{"law_id":"782651","section_number":"15.2-1643","catch_line":"Circuit courts to order court facilities to be repaired","history":"Code 1950, \u00a7 15-693.1; 1962, c. 623, \u00a7 15.1-267; 1975, c. 444; 1979, c. 507; 1997, c. 587; 2002, c. 758; 2012, cc. 805, 836.","order_by":null,"metadata":false,"court_decisions":{},"official_url":"http:\/\/law.lis.virginia.gov\/vacode\/15.2-1643\/","refers_to":false,"url":"\/15.2-1643\/","token":"15.2\/II\/16\/8\/15.2-1643","structure":{"1":{"id":"2266","name":"Courthouses","identifier":"8","label":"article","url":"\/15.2\/II\/16\/8\/"},"2":{"id":"326","name":"Local Constitutional Officers, Courthouses And Supplies","identifier":"16","label":"chapter","url":"\/15.2\/II\/16\/"},"3":{"id":"62","name":"Powers Of Local Government","identifier":"II","label":"subtitle","url":"\/15.2\/II\/"},"4":{"id":"46","name":"Counties, Cities And Towns","identifier":"15.2","label":"title","url":"\/15.2\/"}},"referred_to_by":false,"edition_id":"11","section_id":"782651","structure_id":"2266","full_text":"A When it appears to the circuit court for any county or city, from the report of persons appointed to examine the court facilities, or otherwise, that the court facilities of such county or city are insecure, out of repair, or otherwise pose a danger to the health, welfare and safety of court employees or the public, the court shall enter an order, in the name and on behalf of the Commonwealth against the supervisors of the county, or the members of the council of the city, as the case may be, to show cause why a mandamus should not issue, commanding them to cause the court facilities of such county or city to be made secure, or put in good repair, or rendered otherwise safe as the case may be, and to proceed as in other cases of mandamus, to cause the necessary work to be done. The court shall cause a copy of such order to be served upon each supervisor or member of the council, as the case may be.\r\rB Upon the entry of such order, as provided in subsection A hereof, the chief judge of the circuit shall forthwith notify the Chief Justice of the Supreme Court of the entry thereof. Upon receipt of the notice, the Chief Justice shall assign a judge of a circuit remote from the circuit wherein the repairs are alleged to be necessary to hear and determine whether, after consideration of such matters as set forth in subdivisions 1 through 4, the court facilities are in fact insecure or out of repair or otherwise pose a danger to the health, welfare and safety of court employees or the public and the extent to which repairs, if any, are necessary.Before a mandamus is issued, if the concerned governing body elects, or if the pleadings allege that the court facilities are in fact insecure or out of repair, or otherwise pose a danger to the health, welfare and safety of court employees or the public, the local governing body shall appoint a five-member panel, three of whom shall be qualified by training and experience as either an architect or a professional engineer, not representing the same firms, to review the court facilities in question and make recommendations to the local governing body and circuit court judge assigned by the Chief Justice concerning the construction or repairs deemed necessary.In making their recommendations, the panel shall consider matters such as, but not limited to, the following:\r\rC If, after hearing, the court finds that the court facilities are not insecure or out of repair or otherwise unsafe, or having been in such condition, that the necessary repairs have been made, the court shall vacate the order. If the court finds that the court facilities are insecure or out of repair or otherwise unsafe, it shall issue its mandamus as provided in subsection A.\r\rD Appeals shall be allowed to the Supreme Court of Virginia as appeals from courts of equity are allowed.\r\rE Nothing in this section shall be construed to authorize a circuit court to require that an additional or replacement courthouse be constructed.