Virginia RULES Teens Learn & Live the Law

Introduction to Virginia’s Judicial System

Introduction Lesson goal: Explain the following: To provide an introductory overview of how Virginia’s courts Today’s lesson is part of the Virginia Rules Program, a are organized and operate. program designed to help teens learn and live the law. Virginia Rules is designed to provide teens with information about Students will learn: laws, with particular emphasis on how the laws apply to their daily lives. • how courts are organized in Virginia Laws are the rules we live by. Not knowing about laws is like • what the different courts do trying to play a game or a sport without knowing the rules. • how cases are brought to and It would be difficult to win the game – or even to be a good heard in local courts player – without knowing the rules. Knowing about laws is • how judges are appointed in especially important because our society is based on the “rule Virginia of law.”

Suggested grade levels: “Rule of law” means everyone must respect and obey the law. Laws reflect what a society thinks is right or wrong. We High school students and expect the legal system that our society has established to advanced middle school students protect basic rights, promote order, and punish wrongdoing. An important feature of the “rule of law” is that rules apply Materials: to everyone. Virginia Rules “Virginia’s Judicial System,” student handout. Today’s lesson focuses on the way that courts are organized Virginia Courts: Where Does this and operate in Virginia. We will first look at the four levels of Case Go? activity handout courts, then see where the courts here in fit within the judicial system. Your Jurisdiction Before the lesson: 1. Read the entire lesson plan. Tell students to refer to the chart on page 1 of their handout that shows the levels of courts in Virginia. 2. Make copies of handouts and any activity/worksheets used in the lesson. 3. Obtain locality- and community-specific information about the District and Circuit Courts. 4. Give thought to appropriate local examples of the problems/issues discussed in the lesson.

OFFICE OF THE ATTORNEY GENERAL Lesson Plans / Virginia’s Judicial System - 1 Explain: That the chart shows the four levels of courts in Virginia and that they’ll be learning about what these courts do in today’s lesson.

At the top is the Supreme Court of Virginia. It has a Chief Justice and six Supreme Court Justices. The Supreme Court reviews decisions of the Court of Appeals and lower courts and handles matters related to the overall operation of Virginia’s judicial system.

Below the Supreme Court is the Court of Appeals. There are 11 Judges on the Virginia Court of Appeals. This court hears appeals from Circuit Courts and cases arising from some state agencies.

Next are Circuit Courts, which are organized into 31 circuits. Circuit Courts hear criminal cases involving serious offenses, civil action involving large monetary claims, and appeals from the District Courts.

Next are District Courts, which are organized into 32 districts. There are two types of District Courts: General District Courts and Juvenile and Domestic Relations District Courts. General District Courts hear traffic cases, criminal cases involving minor offenses, and civil cases involving smaller monetary claims. Juvenile and Domestic Relations District Courts are often referred to as “J and DR” or simply “juvenile” courts. They have authority in matters related to juveniles and to families.

Most criminal cases that go to a General District Court go through magistrates. Most cases that go to a Juvenile and Domestic Relations Court go through an intake officer. You will learn more about what they do in this lesson.

Beginning activity Tell students to look at the map in their student handout. Explain that the map shows the 32 judicial districts into which District Courts are organized. Ask students to find their locality and identify the judicial district it is in.

2 - Virginia’s Judicial System / Lesson Plans VIRGINIA RULES • 2016 When students volunteer the correct response, write the judicial district number on the whiteboard or flip chart; then, tell them where the courthouse is located in their locality.

What courts do Explain that students will next look more closely at what each court does. Ask students to follow along in their handout.

Supreme Court of Virginia Explain: The primary function of the Supreme Court of Virginia is to review decisions of lower courts. Other cases also handled by the Supreme Court include those involving corporations, the conduct of attorneys and judges, and the performance of other public officials. Virginia does not allow an appeal to the Supreme Court as a matter of right except in cases involving the State Corporation Commission, certain disciplinary actions against an attorney, and review of the death penalty.

