.
After the votes have been cast for the State gubernatorial (Governor) candidates, the returns of the election are usually sent, under seal, to the Secretary of the Commonwealth. He delivers the returns to the Speaker of the House of Delegates on the first day of the next session of the General Assembly. Within three days, the Speaker of the House of Delegates must open the returns in the presence of a majority of the Senate and of the House of Delegates. Then the votes are counted. The person who receives the highest number of votes is declared elected. If there is a tie, however, the two houses of the General Assembly jointly vote for the Governor.
In order to be eligible for the governorship, a candidate must have three qualifications: (1) he must be a United States citizen (if not a native-born citizen, he must have been naturalized for at least ten years preceding his election), (2) he must be at least thirty years of age and (3) he must have been a resident in the State of Virginia for at least five years directly preceding his election.
The Governor must live in the city of Richmond, the capital of Virginia, during his term of office. He resides at the Executive Mansion and receives at the present time a salary of $20,000 per year. Such compensation cannot be increased or diminished during his term of office. He cannot receive any other emolument (money) while in office from the state government or from any other government and he cannot hold any other position while he is Governor of the State.
The chief duty or power of the Governor is to faithfully administer or execute the laws. Other powers include:
(1) reporting to each session of the General Assembly the condition of the State in a message known as the "Governor's Message"
(2) recommending to the General Assembly for consideration measures which he believes are beneficial to the State
(3) convening the General Assembly whenever two-thirds of the members of both houses request it
(4) convening the General Assembly into special session whenever, in his opinion, the interest of the State requires it
(5) acting as the commander-in-chief of the State land and naval forces
(6) calling out the State militia or State Police whenever necessary to repel invasion, suppress insurrection and enforce the execution of the laws
(7) conducting all relations with other states
(8) during the recess of the General Assembly, suspending from office for misbehavior, incapacity, neglect of official duty, or acts performed illegally, any executive officer in Richmond except the Lieutenant-Governor (whenever he exercises this power, however, he must report to the General Assembly, at the beginning of the next session, the fact that he suspended an officer or officers and the cause for such suspension: then the General Assembly itself determines whether or not such individuals are to be restored or finally removed from office).
(9) during the recess of the General Assembly, appointing pro tempore (temporary) successors to all individuals suspended (as described previously)
(10) likewise, during the recess of the General Assembly, filling pro tempore vacancies in all offices of the State if such filling is not otherwise provided for by the Constitution or by laws. (Such appointments must be by commissions which automatically expire at the end of thirty days after the beginning of the next session of the General Assembly).
(11) remitting fines and penalties under rules and regulations as prescribed by law
(12) granting reprieves and pardons after conviction except those in which the House of Delegates carried on the prosecution
(13) removing political disabilities resulting from conviction for offenses committed prior to or subsequent to the adoption of the State Constitution
[Illustration: VIRGINIA STATE CHAMBER OF COMMERCE
_Executive Mansion_]
(14) commuting sentences of capital punishment
(15) informing the General Assembly, at each session, of the details of each case of fine or penalty remitted, of each reprieve or pardon granted, and of punishment commuted, plus his reason for doing so.
(16) requiring information in writing, under oath, from the officers of the executive department and superintendents of State institutions upon any subject relating to the duties of their respective offices and institutions (Likewise, he may inspect at any time their official books, accounts and vouchers, and ascertain the conditions of the public funds in their charge and he may employ accountants for this purpose)
(17) requiring the opinion in writing of the State Attorney-General concerning any question of law affecting his official duties as Governor or relating to the affairs of the Commonwealth
(18) legally certifying all commissions and grants in the name of the Commonwealth of Virginia and affixing each with the official seal of the Commonwealth
(19) supervising the activities of all State Executive Departments, Divisions, Boards and Commissions and appointing all the chief officers and members of such groups with the consent or confirmation of the General Assembly
(20) appointing certain officials, subject to confirmation by the General Assembly (for example, the Secretary of the Commonwealth, the State Treasurer)
(21) considering all bills passed by the General Assembly
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The Governor's responsibility in the law-making process is significant. After a bill has passed both houses of the General Assembly, it is sent to the Governor who has four choices of action:
(1) He may approve the bill by signing it; it becomes a law.
