16.1-69.43 - Judge before whom accused was arraigned may hear case on merits; judge who has heard part of case may hear case to conclusion.
§ 16.1-69.43. Judge before whom accused was arraigned may hear case onmerits; judge who has heard part of case may hear case to conclusion.
No rule shall hereafter be promulgated under the limitations of § 8.01-4 orotherwise, which would avoid or preclude the judge before whom an accused isarraigned in criminal cases from hearing all aspects of the case on itsmerits, or to avoid or preclude any judge in any case who has heard any partof the case on its merits, from hearing the case to its conclusion; provided,however, another judge may hear portions of a case where a judge is requiredto disqualify himself, in cases in which a mistrial is declared, or in caseswhich have been reversed on appeal, or in the event of sickness, disabilityor vacation of the judge. The parties to any suit, action, cause orprosecution may waive the provisions of this section. Such waiver shall beentered of record.
(1973, c. 546.)