Virginia § 51.1-309 - Appearance as counsel in certain forums prohibited
Full text of Virginia Code of Virginia § 51.1-309 — Appearance as counsel in certain forums prohibited, with citation guidance and answers to common questions.
§ 51.1-309. Appearance as counsel in certain forums prohibited
A. No former justice or judge of a court of record of the Commonwealth and no former full-time judge of a court not of record of the Commonwealth, who is retired and receiving retirement benefits under the provisions of the Judicial Retirement System, shall appear as counsel in any case in any court of the Commonwealth.
B. No former member of the State Corporation Commission or Virginia Workers' Compensation Commission, who is retired and receiving retirement benefits under the provisions of the Judicial Retirement System, shall appear as counsel in any case before the Commission of which he was formerly a member.
C. The provisions of subsection A shall not be applicable if the retired justice or judge is not authorized for or assigned to temporary recall by the Chief Justice of the Supreme Court, the Chief Judge of the Court of Appeals, or the House and Senate Committees for Courts of Justice and either (i) (a) the retired judge or justice has been retired for at least two years; (b) the retired justice or judge is appearing as counsel, pro bono, for an indigent person in a civil matter; (c) such civil matter is assigned or referred to the retired justice or judge by a nonprofit legal aid program organized under the auspices of the Virginia State Bar; and (d) the retired justice or judge is not an employee, officer, or board member of such nonprofit legal aid program or (ii) the retired justice or judge is at least 67 years of age and is eligible to receive full Social Security benefits. Nothing herein shall relieve the retired justice or judge from having obtained any license or meeting any requirement in connection with the appearance as counsel as required by law, rule, or regulation. A retired justice or judge shall not be eligible to be authorized for or assigned to temporary recall after such time that he appears as private counsel pursuant to this subsection.
1970, c. 778, § 51-179; 1975, c. 188; 1980, c. 138; 1990, c. 832; 2011, c. 705; 2018, c. 709; 2023, c. 552.
Source: official Virginia text · Last verified 2026-08-27
Frequently Asked Questions About Virginia § 51.1-309
What does Code of Virginia § 51.1-309 cover?
Section 51.1-309 ("Appearance as counsel in certain forums prohibited") is part of the Code of Virginia, the codified statutory law of Virginia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Virginia § 51.1-309?
A common citation format is "Code of Virginia § 51.1-309" (Virginia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Virginia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Virginia official source linked on this page or consult a licensed Virginia attorney.
How does Virginia § 51.1-309 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Virginia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Virginia.