Did Virginia's 1972-1973 overhaul of the district court system automatically repeal the parts of the Virginia Beach city charter that set up its own municipal courts and clerks?

Plain-English summary

Virginia Beach's current charter was adopted in 1962 (1962 Va. Acts ch. 147), shortly after Princess Anne County and the former town of Virginia Beach consolidated into a single city. Chapter 20 of that charter established the city's own structure for "Administration of Justice": municipal courts, juvenile and domestic relations court, clerks of those courts, transitional rules from the predecessor county and police courts, the High Constable, the Justice of the Peace, and notaries.

In 1972 and 1973, the General Assembly undertook a comprehensive overhaul of Virginia's lower court system, creating today's unified district court structure. The transitional repealing clause, codified as Va. Code § 16.1-69.1, declared that "all provisions of municipal charters, inconsistent with the provisions of this title, as amended, are, except as herein otherwise provided, repealed to the extent of such inconsistency."

Delegate Marcus Simon (also chair of the Virginia Code Commission) asked which Virginia Beach charter sections this repealing clause swept aside. Attorney General Jay Jones walked the charter section by section. The summary:

• § 20.01 (Circuit Court of Virginia Beach): Not repealed by § 16.1-69.1, but largely superseded by the 1998 reorganization of the circuit court system. To the extent it touches district courts, it is repealed by § 16.1-69.6.
• § 20.02 (Circuit court transition): Not repealed; historical only.
• §§ 20.03 - 20.07 (Municipal courts, judges, juvenile and domestic relations court): Repealed by § 16.1-69.1 because § 16.1-69.8 replaced municipal courts with general district courts and city juvenile courts with juvenile and domestic relations district courts.
• § 20.08 (Court transition): Largely repealed in any operative effect; transitional only.
• § 20.09 (Clerks of courts not of record): Repealed by § 16.1-69.1 because §§ 16.1-69.37, 16.1-69.39, and 16.1-69.40 govern clerks.
• § 20.10 (Transfer of records): Repealed by § 16.1-69.1 and by Article 6 of Chapter 4.1 (§ 16.1-69.53 et seq.) added in 1983.
• §§ 20.11 and 20.12 (High Constable and Justice of the Peace): Not repealed by § 16.1-69.1 because these positions sat outside the courts-not-of-record system. Both were instead specifically repealed by 1995 Va. Acts ch. 607.
• § 20.13 (Notaries public): Not repealed; transitional.
• § 20.14 (High Constable, re-established): Re-enacted by 1996 Va. Acts ch. 360 and not repealed.
• § 20.12 (Justice of the Peace): Was abolished by §§ 19.2-31 and 19.2-32 (Justices of the Peace replaced by magistrates).

A complete list of charter provisions and the AG's view on each appears in the Appendix to the opinion.

What this means for you

If you are the Virginia Beach city attorney or city council

You have a clean roadmap for cleaning up Chapter 20 of the city charter. The General Assembly is the body that amends city charters in Virginia, but the council can request a charter revision bill that:

• Repeals the obsolete sections (most of §§ 20.03 through 20.10) outright.
• Cleans up references to abolished positions (Justice of the Peace, the original 1962 High Constable).
• Preserves and modernizes language for the current High Constable role under § 20.14.
• Keeps notary references in step with current Title 47.1 commissions.

Charter revision is not legally required (the AG's view is that the inconsistent sections are already repealed), but a clean charter avoids ongoing confusion for citizens and litigants who read the text and assume it is still in force.

If you are a Virginia Beach High Constable, Sheriff, or deputy

The opinion confirms that the current High Constable position survives. § 20.14 of the charter, re-enacted in 1996, is operative. The Sheriff of Virginia Beach is currently designated by city ordinance to act as the High Constable (City Code § 2-462), which is consistent with the charter language permitting the Sheriff to act in that role. § 8.01-293(B)(iii) of the Virginia Code expressly recognizes the High Constable of the City of Virginia Beach (along with Norfolk's) as one of the officials who "may levy upon property."

