You probably don't think about the Virginia State Supreme Court until a massive election map gets redrawn or a high-stakes corporate battle hits the headlines in Richmond. That’s a mistake. Most people assume the "big" legal stuff happens in D.C. at the federal level, but honestly? The seven justices sitting in that building on Bank Street have way more immediate impact on your life, your property taxes, and your civil rights than the folks in robes across the Potomac.
The court is small. Just seven people. They serve twelve-year terms, which is a lifetime in politics. Because the General Assembly elects them, the court often reflects the long-term "vibes" of Virginia’s shifting political identity, even if the justices try to play it straight down the middle. It’s a fascinating, sometimes clunky system that dates back to the 1700s but handles 21st-century tech disputes and modern constitutional crises every single week.
How the Virginia State Supreme Court Operates Behind the Scenes
Most folks think a "Supreme Court" is just a place where lawyers yell at each other in front of a bench. It’s not. In Virginia, it’s mostly a massive pile of paperwork and "petitions for appeal." You don't have an automatic right to have your case heard here for most civil matters. You have to ask. You have to beg, basically. The justices and their clerks sift through thousands of these petitions, and they only pick a tiny fraction—the ones that actually matter for the "uniformity of the law."
The court is led by the Chief Justice, currently S. Bernard Goodwyn. He’s been on the bench since 2007, originally appointed by Tim Kaine. If you look at the roster—Justice Powell, Justice McCullough, Justice Chafin, Justice Mann—you see a mix of backgrounds. Some were prosecutors; some were trial judges. That mix is vital because they aren't just deciding "guilty or innocent." They are deciding what the law means for every lower court in the Commonwealth. When they make a ruling, every circuit court from Fairfax to Abingdon has to fall in line. Immediately.
The workload is brutal. They deal with everything from attorney disciplinary actions to the massive constitutional questions. A few years ago, the court was the final word on the removal of the Robert E. Lee statue in Richmond. That wasn't just a "social issue" case; it was a complex property law and deed restriction case. The court had to untangle promises made in the 1800s to decide if the state had the right to change its mind in 2021. They ruled it did.
The Election Process: The Weirdest Part of Virginia Law
Virginia is one of only two states where the legislature elects judges. South Carolina is the other one. Most states have popular elections or a governor who just picks someone. In Virginia, the House of Delegates and the Senate have to agree. It’s a process full of horse-trading and behind-the-scenes lobbying.
If a seat opens up while the legislature isn't in session, the Governor can appoint someone temporarily. But that person has to be confirmed later. This creates a weird dynamic. A justice has to stay in the good graces of the General Assembly to get re-elected after those twelve years are up. Does it make them political? They’d tell you "no." But anyone who’s watched a judicial election in Richmond knows the tension is real.
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Why the Recent Expansion of the Court of Appeals Matters to the Supreme Court
For a long time, the Virginia State Supreme Court was drowning. They were the only stop for almost every appeal. To fix this, the General Assembly recently expanded the intermediate Court of Appeals from 11 judges to 17. They also gave people an "appeal of right."
This changed everything.
Before this, if you lost a civil case, you might never get an appellate judge to actually look at your merits. Now, the Court of Appeals takes the heavy lifting. This allows the Supreme Court to act more like the U.S. Supreme Court—a "court of discretionary review." They can focus on the big, hairy, complicated questions of law. If you’re a business owner in Virginia, this is huge. It means the highest court isn't bogged down by routine stuff; they’re looking at the precedents that define how contracts work or how liability is handled in the Commonwealth.
The Role of "Writs" and Original Jurisdiction
Don't ignore the "Original Jurisdiction" powers. Usually, cases go up the ladder: General District, Circuit, Court of Appeals, Supreme Court. But sometimes, you can go straight to the top. This happens through things called "writs."
- Habeas Corpus: Challenging why someone is being held in jail.
- Mandamus: Ordering a government official to do their job.
- Prohibition: Telling a lower court to stop doing something it doesn't have the power to do.
During election season, these writs fly fast and loud. If there's a dispute over a ballot or a candidate's eligibility, you'll often see lawyers bypassing the lower courts to get an emergency ruling from the seven justices. It’s the legal version of a "fast pass" at a theme park, but with much higher stakes for democracy.
