Virginia’s Court of Appeals Is About to Look Very Different

Written by: Collin Crookenden

On April 13, 2026, Governor Spanberger signed HB 443, making two significant changes to the Court of Appeals of Virginia: it expands the bench and fundamentally alters how the court sits en banc. For anyone with a case headed to the appellate level, these changes matter.

11 → 21
Judges in under 7 years

13
New en banc panel size (was full court)

11
Judges required to grant en banc (was 6)

A bench that has nearly doubled

HB443 raises the number of Court of Appeals judges from 17 to 21. This follows a prior expansion in 2020 that took the court from 11 judges to 17 — meaning the bench has nearly doubled in under seven years. The court sits in rotating three-judge panels across four regions of Virginia: Northern, Eastern, Western, and Central.

Every judge approaches the law and the evidence differently. More judges means more variability and more reason to have appellate counsel who knows the bench personally.

With 21 judges cycling through three-judge panels, the combinations grow significantly. Experienced appellate attorneys tailor their argument strategy to the specific judges assigned to a panel. That kind of preparation is only possible when counsel has spent real time in front of the court.

En banc: no longer one unified voice

The more consequential change will be to en banc procedure. Historically, an en banc hearing meant the entire Court of Appeals sat together, ensuring the court spoke with one authoritative voice. Under HB443, an en banc panel will consist of only 13 judges, not the full court. This means different en banc panels could theoretically reach different conclusions on similar issues depending on which 13 judges are seated.

The threshold to obtain an en banc hearing has also increased substantially. Previously, 6 judges agreeing to hear a case could trigger en banc review. The new standard requires a majority of the court, 11 judges, to agree in every situation. Discretion now rests almost entirely with the court itself, making en banc review a considerably harder outcome to secure.

What this means for your case

These changes raise the stakes for appellate experience. Knowing the judges — how they read briefs, how they engage at oral argument, where they tend to land on recurring legal questions — is no longer just an advantage. It’s essential. Make sure your litigation team includes counsel with a genuine appellate track record in the Court of Appeals of Virginia.

As the Court of Appeals continues to evolve, litigants should be giving appellate strategy earlier and more deliberate consideration. Cases moving toward appeal should be handled by counsel with direct, recent experience before the Court of Appeals of Virginia. Contact Collin Crookenden today to schedule a consultation with our appellate specialist.

This blog post is not intended to provide legal advice or substitute for the advice of legal counsel with respect to specific facts and situations. See disclaimer