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==Law and government== {{Main|Government of Virginia}} [[File:MJK50147 Virginia State Capitol.jpg|thumb|The [[Virginia State Capitol]] in [[Richmond, Virginia|Richmond]], designed by [[Thomas Jefferson]] and [[Charles-Louis Clérisseau]], is home to the [[Virginia General Assembly]].|alt=An all white Neoclassical building with pediment and six columns rises on a grassy hill with a large American elm tree in the left foreground. Two boxier, but similarly styled wings are attached at the building's rear.]] In 1619, the first [[Virginia General Assembly]] met, making Virginia's legislature the oldest of its kind in North America.<ref name="hemisphere">{{cite news |last=Jacobs |first=Jack |date=July 30, 2019 |title=General Assembly commemorates origins of democracy in America |newspaper=The Virginia Gazette |url=https://www.dailypress.com/virginiagazette/news/va-vg-general-assembly-joint-session-0731-story.html |access-date=May 7, 2020}}</ref> The government today functions under the seventh [[Constitution of Virginia]], which was [[1970 Virginia ballot measures|approved by voters in 1970]] and went into effect in July 1971.<ref name=constitution_1970/> It is similar to the [[federal government of the United States|federal structure]] in that it provides for [[Separation of powers|three branches]]: a strong legislature, an executive, and a unified judicial system.<ref name=constitution>{{cite journal|title=Commentaries on the Constitution of Virginia by A. E. Dick Howard|first1=Albert L.|last1=Strum|journal=The American Political Science Review|volume=71|issue=2|date=June 1977|pages=714–715|jstor=1978427|doi=10.2307/1978427|last2=Howard|first2=A. E. Dick|author-link2=A.E. Dick Howard}}</ref> Virginia's legislature is [[bicameral]], with a 100-member [[Virginia House of Delegates|House of Delegates]] and 40-member [[Senate of Virginia|Senate]], who together write the laws for the Commonwealth. Delegates serve two-year terms, while senators serve four-year terms, with [[2023 Virginia elections|the most recent elections]] for both taking place in November 2023. The executive department includes the [[Governor of Virginia|governor]], [[Lieutenant Governor of Virginia|lieutenant governor]], and [[Attorney General of Virginia|attorney general]], who are elected every four years in separate elections, with the [[2025 Virginia gubernatorial election|next taking place in November 2025]]. [[List of Virginia Governors|Incumbent governors]] cannot run for re-election; governors can and have served non-consecutive terms.<ref>{{cite news |url= https://www.vpm.org/listen/2019-04-18/two-term-virginia-governors-rare-but-not-unprecedented |title= Two-Term Virginia Governors Rare, But Not Unprecedented |website= VPM |first= Ben |last= Paviour |date= April 18, 2019 |access-date= February 10, 2023}}</ref> The lieutenant governor is the official head of the Senate and is responsible for breaking ties. The House elects a [[List of Speakers of the Virginia House of Delegates|Speaker of the House]] and the Senate elects a [[President pro tempore of the Senate of Virginia|President pro tempore]], who presides when the lieutenant governor is not present, and both houses elect a clerk and majority and minority leaders.<ref name=vga_guide/> The governor also nominates their 16 [[Virginia Governor's Cabinet|cabinet members]] and others who head various state departments.<ref>{{cite news |url= https://wjla.com/news/local/list-gov-elect-youngkins-full-roster-of-appointees-glenn-youngkin-republican-election-secretary-commonwealth-governor |title= LIST: Virginia Gov.-elect Youngkin's full roster of Cabinet appointees |website= 7News |date= January 13, 2022 |access-date= September 8, 2023}}</ref> The legislature starts regular sessions on the second Wednesday of every year. They meet for up to 48 days in odd years, which are election years, or 60 days in even years, to allow more time for biennial state budgets, which governors propose.