{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/15.2-1542.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/15.2-1542.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/15.2-1542.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/15.2-1542.html"}],"law_id":65814,"edition_id":1,"section_id":65814,"structure_id":15096,"section_number":"15.2-1542","catch_line":"Creation of office of county, city or town attorney authorized; appointment, salary and duties","history":"1968, c. 695, \u00a7 15.1-9.1:1; 1974, c. 305; 1977, c. 584; 1979, c. 328, \u00a7 15.1-9.1:01; 1981, c. 122; 1982, c. 30; 1994, c. 357; 1995, c. 740, \u00a7 15.1-9.1:3; 1997, c. 587; 2002, c. 802.","full_text":"A\n\nEvery county, city or town, not otherwise authorized to create the office, may create the office of county, city or town attorney. Such attorney shall be appointed by the governing body to serve at the pleasure of the governing body. He shall serve at a salary or at an hourly rate to be fixed by the governing body and shall be allowed to recover his reasonable costs expended. Any such attorney serving at an hourly rate shall provide the locality with an itemized list of fees and expenses. In the event of the appointment of such attorney, the attorney for the Commonwealth for such locality shall be relieved of any duty imposed upon him by law in civil matters of advising the governing body and all boards, departments, agencies, officials and employees of the locality, of drafting or preparing ordinances, of defending or bringing actions in which the local government or any of its boards, departments or agencies, or officials or employees, thereof, shall be a party, and in any other manner advising or representing the local government, its boards, departments, agencies, officials and employees, and all such duties shall be performed by the local government attorney. Nothing herein, however, shall relieve such attorney for the Commonwealth from any of the other duties imposed on him by law including those imposed by § 2.2-3126.B\n\nThe county attorney may prosecute violations of the Uniform Statewide Building Code, the Statewide Fire Prevention Code and all other ordinances as may be agreed upon with the attorney for the Commonwealth. Such attorney shall be accountable to the governing body in the performance of his duties.C\n\nThe county attorney of Montgomery, Fairfax or Prince William Counties may prosecute violations of county ordinances, except those ordinances which regulate, in a manner similar to State statute, the operation of motor vehicles on the highway.D\n\nCity and town attorneys, if so authorized by their local governing bodies, and with the concurrence of the attorney for the Commonwealth for the locality, may prosecute criminal cases charging either the violation of city or town ordinances, or the commission of misdemeanors within the city or town, notwithstanding the provisions of § 15.2-1627.","order_by":null,"text":{"0":{"id":239215,"text":"Every county, city or town, not otherwise authorized to create the office, may create the office of county, city or town attorney. Such attorney shall be appointed by the governing body to serve at the pleasure of the governing body. He shall serve at a salary or at an hourly rate to be fixed by the governing body and shall be allowed to recover his reasonable costs expended. Any such attorney serving at an hourly rate shall provide the locality with an itemized list of fees and expenses. In the event of the appointment of such attorney, the attorney for the Commonwealth for such locality shall be relieved of any duty imposed upon him by law in civil matters of advising the governing body and all boards, departments, agencies, officials and employees of the locality, of drafting or preparing ordinances, of defending or bringing actions in which the local government or any of its boards, departments or agencies, or officials or employees, thereof, shall be a party, and in any other manner advising or representing the local government, its boards, departments, agencies, officials and employees, and all such duties shall be performed by the local government attorney. Nothing herein, however, shall relieve such attorney for the Commonwealth from any of the other duties imposed on him by law including those imposed by § 2.2-3126.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":239216,"text":"The county attorney may prosecute violations of the Uniform Statewide Building Code, the Statewide Fire Prevention Code and all other ordinances as may be agreed upon with the attorney for the Commonwealth. Such attorney shall be accountable to the governing body in the performance of his duties.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":239217,"text":"The county attorney of Montgomery, Fairfax or Prince William Counties may prosecute violations of county ordinances, except those ordinances which regulate, in a manner similar to State statute, the operation of motor vehicles on the highway.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":239218,"text":"City and town attorneys, if so authorized by their local governing bodies, and with the concurrence of the attorney for the Commonwealth for the locality, may prosecute criminal cases charging either the violation of city or town ordinances, or the commission of misdemeanors within the city or town, notwithstanding the provisions of § 15.2-1627.