(2) He may disapprove the bill by vetoing it; he then returns it with his objections to the house in which it originated. This house enters such objections on its journal and reconsiders the bill in view of such objections. If, after careful consideration, two-thirds of the members present (at least a majority of the membership of that house is required as a minimum present for voting) still approve the bill, it is sent with the Governor's objections to the other house. After careful consideration here, if it is approved by two-thirds of all the members present (at least a majority of the membership of this house is also required as the minimum present for voting), it will become a law over the Governor's disapproval. This process is called "Over-riding the Veto." The Governor also has the power to veto any particular item or items of an appropriation bill without vetoing the entire bill. Such veto affects only the
## particular item or designated items. In such a case, the item or
items must be considered by the same methods described previously. If the Governor favors the general purpose of any bill but opposes a part or certain parts, he may return it with recommendations for amending it to the house in which is originated with the same procedures described previously being used. One exception, however, exists: a vote of only a majority of the members present in each house is required to amend a bill.
(3) He may do nothing about the bill; after five days have passed, Sundays excepted, and if the General Assembly is still in session, the bill automatically becomes a law.
(4) He may do nothing about the bill; after ten days have passed, if the General Assembly has adjourned in the meantime, making it impossible to return the bill, the bill does not become a law. Such procedure is called a "pocket veto."
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With such a wide range of power, the tremendous responsibility and authority which the Governor of Virginia possesses is readily apparent.
The second highest ranking state executive is the Lieutenant-Governor. He is elected to office by the qualified voters at the same time as the Governor for the same four-year term of office. His qualifications and election procedure are identical to those of the Governor. In case the Governor of the state dies, fails to qualify, resigns, is removed from the State or is unable to discharge the powers and duties of his office, the Lieutenant-Governor then assumes the Governorship with its duties, powers and compensation. Normally, the chief duty of the Lieutenant-Governor is to act as permanent chairman of the State Senate. While presiding over same, he is called the President of the Senate. In such capacity, he has no vote except in case of a tie. His salary consists of $1260 for each biennial session of the legislature plus $3,000 per year for traveling expenses. Hence, he receives the same salary as the Speaker of the House of Delegates.
Two major administrative officials appointed by the Governor and subject to the approval of the General Assembly are the Secretary of the Commonwealth and the State Treasurer. Their terms of office are coincident with the Governor who appoints them. The Secretary of the Commonwealth acts as the official secretary to the Governor and is the head of the Division of Records where all records of the official acts of the Governor are kept. The Secretary of the Commonwealth is also the custodian of the official State Seal and is responsible for affixing same to all the official documents signed by the Governor. The State Treasurer has custody of the funds of the state in the payment of bills. He makes deposits of all revenue belonging to the Commonwealth in certain specified banks and withdraws such money by check only upon the State Comptroller's warrant.
Another important state official is the Auditor of Public Accounts. He is elected by the joint vote of both houses of the General Assembly for a four-year term. His powers and duties include the auditing of all accounts of each state department, institution and agency, and he acts as chief auditor and accountant of the Auditing Committee of the General Assembly. In addition, he is responsible for exposing unauthorized, illegal or unwise handling of state funds to the Governor, the Auditing Committee of the General Assembly and the Comptroller. He is also required by law to audit all city and county officials' accounts unless such accounts are audited annually by a certified public accountant according to the State Auditor's instructions.
All state officials who collect, keep in custody, handle or disburse public funds must give bond for the faithful performance of these duties. The amount of the bond varies with the amount of revenue involved in carrying out such duties.
Any individual who is appointed to any office by the Governor which requires confirmation by the General Assembly and who does not receive such necessary confirmation cannot start or continue in office and is ineligible for reappointment during the recess of the General Assembly to fill a vacancy caused by such refused confirmation.