<ref name=vga_guide>{{cite web |url= https://publications.virginiageneralassembly.gov/download_publication/121 |format= PDF |title= Your Guide to the Virginia General Assembly |website= Virginia General Assembly |date= May 10, 2019 |access-date= July 27, 2020}}</ref><ref>{{cite news |url= https://vacsb.org/wp-content/uploads/2017/11/Understanding_Virginias_Budget_Process_MTweedy.pdf |title= Understanding Virginia's Budget Process: Budget 101 |website= Virginia Senate Finance Committee |first= Michael |last= Tweedy |date= October 4, 2018 |access-date= July 28, 2020}}</ref> After regular sessions end, special sessions can be called either by the governor or with agreement of two-thirds of both houses, and 21 special sessions have been called since 2000, typically for legislation on preselected issues.<ref>{{cite web |url= https://lis.virginia.gov/ |title= Virginia's Legislative Information System |date= August 22, 2024 |access-date= August 22, 2024}}</ref> Though not a full-time legislature, the Assembly is classified as a hybrid because special sessions are not limited by the state constitution and often last several months.<ref>{{cite news |url= https://www.cvilletomorrow.org/articles/what-if-virginias-general-assembly-operated-year-round |title= What if Virginia's General Assembly operated year-round? |first= Charlotte Rene |last= Woods |website= Charlottesville Tomorrow |date= January 4, 2021 |access-date= July 7, 2021}}</ref> A one-day "veto session" is also automatically triggered when a governor chooses to veto or return legislation to the Assembly with amendments. Vetoes can then be overturned with approval of two-thirds of both the House and Senate.<ref>{{cite news |url= https://www.wric.com/news/politics/capitol-connection/virginia-lawmakers-to-take-up-youngkins-vetoes-and-amendments-during-one-day-session/ |title= Virginia lawmakers to take up Youngkin's vetoes and amendments during one-day session |website= ABC 8 News |first= Dean |last= Mirshahi |date= April 12, 2023 |access-date= February 3, 2024}}</ref> A bill that passes with two-thirds approval can also become law without action from the governor,<ref>{{cite news |url= https://www.washingtonpost.com/dc-md-va/2024/04/16/virginia-youngkin-assembly-budget-veto-session/ |title= Virginia Assembly returns to Richmond at odds with Youngkin on budget |first1= Gregory S. |last1= Schneider |first2= Laura |last2= Vozzella |date= April 16, 2024 |access-date= April 17, 2024 |newspaper= The Washington Post}}</ref> and Virginia has no "[[pocket veto]]", so bills become law if the governor chooses to neither approve nor veto them.<ref>{{cite web |url= https://www.vaco.org/passed-bills-are-now-before-the-governor-now-what/ |title= Passed bills are now before the Governor – now what? |website= The Voice of the Commonwealth's Counties |first= Chris |last= McDonald |date= April 1, 2020 |access-date= March 25, 2021 |archive-date= October 19, 2021 |archive-url= https://web.archive.org/web/20211019214333/https://www.vaco.org/passed-bills-are-now-before-the-governor-now-what/ |url-status= dead}}</ref> ===Legal system=== [[File:SupremeCourtofVirginiaBuilding.JPG|thumb|Unlike the [[Federal judiciary of the United States|federal judiciary system]], justices of the [[Supreme Court of Virginia|Virginia Supreme Court]] have term limits, a mandatory retirement age, and select their own Chief Justice.|alt=A seven-story sandstone building faced with ionic columns on a city street corner.]] The judges and justices who make up [[Judiciary of Virginia|Virginia's judicial system]], also the oldest in America, are elected by a majority vote in both the House and Senate without input from the governor, one way Virginia's legislature is stronger than its executive. The [[Governor of Virginia|governor]] can make [[recess appointment]]s, and when both branches are controlled by the same party, the assembly often confirms them. The judicial hierarchy starts with the [[Virginia General District Court|General District Courts]] and [[Virginia Juvenile and Domestic Relations District Court|Juvenile and Domestic Relations District Courts]], with the [[Virginia Circuit Court|Circuit Courts]] above them, then the [[Court of Appeals of Virginia]], and the [[Supreme Court of Virginia]] on top.