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":15096,"edition_id":1,"name":"Other Officers of Local Governments","identifier":"7","label":"article","depth":4,"order_by":1,"parent_id":12734,"metadata":{},"date_created":"2026-06-26 03:52:07","date_modified":"2026-06-26 03:52:07","permalink":{"id":153237,"object_type":"structure","relational_id":15096,"identifier":"7","token":"15.2\/II\/15\/7","url":"\/15.2\/II\/15\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12734,"edition_id":1,"name":"Local Government Personnel, Qualification for Office, Bonds, Dual Office Holding and Certain Local Government Officers","identifier":"15","label":"chapter","depth":3,"order_by":1,"parent_id":12733,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":153003,"object_type":"structure","relational_id":12734,"identifier":"15","token":"15.2\/II\/15","url":"\/15.2\/II\/15\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12733,"edition_id":1,"name":"Powers of Local Government","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12720,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":152369,"object_type":"structure","relational_id":12733,"identifier":"II","token":"15.2\/II","url":"\/15.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12720,"edition_id":1,"name":"Counties, Cities and Towns","identifier":"15.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":151279,"object_type":"structure","relational_id":12720,"identifier":"15.2","token":"15.2","url":"\/15.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":71840,"structure_id":15096,"section_number":"15.2-1536","catch_line":"Required and discretionary officers","url":"\/15.2-1536\/","token":"15.2\/II\/15\/7\/15.2-1536","metadata":false},{"id":83892,"structure_id":15096,"section_number":"15.2-1537","catch_line":"Financial officer","url":"\/15.2-1537\/","token":"15.2\/II\/15\/7\/15.2-1537","metadata":false},{"id":67395,"structure_id":15096,"section_number":"15.2-1537.1","catch_line":"Disposition of state funds locally collected","url":"\/15.2-1537.1\/","token":"15.2\/II\/15\/7\/15.2-1537.1","metadata":false},{"id":80783,"structure_id":15096,"section_number":"15.2-1538","catch_line":"Clerk for the governing body","url":"\/15.2-1538\/","token":"15.2\/II\/15\/7\/15.2-1538","metadata":false},{"id":86503,"structure_id":15096,"section_number":"15.2-1539","catch_line":"General duties of clerk","url":"\/15.2-1539\/","token":"15.2\/II\/15\/7\/15.2-1539","metadata":false},{"id":57521,"structure_id":15096,"section_number":"15.2-1540","catch_line":"Chief administrative officer","url":"\/15.2-1540\/","token":"15.2\/II\/15\/7\/15.2-1540","metadata":false},{"id":60562,"structure_id":15096,"section_number":"15.2-1541","catch_line":"Administrative head of government","url":"\/15.2-1541\/","token":"15.2\/II\/15\/7\/15.2-1541","metadata":false},{"id":64899,"structure_id":15096,"section_number":"15.2-1541.1","catch_line":"Authority of county administrator to maintain centralized system of accounting","url":"\/15.2-1541.1\/","token":"15.2\/II\/15\/7\/15.2-1541.1","metadata":false},{"id":65814,"structure_id":15096,"section_number":"15.2-1542","catch_line":"Creation of office of county, city or town attorney authorized; appointment, salary and duties","url":"\/15.2-1542\/","token":"15.2\/II\/15\/7\/15.2-1542","metadata":false},{"id":79279,"structure_id":15096,"section_number":"15.2-1543","catch_line":"Employment of purchasing agent; duties","url":"\/15.2-1543\/","token":"15.2\/II\/15\/7\/15.2-1543","metadata":false}],"previous_section":{"id":64899,"structure_id":15096,"section_number":"15.2-1541.1","catch_line":"Authority of county administrator to maintain centralized system of accounting","url":"\/15.2-1541.1\/","token":"15.2\/II\/15\/7\/15.2-1541.1","metadata":false},"next_section":{"id":79279,"structure_id":15096,"section_number":"15.2-1543","catch_line":"Employment of purchasing agent; duties","url":"\/15.2-1543\/","token":"15.2\/II\/15\/7\/15.2-1543","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/15.2-1542\/","history_text":"

This law was first created in 1968. The record of its establishment is cataloged in chapter 695 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1968 \u201cActs\u201d aren\u2019t available online. It has been modified 9 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1974, chapter 305; in 1977, chapter 584; in 1979, chapter 328; in 1981, chapter 122; in 1982, chapter 30; in 1994, chapter 357<\/a>; in 1995, chapter 740<\/a>; in 1997, chapter 587<\/a>; in 2002, chapter 802<\/a>.<\/p>","references":[{"id":60938,"section_number":"15.2-2308.1","catch_line":"Boards of zoning appeals, ex parte communications, proceedings","order_by":null,"url":"\/15.2-2308.1\/"},{"id":71919,"section_number":"15.2-529","catch_line":"Appointment of county attorney","order_by":null,"url":"\/15.2-529\/"},{"id":68249,"section_number":"51.1-155.2","catch_line":"Exceptions from general early retirement provisions for certain local government officials","order_by":null,"url":"\/51.1-155.2\/"}],"refers_to":[{"id":84966,"section_number":"15.2-1627","catch_line":"Duties of attorneys for the Commonwealth and their assistants","order_by":null,"url":"\/15.2-1627\/"}],"permalink":{"id":153271,"object_type":"law","relational_id":65814,"identifier":"15.2-1542","token":"15.2\/II\/15\/7\/15.2-1542","url":"\/15.2-1542\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/15.2-1542\/","token":"15.2\/II\/15\/7\/15.2-1542","dublin_core":{"Title":"Creation of office of county, city or town attorney authorized; appointment, salary and