15.2-1630 - (For applicability, see note) Attorneys for the Commonwealth for cities; no additional compensation for substituting for or assisting any other attorney for the Commonwealth or assistant.
§ 15.2-1630. (For applicability, see note) Attorneys for the Commonwealth forcities; no additional compensation for substituting for or assisting anyother attorney for the Commonwealth or assistant.
The voters in every city shall elect, for a term of four years, an attorneyfor the Commonwealth. Any city not required to have or to elect such officerprior to July 1, 1971, shall not be so required by this section. Assistantattorneys for the Commonwealth for cities may be appointed by the attorneyfor the Commonwealth for such city. Such assistants shall receive suchcompensation as shall be fixed in the manner provided by law. All assistantattorneys for the Commonwealth shall perform such duties as are prescribed bytheir respective attorney for the Commonwealth. In cities having a populationof more than 35,000, attorneys for the Commonwealth and all assistantattorneys for the Commonwealth shall devote full time to their duties, andshall not engage in the private practice of law; however, this provisionshall not apply in cities reaching a population of more than 35,000, whichhad a population of 35,000 or less immediately prior to the commencement ofthe term for which the attorney for the Commonwealth sought office. In citieshaving a population of more than 17,000 and less than 35,000, attorneys forthe Commonwealth and all assistant attorneys for the Commonwealth shalldevote full time to their duties, and shall not engage in the privatepractice of law, if the council of the city and the Compensation Board allconcur that he shall so serve. The office of assistant attorney for theCommonwealth heretofore created and provided for in the charters of suchcities is hereby abolished.
Notwithstanding any other provisions of law, no attorney for the Commonwealthor assistant required to devote full time to his duties shall receive anyadditional compensation from the Commonwealth or any city or county forsubstituting for or assisting any other attorney for the Commonwealth or hisassistant in any criminal prosecution or investigation.
Any attorney for the Commonwealth who is serving full time when thepopulation for his city declines to 35,000 or less, according to a new UnitedStates census, may elect to continue serving on a full-time basis for theremainder of his current term and any subsequent successive terms. So long ashe continues to serve on a full-time basis, he shall be compensated forfull-time service on the same basis as an attorney for the Commonwealth in acity having a population of 35,001.
Any city served by a full-time attorney for the Commonwealth on January 1,1993, under the provisions hereof shall continue to be served by a full-timeattorney for the Commonwealth in the event the population of such city shallhave fallen below the 17,000 population threshold in the most recent U.S.census and shall be administered in the same manner as cities withpopulations in excess of 17,000 but of 35,000 or less. In such jurisdictions,the attorney for the Commonwealth and his assistant attorneys and theirsuccessors in office shall be subject to the requirements regarding full-timeservice and part-time private practice as in effect for such positions onJanuary 1, 1993. No further action by the council of the city or theCompensation Board shall be necessary.
(Code 1950, § 15-414; 1956, c. 590; 1962, cc. 523, 623, § 15.1-821; 1971, Ex.Sess., c. 159; 1974, c. 470; 1977, c. 623; 1981, c. 296; 1983, c. 361; 1986,c. 497; 1991, c. 270; 1993, cc. 446, 620; 1994, cc. 780, 792; 1997, c. 587.)
§ 15.2-1630. (For applicability, see note) Attorneys for the Commonwealth forcities; no additional compensation for substituting for or assisting anyother attorney for the Commonwealth or assistant.
The voters in every city shall elect, for a term of four years, an attorneyfor the Commonwealth. Any city not required to have or to elect such officerprior to July 1, 1971, shall not be so required by this section. Assistantattorneys for the Commonwealth for cities may be appointed by the attorneyfor the Commonwealth for such city. Such assistants shall receive suchcompensation as shall be fixed in the manner provided by law. However,volunteer assistant attorneys for the Commonwealth serving withoutcompensation may be appointed by the attorney for the Commonwealth withoutapproval of the governing body or the Compensation Board. All assistantattorneys for the Commonwealth shall perform such duties as are prescribed bytheir respective attorney for the Commonwealth. In cities having a populationof more than 35,000, attorneys for the Commonwealth and all assistantattorneys for the Commonwealth, except volunteer assistants serving withoutcompensation, shall devote full time to their duties, and shall not engage inthe private practice of law; however, this provision shall not apply incities reaching a population of more than 35,000, which had a population of35,000 or less immediately prior to the commencement of the term for whichthe attorney for the Commonwealth sought office. In cities having apopulation of more than 17,000 and less than 35,000, attorneys for theCommonwealth and all assistant attorneys for the Commonwealth, exceptvolunteer assistants serving without compensation, shall devote full time totheir duties, and shall not engage in the private practice of law, if thecouncil of the city and the Compensation Board all concur that he shall soserve. The office of assistant attorney for the Commonwealth heretoforecreated and provided for in the charters of such cities is hereby abolished.
Notwithstanding any other provisions of law, no attorney for the Commonwealthor assistant required to devote full time to his duties shall receive anyadditional compensation from the Commonwealth or any city or county forsubstituting for or assisting any other attorney for the Commonwealth or hisassistant in any criminal prosecution or investigation.
Any attorney for the Commonwealth who is serving full time when thepopulation for his city declines to 35,000 or less, according to a new UnitedStates census, may elect to continue serving on a full-time basis for theremainder of his current term and any subsequent successive terms. So long ashe continues to serve on a full-time basis, he shall be compensated forfull-time service on the same basis as an attorney for the Commonwealth in acity having a population of 35,001.
Any city served by a full-time attorney for the Commonwealth on January 1,1993, under the provisions hereof shall continue to be served by a full-timeattorney for the Commonwealth in the event the population of such city shallhave fallen below the 17,000 population threshold in the most recent U.S.census and shall be administered in the same manner as cities withpopulations in excess of 17,000 but of 35,000 or less. In such jurisdictions,the attorney for the Commonwealth and his assistant attorneys and theirsuccessors in office shall be subject to the requirements regarding full-timeservice and part-time private practice as in effect for such positions onJanuary 1, 1993. No further action by the council of the city or theCompensation Board shall be necessary.
(Code 1950, § 15-414; 1956, c. 590; 1962, cc. 523, 623, § 15.1-821; 1971, Ex.Sess., c. 159; 1974, c. 470; 1977, c. 623; 1981, c. 296; 1983, c. 361; 1986,c. 497; 1991, c. 270; 1993, cc. 446, 620; 1994, cc. 780, 792; 1997, c. 587;2000, c. 913.)