SB 999 (Surovell) increases the required suspending bond amount for appeals from one year’s interest (calculated from the date of the notice of appeal) to the full value of the judgment plus two-and-a-half years of interest. Additionally, it grants appellate courts discretion in assessing attorney fees, costs, and expenses against indigent defendants when their convictions are upheld on appeal, whereas current law mandates such assessments. SB 999 also provides that a panel of the Court of Appeals may dispense with oral argument if the facts and legal arguments are adequately presented in the briefs and record, and the decisional process would not be significantly aided by oral argument, which may reduce the length of time for an appeal to be heard. SB 999 passed the Senate with a 32-8 vote and has been sent to the House Courts of Justice Committee for consideration after it passed House Courts Civil Subcommittee 8-0.
HB 2351 (Hernandez), as introduced, removes the existing $25 million cap on suspension bonds and irrevocable letters of credit for appellants during civil action appeals. A substitute of the introduced bill added a $200 million cap in place of the $25 million cap. HB 2351 passed the House unanimously (99-0) and has been sent to the Senate Courts of Justice Committee where the substitute was reported on a 14-1 vote.
Both bills amend § 8.01-676.1 of the Code of Virginia regarding civil litigation, suspension bonds, and irrevocable letters of credit upon appeal. VACo has expressed concerns to the patrons of these bills, as they may significantly increase liability insurance costs for local governments and other entities. Additionally, the proposed changes could lead to larger settlements to avoid costly litigation and appeals.
VACo Contacts: Jeremy R. Bennett and Phyllis Errico, Esq., CAE