\r\r","text":{"0":{"id":"2524346","text":"When it appears to the circuit court for any county or city, from the report of persons appointed to examine the court facilities, or otherwise, that the court facilities of such county or city are insecure, out of repair, or otherwise pose a danger to the health, welfare and safety of court employees or the public, the court shall enter an order, in the name and on behalf of the Commonwealth against the supervisors of the county, or the members of the council of the city, as the case may be, to show cause why a mandamus should not issue, commanding them to cause the court facilities of such county or city to be made secure, or put in good repair, or rendered otherwise safe as the case may be, and to proceed as in other cases of mandamus, to cause the necessary work to be done. The court shall cause a copy of such order to be served upon each supervisor or member of the council, as the case may be.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1},"1":{"id":"2524347","text":"Upon the entry of such order, as provided in subsection A hereof, the chief judge of the circuit shall forthwith notify the Chief Justice of the Supreme Court of the entry thereof. Upon receipt of the notice, the Chief Justice shall assign a judge of a circuit remote from the circuit wherein the repairs are alleged to be necessary to hear and determine whether, after consideration of such matters as set forth in subdivisions 1 through 4, the court facilities are in fact insecure or out of repair or otherwise pose a danger to the health, welfare and safety of court employees or the public and the extent to which repairs, if any, are necessary.Before a mandamus is issued, if the concerned governing body elects, or if the pleadings allege that the court facilities are in fact insecure or out of repair, or otherwise pose a danger to the health, welfare and safety of court employees or the public, the local governing body shall appoint a five-member panel, three of whom shall be qualified by training and experience as either an architect or a professional engineer, not representing the same firms, to review the court facilities in question and make recommendations to the local governing body and circuit court judge assigned by the Chief Justice concerning the construction or repairs deemed necessary.In making their recommendations, the panel shall consider matters such as, but not limited to, the following:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1},"2":{"id":"2524348","text":" Security provisions to safeguard court personnel, participants and the public;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2},"3":{"id":"2524349","text":" Efficient layout and circulation patterns to maximize public access, promote efficient operations, and accommodate the diverse users;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2},"4":{"id":"2524350","text":" Provision of administrative and service areas, judges’ chambers, hearing rooms, conference rooms, prison holding areas, and public information areas; and","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2},"5":{"id":"2524351","text":" Comfort, safety and obsolescence of the existing facility or any part thereof.The existing facilities shall be considered in relationship to their location and the extent of their use, and their failure to meet any of these general considerations shall not necessarily be deemed a cause for determining them inadequate.In making their recommendations, the panel may consult recognized national standard works in the field.All costs, fees and expenses of the five-member panel, after approval by the local governing body, shall be paid by the county or city that appointed the panel.","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2},"6":{"id":"2524352","text":"If, after hearing, the court finds that the court facilities are not insecure or out of repair or otherwise unsafe, or having been in such condition, that the necessary repairs have been made, the court shall vacate the order. If the court finds that the court facilities are insecure or out of repair or otherwise unsafe, it shall issue its mandamus as provided in subsection A.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1},"7":{"id":"2524353","text":"Appeals shall be allowed to the Supreme Court of Virginia as appeals from courts of equity are allowed.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1},"8":{"id":"2524354","text":"Nothing in this section shall be construed to authorize a circuit court to require that an additional or replacement courthouse be constructed.