Commentary

Changes to Virginia’s Appellate Bench in the New Year

The start of 2026 brings several changes to Virginia’s appellate bench as familiar faces take on new roles. The Supreme Court bids farewell to Chief Justice S. Bernard Goodwyn as he retires following 18 years on the high court, including service as Chief Justice since 2022.

Justice Cleo E. Powell succeeds Justice Goodwyn as Chief, having been unanimously elected by her peers. The move to the Court’s center seat adds to Chief Justice Powell’s impressive career which includes service at every level of the Virginia court system.

Judge Junius P. Fulton, III joins the Supreme Court from the Court of Appeals, filling the vacancy created by Justice Goodwyn’s retirement. Judge Fulton brings with him three decades of judicial experience having served as a circuit court judge from 1996 until his elevation to the Court of Appeals in 2021.

Finally, Judge Kevin M. Duffan joins the Court of Appeals filling the vacancy created by Judge Fulton’s elevation to the Supreme Court. Judge Duffan served as a circuit court judge since 2020 and previously served as a Juvenile and Domestic Relations Court judge from 2017 to 2020.

These moves are the latest in the recent changes to Virginia’s appellate landscape following the Court of Appeals’ 2022 expansion that created not only an appeal of right but also welcomed six new appellate judges—including now-Justice Fulton. Judge Duffan joins a Court of Appeals that has seen many recent additions not only from expansion but also from the retirements of Judges Humphreys and Huff, in 2023 and 2024 respectively, and from Justice Russell’s elevation to the Supreme Court in 2022.