A. In any proceeding before a general district court, the court may, if it determines the circumstances so require, appoint a discreet and competent attorney-at-law as guardian ad litem to represent the interests of a minor who is called to testify. It shall be the duty of the court to ensure that the interests of such minor witness are represented and protected.
§ 8.01-396.2.Minor witness; appointment of guardian ad litem.
Chapter 14. Evidence · Article 4. Witnesses Generally · Last amended 2025 · Last verified July 16, 2026
In one sentenceThis section lets a general district court appoint a lawyer as guardian ad litem to protect a minor witness’s interests when the minor is called to testify, allows reasonable compensation from court-appointed counsel funds, lets the appointment carry over on appeal to circuit court, and lets circuit courts make similar appointments in specified sexual assault, trafficking, and family-offense cases.
Full Text of § 8.01-396.2
B. When the guardian ad litem, to the satisfaction of the court, has rendered substantial service in accordance with this section, the court may allow such guardian ad litem reasonable compensation to be paid from the funds appropriated to pay for the compensation of court-appointed counsel according to the rates and procedures set by the Supreme Court of Virginia.
C. If the matter in which a minor witness is called to testify is appealed to a circuit court, such circuit court may continue the appointment of the guardian ad litem or may appoint another discreet and competent attorney-at-law as guardian ad litem.
D. Additionally, a circuit court may appoint a guardian ad litem in accordance with this section when a minor witness is called to testify in any proceeding before the circuit court involving a criminal sexual assault in violation of a provision of Article 7 (§ 18.2-61 et seq.) of Chapter 4, commercial sex trafficking or prostitution pursuant to Article 3 (§ 18.2-346 et seq.) of Chapter 8, or family offenses pursuant to Article 4 (§ 18.2-362 et seq.) of Chapter 8 of Title 18.2.
Plain-English Summary
When a child is called to testify in a general district court proceeding, that child has no lawyer of their own the way the parties do. Section 8.01-396.2 gives the court a tool to fix that gap: it may appoint a discreet, competent attorney as guardian ad litem specifically to look out for the minor witness’s interests, and the court has a duty to see that those interests are represented and protected.
The guardian ad litem is not free labor. When the appointed lawyer has rendered substantial service, the court may award reasonable compensation, paid from the same funds used to pay court-appointed defense counsel, at rates the Supreme Court of Virginia sets.
If the case moves up to circuit court on appeal, the guardian ad litem does not automatically disappear — the circuit court can keep the same lawyer in place or appoint a different one. Separately, a circuit court can appoint a guardian ad litem for a minor witness in serious criminal-adjacent proceedings: sexual assault under Article 7 of Chapter 4, commercial sex trafficking or prostitution offenses under Article 3 of Chapter 8, and family offenses under Article 4 of Chapter 8 of Title 18.2.
Frequently Asked Questions
When can a general district court appoint a guardian ad litem for a minor witness?
When the court determines that circumstances require it, in any proceeding before the general district court in which a minor is called to testify.
Who pays the guardian ad litem for a minor witness?
When the guardian ad litem has rendered substantial service to the court’s satisfaction, the court may allow reasonable compensation paid from the funds appropriated for court-appointed counsel, at the rates and procedures the Supreme Court of Virginia sets.
Does the guardian ad litem appointment continue if the case is appealed?
If the matter is appealed to circuit court, that court may continue the existing guardian ad litem’s appointment or appoint another discreet and competent attorney-at-law instead.
Can a circuit court appoint a guardian ad litem for a minor witness on its own?
Yes, in proceedings involving criminal sexual assault, commercial sex trafficking or prostitution, or family offenses under the specified articles of Title 18.2, a circuit court may appoint a guardian ad litem for a minor witness called to testify.
What qualifications must the appointed guardian ad litem have?
The statute requires a discreet and competent attorney-at-law.
Amendment History
2023, c. 378; 2025, c. 334.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
Also known as: virginia guardian ad litem minor witnessva code 8.01-396.2virginia child witness attorney appointmentguardian ad litem compensation virginiaminor witness protection general district court virginia