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1}},"ancestry":{"1":{"id":"2266","name":"Courthouses","identifier":"8","label":"article","url":"\/15.2\/II\/16\/8\/"},"2":{"id":"326","name":"Local Constitutional Officers, Courthouses And Supplies","identifier":"16","label":"chapter","url":"\/15.2\/II\/16\/"},"3":{"id":"62","name":"Powers Of Local Government","identifier":"II","label":"subtitle","url":"\/15.2\/II\/"},"4":{"id":"46","name":"Counties, Cities And Towns","identifier":"15.2","label":"title","url":"\/15.2\/"}},"structure_contents":{"0":{"id":"795281","structure_id":"2266","section_number":"15.2-1638","catch_line":"County or city governing body to provide courthouse, clerk's office, jail and suitable facilities for attorney for the Commonwealth; acquisition of land","url":"\/15.2-1638\/","token":"15.2\/II\/16\/8\/15.2-1638"},"1":{"id":"788380","structure_id":"2266","section_number":"15.2-1639","catch_line":"Providing offices for various officers, judges, etc","url":"\/15.2-1639\/","token":"15.2\/II\/16\/8\/15.2-1639"},"2":{"id":"779545","structure_id":"2266","section_number":"15.2-1640","catch_line":"Renting rooms in courthouse","url":"\/15.2-1640\/","token":"15.2\/II\/16\/8\/15.2-1640"},"3":{"id":"790776","structure_id":"2266","section_number":"15.2-1641","catch_line":"Leasing or other use of other buildings","url":"\/15.2-1641\/","token":"15.2\/II\/16\/8\/15.2-1641"},"4":{"id":"773646","structure_id":"2266","section_number":"15.2-1642","catch_line":"Certain conveyances of courthouse grounds validated","url":"\/15.2-1642\/","token":"15.2\/II\/16\/8\/15.2-1642"},"5":{"id":"782651","structure_id":"2266","section_number":"15.2-1643","catch_line":"Circuit courts to order court facilities to be repaired","url":"\/15.2-1643\/","token":"15.2\/II\/16\/8\/15.2-1643"},"6":{"id":"791145","structure_id":"2266","section_number":"15.2-1644","catch_line":"Petition for removal of county courthouse; writ of election","url":"\/15.2-1644\/","token":"15.2\/II\/16\/8\/15.2-1644"},"7":{"id":"793945","structure_id":"2266","section_number":"15.2-1645","catch_line":"How election held and conducted","url":"\/15.2-1645\/","token":"15.2\/II\/16\/8\/15.2-1645"},"8":{"id":"796640","structure_id":"2266","section_number":"15.2-1646","catch_line":"Certification of result to board of supervisors; procuring land and buildings; relocation to contiguous land","url":"\/15.2-1646\/","token":"15.2\/II\/16\/8\/15.2-1646"},"9":{"id":"776661","structure_id":"2266","section_number":"15.2-1647","catch_line":"Removal of court","url":"\/15.2-1647\/","token":"15.2\/II\/16\/8\/15.2-1647"},"10":{"id":"790594","structure_id":"2266","section_number":"15.2-1648","catch_line":"Donation of land and money","url":"\/15.2-1648\/","token":"15.2\/II\/16\/8\/15.2-1648"},"11":{"id":"776145","structure_id":"2266","section_number":"15.2-1650","catch_line":"When and how council to issue bonds; payment of interest; sinking fund","url":"\/15.2-1650\/","token":"15.2\/II\/16\/8\/15.2-1650"},"12":{"id":"771306","structure_id":"2266","section_number":"15.2-1651","catch_line":"When supervisors may issue bonds of county","url":"\/15.2-1651\/","token":"15.2\/II\/16\/8\/15.2-1651"},"13":{"id":"774350","structure_id":"2266","section_number":"15.2-1653","catch_line":"Ascertaining results","url":"\/15.2-1653\/","token":"15.2\/II\/16\/8\/15.2-1653"},"14":{"id":"768659","structure_id":"2266","section_number":"15.2-1654","catch_line":"Contest of election","url":"\/15.2-1654\/","token":"15.2\/II\/16\/8\/15.2-1654"},"15":{"id":"768401","structure_id":"2266","section_number":"15.2-1655","catch_line":"No other election held for ten years","url":"\/15.2-1655\/","token":"15.2\/II\/16\/8\/15.2-1655"}},"previous_section":{"id":"773646","structure_id":"2266","section_number":"15.2-1642","catch_line":"Certain conveyances of courthouse grounds validated","url":"\/15.2-1642\/","token":"15.2\/II\/16\/8\/15.2-1642"},"next_section":{"id":"791145","structure_id":"2266","section_number":"15.2-1644","catch_line":"Petition for removal of county courthouse; writ of election","url":"\/15.2-1644\/","token":"15.2\/II\/16\/8\/15.2-1644"},"references":[{"id":"778293","section_number":"15.2-734","catch_line":"Purchase, sale, exchange, or lease of real property","url":"\/15.2-734\/"}],"formats":{"txt":"\/15.2-1643.txt","json":"\/15.2-1643.json","xml":"\/15.2-1643.xml"},"dublin_core":{"Title":"Circuit courts to order court facilities to be repaired","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-1643","Relation":"Code