Circuit Courts were authorized by the 1851 State Constitution, and were established by an act of the General Assembly passed 22 May 1852. A Circuit Court was held twice yearly in each county and its records were filed with those of the county. Originally, there were twenty-one Circuit Court judges. Each judge rode in a circuit from county to county to preside over the Circuit Courts in his particular circuit.
Circuit Courts were granted original jurisdiction concurrent with that of the county courts. In addition, they had appellate jurisdiction in all civil cases involving more than fifty dollars and in criminal cases not "expressly cognizable in some other court,” of which there apparently were very few. Further, they were granted jurisdiction in criminal cases involving "loss of life,” a jurisdiction which had always been denied the county courts. In 1873 the Circuit Court was given exclusive jurisdiction of chancery cases.
The State Constitution of 1902 made no provision for county courts. Instead, their original jurisdiction in all matters except petty suits and misdemeanors was given to the Circuit Courts. Prior to 1904, probate authority was vested in the county court and shared by the Circuit Courts. Effective on 1 February 1904, probate authority was transferred entirely to the Circuit Court. The Circuit Court consequently inherited all original wills and records pertaining to probate and fiduciary affairs. Prior to 1904, the county court was responsible for recording deeds and other such instruments. On 15 March 1904, the Circuit Court was given this responsibility.
The term “county court" is currently still in use. The 1902 Constitution continued the office of Justice of the Peace, who tried petty suits and misdemeanors. In 1934 the General Assembly deprived the inefficient, popular-elected Justices of the Peace of their trial jurisdiction and gave it to Trial Justices. In 1956, the title of Trial Justice was changed to County Judge. The county court is, in a sense, a branch of the Circuit Court by reason of appointment of the county court judge by the judge of the Circuit Court.
Each locality
Original 1851 arrangement
First District
First Circuit
The Counties of Princess Anne, Norfolk, Nansemond, Isle of Wight, Southampton, Greenesville, Surry and Sussex, and the city of Norfolk
Second Circuit
The counties of Prince George, Dinwiddie, Brunswick, Mecklenburg, Lunenburg,
Nottoway, Amelia, Chesterfield, Powhatan and the city of Petersburg
Second District
Third Circuit
The counties of Cumberland, Buckingham, Appomattox, Campbell, Prince Edward,
Charlotte, Halifax and the town of Lynchburg shall constitute the third circuit.
Fourth Circuit
The counties of Pittsylvania, Bedford, Franklin, Patrick and Henry
Third District
Fifth Circuit
The counties of Accomack and Northampton shall constitute the fifth circuit.
Sixth Circuit
the counties of Elizabeth City, Warwick, York, Gloucester, Matthews, Middlesex,
Henrico, New Kent, Charles City, James City, and the city of Williamsburg
Seventh Circuit
The city of Richmond
Fourth District
Eighth Circuit
The counties of Lancaster, Northumberland, Richmond, Westmoreland, King
George, Spotsylvania, Caroline, Hanover, King William, King and Queen, and Essex
Ninth Circuit
The counties of Stafford, Prince William, Alexandria, Fairfax, Loudoun, Fauquier
and Rappahannock shall constitute the ninth circuit.
Fifth District
Tenth Circuit
The counties of Culpeper, Madison, Greene, Orange, Albemarle, Louisa, Fluvanna
and Goochland
Eleventh Circuit
The counties of Nelson, Amherst, Rockbridge, Augusta and Bath
Sixth District
Twelfth Circuit
The counties of Pendleton, Highland, Rockingham, Page, Shenandoah, Warren and
Hardy
Thirteenth Circuit
The counties of Clarke, Frederick, Hampshire, Morgan, Berkeley and Jefferson
Seventh District
Fourteenth Circuit
The counties of Monroe, Greenbrier, Pocahontas, Alleghany, Botetourt, Roanoke
and Craig
Fifteenth Circuit
The counties of Giles, Mercer, Raleigh, Wyoming, Logan, Boone, Fayette and
Nicholas
Eighth District
Sixteenth Circuit
The counties of Grayson, Carroll, Wythe, Floyd, Pulaski and Montgomery shall
constitute the sixteenth circuit.
Seventeenth Circuit
The counties of Smyth, Tazewell, Washington, Russell, Scott and Lee
Ninth District
Eighteenth Circuit
The counties of Wayne, Cabell, Mason, Jackson, Putnam and Kanawha
Nineteenth Circuit
The counties of Wood, Wirt, Gilmer, Braxton, Lewis, Ritchie, Doddridge and
Pleasants shall constitute the nineteenth circuit.
Tenth District
Twentieth Circuit
The counties of Hancock, Brooke, Ohio, Marshall, Wetzel, Tyler and Monongalia
shall constitute the twentieth circuit.
Twenty-First Circuit
The counties of Harrison, Marion, Taylor, Preston, Barbour, Randolph and
Upshur shall constitute the twenty-first circuit.
1851 State Constitution Art. 6, secs. 6 and 7
Acts Passed at a General Assembly of the Commonwealth of Virginia, 1852, chaps. 65 and 66
Acts Passed at a General Assembly of the Commonwealth of Virginia, 1872/73, chap. 395
Acts Passed at a General Assembly of the Commonwealth of Virginia, 1902-3-4, chaps. 255 and 401
Acts Passed at a General Assembly of the Commonwealth of Virginia,1895/96, chap. 526
Acts Passed at a General Assembly of the Commonwealth of Virginia, 1904, chap. 205