To assist the Governor in carrying out his executive duties, numerous departments and agencies have been established by the Constitution or by legislative act. Most of the department names suggest the particular type of work for which each is responsible: the Department of Military Affairs, the Department of Law including the Division of Motion Picture Censorship and the Division of War Veterans' Claims, the Department of Accounts, the Department of Purchases and Supply, the Department of the Treasury, the Department of Taxation, the Department of State Police, the Division of Motor Vehicles, the Department of Corporations, the Department of Alcoholic Beverage Control, the Department of Labor and Industry, the Department of Agriculture and Immigration, the Department of Workmen's Compensation, the Department of Conservation and Economic Development, the Department of Education, the Department of Highways, the Department of Health, the Department of Welfare and Institutions, the Department of Mental Hygiene and the Department of Professional and Occupational Registration. The Division of Personnel, the Division of the Budget, the Division of Records and the Office of Civilian Defense are all located in the Governor's Office. Additional specialized commissions such as the Advisory Council on Virginia Economy, the Art Commission, the Safety Codes Commission, the State Library Board, the State Water Control Board, the Commission on Constitutional Government, the Potomac River Basin Commission and the Commission on Interstate Cooperation also participate actively in the carrying out of the financial, law enforcing, service rendering, conservation, preservation, and regulation functions of the executive department of the Commonwealth.
The Judicial Department--Article VI concerns the Judiciary Department whose chief purpose is to interpret the laws properly. The State Constitution in Virginia provides for a Supreme Court of Appeals, Circuit Courts, City Courts and other inferior courts. The jurisdiction of these courts is regulated by law with the exception of jurisdiction granted specifically by the State Constitution itself. The General Assembly authorizes by law the appointment of judges pro tempore by the Governor.
The highest State Court is the Supreme Court of Appeals, located in Richmond. It consists of seven members: one Chief Justice and six associate justices. The Chief Justice is always the Senior Justice in years of continuous service; in case the total years of service are equaled by two or more justices, seniority is then determined by age. The term of office of the justice is twelve years, and they are elected by a joint vote of the Senate and the House of Delegates. Their sole constitutional qualification is that they must have held a "judicial station" in the United States or have practiced law in Virginia or some other state for five years previously. The annual salary of a justice of the Court of Appeals is $15,500 with the Chief Justice receiving an additional $4,500 or a salary of $20,000.
When meeting in court session, the members of the Supreme Court of Appeals may sit as an entire group or may sit in two divisions consisting of not less than three justices each. By sitting in two such divisions, it is possible to hear more cases at a rapid pace. Whenever convening in this manner, each division has the full power and authority on the determination of causes, in the issuing of writs, and in the exercise of all powers authorized by the State Constitution for the Supreme Court of Appeals or provided by law. Each division is subject, however, to the general control of the Supreme Court of Appeals and is subject to any rules and regulations which this court may make. Likewise, the decision of either division does not become the judgment of the Supreme Court of Appeals unless concurred in by at least three judges. Any case which involves a construction of the State Constitution or of the Constitution of the United States must be decided upon by the Supreme Court of Appeals in toto and, furthermore, the assent of at least four of the judges is necessary for the court to determine that any law is or is not contrary to the State Constitution or the Constitution of the United States. If, in such a case, it is impossible for more than three of the judges to agree on the constitutional questions involved and if the case cannot be determined without passing on such questions, the case must be reheard by a full court. Whenever the judges within either division differ as to the judgment to be rendered in any cause, or whenever any judge of either division within a time and in a manner fixed by the court rules certifies that in his opinion any decision of any division of the court is in conflict with a prior decision of the court, the cause must be considered and adjudged (decreed) by the full court or at least a quorum of the full court.
There are two types of court jurisdiction: original and appellate. Original jurisdiction exists whenever a court has the legal right to hear a case for the first time. Appellate jurisdiction exists whenever a court is hearing a case which is being appealed or brought to it from a lower court. The Virginia Supreme Court of Appeals has original jurisdiction in cases of habeas corpus, mandamus and prohibition. Habeas corpus is a court order which commands a person having another individual in custody to bring before the court the individual detained for the purpose of determining the legality of detention. A mandamus is a court order directed to subordinate courts, corporations, or the like, commanding them to do something therein specified. A prohibition is a writ or court order which legally restrains someone from doing some particular action. In all other cases in which the Supreme Court of Appeals has jurisdiction, it has appellate jurisdiction only. The General Assembly has the power to provide, from time to time, for a Special Court of Appeals whose chief purpose is to assist the Supreme Court of Appeals.