If you are a litigator filing or defending a process-service issue in Virginia Beach

You can serve process through the High Constable as currently authorized. The position is real, despite the charter sections that look like they describe outdated court structures. § 8.01-293(B)(iii) is the operative authorization.

If you are on the Virginia Code Commission or a charter revision committee

This opinion is exactly the sort of input the Code Commission can use to support a charter cleanup bill. The Code Commission has historically driven legislation tidying up obsolete language; the opinion provides the legal cover and the section-by-section analysis. If a similar legacy provision exists in any other 1962-era city charter that incorporated its own court structure, the same § 16.1-69.1 analysis presumably applies.

If you are a researcher trying to find current law

Do not rely on the printed Virginia Beach charter for matters relating to district courts, court clerks, or the original High Constable position. Look instead to:

• Title 16.1 of the Virginia Code for district court structure.
• Title 17.1 for circuit court structure.
• Title 19.2 for magistrates (formerly Justices of the Peace).
• City Code §§ 2-462 and 2-463 for the High Constable as currently structured.

Common questions

Q: Why does the AG analyze the city charter section by section rather than declaring it all repealed?
A: § 16.1-69.1 only repeals charter provisions to the extent they are inconsistent with Title 16.1 as amended. A section-by-section analysis is necessary because some provisions (notaries, the post-1996 High Constable, transitional rules of historical interest only) remain operative.

Q: Does this opinion change anything for the public?
A: Not in practice. The actual court structure in Virginia Beach has operated under the unified district court system since 1973. The opinion confirms what has been the operating reality: the 1962 charter language is no longer governing for those issues.

Q: Who pays the High Constable's fees? Are they personal income?
A: Per § 20.14 (1996) and City Code § 2-463, fees collected by the High Constable "shall be deposited into the city treasury for use in the general operation of the city." They are not personal income.

Q: Does the opinion address the Sheriff's role separately?
A: The Sheriff has independent statutory authority (e.g., § 15.2-1609). The opinion notes that the Sheriff "may act as the high constable" under the current charter language, but does not analyze the Sheriff's separate statutory powers.

Q: What about other 1962-era city charters in Virginia? Does this affect them?
A: The reasoning is generally applicable. Any city charter that established its own pre-1973 municipal court, juvenile court, or court-not-of-record structure would face the same § 16.1-69.1 repeal analysis. Each charter has to be examined section by section because charter language differs.

Q: Could the General Assembly re-enact local control over a court structure?
A: The Virginia Constitution (art. VI, § 8) gives the General Assembly authority over the structure of "courts not of record." The General Assembly could theoretically re-enact local variations, but the strong policy preference (and the basis for County School Bd. v. Town of Herndon) is for uniformity in court administration.

Q: What about other parts of the Virginia Beach charter outside Chapter 20?
A: The opinion addresses only those sections "most likely to be affected by the repealing statute," all in Chapter 20. The AG did not undertake a charter-wide review. If the council wants a comprehensive charter audit, it should request one separately.

Background and statutory framework

Virginia Beach was incorporated as a town in 1906 (1906 Va. Acts ch. 76), became a city in 1952, and received its current charter in 1962 when Princess Anne County was consolidated into the city (1962 Va. Acts ch. 147). The 1962 charter included a Chapter 20 ("Administration of Justice") that set up the city's own court structure under then-prevailing Virginia law. At that time, cities customarily ran their own municipal courts, juvenile courts, and police courts.

The 1971 Constitution (art. VI, § 8) gave the General Assembly authority to establish a unified court system. The 1972 General Assembly took up that authority comprehensively in 1972 Va. Acts ch. 708, creating today's district court system and adding § 16.1-1.30 ("the district court system [shall] be within the unified court system of the Commonwealth subordinate to the Supreme Court"). The 1973 General Assembly reenacted the legislation (1973 Va. Acts ch. 546), and it took effect July 1, 1973.

