Can a Virginia circuit court clerk carry a firearm into the courthouse where they work?

Subject

Whether the term "court officer" in Virginia Code § 18.2-283.1, which generally prohibits weapons in Virginia courthouses, includes the elected clerk of the circuit court, so that the clerk is exempt from the prohibition.

Plain-English summary

Section 18.2-283.1 makes it a crime to carry a gun, ammunition, stun gun, or other dangerous weapon into a Virginia courthouse. The statute lists a long set of people who are exempt while on official duty: police officers, sheriffs, law-enforcement agents and officials, conservation police officers, conservators of the peace, magistrates, "court officer," judges, city and county treasurers, and commissioners and deputy commissioners of the Virginia Workers' Compensation Commission. Senator Obenshain asked whether "court officer" includes the elected clerk of a circuit court.

AG Miyares concluded yes. The Code does not define "court officer," so ordinary meaning controls. Black's Law Dictionary treats "court officer" as synonymous with "officer of the court" and lists "a judge, clerk, bailiff, sheriff, or the like" as examples. The clerk is the elected chief administrator of the local circuit court, responsible for managing court documents, recording orders and pleadings, issuing process, administering oaths, preparing bonds, issuing commitment and release orders, recording real property transactions, and issuing marriage licenses, all of which are duties that fall comfortably within the role of "upholding the law and administering the judicial system."

The AG also pointed out that the other people specifically listed in § 18.2-283.1 (judges, magistrates, sheriffs) would already cover those roles, so reading "court officer" to include the clerk gives the term its own work to do and avoids redundancy. Virginia case law has long referred to clerks as "officers of the court" or "court officers," some of it dating back to 1800. And Code § 17.1-266 already uses the phrase "clerk or other court officer," which assumes the clerk is one type of court officer.

The opinion is limited. The AG did not opine on whether anyone other than the clerk (for example, a deputy clerk) qualifies as a court officer under § 18.2-283.1. Each person seeking the exemption needs to be evaluated on their own role and duties.

What this means for you

Elected circuit court clerks

The opinion holds that an elected circuit court clerk is a "court officer" under § 18.2-283.1 and so falls within the statute's exemption while in the conduct of official duties. The exemption it interprets attaches to that "official duties" language. The opinion does not address open versus concealed carry, federal courthouses, weapons other than firearms, or any separate authority a court might have over its own courtroom.

Deputy clerks and other clerk's office employees

The opinion expressly declines to opine on whether anyone other than the elected clerk qualifies as a "court officer." Its reasoning rests on the clerk's role as elected chief administrator of the circuit court, and it offers no holding that extends to deputy clerks or other office staff.

Chief circuit court judges

The opinion interprets the meaning of "court officer" in one statutory exemption and nothing more. It does not address a court's authority to control its own courtroom, courthouse screening procedures, or how a clerk passes through security.

Sheriffs and courthouse security officers

Sheriffs and law-enforcement personnel are separately listed in § 18.2-283.1's exemption. The opinion adds that the elected circuit court clerk is also exempt as a "court officer." It does not address how screening should be administered.

Citizens with business at the courthouse

The opinion does not change anything for members of the public. Section 18.2-283.1 still bars dangerous weapons in the courthouse for people not within its listed exemptions; this opinion only decides that the elected circuit court clerk is one of the exempt "court officers."

Common questions

Q: Does this exemption apply to a clerk's personal firearm or only to weapons issued for duty?
A: The statute says the exemption applies "while in the conduct of such person's official duties." It does not distinguish between personal and issued firearms. A clerk carrying a personal firearm while performing official clerk duties at the courthouse would be within the exemption's terms.

Q: Does it cover the clerk when they are at the courthouse for personal reasons?
A: Probably not. The statutory phrase "while in the conduct of such person's official duties" is the key limit. A clerk visiting the courthouse on a Saturday for a personal errand is likely outside the exemption, and the general weapons ban would apply.

Q: Does the same logic extend to clerks of district courts (general district court or juvenile and domestic relations district court)?
A: The opinion addresses circuit court clerks specifically. District court clerks are organizationally different (they are appointed, not elected, and report to the Office of the Executive Secretary of the Supreme Court of Virginia rather than running an independent office). The general reasoning may apply, but the AG did not extend the holding to district court clerks, and a careful district court clerk would not assume the exemption without separate guidance.

