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1996 SESSION

960277801
HOUSE BILL NO. 453
Offered January 17, 1996
A BILL to amend and reenact § 19.2-155 of the Code of Virginia, relating to the disqualification or temporary disability of an attorney for the Commonwealth.
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Patrons-- Albo, Callahan, Cox, Drake, Dudley, Hamilton, Katzen, Marshall, O'Brien, Purkey, Reid, Wagner, Wardrup, Way and Wilkins; Senators: Hanger and Martin
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Referred to Committee for Courts of Justice
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Be it enacted by the General Assembly of Virginia:

1. That § 19.2-155 of the Code of Virginia is amended and reenacted as follows:

§ 19.2-155. Disqualification or temporary disability of attorney for Commonwealth; appointment of substitute; powers, duties and compensation of such appointee.

If the attorney for the Commonwealth of any county or city is connected by blood or marriage with the accused, or is so situated with respect to such accused as to render it improper, in his opinion, concurred in by the judge, for him to act, or if such attorney for the Commonwealth of any county or city is unable to act, or to attend to his official duties as attorney for the Commonwealth, due to sickness, disability or other reason of a temporary nature, then upon notification by such attorney for the Commonwealth, or upon the certificate of his attending physician, or the clerk of the court, which fact shall be entered of record, the judge of the circuit court shall appoint an attorney-at-law from another jurisdiction an attorney for the Commonwealth or an assistant attorney for the Commonwealth, who is not authorized by law to engage in private practice for such case or cases, term or terms of court, or period or periods of time, as may be necessary or desirable, and the same to be forthwith entered of record. Such attorney-at-law appointee shall act in place of, and otherwise perform the duties and exercise the powers of, such disqualified or disabled attorney for the Commonwealth, in regard to such case or cases, for the term or terms of the court, or the period or periods of time, for which the appointment and designation is made, or until the disqualified or disabled attorney for the Commonwealth shall again be able to attend to his duties as such.

The attorney-at-law so appointed shall receive such compensation as is deemed reasonable by the Compensation Board, such compensation and expenses to be paid by the Compensation Board.

An attorney for the Commonwealth or assistant attorney for the Commonwealth who is required by law to devote full time to his duties as such shall not receive additional compensation for services rendered on appointment pursuant to this section. However, such attorney for the Commonwealth or assistant may receive reimbursement for actual expenses incurred, as approved by the Compensation Board to be paid by the Compensation Board, provided such expenses are not otherwise reimbursed by the county or city which he is elected or appointed to serve or by the Compensation Board.