The transitional repealing clause is at § 16.1-69.1: "All acts and parts of acts, all sections of this Code, and all provisions of municipal charters, inconsistent with the provisions of this title, as amended, are, except as herein otherwise provided, repealed to the extent of such inconsistency." The opinion treats this clause as the controlling source for analyzing what survives in pre-1973 city charters.

A 1997 AG opinion had earlier held that "where a charter and a statute conflict, the charter controls" with "several exceptions" including where the legislature evidences "a clear legislative intent that [the statute] is to prevail over any conflicting charter provision." This 2026 opinion adheres to that 1997 framework but finds the requisite "clear legislative intent" in § 16.1-69.1 itself, which by its terms expressly addresses charter provisions.

The opinion is also a study in implied repeal where the General Assembly has overlaid a comprehensive new scheme. As the Virginia Supreme Court put it in County School Bd. v. Town of Herndon (1953), where "an important provision of a comprehensive act, which changed the organization and form of county government and which took effect subsequent to enactment of the special or local law, is found to be in conflict with the special legislation," the comprehensive act is "manifestly intended" to prevail.

Citations and references

Constitutional provision:
- Va. Const. art. VI, § 8

Virginia statutes:
- Va. Code Ann. § 2.2-505
- Va. Code Ann. § 16.1-69.1 (Repealing clause)
- Va. Code Ann. § 16.1-69.8 (Conversion of existing courts)
- Va. Code Ann. § 17.1-506 (Judicial circuits)
- Va. Code Ann. § 19.2-31 (Magistrates appointed)
- Va. Code Ann. § 8.01-293 (Service of process)
- Va. Code Ann. § 15.2-1609 (Powers and duties of sheriff)

Charter:
- City of Virginia Beach Charter, Chapter 20 (1962 Va. Acts ch. 147 and amendments)

Cases:
- County School Bd. v. Town of Herndon, 194 Va. 810 (1953)
- Burke v. Commonwealth, 29 Va. App. 183 (1999)
- Shoemaker v. Funkhouser, 299 Va. 471 (2021)

Source

• Landing page: https://www.oag.state.va.us/annual-reports-opinions/official-opinions
• Original PDF: https://www.oag.state.va.us/files/Opinions/2026/24-036-Simon-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

Jay Jones
Attorney General

202 North 9th Street
Richmond, Virginia 23219
804-786-2071
FAX 804-786-1991
Virginia Relay Services
800-828-1120

February 19, 2026

The Honorable Marcus B. Simon
Member, Virginia House of Delegates
Chair, Virginia Code Commission
Post Office Box 958
Falls Church, Virginia 22040

Dear Delegate Simon:

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 inquire whether certain provisions of the Charter for the City of Virginia Beach that relate to courts not of record were repealed with the enactment of Chapter 4.1 of Title 16.1, specifically § 16.1-69.1.

Background

The incorporation of Virginia Beach dates back to 1906, and its current Charter was adopted in 1962 when the former Princess Anne County was consolidated into the City. The General Assembly included provisions related to the "Administration of Justice" in Chapter 20 of the 1962 Charter.

In 1972, during its regular session, the General Assembly undertook a comprehensive overhaul of Virginia's court system. Pursuant to its authority under the new Constitution, the General Assembly passed legislation amending Title 16.1 to establish, at the court-not-of-record level, a new "district court system [to] be within the unified court system of the Commonwealth subordinate to the Supreme Court and subject to the administrative supervision of the Chief Justice of the Supreme Court." The act set forth key definitions: "courts not of record" was to mean "all courts ... below the jurisdictional level of the circuit and corporation courts including general district courts and juvenile courts," which courts collectively also constituted "district courts," and "general district courts" included "all courts in ... cities heretofore designated as ... municipal courts" while "municipal courts" conversely were "deemed to refer to general district courts[.]"