The Physicality of the Law: Bank Street and the Clerk’s Office
If you ever walk around Capitol Square in Richmond, the Supreme Court building is that imposing structure near the Governor’s Mansion. It feels old. It feels heavy. Inside, the courtroom is surprisingly intimate. There’s a sense of "Old Virginia" there—lots of wood, hushed tones, and a very strict dress code.
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The Clerk of the Court, currently Muriel-Theresa Pitney, is basically the gatekeeper. The Clerk’s office handles the filings that keep the wheels of justice turning. If you miss a deadline by five minutes? You’re probably done. The Virginia State Supreme Court is notorious for being strict on procedural rules. You can have the best legal argument in the history of the world, but if you didn't follow the "Rules of the Supreme Court of Virginia" regarding the size of your font or the way your appendix is bound, they might just toss your case. Honestly, it’s heartbreaking to watch, but they argue it’s the only way to stay organized.
Nuance in the Rulings: It’s Not Just Red vs. Blue
People love to categorize the justices as "conservative" or "liberal." In Virginia, it’s rarely that simple. Because of our state’s specific history with "Dillon’s Rule"—which basically says local governments only have the power the state explicitly gives them—the Supreme Court often acts as a referee between cities and the state.
You might see a "conservative" justice rule against a local government’s tax plan because it violates a strict reading of the state constitution. Or a "liberal" justice might uphold a tough criminal sentence because the legislative intent was clear. They are "originalists" in a very Virginian sense; they care deeply about the specific wording of the Virginia Constitution, which is a much more detailed document than the federal one.
Take property rights. Virginia is a "property rights" state. The Supreme Court here is historically very protective of what you can do with your land. If a utility company wants to run a pipeline through your farm, the cases that land at the Supreme Court are where the real fight happens. They weigh the "public use" against the "private right." These aren't soundbite issues. They are 50-page opinions full of references to cases from 1840.
Looking Ahead: The Court in 2026 and Beyond
As Virginia continues to grow—especially in the "Golden Crescent" from Northern Virginia down to Hampton Roads—the court is facing new types of cases. We're seeing more disputes over data centers in Loudoun County, renewable energy mandates, and the limits of executive power during emergencies.
The court’s composition will likely stay relatively stable for the next few years, but keep an eye on the 2027-2028 window. That’s when the political makeup of the General Assembly could lead to a shift in who gets those twelve-year seats. If the legislature flips parties, the interviews for new justices get... interesting.
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One thing is certain: the Virginia State Supreme Court is the ultimate shield for the state's constitution. Whether you agree with their rulings or not, the level of intellectual rigor they apply is objectively high. They aren't just bureaucrats. They are the final thinkers in a system designed to move slowly and deliberately.
Actionable Insights for Dealing with the Virginia Legal System
If you ever find yourself involved in a case that might head toward the Supreme Court, or if you're just a concerned citizen, here is what you need to keep in mind:
1. Watch the Court of Appeals first. Since the 2021 expansion, the Court of Appeals is where 90% of the "action" is. If a case gets "reversed and remanded" there, it usually never even smells the Supreme Court. Track their opinions on the Virginia Judiciary website to see where the law is heading.
2. Procedure is King. If you are a pro se litigant (representing yourself), you are at a massive disadvantage. The Virginia State Supreme Court follows "The Rules" with zero flexibility. If you're serious about an appeal, you need an appellate specialist, not just a general trial lawyer. There is a specific "art" to writing a Petition for Appeal that actually gets noticed.
3. Read the Dissents. Sometimes the most important writing isn't the majority opinion. When a justice like Justice Mann or Justice McCullough writes a scathing dissent, they are often laying the groundwork for a future law change in the General Assembly. Legislators read these dissents to find "bugs" in the current laws that they need to "patch" with new legislation.
4. Check the Calendar. The court sits in "sessions." They aren't there every day of the year. They usually hear oral arguments in Richmond for one week every two months. These sessions are open to the public. If you want a masterclass in legal debating, go sit in the gallery. It’s free, it’s quiet, and it’s where the actual power in Virginia resides.
5. Understand the "Rule of Three." When a petition for appeal comes in, it’s usually reviewed by a panel of three justices first. If they all say "no," you’re likely done. If one or more think there’s meat on the bone, it goes to the full court. Understanding this threshold helps manage expectations for how hard it is to actually get a "Day in Supreme Court."
The Virginia State Supreme Court remains a bedrock of the Commonwealth's identity—formal, tradition-bound, and incredibly powerful. Paying attention to it is the only way to truly understand how power functions in Virginia.