Virginia Court of Appeals Explain: The Court of Appeals of Virginia provides for review of decisions of the Circuit Courts in traffic infractions, in criminal cases except where a sentence of death has been imposed, and in Circuit Court cases involving domestic relations matters. The Court of Appeals also hears appeals from administrative agencies and the Virginia Workers’ Compensation Commission. Decisions of the Court of Appeals can be appealed to the Supreme Court of Virginia.

Eleven judges serve on the state Court of Appeals. The Court sits at locations designated by the chief judge so as to provide convenient access to the various geographic areas of the Commonwealth. The court sits in panels of at least three judges, and the membership of the panels is rotated.

Circuit Courts Explain: Circuit Courts have jurisdiction over some civil cases, some criminal cases, and appeals from lower courts.

For civil cases, the court has exclusive original jurisdiction in claims exceeding $25,000.

It has concurrent jurisdiction with the General District Courts in claims over $4,500 but not exceeding $25,000. This means that civil cases involving claims exceeding $25,000 must be heard in Circuit Courts, but if the amount is between $4,500 and $25,000 the case may be heard in either the Circuit Court or the General District Court.

The criminal cases heard in Circuit Courts include: • all felonies, and offenses that may be punished by commitment to the state prison. Remember: felonies are more serious crimes that result in longer sentences and higher fines; • misdemeanor charges originating from a grand jury indictment; and • felony offenses committed by juveniles that are transferred from the Juvenile Court.

OFFICE OF THE ATTORNEY GENERAL Lesson Plans / Virginia’s Judicial System - 3 Circuit Courts also hear appeals from the General District Court or J & DR District Court. Cases appealed to the Circuit Court are reheard de novo. This means that cases are heard as completely new cases; all evidence is reheard, and a decision is made based on the evidence.

Decisions of the Circuit Court may be appealed to the Virginia Court of Appeals and in some cases, to the Supreme Court of Virginia.

Ask students if they have any questions about the courts discussed and respond; clarify any information not understood.

Grand juries The Circuit Court judge can also convene a grand jury.

Explain: Grand juries serve two purposes: First purpose: to consider indictments prepared by the Commonwealth’s Attorney. It is important to understand that the grand jury determines whether there is probable cause to believe that the person accused has committed the crime charged in the indictment and should stand trial. Second purpose: to investigate and report concerning any condition which involves or tends to promote criminal activity, either in the community or by any governmental authority, agency, or official. The grand jury has subpoena powers and may summon persons, documents, or records needed in its investigation.

The grand jury hears only the Commonwealth’s side of the case and does not determine the guilt or innocence of the accused.

A regular grand jury is composed of five to seven citizens of the city or county in which the Circuit Court is located. Members of the grand jury must • be citizens of Virginia at least 18 years of age; • have been residents of the state for at least one year; and • have been residents of the county or city in which they are to serve for at least six months.

Citizens selected by the Circuit Court judge should have the characteristics of “honesty, intelligence, and good demeanor.”

Instructor note: This may be an appropriate time to briefly relate a local case example that students may have heard about involving a grand jury indictment. Select a case that received local media coverage, if available.

Ask students if they have any questions about the courts discussed and respond; clarify any information not understood.

General District Courts Explain: There is a General District Court in every city and county in Virginia. A General District Court decides all criminal offenses involving ordinances, laws, and by-laws of the county or city in which it is located and all misdemeanors under state law. A misdemeanor is any charge which carries a penalty of no more

4 - Virginia’s Judicial System / Lesson Plans VIRGINIA RULES • 2016 than one year in jail or a fine of up to $2,500, or both. General District Courts hear criminal cases, civil cases, and traffic cases.

In criminal cases, General District Courts do not conduct jury trials; cases are heard by a judge. As in all criminal cases, each defendant is presumed innocent until proven guilty beyond a reasonable doubt. Upon consideration of evidence, the judge first decides the question of guilt or innocence. If the defendant is found guilty, the judge then determines the penalty. The Code of Virginia defines criminal offenses and the range of penalties to be imposed.