Q: What about court reporters, law clerks, or bailiffs?
A: Bailiffs and sheriffs' deputies serving in court security roles are typically already exempt as law-enforcement personnel. Court reporters and law clerks are not specifically addressed. The opinion does not extend to them.

Q: Does the exemption apply at federal courthouses?
A: No. Section 18.2-283.1 is a Virginia statute and addresses Virginia courthouses. Federal facilities are governed by federal law, which the opinion does not address.

Q: Does this opinion address a judge's authority to bar weapons from a particular courtroom?
A: No. The opinion interprets only the meaning of "court officer" in the § 18.2-283.1 exemption. It does not speak to any separate authority a court may have over its own courtroom.

Background and statutory framework

Section 18.2-283.1 creates a general ban on dangerous weapons in courthouses, subject to a list of exempt persons that includes police officers, sheriffs, magistrates, judges, "court officer," city and county treasurers, and Workers' Compensation Commissioners, each "while in the conduct of such person's official duties." The interpretive question was whether the elected circuit court clerk falls within the unlisted-but-included "court officer" category.

The interpretive question turned on the meaning of "court officer." The AG used several reinforcing tools to reach the conclusion that the clerk is a court officer:

• Plain-meaning analysis using Black's Law Dictionary's definition of "court officer" / "officer of the court";
• The statutory canon against surplusage: reading "court officer" to mean only judges, sheriffs, and magistrates would make the term redundant with adjacent listed exemptions;
• Statutory cross-reference: § 17.1-266 already uses "clerk or other court officer," treating "clerk" as a subcategory of "court officer";
• Historical Virginia case law treating clerks as officers of the court, including Mayo v. Bentley (1800) and Anglea v. Commonwealth (1853);
• Policy reasoning: clerks have closer working relationships with judges and courthouse staff than treasurers and Workers' Compensation Commissioners do, and excluding clerks while including those officials would create an anomaly.

The opinion expressly does not address whether deputy clerks or any other personnel besides the elected circuit court clerk are "court officers." Anyone in the clerk's office relying on this opinion should check with counsel.

Citations and references

Statutes:

• Va. Code Ann. § 18.2-283.1 (courthouse weapons ban)
• Va. Code Ann. § 17.1-266 ("clerk or other court officer")

Cases:

• Mayo v. Bentley, 8 Va. 528 (1800) (clerk as "officer of the court")
• Caldwell v. Commonwealth, 221 Va. 291 (1980) ("clerk or any other court officer")
• Colbert v. Commonwealth, 47 Va. App. 390 (2006) (statutory construction)
• Ferrara v. Commonwealth, 299 Va. 438 (2021) (canon against surplusage)
• Jones v. Conwell, 227 Va. 176 (1984) (give effect to every word)

Source

• Landing page: https://www.oag.state.va.us/annual-reports-opinions/official-opinions
• Original PDF: https://www.oag.state.va.us/files/Opinions/2022/22-029-Obenshain-issued.pdf

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain; the linked PDF is authoritative.

COMMONWEALTH of VIRGINIA

Office of the Attorney General

Jason S. Miyares
Attorney General
202 North Ninth Street
Richmond, Virginia 23219
804-786-2071
Fax 804-786-1991
Virginia Relay Services

September 30, 2022

The Honorable Mark D. Obenshain
Member, Senate of Virginia
Post Office Box 555
Harrisonburg, Virginia 22803

Dear Senator Obenshain:

I am responding to your request for an official advisory opinion in accordance with § 2.2-505 of the Code of Virginia.

ISSUE PRESENTED

You ask whether the term "court officer," as used in Virginia Code § 18.2-283.1, includes the clerk of the circuit court so that the clerk is exempt from the statute's prohibition on possessing a weapon in or transporting a weapon into a courthouse of the Commonwealth.

RESPONSE

It is my opinion that the clerk of a circuit court is a "court officer" for purposes of § 18.2-283.1.