duties","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-1542","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Every county<\/span>, city<\/span> or town<\/span>, not otherwise authorized to create the office, may create the office of county<\/span>, city<\/span> or town<\/span> attorney. Such attorney shall be appointed by the governing body<\/span> to serve at the pleasure of the governing body<\/span>. He shall serve at a salary or at an hourly rate to be fixed by the governing body<\/span> and shall be allowed to recover his reasonable costs expended. Any such attorney serving at an hourly rate shall provide the locality<\/span> with an itemized list of fees and expenses. In the event of the appointment of such attorney, the attorney for the Commonwealth for such locality<\/span> shall be relieved of any duty imposed upon him by law<\/span> in civil matters of advising the governing body<\/span> and all boards, departments, agencies, officials and employees of the locality<\/span>, of drafting or preparing ordinances<\/span>, of defending or bringing actions in which the local government<\/span> or any of its boards, departments or agencies, or officials or employees, thereof, shall be a party<\/span>, and in any other manner advising or representing the local government<\/span>, its boards, departments, agencies, officials and employees, and all such duties shall be performed by the local government<\/span> attorney. Nothing herein, however, shall relieve such attorney for the Commonwealth from any of the other duties imposed on him by law<\/span> including those imposed by § 2.2-3126<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The county<\/span> attorney may prosecute<\/span> violations of the Uniform Statewide Building Code, the Statewide Fire Prevention Code and all other ordinances<\/span> as may be agreed upon with the attorney for the Commonwealth. Such attorney shall be accountable to the governing body<\/span> in the performance of his duties. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The county<\/span> attorney of Montgomery, Fairfax or Prince William Counties may prosecute<\/span> violations of county<\/span> ordinances<\/span>, except those ordinances<\/span> which regulate, in a manner similar to State statute<\/span>, the operation of motor vehicles on the highway. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> City<\/span> and town<\/span> attorneys, if so authorized by their local governing bodies, and with the concurrence of the attorney for the Commonwealth for the locality<\/span>, may prosecute<\/span> criminal cases charging either the violation of city<\/span> or town<\/span> ordinances<\/span>, or the commission of misdemeanors<\/span> within the city<\/span> or town<\/span>, notwithstanding the provisions of § 15.2-1627<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCREATION OF OFFICE OF COUNTY, CITY OR TOWN ATTORNEY AUTHORIZED; APPOINTMENT,\nSALARY AND DUTIES (\u00a7 15.2-1542)\n\nA. Every county, city or town, not otherwise authorized to create the office,\nmay create the office of county, city or town attorney. Such attorney shall be\nappointed by the governing body to serve at the pleasure of the governing body.\nHe shall serve at a salary or at an hourly rate to be fixed by the governing\nbody and shall be allowed to recover his reasonable costs expended. Any such\nattorney serving at an hourly rate shall provide the locality with an itemized\nlist of fees and expenses. In the event of the appointment of such attorney, the\nattorney for the Commonwealth for such locality shall be relieved of any duty\nimposed upon him by law in civil matters of advising the governing body and all\nboards, departments, agencies, officials and employees of the locality, of\ndrafting or preparing ordinances, of defending or bringing actions in which the\nlocal government or any of its boards, departments or agencies, or officials or\nemployees, thereof, shall be a party, and in any other manner advising or\nrepresenting the local government, its boards, departments, agencies, officials\nand employees, and all such duties shall be performed by the local government\nattorney. Nothing herein, however, shall relieve such attorney for the\nCommonwealth from any of the other duties imposed on him by law including those\nimposed by § 2.2-3126.\n\nB. The county attorney may prosecute violations of the Uniform Statewide\nBuilding Code, the Statewide Fire Prevention Code and all other ordinances as\nmay be agreed upon with the attorney for the Commonwealth. Such attorney shall\nbe accountable to the governing body in the performance of his duties.\n\nC. The county attorney of Montgomery, Fairfax or Prince William Counties may\nprosecute violations of county ordinances, except those ordinances which\nregulate, in a manner similar to State statute, the operation of motor vehicles\non the highway.\n\nD. City and town attorneys, if so authorized by their local governing bodies,\nand with the concurrence of the attorney for the Commonwealth for the locality,\nmay prosecute criminal cases charging either the violation of city or town\nordinances, or the commission of misdemeanors within the city or town,\nnotwithstanding the provisions of § 15.2-1627.\n\nHISTORY: 1968, c. 695, \u00a7 15.1-9.1:1; 1974, c. 305; 1977, c. 584; 1979, c. 328,\n\u00a7 15.1-9.1:01; 1981, c. 122; 1982, c. 30; 1994, c. 357; 1995, c. 740, \u00a7\n15.1-9.1:3; 1997, c. 587; 2002, c. 802.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}