Circuit Court Clerk's Office History

Establishment of Roanoke County and Its Court System

Roanoke County was formed in 1838 from Botetourt County, in response to the region's growing population and economic development. Shortly after its creation, the Roanoke County Circuit Court was established to serve as the court of general jurisdiction for the county.The court has continuously operated in the City of Salem, which remains the county seat. As part of Virginia’s unified judicial system, the Roanoke County Circuit Court plays a critical role in administering justice for the community.

The Early Years

In the 19th century, Virginia’s circuit court judges traveled from county to county—"riding the circuit"—to hear cases. This system ensured access to justice across rural areas before permanent judicial appointments and courthouses were widely established.Roanoke County’s original courthouse was a modest building in Salem, reflecting the region’s rural character. Over time, as population and caseloads grew, the courthouse and court services expanded.

Growth and Development in the 20th Century

By the early 1900s, the court was handling a broader range of legal matters, including:

- Felony criminal cases

- Civil disputes over monetary thresholds

- Land disputes

- Probate and estate matters

- The 20th century brought major upgrades to the courthouse facilities:

1960s: Expanded for increased case volume.

1980s: Technology and layout improvements.

2000s: present: Security enhancements, electronic records, and court modernization.

Today’s Court Operations

The Roanoke County Circuit Court is part of the 23rd Judicial Circuit of Virginia, which includes the cities of Roanoke and Salem as well as Roanoke County. The Court Oversees:

- Felony criminal trials

- Major civil litigation

- Appeals from General District and Juvenile Courts

- Divorces, adoptions, and name changes

- Probate and estate qualification

- The court embraces modern tools like e-filing, remote hearings through Polycom, and case imaging systems to ensure accessible and efficient service for residents, attorneys, and agencies.

A Legacy of Service

For nearly two centuries, the Roanoke County Circuit Court has upheld justice, safeguarded rights, and served the citizens of the county. With a commitment to transparency, integrity, and progress, the court continues to evolve while honoring its deep historical roots.

The Clerk of Circuit Court

Colonial Beginnings

The Clerk of the Circuit Court is one of the oldest public offices in Virginia, with roots tracing back to the 17th century during the Commonwealth’s colonial period. Originally, clerks were appointed to serve in county courts by royal governors or county justices. Their duties centered around maintaining legal records, documenting court proceedings, and preserving land transactions for the Crown.

Becoming a Constitutional Officer

With the adoption of the Virginia Constitution of 1851, the office of the Clerk of Court became an elected position, empowering local citizens to choose their record-keeper and judicial administrator. The position was formally designated as a constitutional officer in Article VII, Section 4 of the Virginia Constitution, with an eight-year term.

This transition was key to ensuring independence, accountability, and local oversight of judicial administration.

Judicial Reform and Expansion of Duties

Over time, Virginia’s court system underwent significant reforms, particularly in the 1970s and 1980s, resulting in the modern-day Circuit Court as the trial court of general jurisdiction. As a result, the Clerk's responsibilities expanded significantly.

Historically, clerks focused on:

- Recording deeds and property transfers

- Maintaining wills and probate records

- Filing judgments and court orders

Today, their role includes over 800 duties set out by the Code of Virginia, which some of those duties include:

- Managing both criminal and civil case files

- Administering jury systems

- Collecting and distributing court fines and fees

- Processing adoptions, name changes, protective orders, and concealed handgun permits

- Maintaining land records and marriage licenses

- Implementing and overseeing electronic filing, imaging, and digital archiving systems

Professional Collaboration and Training

In 1905, Virginia Clerks came together to form the Virginia Court Clerks’ Association (VCCA), a professional organization that supports:

- Training and education

- Technology implementation

- Legislative advocacy

- Standardization of court practices statewide

Clerks frequently work alongside the Supreme Court of Virginia, Compensation Board, and General Assembly to fulfill their broad mandate under the Code of Virginia, primarily Title 17.1.

Local Impact, Statewide Significance

There are currently 120 elected Circuit Court Clerks serving Virginia’s counties and independent cities. These offices form the backbone of the state’s judicial system, ensuring that legal proceedings are properly documented, historical records are preserved, and the public has access to essential court services.

The Clerk of Court is often the face of the courthouse, serving the needs of attorneys, law enforcement, judges, and the general public every day.

A Tradition of Public Trust

For centuries, the Clerk of the Circuit Court has played a crucial role in the administration of justice, the protection of individual rights, and the preservation of Virginia’s legal and land history. With each passing generation, the office continues to evolve while honoring its deeply rooted tradition of public service.