General District Courts also decide civil cases in which the amount in question does not exceed $25,000. Civil cases vary from lawsuits for damages sustained in automobile accidents to lawsuits by creditors to receive payment on past due debts. Claims of less than $5,000 are sometimes heard in what is referred to as “small claims court.”

Traffic cases are also heard in General District Courts. In addition to any fine that the judge imposes, those convicted of certain traffic violations will have “points” assessed against their driver’s licenses by the Virginia Department of Motor Vehicles. Excessive points can result in a license being suspended or revoked.

General District Courts also hold preliminary hearings in felony cases (more serious charges that may be punishable by more than one year in jail). These hearings are held to determine whether there is sufficient evidence to justify holding the defendant for a grand jury hearing. The case then goes to the grand jury, which determines whether the accused will be indicted and held for trial in the Circuit Court.

Decisions in a General District Court may be appealed to the Circuit Court.

Magistrates Many cases that are heard in General District Courts come through magistrates.

Explain: The main job of the magistrate is to provide an independent, unbiased review of complaints brought to the office by police officers, sheriffs, deputies, and citizens and determine whether there is probable cause for a warrant or summons to be issued.

“Probable cause” is a reasonable belief based on facts that would cause a reasonable person to feel that the accused committed the offense.

Magistrates can issue arrest warrants, summonses, bonds, search warrants, subpoenas, and civil warrants.

Another important duty is to conduct bond hearings to set bail in instances in which an individual is charged with a criminal offense.

A magistrate may also accept prepayments for traffic infractions and minor misdemeanors.

Juvenile and Domestic Relations District Court Explain: Now, let’s look at the Juvenile and Domestic Relations District Court. This is the court that hears cases involving juveniles, defined in Virginia law as anyone under 18 years of age.

OFFICE OF THE ATTORNEY GENERAL Lesson Plans / Virginia’s Judicial System - 5 It is important to understand that J & DR District Courts differ from other courts. The welfare of the juvenile and the family, the safety of the community, and the protection of the rights of victims are the highest concern in the court’s proceedings. In addition to protecting the public and holding juvenile offenders accountable for their actions, J & DR Courts have a duty to protect the confidentiality and privacy of juveniles coming before the court and a commitment to rehabilitate those who come before the court. Because of the confidentiality laws, the clerk’s office can only provide limited information about a case and then only to those people involved with the case.

In other respects, J & DR District Courts generally have the same requirements and provide the same safeguards as other courts. This court does not, however, conduct jury trials. All cases are heard by a judge.

There are some terms used in J & DR District Courts that are important to understand: In Virginia, • a juvenile is any person under 18 years of age; • a delinquent is a juvenile who has committed an act which would be a crime if committed by an adult; • a status offender is a juvenile who has committed certain actions which, if committed by adults, would not be considered criminal offenses – such as a curfew violation; • a Child in Need of Supervision is one who engages in truancy or habitually runs away from home; and • a Child in Need of Services is a child whose behavior, conduct, or condition poses a risk of harm to himself or herself or to another person.

J & DR District Courts in Virginia handle cases involving: • juvenile delinquency and status offenses; • juveniles accused of traffic violations; • children in need of services or supervision; • children who have been subjected to abuse or neglect; • adults accused of child abuse or neglect, or of offenses against members of their own family or household members (juvenile or adult); • adults involved in disputes concerning the visitation, support, or custody of a child; • spousal support; • abandonment of children; • foster care and entrustment agreements; • court-ordered rehabilitation services; and • court consent for certain medical treatments.

Decisions in a J & DR Court may be appealed to the Circuit Court.

J & DR intake officers Many cases that are heard in J & DR District Courts come through juvenile intake officers.

Explain: J & DR District Court intake officers receive and review complaints and determine whether there are enough facts to involve the court.

Intake officers are authorized to handle cases informally or may authorize filing a petition to bring the matter before the judge.

6 - Virginia’s Judicial System / Lesson Plans VIRGINIA RULES • 2016 They are also authorized to detain juveniles when necessary.

Intake officers do not handle criminal charges against adults that come into the juvenile court; these go through the magistrate.

