Virginia Proposes Expanding Court of Appeals to 21 Judges

Senate Bill 793 aims to address increased caseload and delays at the state's appellate court.

Published on Feb. 18, 2026

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The Virginia General Assembly is considering a proposal to expand the state's Court of Appeals from 17 to 21 judges. The bill, Senate Bill 793, was reported out of the Senate Courts of Justice Committee on a 9-6 party line vote. Supporters cite increased caseloads and delays as reasons for needing more judges, while opponents argue the court's jurisdiction should be reduced instead.

Why it matters

The expansion of the Court of Appeals' bench is part of a broader shift in Virginia's appellate policy. In 2021, the legislature vastly expanded the court's jurisdiction, granting litigants a right to appeal final judgments in civil cases. This has led to a significant increase in the court's caseload, prompting the current push to add more judges.

The details

Senate Bill 793, introduced by Sen. Scott Surovell, D-Fairfax, would expand the maximum number of authorized judges on the Court of Appeals from 17 to 21. Surovell cited statistics showing the court has been hearing 22% more domestic relations cases on average and the number of motions heard by the court increased 125% from January 2022 to January 2025. The bill was reported out of committee on a party-line vote.

  • The Court of Appeals' bench was previously expanded from 11 to 17 judges in 2021.
  • Senate Bill 793 was reported out of the Senate Courts of Justice Committee on February 4, 2026.

The players

Scott Surovell

A Democratic state senator from Fairfax who introduced Senate Bill 793 to expand the Court of Appeals.

Mark Obenshain

A Republican state senator from Harrisonburg who delivered an impassioned speech against the 2021 expansion of the Court of Appeals' jurisdiction.

L. Steven Emmert

A retired Virginia Beach attorney who focused his practice on appellate work and maintained a blog about Virginia's appellate courts.

Carl Tobias

A University of Richmond School of Law professor who tracks the judicial nomination process in Virginia.

Cullen Seltzer

A Richmond attorney who is part of the appellate practice at Sands Anderson.

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What they’re saying

“Far be it for me to say I told you so, but I told you so. This is one of the many problems that has been created by the expansion of the jurisdiction of the Court of Appeals. We at this point do not have the coverage to cover these cases, we are not handling cases as expeditiously as we should, civil litigants are bogged down for years, and they are still going to be bogged down for years if we expand the court.”

— Mark Obenshain, State Senator (valawyersweekly.com)

“You are likely to have very strong people who have either been in practice or have been judges on the lower courts. For many lawyers, especially ones who do appellate work, it might be very appealing to be on that court.”

— Carl Tobias, University of Richmond School of Law Professor (valawyersweekly.com)

What’s next

The bill will next be reviewed by the Senate Finance and Appropriations Committee. If passed, the judge appointments would need to be made by the Democratic-controlled legislature.

The takeaway

The proposed expansion of the Virginia Court of Appeals reflects the ongoing evolution of the state's appellate system, as lawmakers grapple with increased caseloads and delays. The debate highlights the political dynamics and practical considerations involved in shaping the composition and jurisdiction of the state's appellate courts.