Whenever a judgment or decree is reversed, modified or affirmed by the Supreme Court of Appeals, the court must state in writing the reasons for same and must keep such record on file with the case. In criminal matters, the court may direct a new trial. If the court believes that the accused should be discharged from further prosecution, in such instance, it has the right to order the case ended, thereby discharging such an individual from further prosecution. This court has no power, however, to increase or decrease the punishment of an accused person. In civil cases, the court may enter a final judgment.
The courts which rank second highest in the Virginia judiciary are the Circuit Courts. The General Assembly has the power to arrange and re-arrange the judicial circuits of the state and to increase or diminish their number. However, no new circuit can be created containing less than forty thousand inhabitants according to the most recent census nor if such creation would result in reducing the number of inhabitants in any existing judicial circuit below forty thousand. There are thirty-seven judicial circuits in Virginia. The geographical composition of the circuit ranges from one county or city to five counties and one city. Each circuit has one judge chosen by the joint vote of both houses of the General Assembly for a term of eight years. He must possess the same qualifications when chosen as judges of the Supreme Court of Appeals and must live in the circuit area where the circuit court is located while he is in office. The number of sessions of the circuit courts to be held for each county and city is prescribed by law and the judge of one circuit may be required or authorized to hold court in another circuit or city. Circuit courts usually have original and appellate jurisdiction in (1) all civil cases involving twenty dollars or more and (2) certain criminal cases.
Below the circuit courts in the court structure in Virginia are the city Hustings or Corporation Courts. They are courts of record also and have original jurisdiction except in cases of appeals from justices. These courts have the sole power to appoint electoral boards in cities where they are located. They have much concurrent jurisdiction with the circuit courts. They are criminal courts and can try cases of felonies committed within one mile of the corporation limits. There are sixteen such courts: Corporation Courts located in Alexandria, Bristol, Charlottesville, Danville, Lynchburg, Newport News, Norfolk (2), South Norfolk, Staunton, and Winchester; Hustings Courts located in Petersburg, Portsmouth, Richmond (2) and Roanoke. These city court judges must live in the city where the court is located.
The Virginia Constitution divides the cities of Virginia into two classes as far as the judicial system is concerned: (1) cities having a population of at least ten thousand according to the last official census are called cities of the first class; (2) cities having a population of less than ten thousand according to the last official census are called cities of the second class. In each first class city there may be a corporation court in addition to a circuit court. In any city containing at least thirty thousand inhabitants, the General Assembly may provide additional courts with the number of judges it deems necessary for the public interest.
In a second class city, there may be a corporation or hustings court. The circuit court of the county in which the city is situated and the corporation or hustings court have concurrent jurisdiction in actions at law and suits in equity unless otherwise provided by law. Therefore, the General Assembly has the power to confer exclusive original jurisdiction upon a corporation or hustings court in all cases involving residents of any such city; this setup is much more convenient to the residents who live a considerable distance from the county seat. This type of court may be abolished by a vote of a majority of the qualified voters of the particular city in which the court is located at a special election held for this purpose. Another method by which a court may cease to exist is by having the office of judge of such a court whose annual salary is less than eight hundred dollars become vacant and remain vacant for ninety days consecutively. Automatic abolishment of such court results. In each case in which such court is abolished, the city immediately comes within the jurisdiction of the circuit court of the county wherein it is geographically situated unless otherwise provided for by law. The records of the abolished corporation or city court immediately become records of the aforementioned circuit court and are transferred accordingly.
For each city court of record there is a judge chosen for an eight-year term by a joint vote of both houses of the General Assembly. He must have the same qualifications as Supreme Court of Appeals judges and must live within the jurisdiction of the court over which he presides while he is in office. However, the judge of a corporation court of any corporation having a city charter and having less than ten thousand inhabitants may live outside the city limits. Such an individual may be judge of such corporation court and also judge of a corporation court of some other city having less than ten thousand inhabitants. The judges of city courts may be required or authorized to hold the circuit or city courts of any county or city.
The General Assembly has the power also to establish courts of land registration for the administration of any law it may adopt for the purpose of the settlement, registration, transfer, or assurance of titles to land in the State.