The legislation further provided that extant municipal courts in each city would merge, as necessary, and "continue as the general district court of the city with the same powers and territorial jurisdiction over such city[.]" To ensure a fully effective transition, the General Assembly also included a "repealing clause" whereby "all provisions of municipal charters, inconsistent with [Title 16.1], as amended, are, except as herein otherwise provided, repealed to the extent of such inconsistency." Certain courts of limited jurisdiction were also abolished and their jurisdiction turned over to the new district courts.

The legislation was reenacted in the 1973 Session, the amendments became operative, as intended, on July 1, 1973. The repealing clause, subsequently codified as § 16.1-69.1, also took effect the same day.

Applicable Law and Discussion

The statutory provision involved is § 16.1-69.1, which is the repealing clause and this statute reads as follows:

"All acts and parts of acts, all sections of this Code, and all provisions of municipal charters, inconsistent with the provisions of this title, as amended, are, except as herein otherwise provided, repealed to the extent of such inconsistency."

This statute is in Chapter 4.1 of Title 16 of the Virginia Code which currently contains §§ 16.1-69.1 through 16.1-69.58. This chapter is meant to be the establishment of the district court system as part of "the unified court system of the Commonwealth ... ." By its very terms, § 16.1-69.1 overrides and repeals any inconsistent provisions in any county, city or town charter, including the Charter of the City of Virginia Beach. It is unambiguous and plainly within the constitutional powers of the General Assembly. In considering legislative amendments, there is a presumption that the General Assembly "acted with full knowledge of and in reference to the existing law upon the same subject and the construction placed upon it by the courts." Constructions that render statutory amendments meaningless are to be avoided.

To determine whether a city charter provision is inconsistent with Chapter 4.1 of Title 16 of the Virginia Code, each charter provision must be examined. These provisions of the City Charter of the City of Virginia Beach are most likely to be affected by the repealing statute. I examined each seriatim.

Charter provision § 20.01 establishes that the Circuit Court of the City of Virginia Beach is in the Second Circuit and the Circuit Court of Princess Anne County shall be known as the Circuit Court of the City of Virginia Beach. This provision is governed by the Circuit Court statutes and should be treated as repealed. To the extent this Charter provision has any bearing on the district courts, this provision is inconsistent with § 16.1-69.6 and thus repealed by § 16.1-69.1. Present § 16.1-69.6 establishes the City of Virginia Beach as the Second District and the Counties of Accomack and Northampton as District 2-A.

Charter provision § 20.02 establishes a transition from the Princess Anne Circuit Court to the new unified Virginia Beach Circuit Court for pending cases. This provision is not repealed nor inconsistent but it only has historical meaning now.

Charter provisions § 20.03 through § 20.07 as they refer to the municipal court or the juvenile and domestic relations court or a county court, are repealed and replaced by § 16.1-69.8, which replaces the county court with the general district court, municipal courts of cities are replaced by the general district court, the city juvenile and domestic relations courts are now juvenile and domestic relations district courts, and the municipal courts of any town are abolished and their jurisdiction replaced with the general district court. These Charter sections are repealed by § 16.1-69.1 by virtue of their repeal and replacement by the terms of § 16.1-69.8.

Charter provision § 20.08 is a transitional provision similar in terms to Charter provision § 20.02 except applying to the county court and the police court of Princess Anne County and it is not repealed but inconsistent with § 16.1-69.8 except for the reference to the former municipal courts which have been replaced by the general district court by § 16.1-69.8. To the extent this provision has any authority, it is repealed by § 16.1-69.1 and § 16.1-69.8.

Charter provision § 20.09 establishes a single clerk for all the courts not of record or one clerk for each separate court not of record. This provision is inconsistent with § 16.1-69.37 (clerks remain until their term ends), § 16.1-69.39 (all personnel including clerks shall serve at the pleasure of the chief judge of that district court), and § 16.1-69.40 (powers and duties of clerks and deputy clerks) and thus Charter provision § 20.09 is repealed by § 16.1-69.1 by virtue of the repeal and replacement of this charter provision by the aforesaid Code sections cited in this paragraph.