APPLICABLE LAW AND DISCUSSION

Section 18.2-283.1 of the Code of Virginia generally prohibits the carrying of dangerous weapons, including firearms, "into any courthouse in this Commonwealth." The prohibition more specifically extends to "any (i) gun or other weapon designed or intended to propel a missile or projectile of any kind; (ii) frame, receiver, muffler, silencer, missile, projectile, or ammunition designed for use with a dangerous weapon or (iii) other dangerous weapon, including explosives, stun weapons as defined in § 18.2-308.1, and those weapons specified in subsection A of § 18.2-308." Per the statute's terms, however, its prohibitions "shall not apply to any police officer, sheriff, law-enforcement agent or official, conservation police officer, conservator of the peace, magistrate, court officer, judge, city or county treasurer, or commissioner or deputy commissioner of the Virginia Workers' Compensation Commission while in the conduct of such person's official duties."

The term "court officer" is not defined in § 18.2-283.1 or elsewhere in the Code. "Words not defined in a statute are to be construed according to their ordinary meaning," given the context in which they are used. Black's Law Dictionary defines the term "court officer" as synonymous with the term "officer of the court"; "officer of the court" is defined as "[s]omeone who is charged with upholding the law and administering the judicial system" and typically refers to "a judge, clerk, bailiff, sheriff, or the like."

Based on this accepted definition, I find that the clerk of a circuit court falls comfortably within the meaning of the term "court officer" for purposes of § 18.2-283.1. Virginia law clearly establishes that the clerk of court, an elected officer, serves as the chief administrator of the local circuit court, where the clerk's office generally must be housed. Chief among the clerk's duties is the management of all court documents, to include the pleadings and briefs filed in civil and criminal proceedings; orders entered and to be recorded in the order book; and various instruments, such as the records documenting the real property transactions within the jurisdiction. In addition, the clerk issues process, administers oaths, prepares bonds, issues orders for the commitment or release of criminal defendants, and issues marriage licenses. As these tasks are designed to ensure the orderly "administ[ration] of the judicial system," I conclude that circuit court clerks are "court officers" as that term ordinarily is understood.

Moreover, a review of the other persons specifically set forth in § 18.2-283.1 evinces an intent that "court officer" include clerks of circuit courts. The list of exempted persons, "any police officer, sheriff, law-enforcement agent or official, conservation police officer, conservator of the peace, magistrate, court officer, judge, city or county treasurer, or commissioner or deputy commissioner of the Virginia Worker's Compensation Commission," otherwise specifies certain persons to whom "court officer" might refer other than a clerk of court, such as a judge, magistrate, or sheriff. Because constructions of a statute that render any part of the statute useless or superfluous are to be avoided, "court officer" should be read so as to give it a meaning distinct from the other identified exemptions. Interpreting "court officer" to include the clerk of court ensures that § 18.2-283.1 is "read so as to give reasonable effect to every word" of the enactment.

In addition, even in the absence of an overarching definition, circuit court clerks implicitly have been referred to as "court officers" in other contexts. For example, Code § 17.1-266, which exempts the Commonwealth and its localities from payment of certain court fees, refers to the circuit clerk as an "officer" and also makes specific reference to the "clerk or other court officer." An 1848 statute, no longer in effect, similarly referred to the "clerk and other officers of the court." Virginia courts also have included the circuit court clerk among "officers of the court" or "court officers" consistently for more than two centuries.

Policy considerations also support the view that "court officer" as used in § 18.2-283.1 includes the clerk of the circuit court. The statute addresses weapons in courthouses: because the functions of circuit court clerks are primarily judicial in nature, these clerks ordinarily are located within courthouses and have the closest working relationship with judges and other court personnel. That the General Assembly would have exempted treasurers and Workers' Compensation Commissioners from the weapons ban, but not the clerk of the court, would create an anomaly not supported by the text of the statute.

In applying § 18.2-283.1 as written, "[t]he proper course . . . is to search out and follow the true intent of the legislature, and to adopt that sense of the words which harmonizes best with the context, and promotes in the fullest manner the apparent policy and objects of the legislature." Based on the foregoing reasons, I therefore conclude that the exemption afforded a "court officer" under § 18.2-283.1 extends to the clerk of a circuit court.

Because your inquiry is limited to the clerk of the circuit court, I offer no opinion on whether any person other than the clerk might qualify as a "court officer" for purposes of § 18.2-283.1.

CONCLUSION

Accordingly, it is my opinion that the clerk of a circuit court is a "court officer" as that term is used in § 18.2-283.1 and therefore is exempt from that statute's prohibition against possessing a weapon in or transporting a weapon into a courthouse of the Commonwealth.

With kindest regards, I am,

Very truly yours,

Jason S. Miyares
Attorney General