<ref>{{cite web|url=http://www.courts.state.va.us/courts/cib.pdf|title=Virginia Courts In Brief|publisher=Virginia Judicial System|date=May 5, 2009|access-date=August 17, 2009|archive-url=https://web.archive.org/web/20090704084122/http://www.courts.state.va.us/courts/cib.pdf|archive-date=July 4, 2009|url-status=live}}</ref> The Supreme Court has seven justices who serve 12-year terms, with a [[mandatory retirement age]] of 73; they select their own chief justice, who is informally limited to two four-year terms.<ref>{{cite news | title = Hassell to step down as the state's chief justice | url = http://www.timesdispatch.com/news/hassell-to-step-down-as-the-state-s-chief-justice/article_842d7859-905b-5ca2-ab69-996e97ce6ef3.html | first = Frank | last = Green | date = May 12, 2010 | newspaper= Richmond Times-Dispatch | access-date = September 26, 2013}}</ref> Virginia was the last state to guarantee an automatic right of [[appeal]] for all civil and criminal cases. Its Court of Appeals increased from 11 to 17 judges in 2021.<ref>{{cite news |url= https://www.wric.com/news/politics/capitol-connection/gov-northam-signs-14-new-bills-into-law-last-minute/ |title= Gov. Northam signs 14 new bills into law last minute |website= ABC8 WRIC |first= Amelia |last= Heymann |date= March 31, 2021 |access-date= April 1, 2021}}</ref><ref>{{cite news |url= https://www.virginiamercury.com/2021/03/08/virginia-court-of-appeals-set-to-get-six-new-judges-after-lawmakers-agree-to-expansion/ |title= Virginia Court of Appeals set to get six new judges after lawmakers agree to expansion |newspaper= The Virginia Mercury |first= Ned |last= Oliver |date= March 8, 2021 |access-date= April 1, 2021}}</ref> The [[Code of Virginia]] is the statutory law and consists of the codified legislation of the General Assembly. The largest [[List of law enforcement agencies in Virginia|law enforcement agency in Virginia]] is the [[Virginia State Police]], with 3,035 sworn and civilian members {{As of|2019|lc=on}}.<ref>{{cite web |url= https://vsp.virginia.gov/wp-content/uploads/2022/01/VSP-Annual-Report-2019-1.pdf |title= 2019 Facts & Figures |publisher= Virginia State Police |date= January 18, 2022 |access-date= May 5, 2023}}</ref> The [[Virginia Marine Police]] were founded as the "Oyster Navy" in 1864 in response to [[Oyster pirate|oyster bed poaching]].{{importance inline|date=November 2024}}<ref>{{cite news |url= https://www.pilotonline.com/news/article_bff283c8-cc05-5ec4-944d-6a3ba45be345.html |title= State says it's ready to get tough on oyster poachers |newspaper= The Virginian-Pilot |first= Scott |last= Harper |date= September 15, 2007 |access-date= July 20, 2021}}</ref> The [[Virginia Division of Capitol Police|Virginia Capitol Police]] protect the legislature and executive department, and are the oldest police department in the United States, dating to the guards who protected the colonial leadership.<ref>{{cite news|url=http://www.vcp.state.va.us/message.htm|title=Message from the Chief|year=2008|first=Kimberly|last=Lettner|publisher=The Division of Capitol Police|access-date=September 10, 2009|url-status=dead|archive-url=https://web.archive.org/web/20090519054023/http://www.vcp.state.va.us/message.htm|archive-date=May 19, 2009}}</ref> The governor can also call upon the [[Virginia National Guard]], which consists of approximately [[Virginia Army National Guard|7,200 army soldiers]], [[Virginia Air National Guard|1,200 airmen]], [[Virginia Defense Force|300 Defense Force members]], and 400 civilians.<ref>{{cite web|url=https://va.ng.mil/News/Article/2391662/about-the-virginia-national-guard/|title=About the Virginia National Guard|website=[[Virginia Army National Guard]]|date=July 1, 2020|access-date=December 11, 2021}}</ref> Between 1608 and 2021, when the [[capital punishment in Virginia|death penalty]] was abolished, the state executed over 1,300 people, including [[List of people executed in Virginia|113 following the resumption of capital punishment]] in 1982.