Virginia Superior Courts
Just as the commonwealth itself grew and changed over the decades following the Revolutionary War, so too did the judicial system. In 1779, the General Assembly created several courts which had broad jurisdiction over matters of criminal or civil law. These courts were generally known as superior courts, meaning that they had a higher jurisdiction than county or hustings courts.
In Virginia, the evolution of these superior courts remained influx for much of the late 18th and early first half of the 19th century. This page attempts to define and illustrate the creation, elimination, and overlap of Virginia's superior courts during the first one hundred twenty-five years of the state's history.
SUPERIOR COURTS
EARLY COURTS
DISTRICT COURTS
District Courts, 1789-1808
EARLY COURTS
Court of Admiralty, 1776-1786
- Description of Court
- Location of Court
- Source Information
The Court of Admiralty was abolished by an act of the General Assembly passed 25 December 1788, effective 4 March 1789. This was done in pursuance to the new U.S. Constitution which gave admiralty and maritime jurisdiction to the federal courts. Those few cases of admiralty jurisdiction not taken into the federal court system were given to the newly-created state District Courts.
Hening's Statutes at large, Volume 12, pages 769-770
Hening's Statutes at large, Volume 12, pages 736
General Court, 1777-1851
- Description of Court
- Location of Court
- Source Information
Prior to the Revolution, the General Court possessed original jurisdiction in nearly all types or cases and appellate jurisdiction from all the lower courts. After the war its functions were considerably reduced. District Courts were established and given appellate jurisdiction over the county courts in common law cases, and the High Court of Chancery was established with similar jurisdiction in chancery cases.
Thus, the General Court was left with concurrent jurisdiction chiefly in civil cases connected with public debtors, the probate of wills and granting or administrations, the recording or deeds (only until 1814), and appellate jurisdiction in criminal cases. Because the General Court judges were also judges or the District Courts they spent most or their time serving in these lower courts. By an act of 7 February 1814, however, the General Court was made the sole supreme criminal tribunal in the state and its business was thus increased.
The General Court continued to be the supreme criminal tribunal in Virginia until its abolition by the state Constitution of 1851, when its appellate jurisdiction was given to the Supreme Court of Appeals. The General Court ceased to exist, effective 1 July 1852.
Richmond (Va.) after the Revolutionary War
Hening's Statutes at large, Volume 12, pages 769-770
Hening's Statutes at large, Volume 12, pages 736
Acts Passed at a General Assembly of the Commonwealth of Virginia, 1813/14, chap. 18, sec. 15
Acts Passed at a General Assembly of the Commonwealth of Virginia, 1852, chap. 69, sec. 1
DISTRICT COURTS
DISTRICT COURTS MAP: USER GUIDANCE
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- Virginia District Courts, 1789-1802: This view shows the court districts for this time period
- Virginia District Courts, 1852-1870: This view shows the court districts for this time period
City and County Information
Localities in District: name of the city or county
Location of Court: Location where the court held for the district was located
District Courts 1852-1870
- Description of Court
- Location of Court
- Source Information
The District Courts were abolished with the adoption of the 1870 State Constitution which failed to provide for their continuance. The Constitution went into effect 26 January 1870.
When the District Courts were abolished in 1870 their loose suit papers were distributed to the Circuit Courts in each county, but the record volumes, order books, etc., of the District Courts were turned over to a session of the Supreme Court of Appeals.
At this time the Supreme Court of Appeals conducted its business in sessions at three different locations, i.e., Richmond, Wytheville and Staunton. A particular District Court's record volumes were sent to the Supreme Court of Appeals session which had general jurisdiction over that District Court's territory.
Fredericksburg (Va.)
Lynchburg (Va.)
Marion County
Monroe County
Petersburg (Va.)
Richmond (Va.)
Washington County
Williamsburg (Va.)
Winchester
Wood County
Acts of the General Assembly passed in May and June 1852 (Acts 1852, chaps. 61-64)
1870 State Constitution (Art. 6)
Acts Passed at a General Assembly of the Commonwealth of Virginia, 1869/70, chap. 407
Acts Passed at a General Assembly of the Commonwealth of Virginia, 1869/70, chap. 171
SUPERIOR COURTS OF LAW & CHANCERY
High Court of Chancery, 1777-1802
- Description of Court
- Location of Court
- Source Information
The High Court or Chancery met at the state capitol and had jurisdiction over the entire state. It was first composed of three judges who met together twice yearly in April and September. In 1788, the number of judges was reduced to one who held court four times a year in March, May, August and October.
The High Court of Chancery was abolished by an act of the General Assembly passed 23 January 1802 and was replaced by the Superior Courts of Chancery.
Hening's Statutes at large, Volume 12, page 766-768
Hening's Statutes at large, Volume 10, page 152
Hening's Statutes at large, Volume 12, page 766-768
The statutes at large of Virginia : from October session 1792, to December session 1806 [i.e. 1807], inclusive, in three volumes, (new series,) being a continuation of Hening ... / By Samuel Shepherd. Volume 2, pages 320-322
Superior Courts of Chancery, 1802-1831
SUPERIOR COURTS OF CHANCERY MAP: USER GUIDANCE
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Superior Chancery 1802-1812: View shows the districts in superior chancery for the time period
Superior Chancery 1812-1814: View shows the districts in superior chancery for the time period
Superior Chancery 1814-1831: View shows the districts in superior chancery for the time period
City and County Information
Localities in District: name of the city or county
Location of Court: Location where the court held for the district was located
- Description of Court
- Location of Court
- Source Information
On 28 January 1812 the number of chancery districts was increased from three to six. On 20 January 1814 the number of chancery districts was increased to eight and on 21 November 1814 the number was increased to nine.
