Virginia law outlines procedures for appointing a new judge when the original judge cannot preside over a criminal trial due to conflict of interest, death, sickness, or disability. If a judge is disqualified or incapacitated, another judge is appointed to continue or restart the trial to ensure justice is served. The law also specifies the certification process for the new judge to review the case record before proceeding.
If a judge is disqualified or unable to preside, another judge is appointed to continue or restart the trial, ensuring the case proceeds without delay.
The clerk certifies the disqualification or incapacity to the Chief Justice of the Supreme Court, who then appoints another judge to preside over the case.
Another judge from the same court or designated by the Chief Justice may continue the trial or order a new trial, after reviewing the case record.
Yes, the appointed judge must certify that they have familiarized themselves with the case record before proceeding with or completing the trial.