Charter provision § 20.10 authorizes records of the county court of Princess Anne County and the police court of the City of Virginia Beach to be maintained by the appropriate successor court and was not affected by the 1972 and 1973 reorganization of the district courts. The General Assembly in 1983 added to Chapter 4.1 of Title 16.1 the terms of Article 6 of Chapter 4.1 (§ 16.1-69.53, et seq.) which had the effect of repealing and replacing charter provision § 20.10 and thus charter provision § 20.10 was repealed by § 16.1-69.1 and Article 6 of Chapter 4.1 of the Virginia Code.

Charter provision § 20.11 established or retained the position of High Constable and Charter provision § 20.12 established or retained the position of Justice of the Peace. Neither of these positions are part of the former courts not of record system that was repealed by Chapter 4.1 of the Virginia Code and thus the repealer statute does not apply to these sections.

Notwithstanding the survival of these offices in the reorganization of the district courts, these Charter provisions §§ 20.11 and 20.12 were specifically repealed by the 1995 General Assembly. This had the effect of abolishing both the position of the High Constable and the Justice of the Peace. The 1996 General Assembly enacted a new Charter provision (Section 20.14) which reestablished the position of "High Constable." The City Council of Virginia Beach has established in its Code the office of High Constable for the City of Virginia Beach and then declared the Sheriff of the City of Virginia Beach to be the High Constable for the city. The High Constable still serves judicial process and other legal papers arising from the General District Court. Since one of the statutory duties of the Sheriff is to "assist in the judicial process ..." and there is no provision in Title 16.1 abolishing the High Constable, this Charter provision was not affected by § 16.1-69.1.

Charter provision § 20.12 (Justice of the Peace) was not reenacted in 1996; Justices of the Peace were not affected by the reform of the district court system but have been abolished by virtue of §§ 19.2-31 and 19.2-32 and replaced by magistrates.

Charter provision § 20.13 governs notaries in Princess Anne County until their commission expires and since this provision was enacted in 1962 and under § 47.1-21 a notarial commission was four years, this provision is transitional. Charter provision § 20.13 was not repealed by § 16.1-69.1 but is largely of historical value today.

I did not find other sections of the Charter of the City of Virginia Beach that pertained to the establishment or maintenance of district courts.

There is one potential objection that must be answered. A prior Opinion of this Office states:

A recognized principle of statutory construction is that where a charter and a statute conflict, the charter controls. There are, however, several exceptions to this principle. Because the goal of statutory construction is to discern and give effect to the intent of the legislature, a statute will control where the language of the statute evidences a clear legislative intent that it is to prevail over any conflicting charter provision.

This Office adheres to this 1997 Opinion subject to the facts presented in that opinion. The Attorney General gave his opinion in 1997 that the state statute controlled over the two charter provisions since the "clear legislative intent" was for the comprehensive Code section to prevail over all existing charter provisions.

My opinion is that the clear legislative intent to establish a uniform district court system for all jurisdictions in Virginia prevails over any charter provision to the contrary and § 16.1-69.1 makes that intent clear when that Code section states expressly that "all provisions of municipal charters" are amended or repealed in the event of an inconsistency.

Conclusion

Accordingly, it is my opinion that the sections of the Charter of the City of Virginia Beach stated above have been repealed by § 16.1-69.1 or in some cases by other acts of the General Assembly.

Attached please find a list of the repealed Charter provisions as well as some other Charter provisions discussed in the text of this Opinion.

With kindest regards, I am,

Very truly yours,

Jay Jones
Attorney General

APPENDIX: REPEALED PROVISIONS OF THE CHARTER OF THE CITY OF VIRGINIA BEACH

Chapter 20. Administration of Justice.

§ 20.01. Circuit court.

Not repealed by Va. Code Ann. § 16.1-69.1 except as it might pertain to the district courts but is repealed by the establishment of the circuit court system in 1998. See text for details.

