{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/15.2-1627.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/15.2-1627.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/15.2-1627.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/15.2-1627.html"}],"law_id":84966,"edition_id":1,"section_id":84966,"structure_id":15314,"section_number":"15.2-1627","catch_line":"Duties of attorneys for the Commonwealth and their assistants","history":"1977, c. 584, \u00a7 15.1-8.1; 1978, c. 141; 1988, c. 389; 1997, c. 587; 2011, c. 210; 2017, c. 623; 2020, cc. 1285, 1286; 2021, Sp. Sess. I, cc. 489, 550, 551; 2023, cc. 314, 315.","full_text":"A\n\nNo attorney for the Commonwealth, or assistant attorney for the Commonwealth, shall be required to carry out any duties as a part of his office in civil matters of advising the governing body and all boards, departments, agencies, officials and employees of his county or city; of drafting or preparing county or city ordinances; of defending or bringing actions in which the county or city, or any of its boards, departments or agencies, or officials and employees thereof, shall be a party; or in any other manner of advising or representing the county or city, its boards, departments, agencies, officials and employees, except in matters involving the enforcement of the criminal law within the county or city.B\n\nThe attorney for the Commonwealth and assistant attorney for the Commonwealth shall be a part of the department of law enforcement of the county or city in which he is elected or appointed, and shall have the duties and powers imposed upon him by general law, including the duty of prosecuting all warrants, indictments or informations charging a felony, and he may in his discretion, prosecute Class 1, 2 and 3 misdemeanors, or any other violation, the conviction of which carries a penalty of confinement in jail, or a fine of $500 or more, or both such confinement and fine. He shall enforce all forfeitures, and carry out all duties imposed upon him by § 2.2-3126. He may enforce the provisions of § 18.2-268.3, 29.1-738.2, 46.2-341.20:7, or 46.2-341.26:3. He may, in his discretion, file a petition for appeal pursuant to Chapter 25 (§ 19.2-398 et seq.) of Title 19.2 and he shall continue to represent the Commonwealth in any such appeal before the Court of Appeals or the Supreme Court for which he was the prosecuting attorney, unless and until the Court of Appeals grants the petition, except that he shall remain counsel of record in an appeal regarding bail, bond, or recognizance pursuant to Article 1 (§ 19.2-119 et seq.) of Chapter 9 of Title 19.2 or subsection B of § 19.2-398.\n\t\t\tHe shall also represent the Commonwealth in an appeal of a civil matter related to the enforcement of a criminal law or a criminal case for which he was the prosecuting attorney, including a petition for expungement of a defendant’s criminal record, an action of forfeiture filed in accordance with the provisions of Chapter 22.1 (§ 19.2-386.1 et seq.) of Title 19.2, or any matter which he may enforce pursuant to this section.","order_by":null,"text":{"0":{"id":304547,"text":"No attorney for the Commonwealth, or assistant attorney for the Commonwealth, shall be required to carry out any duties as a part of his office in civil matters of advising the governing body and all boards, departments, agencies, officials and employees of his county or city; of drafting or preparing county or city ordinances; of defending or bringing actions in which the county or city, or any of its boards, departments or agencies, or officials and employees thereof, shall be a party; or in any other manner of advising or representing the county or city, its boards, departments, agencies, officials and employees, except in matters involving the enforcement of the criminal law within the county or city.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":304548,"text":"The attorney for the Commonwealth and assistant attorney for the Commonwealth shall be a part of the department of law enforcement of the county or city in which he is elected or appointed, and shall have the duties and powers imposed upon him by general law, including the duty of prosecuting all warrants, indictments or informations charging a felony, and he may in his discretion, prosecute Class 1, 2 and 3 misdemeanors, or any other violation, the conviction of which carries a penalty of confinement in jail, or a fine of $500 or more, or both such confinement and fine. He shall enforce all forfeitures, and carry out all duties imposed upon him by § 2.2-3126. He may enforce the provisions of § 18.2-268.3, 29.1-738.2, 46.2-341.20:7, or 46.2-341.26:3. He may, in his discretion, file a petition for appeal pursuant to Chapter 25 (§ 19.2-398 et seq.) of Title 19.2 and he shall continue to represent the Commonwealth in any such appeal before the Court of Appeals or the Supreme Court for which he was the prosecuting attorney, unless and until the Court of Appeals grants the petition, except that he shall remain counsel of record in an appeal regarding bail, bond, or recognizance pursuant to Article 1 (§ 19.2-119 et seq.) of Chapter 9 of Title 19.2 or subsection B of § 19.2-398.