Ask students if they have any questions about the courts; discuss and respond; clarify any information not understood.

Appointment of judges Explain: Now let’s learn about how someone becomes a judge in Virginia.

Judges in Virginia are elected by a majority vote of each chamber of the General Assembly.

The judges of Virginia’s District Courts, both the General District and the J & DR, are elected for terms of six years. If there is a vacancy when the General Assembly is not in session, the position can be temporarily filled by the Circuit Court judges of the corresponding circuit until the General Assembly is back in session.

The judges of Virginia’s Circuit Courts are elected for terms of eight years. The governor makes interim appointments when the General Assembly is not in session, but these appointments are subject to confirmation by the General Assembly at the next regular session.

The 11 Court of Appeals judges are elected and receive interim appointments in the same manner as the Circuit Court judges. They serve a term of eight years. The chief judge is elected by a vote of the 11 judges for a term of four years.

The Supreme Court of Virginia is composed of seven justices elected by a majority vote of each chamber of the General Assembly for a term of 12 years. Interim appointments are made by the governor subject to confirmation by the General Assembly at the next regular session. As prescribed by law, the Chief Justice is chosen by the majority vote of the seven justices.

Review activity Organize students into small groups of three to five to complete the activity in the Where does this case go? Activity Handout.

Tell the students that they are to work in the small groups to match the case example with the court that would typically deal with the case. Explain that they should be prepared to give the correct answer and to explain what information they used to select the answer. Give the small groups five to seven minutes to complete; walk around and observe their progress. When groups are finished, • Ask one group to give the answer to #1 and to explain how they decided on the answer. If the first group gives an incorrect answer, call on another group. Emphasize key elements for determining which case goes to which court.

OFFICE OF THE ATTORNEY GENERAL Lesson Plans / Virginia’s Judicial System - 7 • Continue the process of asking groups, one by one, to give the answer and to explain how they decided on the answer. Reinforce correct responses and the key elements for determining the correct court.

Correct answers and key elements in determining the answers are listed in the table below:

Case Correct answer Key elements example #1 D Ben is an adult; charge is a misdemeanor #2 C Jon and Sam are adults; charge is a felony #3 B Appeals from Circuit Court go to the Court of Appeals #4 E Belinda is a juvenile #5 A Supreme Court is the highest court and it reviews death sentences #6 D This is a civil case involving an amount of less than $5,000 #7 E Child abuse and neglect cases are heard in the Juvenile and Domestic Relations Court #8 C This is a civil case and it involves an amount more than $25,000

Review and recap Explain: Today we’ve talked about Virginia’s judicial system.

We have learned that there are four levels of courts in Virginia.

• At the top, the highest court is the Supreme Court of Virginia, which hears appeals from lower courts and handles matters related to the overall operation of Virginia’s judicial system. • Next is the Court of Appeals where there are 11 judges who hear appeals from Circuit Courts. Cases are heard before panels of at least three judges, and hearings are held at locations designated by the chief judge to provide convenient access to the various geographic areas of the Commonwealth. • Next are Circuit Courts, and these are organized into 31 circuits. Circuit Courts hear criminal cases involving serious offenses, civil action involving large monetary claims, and appeals from the District Courts. • Next are District Courts, and these are organized into 32 districts. The two types of District Courts are General District Courts and Juvenile and Domestic Relations District Courts, often referred to as “J & DR” or simply “juvenile” courts. District Courts hear less serious criminal cases, traffic cases, and civil action involving smaller monetary claims. J & DR District Courts have authority in matters related to juveniles and to families. In District Courts there are no juries; cases are heard by judges.

Remind students that if they want to learn even more, they can go to the website of the Supreme Court of Virginia and even link to the courts here in from that website. LOCALITY

Thank students for their attention and participation in today’s lesson.

8 - Virginia’s Judicial System / Lesson Plans VIRGINIA RULES • 2016 Virginia’s Judicial System Pre-/Post-Test Answer Key

1. d 2. c 3. e 4. c 5. e 6. c 7. c 8. a 9. e 10. c

OFFICE OF THE ATTORNEY GENERAL Lesson Plans / Virginia’s Judicial System - 9 Activity Handout

Virginia Courts: Where does this case go?

