Rules of Procedure: Committee on the Judiciary
1. Hearings and meetings of the Committee on the Judiciary shall be held in the Committee’s
assigned committee room (Room M-410, State Capitol) or at such other place within the
State Capitol as the Chair of the Committee shall direct. The Clerk of the House of
Delegates shall direct all necessary preparations for such meeting or hearing.
2. The date and time of all meetings and hearing shall be determined and fixed by the Chair.

3. The Chair, or a member of the Committee designated by the Chair, shall preside at all
meetings and hearings of the Committee, and neither the Chair nor the presiding member
shall be limited in any manner in examining witnesses or participating in debate solely
because of his or her role as Chair or presiding member.
4. All hearings before the Committee shall be preserved, whether recorded electronically,
recorded by a court reporter or stenographer, or by some other method as determined by
the Chair.
5. The clerk of the Committee shall be responsible for all documents filed with the Committee,
and said documents shall be kept in a secure room or on a secure server.

6. Any officer of the State who is a subject of the proceedings may appear in person or by a
person designated as his or her counsel or representative at a hearing or meeting. No
counsel or representative shall be recognized as such by the Committee unless a written
authorization, signed by the subject officer, has been filed with the Committee, authorizing
the person to act as counsel or representative. If the subject officer does not appear in
person or by counsel or representative, this fact shall by recorded, and the proceedings
shall be conducted as though the subject officer were present, but the members of the
Committee shall make no presumption based on the nonappearance of the subject officer.
7. No motion to quash, motion to dismiss, demurrer or other dilatory plea in the form of a
defense, objection or request for a determination of the general issue of impeachment
offered by an officer of the State (or his or her counsel or representative) who is a subject
of the proceedings, shall be considered by the Committee.
8. The order of business, the priority of calling witnesses, and the order of examining witness
or receiving evidence is determined by the Chair. No motion to issue articles of
impeachment shall be considered until counsel for the committee has informed the Chair
that presentation of all evidence regarding the subject against whom the proposed articles
are addressed has been completed.
9. The form of a subpoena or subpoena duces tecum issued shall be determined by the
Chair and shall not be subject to attack as to its form.

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 10. Before any witness gives his or her testimony before the Committee, the Chairman, or in
his absence, a member of the Committee, shall administer the following oath or affirmation
to the witness:
“Do you solemnly swear or affirm that the testimony you shall give in the matter now
before this Committee shall be the truth?
11. Any witness appearing before the Committee may, after being sworn, make an opening
oral statement, not to exceed five minutes in length, and may also file with the Committee
in advance of his or her testimony, a written statement, made under oath or affirmation.
12. Because the sole remedy available in an impeachment proceeding is the removal from
office of an officer of the State, the resignation, retirement or some other act which
effectively results in the removal of an officer who is a subject of the proceeding from
his/her office eliminates the need for further evidence specifically referring to that official.
In order for the Committee’s time to be more effectively employed and to reduce the cost
to the State, no such evidence will be admitted following receipt of notice of the
resignation, retirement or action resulting in the removal of that official, and counsel for
the Committee and the members of the Committee will be instructed accordingly by the
Chair. However, evidence regarding a group of which that official is a member, if otherwise
relevant for purposes of considering the allegations involving other members of that group
or for the purpose of considering the need for legislative action, shall be permitted.

13. Any witness called by the Committee may be examined by the members of the
Committee, counsel for the Committee and the counsel or representative of the subject
officer. The subject officer may file with the Committee a request that the Chair call a
witness or witnesses, and each such request shall by accompanied with a description of
the proposed testimony, sufficient to enable the Chair to determine whether such witness,
if called, might provide testimony which could be of probative value to the members of the
Committee. If a member of the Committee, counsel for the Committee or the counsel or
representative of the subject officer desires to reexamine a witness who has previously
testified and has been excused, he or she may, without objection, be permitted to do so,
but if objection is raised by a member of the committee, the request shall be submitted to
the Committee for decision, and decided by a majority of the members present.
14. When a witness has been called and taken the required oath, counsel for the Committee
shall proceed with the initial questioning. Thereafter, each member of the Committee will
be entitled to ask questions of the witness, until such time as every member of the
Committee has had the opportunity to participate in the examination. The subject officer’s
counsel or representative shall then be recognized to ask questions of the witness;
provided, that such questions by the subject officer’s counsel or representative shall not
exceed the scope of examination by the Committee or counsel for the Committee. The
Chair shall then again permit any member of the Committee or its counsel who desires to
ask questions of the witness, until such time as the members and counsel for the
Committee have exercised a second opportunity to question the witness, or have declined
to do so. Any witness appearing with counsel shall have the right to consult with counsel
during examination and before responding to any question asked. The Chairman shall
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 have sole discretion as to scope and length of questioning of each witness and may limit
the time that a member of the Committee consumes in his/her questioning of the witness.
15. Prior to issuance of a summons or subpoena, the Chair may request the voluntary
attendance of any witness or voluntary production of papers, documents, or other physical
evidence, for inspection and copying. When the Committee sends for any person or any
paper, document or other physical evidence, or orders the attendance of any witness, or
the production of any paper, document or physical evidence, a summons shall be issued
by the Chair, directed to the Sheriff or other proper person of any county, or to the
Sergeant-at-Arms of the House of Delegates or any person deputed by him or her. A
subpoena or subpoena duces tecum issued by the Chair of the Committee may be
enforced by attachment, fine or imprisonment, at the discretion of the House of Delegates,
or by invoking the aid of the courts of the State.
16. A complaint, communication, petition or resolution related to impeachment is to be treated
as a bill of inquiry, and the rules of evidence governing proceedings in the courts of the
State are not applicable to proceedings before the Committee. The Chair may admit
evidence in a manner he or she deems necessary to secure fairness to the public interest
and to the subject officer, to eliminate unjustifiable expense and delay, and to avoid
needless presentation of cumulative evidence, to the end that the truth may be
ascertained, and the proceedings justly determined. Each member of the Committee shall
determine for him or herself the probative value of evidence adduced before the
Committee.
17. The Chair may designate a person or persons to have charge in the matter of keeping
order at all hearings or meetings of the Committee. Designated persons may be the
Sergeant-at-Arms of the House of Delegates or members of his or her staff, or members
of the Division of Protective Services assigned by the Director of the Division of Protective
Services at the request of the Chair.

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