The Superior Courts of Chancery were abolished in 1831 and their jurisdiction was assumed by the newly created Circuit Superior Courts of Law and Chancery. The records of each pending suit in the Superior Court of Chancery were removed to the nearest county Circuit Superior Court of Law and Chancery.
Richmond (Va.)
Staunton (Va.)
Williamsburg (Va.)
1812-1814
Clarksburg (Va.)
Richmond (Va.)
Staunton (Va.)
Williamsburg (Va.)
Winchester (Va.)
Wythe County
1814-1831
Clarksburg (Va.)
Fredericksburg (Va.)
Greenbrier County
Lynchburg (Va.)
Richmond (Va.)
Staunton (Va.)
Williamsburg (Va.)
Winchester (Va.)
Wythe County
Acts Passed at a General Assembly of the Commonwealth of Virginia, 1811/12, chap. 15
Acts Passed at a General Assembly of the Commonwealth of Virginia,1813/14, chap. 16
Acts Passed at a General Assembly of the Commonwealth of Virginia, 1814/15, chap. 31
Acts Passed at a General Assembly of the Commonwealth of Virginia, 1830/31, chap. 11
Acts Passed at a General Assembly of the Commonwealth of Virginia, 1830/31, chap. 11, sec. 95)
Superior Courts of Law, 1808-1831
- Description of Court
- Location of Court
- Source Information
In criminal and civil cases the jurisdiction of the Superior Courts of Law was declared to be the same over their respective counties as the old District Courts bad previously exercised over their respective districts.
The Superior Courts or Law were abolished in 1831 with the creation of the Circuit Superior Courts of Law and Chancery.
Acts Passed at a General Assembly of the Commonwealth of Virginia, 1830/31, chap. 11
Circuit Superior Courts of Law and Chancery, 1831-1851
- Description of Court
- Location of Court
- Source Information
With the creation of the Circuit Superior Courts of Law and Chancery in 1831, the Superior Courts of Law and the Superior Courts of Chancery were abolished, their combined functions being assumed by the new courts.
Originally, the Circuit Superior Courts of Law and Chancery were grouped into twenty circuits. These circuits were grouped in pairs to compose ten districts. A judge of the Circuit Superior Courts of Law and Chancery had to live in his own district, and the two judges in a particular district alternated in their attendance at the General Court. The number of circuits subsequently was increased.
The Circuit Superior Courts of Law and Chancery were abolished 12 January 1852, the date the state Constitution of 1851 became effective.
Circuit Courts,1852-PRESENT
- Description of Court
- Location of Court
- Source Information
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.
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.
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
APPELLATE COURTS
Supreme Court of Appeals,1779-PRESENT
- Description of Court
- Location of Court
- Source Information
The Supreme Court of Appeals has concurrent original jurisdiction in issuing and hearing writs of habeas corpus, mandamus, and prohibition (i.e., injunction). Its jurisdiction, however, is almost exclusively appellate. Since its creation the Supreme Court of Appeals has had final jurisdiction in civil cases. Prior to 1851 it had no criminal jurisdiction. Its jurisdiction was extended to include criminal cases when the General Court was abolished by the 1851 state Constitution. Then the Supreme Court of Appeals became the state's only court of final appeals, both civil and criminal.
The Supreme Court of Appeals has always had jurisdiction over the entire state. Originally, it met at the state capitol twice yearly, in March and August. However, for the convenience of its litigants it has in the past met at more than one location. Currently, it meets at Staunton in September and at Richmond during the rest or the year.
The Supreme Court of Appeals, as originally established, was composed of the judges of three other state courts, i.e., the five General Court judges, the three Admiralty Court judges, and the three High Court of Chancery judges. Any five judges constituted a quorum. By an act of 22 December 1788, the lower courts ceased to contribute judges to the Court of Appeals. It was organized as a separate tribunal, with five judges chosen by the legislature to continue in office during good behavior. Since then, the number of judges has varied, according to law. The 1851 Constitution caused the judges of the Supreme Court of Appeals, then five in number, to be chosen by popular election from five “sections" of the state. Currently, there are seven judges, now called “justices,” elected by the General Assembly for terms of twelve years.
Hening's Statutes at large, Volume 9, pages 522-525
Special Court of Appeals,1791-PRESENT
- Description of Court
- Location of Court
- Source Information
The Special Court of Appeals remained relatively unimportant until 1848. By that year the Supreme Court or Appeals had accumulated such a backlog or cases that it would have taken eight or nine years to dispose of those then on the docket. Therefore, by an act passed 31 March 1848 the Special Court of Appeals was authorized to receive cases pending on the Supreme Court of Appeals docket in excess of two years.
The Special Court of Appeals was given constitutional status in 1850, a position which it retained in 1864, 1870 and 1902.
Lynchburg (Va.)
Acts Passed at a General Assembly of the Commonwealth of Virginia, 1847/48, chap. 68
State Constitution of 1851, Art. 6, Sec. 12
State Constitution of 1864, Art. 6, Sec. 12
State Constitution or 1870, Art. 6, Sec. 3
State Constitution of 1902, Art. 6, Sec. 89
Military Court of Appeals, 1869-1870
- Description of Court
- Location of Court
The Supreme Court of Appeals resumed its normal role with the adoption of the 1870 State Constitution.