<ref>{{cite news |url= https://www.nytimes.com/2021/03/24/us/politics/virginia-death-penalty.html |archive-url=https://ghostarchive.org/archive/20211228/https://www.nytimes.com/2021/03/24/us/politics/virginia-death-penalty.html |archive-date=December 28, 2021 |url-access=limited |title= Virginia Becomes First Southern State to Abolish the Death Penalty |newspaper= The New York Times |date= March 24, 2021 |access-date= March 24, 2021 |first= Hailey |last= Fuchs}}{{cbignore}}</ref> Virginia's prison system incarcerates 30,936 people {{As of|2018|lc=on}}, 53% of whom are Black,<ref>{{cite web |url= https://www.vera.org/downloads/pdfdownloads/state-incarceration-trends-virginia.pdf |title= Incarceration Trends in Virginia |publisher= Vera Institute of Justice |date= November 25, 2019 |access-date= January 28, 2021}}</ref> and the state has the sixteenth-highest [[List of U.S. states and territories by incarceration and correctional supervision rate|rate of incarceration in the country]], at 422 per 100,000 residents.<ref>{{cite news |url= https://www.thecentersquare.com/virginia/0-42-of-virginia-residents-are-incarcerated-study-finds/article_78ccf08a-3a31-11eb-a82d-f7d93decf4e5.html |title= 0.42% of Virginia residents are incarcerated, study finds |website= The Center Square |date= December 13, 2020 |access-date= January 28, 2021}}</ref> Prisoner [[parole]] was ended in 1995,<ref>{{cite news|title=Parole Remains Elusive for Virginia Prisoners|url=https://www.prisonlegalnews.org/news/2017/oct/9/parole-remains-elusive-virginia-prisoners/|work=[[Prison Legal News]]|date=October 9, 2019|first=David|last=Reutter}}</ref> and Virginia's rate of [[recidivism]] of released felons who are re-convicted within three years and sentenced to a year or more is 23.1%, the lowest in the country {{As of|2019|lc=on}}.<ref>{{cite news|url=https://www.cbs19news.com/story/41644910/virginias-recidivism-rate-remains-lowest-in-the-country|publisher=WCAV|title=Virginia's recidivism rate remains lowest in the country|date=February 3, 2020}}</ref><ref>{{cite news|first=Jeff|last=Schwaner|date=April 1, 2019|title=Explaining recidivism rates in Virginia, why the conversation around them is limited|url=https://www.newsleader.com/story/news/local/2019/04/01/virginia-recidivism-rates-how-many-reoffenders-jail-criminal-justice/3274008002/|work=The News Leader}}</ref> Virginia has the fourth lowest violent crime rate and thirteenth lowest property crime rate {{as of|2018|lc=on}}.<ref>{{cite news |url= https://apnews.com/4b62ec4728454e0186dc5139937f5dd9 |work= Associated Press |title= Virginia ranks among states with lowest crime rates |first= Jaclyn |last= Barton |date= October 9, 2019 |access-date= March 4, 2020}}</ref> Between 2008 and 2017, arrests for drug-related crimes rose 38%, with 71% of those related to [[Cannabis in Virginia|marijuana]],<ref>{{cite web |url= https://www.dcjs.virginia.gov/sites/dcjs.virginia.gov/files/publications/research/virginia-index-crime-and-drug-arrest-trends-2008-2017.pdf |title= Virginia Index Crime and Drug Arrest Trends 2008–2017 |website= Virginia Department of Criminal Justice Services |date= May 2019 |access-date= March 25, 2021}}</ref> which Virginia [[Decriminalization of non-medical cannabis in the United States|decriminalized]] in July 2020 and [[Legality of cannabis by U.S. jurisdiction|legalized]] in July 2021.<ref>{{cite news |url= https://www.wusa9.com/article/news/local/virginia/northam-considers-marijuana-bill-some-virginians-push-legalization-2021/65-f40dad44-fbf7-4d58-9bf7-d67213c3b91e |title= As Northam considers marijuana bill, some Virginians push for legalization now |website= WUSA9 |first= John |last= Henry |date= March 23, 2021 |access-date= March 25, 2021}}</ref><ref>{{cite news |url= https://www.foxbusiness.com/lifestyle/virginia-marijuana-law-ralph-northam |title= Virginia latest state to legalize marijuana after Gov. Northam signs new law |first= Michael |last=Ruiz |website= Fox Business |date= April 22, 2021 |access-date= April 23, 2021}}</ref>
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