of Virginia"},"plain_text":"                                 CODE OF VIRGINIA\n\nCIRCUIT COURTS TO ORDER COURT FACILITIES TO BE REPAIRED (\u00a7 15.2-1643)\n\nA. When it appears to the circuit court for any county or city, from the report\nof persons appointed to examine the court facilities, or otherwise, that the\ncourt facilities of such county or city are insecure, out of repair, or\notherwise pose a danger to the health, welfare and safety of court employees or\nthe public, the court shall enter an order, in the name and on behalf of the\nCommonwealth against the supervisors of the county, or the members of the\ncouncil of the city, as the case may be, to show cause why a mandamus should not\nissue, commanding them to cause the court facilities of such county or city to\nbe made secure, or put in good repair, or rendered otherwise safe as the case\nmay be, and to proceed as in other cases of mandamus, to cause the necessary\nwork to be done. The court shall cause a copy of such order to be served upon\neach supervisor or member of the council, as the case may be.\n\nB. Upon the entry of such order, as provided in subsection A hereof, the chief\njudge of the circuit shall forthwith notify the Chief Justice of the Supreme\nCourt of the entry thereof. Upon receipt of the notice, the Chief Justice shall\nassign a judge of a circuit remote from the circuit wherein the repairs are\nalleged to be necessary to hear and determine whether, after consideration of\nsuch matters as set forth in subdivisions 1 through 4, the court facilities are\nin fact insecure or out of repair or otherwise pose a danger to the health,\nwelfare and safety of court employees or the public and the extent to which\nrepairs, if any, are necessary.Before a mandamus is issued, if the concerned\ngoverning body elects, or if the pleadings allege that the court facilities are\nin fact insecure or out of repair, or otherwise pose a danger to the health,\nwelfare and safety of court employees or the public, the local governing body\nshall appoint a five-member panel, three of whom shall be qualified by training\nand experience as either an architect or a professional engineer, not\nrepresenting the same firms, to review the court facilities in question and make\nrecommendations to the local governing body and circuit court judge assigned by\nthe Chief Justice concerning the construction or repairs deemed necessary.In\nmaking their recommendations, the panel shall consider matters such as, but not\nlimited to, the following:\n\n   1.  Security provisions to safeguard court personnel, participants and the\n   public;\n\n   2.  Efficient layout and circulation patterns to maximize public access,\n   promote efficient operations, and accommodate the diverse users;\n\n   3.  Provision of administrative and service areas, judges’ chambers,\n   hearing rooms, conference rooms, prison holding areas, and public information\n   areas; and\n\n   4.  Comfort, safety and obsolescence of the existing facility or any part\n   thereof.The existing facilities shall be considered in relationship to their\n   location and the extent of their use, and their failure to meet any of these\n   general considerations shall not necessarily be deemed a cause for determining\n   them inadequate.In making their recommendations, the panel may consult\n   recognized national standard works in the field.All costs, fees and expenses\n   of the five-member panel, after approval by the local governing body, shall be\n   paid by the county or city that appointed the panel.\n\nC. If, after hearing, the court finds that the court facilities are not insecure\nor out of repair or otherwise unsafe, or having been in such condition, that the\nnecessary repairs have been made, the court shall vacate the order. If the court\nfinds that the court facilities are insecure or out of repair or otherwise\nunsafe, it shall issue its mandamus as provided in subsection A.\n\nD. Appeals shall be allowed to the Supreme Court of Virginia as appeals from\ncourts of equity are allowed.\n\nE. Nothing in this section shall be construed to authorize a circuit court to\nrequire that an additional or replacement courthouse be constructed.\n\nHISTORY: Code 1950, \u00a7 15-693.1; 1962, c. 623, \u00a7 15.1-267; 1975, c. 444; 1979,\nc. 507; 1997, c. 587; 2002, c. 758; 2012, cc. 805, 836."}