The city shall continue to be in and a part of the Second Judicial Circuit. The Circuit Court of Princess Anne County shall be known as the Circuit Court of the City of Virginia Beach and shall have the same jurisdiction in the city of Virginia Beach as is conferred by general law upon circuit courts of cities of the first class. (1962, c. 147; 1978, c. 101)

§ 20.02. Transition of circuit court.
Not repealed.

§ 20.03. Courts not of record; municipal courts generally.

The municipal courts for the City of Virginia Beach shall be designated as Civil Court, Police Court and Traffic Court, with such civil and criminal jurisdiction, and other judicial powers as are conferred by general law on municipal courts of cities of the first class. With the approval of the city council, civil and criminal jurisdiction, other than traffic, may be exercised by a single court. (1962, c. 147; 1972, c. 810)

§ 20.04. Courts not of record; judges of the municipal courts.

There shall be a judge for each municipal court and such substitute judges as may be deemed necessary by the council. The judges of such courts shall be appointed for terms of four years by the Circuit Court of the city or the judges thereof in vacation. The same person may be appointed and serve as judge of two or more municipal courts. Appointments to vacancies shall be made by the Circuit Court or the judges thereof in vacation and shall be for the unexpired term. (1962, c. 147; 1972, c. 810)

§ 20.05. Juvenile and domestic relations court.

There shall be a juvenile and domestic relations court for the city. Such court shall possess the same jurisdiction and powers as are conferred by law upon juvenile and domestic relations courts of cities of the first class. (1962, c. 147)

§ 20.06. Judges of the juvenile and domestic relations court.

There shall be a judge of the juvenile and domestic relations court and such associate and substitute judges as may be deemed necessary by the council. The judges of such court shall be appointed for terms of four years by the circuit court of the city or the judges thereof in vacation. Appointments to vacancies shall be made by the circuit court or the judges thereof in vacation and shall be for the unexpired term. (1962, c. 147)

§ 20.07. Judges of courts not of record.

Any judge, or substitute judge of any municipal court may also be the judge, or associate judge or substitute judge of the juvenile and domestic relations court. (1962, c. 147; 1972, c. 810)

§ 20.08. Transition of courts not of record.

All actions of every kind, criminal as well as civil, pending in the county court of Princess Anne County or the police court of the City of Virginia Beach on the effective date of this charter shall automatically be transferred to, and shall proceed to final judgment in the municipal court or the juvenile and domestic relations court of the city, as the judges thereof may determine. (1962, c. 147)

§ 20.09. Clerk of courts not of record.

The council may, at its discretion, provide for a single clerk for all courts not of record or a separate clerk for each court not of record. The clerk or clerks shall be appointed by the court or courts he serves. (1962, c. 147; 1972, c. 810)

§ 20.10. Transfer of records.
Repealed by both Va. Code Ann. § 16.1-69.1 and by Va. Code Ann. § 16.1-69.53, et seq.

Upon the effective date of this charter all records and papers of the county court of Princess Anne County and the police court of the City of Virginia Beach shall be transferred to the appropriate courts of the city. (1962, c. 147)

§ 20.11 (1962, c. 147; repealed, 1995, c. 607)

Not repealed by Va. Code Ann. § 16.1-69.1; see text for details.

§ 20.12. (1962, c. 147; repealed, 1995, c. 607)

Not repealed by Va. Code Ann. § 16.1-69.1; see text for details.

§ 20.13. Notaries public.

Not repealed.

§ 20.14. High constable.

Not repealed; see text for details. This is the present provision governing the High Constable:

The council shall appoint a high constable who shall serve at the pleasure of the council. He shall execute all processes, warrants, summons, and notices in the general district court and shall have such other duties as the council may prescribe. The fees collected by the high constable shall be established by duly adopted ordinance, and all such fees shall be deposited into the city treasury for use in the general operation of the city. The sheriff may act as the high constable. (1996, c. 360)