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1996 SESSION
960277801Patrons-- Albo, Callahan, Cox, Drake, Dudley, Hamilton, Katzen, Marshall, O'Brien, Purkey, Reid, Wagner, Wardrup, Way and Wilkins; Senators: Hanger and Martin
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. [ However, if
the circuit court determines that the appointment of such attorney for the
Commonwealth or such assistant attorney for the Commonwealth is not appropriate
or that such an attorney or assistant is unavailable, then the circuit court
may appoint an attorney-at-law who shall be compensated pursuant to §
19.2-332. Nothing herein shall prevent a city or county attorney or assistant
city or county attorney from being appointed as a substitute attorney for the
Commonwealth and serving without compensation. ] 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.