\n\t\t\tHe shall also represent the Commonwealth in an appeal of a civil matter related to the enforcement of a criminal law or a criminal case for which he was the prosecuting attorney, including a petition for expungement of a defendant’s criminal record, an action of forfeiture filed in accordance with the provisions of Chapter 22.1 (§ 19.2-386.1 et seq.) of Title 19.2, or any matter which he may enforce pursuant to this section.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":15314,"edition_id":1,"name":"Attorney for the Commonwealth","identifier":"4","label":"article","depth":4,"order_by":1,"parent_id":12877,"metadata":{},"date_created":"2026-06-26 03:53:52","date_modified":"2026-06-26 03:53:52","permalink":{"id":153493,"object_type":"structure","relational_id":15314,"identifier":"4","token":"15.2\/II\/16\/4","url":"\/15.2\/II\/16\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12877,"edition_id":1,"name":"Local Constitutional Officers, Courthouses and Supplies","identifier":"16","label":"chapter","depth":3,"order_by":1,"parent_id":12733,"metadata":{},"date_created":"2026-06-26 03:43:58","date_modified":"2026-06-26 03:43:58","permalink":{"id":153305,"object_type":"structure","relational_id":12877,"identifier":"16","token":"15.2\/II\/16","url":"\/15.2\/II\/16\/","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":62591,"structure_id":15314,"section_number":"15.2-1626","catch_line":"Attorney for the Commonwealth","url":"\/15.2-1626\/","token":"15.2\/II\/16\/4\/15.2-1626","metadata":false},{"id":84966,"structure_id":15314,"section_number":"15.2-1627","catch_line":"Duties of attorneys for the Commonwealth and their assistants","url":"\/15.2-1627\/","token":"15.2\/II\/16\/4\/15.2-1627","metadata":false},{"id":79840,"structure_id":15314,"section_number":"15.2-1627.1","catch_line":"Salaries of attorneys for the Commonwealth and assistants","url":"\/15.2-1627.1\/","token":"15.2\/II\/16\/4\/15.2-1627.1","metadata":false},{"id":84557,"structure_id":15314,"section_number":"15.2-1627.2","catch_line":"Disposition of fees of attorneys for the Commonwealth","url":"\/15.2-1627.2\/","token":"15.2\/II\/16\/4\/15.2-1627.2","metadata":false},{"id":65171,"structure_id":15314,"section_number":"15.2-1627.3","catch_line":"Attorneys for the Commonwealth and city attorneys; in criminal cases; when no costs or fees taxed","url":"\/15.2-1627.3\/","token":"15.2\/II\/16\/4\/15.2-1627.3","metadata":false},{"id":58304,"structure_id":15314,"section_number":"15.2-1627.4","catch_line":"(Effective September 1, 2022) Coordination of multidisciplinary response to sexual assault","url":"\/15.2-1627.4\/","token":"15.2\/II\/16\/4\/15.2-1627.4","metadata":false},{"id":79732,"structure_id":15314,"section_number":"15.2-1627.5","catch_line":"Coordination of multidisciplinary response to child sexual abuse and the abuse, neglect, and exploitation of adults","url":"\/15.2-1627.5\/","token":"15.2\/II\/16\/4\/15.2-1627.5","metadata":false},{"id":76931,"structure_id":15314,"section_number":"15.2-1627.6","catch_line":"Coordination of multidisciplinary response to human trafficking","url":"\/15.2-1627.6\/","token":"15.2\/II\/16\/4\/15.2-1627.6","metadata":false},{"id":66955,"structure_id":15314,"section_number":"15.2-1628","catch_line":"Attorneys for the Commonwealth and assistants in certain counties to devote full time to duties; no additional compensation for substituting for or assisting any other attorney for the Commonwealth or assistant","url":"\/15.2-1628\/","token":"15.2\/II\/16\/4\/15.2-1628","metadata":false},{"id":66628,"structure_id":15314,"section_number":"15.2-1629","catch_line":"Part-time attorneys for the Commonwealth in certain counties may seek full-time status","url":"\/15.2-1629\/","token":"15.2\/II\/16\/4\/15.2-1629","metadata":false},{"id":84132,"structure_id":15314,"section_number":"15.2-1630","catch_line":"Attorneys for the Commonwealth for cities; no additional compensation for substituting for or assisting any other attorney for the Commonwealth or