19.2-155 - Disqualification or temporary disability of attorney for Commonwealth; appointment of substitute; powers, duties and compensation of such appointee.
§ 19.2-155. Disqualification or temporary disability of attorney forCommonwealth; appointment of substitute; powers, duties and compensation ofsuch appointee.
If the attorney for the Commonwealth of any county or city is connected byblood or marriage with the accused, or is so situated with respect to suchaccused 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 orcity is unable to act, or to attend to his official duties as attorney forthe Commonwealth, due to sickness, disability or other reason of a temporarynature, then upon notification by such attorney for the Commonwealth, or uponthe certificate of his attending physician, or the clerk of the court, whichfact shall be entered of record, the judge of the circuit court shall appointfrom another jurisdiction an attorney for the Commonwealth or an assistantattorney for the Commonwealth, with the consent of such attorney for theCommonwealth or assistant, who is not authorized by law to engage in privatepractice for such case or cases, term or terms of court, or period or periodsof time, as may be necessary or desirable, and the same to be forthwithentered of record. However, if the circuit court determines that theappointment of such attorney for the Commonwealth or such assistant attorneyfor the Commonwealth is not appropriate or that such an attorney or assistantis unavailable, or for other good cause, then the circuit court may appointan attorney-at-law who shall be compensated pursuant to § 19.2-332. Suchappointee shall act in place of, and otherwise perform the duties andexercise the powers of, such disqualified or disabled attorney for theCommonwealth, in regard to such case or cases, for the term or terms of thecourt, or the period or periods of time, for which the appointment anddesignation is made, or until the disqualified or disabled attorney for theCommonwealth shall again be able to attend to his duties as such. Nothingherein shall prevent a court from appointing as a special assistant attorneyfor the Commonwealth, without additional compensation, an attorney employedby a state agency when such appointment is requested by the attorney for theCommonwealth and the court determines such appointment will aid in theprosecution of a particular case or cases.
An attorney for the Commonwealth or assistant attorney for the Commonwealthwho is required by law to devote full time to his duties as such shall notreceive additional compensation for services rendered on appointment pursuantto this section. However, such attorney for the Commonwealth or assistant mayreceive reimbursement for actual expenses incurred, as approved by theCompensation Board to be paid by the Compensation Board, provided suchexpenses are not otherwise reimbursed by the county or city which he iselected or appointed to serve or by the Compensation Board.
(Code 1950, §§ 19.1-9, 19.1-10; 1960, c. 366; 1975, c. 495; 1983, c. 362;1985, c. 321; 1996, c. 968.)