Match the case examples with the court that would typically handle the case:

A. Supreme Court of Virginia B. Virginia Court of Appeals C. Circuit Court D. General District Court E. Juvenile and Domestic Relations District Court

Case example Court 1. Ben, age 20, filled up with gas and drove off without paying. He was caught and charged with petit larceny which is a Class 1 misdemeanor. In which court will he be tried? 2. Jon and Sam, both in their 20s, got into a heated argument. Sam pulled a knife and cut Jon very badly. Sam was charged with malicious wounding, a Class 2 felony. In which court will Sam be tried? 3. Kevin was convicted of a felony in Circuit Court. He thinks important evidence was not allowed to be heard and decides to appeal the conviction. In which court would the appeal be heard? 4. Belinda, age 15, shoplifts items worth about $100. In which court will her case be heard? 5. William was convicted of the murders of three people and sentenced to death. What is the highest court that can review the conviction? 6. An 8-year-old boy was playing in his yard when a neighbor’s dog came into the yard and bit him. The boy had $350 in medical bills that the neighbor refused to pay. The boy’s parents decided to sue the neighbor to recover the $350 in expenses. Which court has jurisdiction? 7. An investigation by Child Protective Services finds evidence of child abuse. In which court will the case be heard? 8. Mrs. Brown was injured while shopping at a home improvement center when a large box containing heavy plumbing fixtures fell on her head from a high shelf. Because of her injuries, she was unable to work for three months and accumulated $26,000 in medical bills. She decided to sue for lost wages and the medical expenses. Which court has jurisdiction?

10 - Virginia’s Judicial System / Lesson Plans VIRGINIA RULES • 2016 Virginia’s Judicial System Pre-/Post-Test

1. In Virginia, there are ______levels of state courts. a. 12 b. 8 c. 6 d. 4 e. 16

2. The Virginia court that handles matters related to the overall operation of Virginia’s judicial system is: a. Virginia Court of Appeals b. Circuit Court c. Virginia Supreme Court d. General District Court e. Juvenile and Domestic Relations District Court

3. Appeals from Circuit Courts are heard in the: a. Virginia Supreme Court b. Virginia Court of Appeals c. General District Court d. District Appeals Court e. a and b

4. Appeals from General District Courts are heard in the: a. Virginia Supreme Court b. Virginia Court of Appeals c. Circuit Court d. Juvenile and Domestic Relations District Court e. District Appeals Court

OFFICE OF THE ATTORNEY GENERAL Lesson Plans / Virginia’s Judicial System - 11 Virginia’s Judicial System Pre-/Post-Test

5. General District Courts hear the following types of cases: a. Criminal cases b. Civil cases c. Local appeals d. Traffic cases e. a, b, and d

6. Persons who provide an independent review of complaints and determine whether there is probable cause are a. Grand juries b. Juries c. Magistrates d. Clerks of Court e. Commonwealth’s Attorneys

7. An adult charged with a misdemeanor will be tried in ______Court. a. Virginia Supreme Court b. Virginia Court of Appeals c. General District Court d. Juvenile and Domestic Relations District Court e. Circuit Court

8. An adult charged with a felony will be tried in ______Court. a. Circuit Court b. Virginia Supreme Court c. Virginia Court of Appeals d. General District Court e. Juvenile and Domestic Relations District Court

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9. Juvenile and Domestic Relations District Courts hear cases involving: a. Juvenile delinquency and status offenses b. Adults who have been accused of child abuse or neglect c. Adults who have been accused of offenses against their family or household members d. Juveniles accused of traffic violations e. All of the above

10. Judges in Virginia are: a. Elected by citizens b. Appointed by the governor c. Elected by a majority vote each chamber of the Virginia General Assembly d. Appointed by the Chief Justice of the Supreme Court e. Selected by the Virginia Bar Association

OFFICE OF THE ATTORNEY GENERAL Lesson Plans / Virginia’s Judicial System - 13 Notes

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