assistant","url":"\/15.2-1630\/","token":"15.2\/II\/16\/4\/15.2-1630","metadata":false},{"id":59761,"structure_id":15314,"section_number":"15.2-1631","catch_line":"Part-time attorneys for the Commonwealth in certain cities may seek full-time status","url":"\/15.2-1631\/","token":"15.2\/II\/16\/4\/15.2-1631","metadata":false},{"id":85721,"structure_id":15314,"section_number":"15.2-1632","catch_line":"Employment of assistants to attorneys for the Commonwealth, subject to approval of Compensation Board","url":"\/15.2-1632\/","token":"15.2\/II\/16\/4\/15.2-1632","metadata":false},{"id":70243,"structure_id":15314,"section_number":"15.2-1633","catch_line":"Part-time compensated assistants to attorneys for the Commonwealth","url":"\/15.2-1633\/","token":"15.2\/II\/16\/4\/15.2-1633","metadata":false}],"previous_section":{"id":62591,"structure_id":15314,"section_number":"15.2-1626","catch_line":"Attorney for the Commonwealth","url":"\/15.2-1626\/","token":"15.2\/II\/16\/4\/15.2-1626","metadata":false},"next_section":{"id":79840,"structure_id":15314,"section_number":"15.2-1627.1","catch_line":"Salaries of attorneys for the Commonwealth and assistants","url":"\/15.2-1627.1\/","token":"15.2\/II\/16\/4\/15.2-1627.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/15.2-1627\/","history_text":"

This law was first created in 1977. The record of its establishment is cataloged in chapter 584 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 1977 \u201cActs\u201d aren\u2019t available online. It has been modified 7 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 1978, chapter 141; in 1988, chapter 389; in 1997, chapter 587<\/a>; in 2011, chapter 210<\/a>; in 2017, chapter 623<\/a>; in 2020, chapters 1285<\/a> and 1286<\/a>; in 2023, chapters 314<\/a> and 315<\/a>.<\/p>","references":[{"id":65814,"section_number":"15.2-1542","catch_line":"Creation of office of county, city or town attorney authorized; appointment, salary and duties","order_by":null,"url":"\/15.2-1542\/"}],"refers_to":[{"id":54870,"section_number":"18.2-268.3","catch_line":"Refusal of tests; penalties; procedures","order_by":null,"url":"\/18.2-268.3\/"},{"id":61367,"section_number":"19.2-119","catch_line":"Definitions","order_by":null,"url":"\/19.2-119\/"},{"id":68052,"section_number":"19.2-386.1","catch_line":"Commencing an action of forfeiture","order_by":null,"url":"\/19.2-386.1\/"},{"id":70900,"section_number":"19.2-398","catch_line":"When appeal by the Commonwealth allowed","order_by":null,"url":"\/19.2-398\/"},{"id":61816,"section_number":"2.2-3126","catch_line":"Enforcement","order_by":null,"url":"\/2.2-3126\/"},{"id":60579,"section_number":"29.1-738.2","catch_line":"Consent to blood or breath test","order_by":null,"url":"\/29.1-738.2\/"},{"id":55736,"section_number":"46.2-341.20:7","catch_line":"Possession of marijuana in commercial motor vehicle unlawful; civil penalty","order_by":null,"url":"\/46.2-341.20_7\/"},{"id":54631,"section_number":"46.2-341.26:3","catch_line":"Refusal of tests; issuance of out-of-service orders; disqualification","order_by":null,"url":"\/46.2-341.26_3\/"}],"permalink":{"id":153499,"object_type":"law","relational_id":84966,"identifier":"15.2-1627","token":"15.2\/II\/16\/4\/15.2-1627","url":"\/15.2-1627\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/15.2-1627\/","token":"15.2\/II\/16\/4\/15.2-1627","dublin_core":{"Title":"Duties of attorneys for the Commonwealth and their assistants","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-1627","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> No attorney for the Commonwealth, or assistant attorney for the Commonwealth, shall be required to carry out any duties as a part of his office in civil matters of advising the governing body<\/span> and all boards, departments, agencies, officials and employees of his county<\/span> or city<\/span>; of drafting or preparing county<\/span> or city<\/span> ordinances<\/span>; of defending or bringing actions in which the county<\/span> or city<\/span>, or any of its boards, departments or agencies, or officials and employees thereof, shall be a party<\/span>; or in any other manner of advising or representing the county<\/span> or city<\/span>, its boards, departments, agencies, officials and employees, except in matters involving the enforcement of the criminal law<\/span> within the county<\/span> or city<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The attorney for the Commonwealth and assistant attorney for the Commonwealth shall be a part of the department of law<\/span> enforcement of the county<\/span> or city<\/span> in which he is elected or appointed, and shall have the