Clerk's Correspondence and other Records, 1918-2006

Access and use

Location of collection:
Virginia State Law Library, Supreme Court of Virginia
Virginia State Law Library
Supreme Court of Virginia
100 North Ninth Street
Richmond, VA 23219
Contact for questions and access:
POC: Ashley Vavra, Librarian-Archivist
Phone: (804) 225-2739
Phone: (804) 786-2075

Summary

Creator:
Virginia. Supreme Court. Office of the Clerk.
Language:
English

Background

Scope and content:

The collection contains correspondence files of the Office of the Clerk, Supreme Court of Virginia, documenting the Clerk's role in managing the records of the Court, maintaining communication with justices in their offices across the state, and managing administrative issues, especially during the period 1933 to 1952. The collection also contains records documenting the ceremonial history of the court.

Biographical / historical:

The Supreme Court of Appeals of Virginia was created by an act of the new General Assembly in 1779. Its jurisdiction was primarily appellate, and its members were elected by the legislature. The Constitution of 1870 required that annual sessions be held away from Richmond in the localities of Wytheville, Staunton, and Winchester. This mandate from the days of horse and buggy travel continued into the twentieth century, with sessions being held in Staunton as late as September, 1970.

By Constitutional amendment in 1928, the number of justices was increased from five to seven and the title of the presiding officer of the Court was changed from President to Chief Justice. At the same time, the amendment significantly increased the power given the Supreme Court by permitting the Court to prescribe forms and to regulate the practice of Virginia's courts. The Constitution of 1971 changed the name of the Court to its present title of Supreme Court of Virginia.

Although the Supreme Court of Virginia possesses both original and appellate jurisdiction, its primary function is to review decisions of lower courts, including the Court of Appeals, from which appeals have been allowed. 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.

The Court's original jurisdiction is limited to cases of habeas corpus (ordering one holding custody to produce the detained person before the Court for the purpose of determining whether such custody is proper), mandamus (ordering the holder of an office to perform his duty), prohibition (ordering a public official to stop an action), and actual innocence (based on biological testing). The Supreme Court also has original jurisdiction in matters filed by the Judicial Inquiry and Review Commission relating to judicial censure and retirement, and removal of judges.

The Supreme Court of Virginia Clerk's Office receives, processes, and maintains permanent records of all appeals and other official documents filed with the Court. The Clerk also maintains records of qualified attorneys and other administrative records.

Maury B. Watts was appointed Clerk in 1933 and served until his death in 1952. Howard G. Turner served from 1952 to 1977, Allen L. Lucy from 1977 to 1984, and David B. Beach from 1984 to 2003. Patricia Harrington was appointed in 2003.

The Special Court of Appeals was established by the General Assembly to relieve congestion of the high court docket by adjudicating cases assigned to it by the state Supreme Court. It met from 1924 to 1928.

The Judicial Council was established by the General Assembly in 1928. It was relatively inactive between 1936 and 1947, when Chief Justice Hudgins revitalized it.

Acquisition information:

These records were transferred from the Clerk's office to the State Law Library in 2006.

Portions of the collection were found in other files after the collection was initially processed and interfiled or added in 2012 and 2013.

Arrangement:

The collection is organized into the following series: Special Court of Appeals records, 1924-1928; Judicial Council correspondence, 1930-1935; 1946; clerk's correspondence with justices, 1917-2005; clerk's general correspondence, 1929-1981; subject files documenting court ceremonies (investitutures, portrait presentations, memorials), anniversaries, and building dedications, 1925-2006; justices' speeches, 1931-1975; court publications, 1983; clippings, 1972; and miscellaneous records, 1936-2005.

Physical description:
5.8 cu. ft. (13 boxes)