19.2-271 - Certain judicial officers incompetent to testify under certain circumstances.

§ 19.2-271. Certain judicial officers incompetent to testify under certaincircumstances.

No judge shall be competent to testify in any criminal or civil proceeding asto any matter which came before him in the course of his official duties.

No clerk of any court, magistrate, or other person having the power to issuewarrants, shall be competent to testify in any criminal or civil proceeding,except proceedings wherein the defendant is charged with perjury, as to anymatter which came before him in the course of his official duties. Suchperson shall be competent to testify in any criminal proceeding wherein thedefendant is charged pursuant to the provisions of § 18.2-460 or in anyproceeding authorized pursuant to § 19.2-353.3. Notwithstanding any otherprovision of this section, any judge, clerk of any court, magistrate, orother person having the power to issue warrants, who is the victim of acrime, shall not be incompetent solely because of his office to testify inany criminal or civil proceeding arising out of the crime.

(Code 1950, §§ 19.1-267, 19.1-268; 1960, c. 366; 1975, c. 495; 1976, c. 269;1989, c. 738; 1990, c. 602.)