duties and powers imposed upon him by general law<\/span>, including the duty of prosecuting all warrants, indictments<\/span> or informations charging a felony<\/span>, and he may in his discretion, prosecute<\/span> Class 1, 2 and 3 misdemeanors<\/span>, or any other violation, the conviction<\/span> of which carries a penalty<\/span> of confinement in jail, or a fine of $500 or more, or both such confinement and fine. He shall enforce all forfeitures, and carry out all duties imposed upon him by § 2.2-3126<\/a>. He may enforce the provisions of § 18.2-268.3<\/a>, 29.1-738.2<\/a>, 46.2-341.20:7<\/a>, or 46.2-341.26:3<\/a>. He may, in his discretion, file a petition<\/span> for appeal<\/span> pursuant to Chapter 25 (§ 19.2-398<\/a> et seq.) of Title 19.2 and he shall continue to represent the Commonwealth in any such appeal<\/span> before the Court<\/span> of Appeals<\/span> or the Supreme Court<\/span> for which he was the prosecuting attorney, unless and until the Court<\/span> of Appeals<\/span> grants the petition<\/span>, except that he shall remain counsel<\/span> of record in an appeal<\/span> regarding bail<\/span>, bond<\/span>, or recognizance<\/span> pursuant to Article 1 (§ 19.2-119<\/a> et seq.) of Chapter 9 of Title 19.2 or subsection B of § 19.2-398<\/a>.\n\t\t\tHe shall also represent the Commonwealth in an appeal<\/span> of a civil matter related to the enforcement of a criminal law<\/span> or a criminal case for which he was the prosecuting attorney, including a petition<\/span> for expungement of a defendant<\/span>’s criminal record, an action of forfeiture filed in accordance with the provisions of Chapter 22.1 (§ 19.2-386.1<\/a> et seq.) of Title 19.2, or any matter which he may enforce pursuant to this section. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDUTIES OF ATTORNEYS FOR THE COMMONWEALTH AND THEIR ASSISTANTS (\u00a7 15.2-1627)\n\nA. No attorney for the Commonwealth, or assistant attorney for the Commonwealth,\nshall be required to carry out any duties as a part of his office in civil\nmatters of advising the governing body and all boards, departments, agencies,\nofficials and employees of his county or city; of drafting or preparing county\nor city ordinances; of defending or bringing actions in which the county or\ncity, or any of its boards, departments or agencies, or officials and employees\nthereof, shall be a party; or in any other manner of advising or representing\nthe county or city, its boards, departments, agencies, officials and employees,\nexcept in matters involving the enforcement of the criminal law within the\ncounty or city.\n\nB. The attorney for the Commonwealth and assistant attorney for the Commonwealth\nshall be a part of the department of law enforcement of the county or city in\nwhich he is elected or appointed, and shall have the duties and powers imposed\nupon him by general law, including the duty of prosecuting all warrants,\nindictments or informations charging a felony, and he may in his discretion,\nprosecute Class 1, 2 and 3 misdemeanors, or any other violation, the conviction\nof which carries a penalty of confinement in jail, or a fine of $500 or more, or\nboth such confinement and fine. He shall enforce all forfeitures, and carry out\nall duties imposed upon him by § 2.2-3126. He may enforce the provisions of\n§ 18.2-268.3, 29.1-738.2, 46.2-341.20:7, or 46.2-341.26:3. He may, in his\ndiscretion, file a petition for appeal pursuant to Chapter 25 (§ 19.2-398\net seq.) of Title 19.2 and he shall continue to represent the Commonwealth in\nany such appeal before the Court of Appeals or the Supreme Court for which he\nwas the prosecuting attorney, unless and until the Court of Appeals grants the\npetition, except that he shall remain counsel of record in an appeal regarding\nbail, bond, or recognizance pursuant to Article 1 (§ 19.2-119 et seq.) of\nChapter 9 of Title 19.2 or subsection B of § 19.2-398.\n\t\t\tHe shall also represent the Commonwealth in an appeal of a civil matter\nrelated to the enforcement of a criminal law or a criminal case for which he was\nthe prosecuting attorney, including a petition for expungement of a\ndefendant’s criminal record, an action of forfeiture filed in accordance\nwith the provisions of Chapter 22.1 (§ 19.2-386.1 et seq.) of Title 19.2,\nor any matter which he may enforce pursuant to this section.\n\nHISTORY: 1977, c. 584, \u00a7 15.1-8.1; 1978, c. 141; 1988, c. 389; 1997, c. 587;\n2011, c. 210; 2017, c. 623; 2020, cc. 1285, 1286; 2021, Sp. Sess. I, cc. 489,\n550, 551; 2023, cc. 314, 315.","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}}