{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-155.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-155.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-155.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-155.html"}],"law_id":62406,"edition_id":1,"section_id":62406,"structure_id":15992,"section_number":"19.2-155","catch_line":"Disqualification or temporary disability of attorney for Commonwealth; appointment of substitute; powers, duties and compensation of such appointee","history":"Code 1950, \u00a7\u00a7 19.1-9, 19.1-10; 1960, c. 366; 1975, c. 495; 1983, c. 362; 1985, c. 321; 1996, c. 968.","full_text":"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 from another jurisdiction an attorney for the Commonwealth or an assistant attorney for the Commonwealth, with the consent of such attorney for the Commonwealth or assistant, 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, or for other good cause, then the circuit court may appoint an attorney-at-law who shall be compensated pursuant to \u00a7 19.2-332. Such 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. Nothing herein shall prevent a court from appointing as a special assistant attorney for the Commonwealth, without additional compensation, an attorney employed by a state agency when such appointment is requested by the attorney for the Commonwealth and the court determines such appointment will aid in the prosecution of a particular case or cases.\n\t\tAn 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.","order_by":null,"text":{"0":{"id":227572,"text":"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 from another jurisdiction an attorney for the Commonwealth or an assistant attorney for the Commonwealth, with the consent of such attorney for the Commonwealth or assistant, 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, or for other good cause, then the circuit court may appoint an attorney-at-law who shall be compensated pursuant to \u00a7 19.2-332. Such 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. Nothing herein shall prevent a court from appointing as a special assistant attorney for the Commonwealth, without additional compensation, an attorney employed by a state agency when such appointment is requested by the attorney for the Commonwealth and the court determines such appointment will aid in the prosecution of a particular case or cases.\n\t\tAn 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.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":15992,"edition_id":1,"name":"Disability of Attorney for Commonwealth","identifier":"2","label":"article","depth":3,"order_by":1,"parent_id":15037,"metadata":{},"date_created":"2026-06-26 04:03:18","date_modified":"2026-06-26 04:03:18","permalink":{"id":168331,"object_type":"structure","relational_id":15992,"identifier":"2","token":"19.2\/10\/2","url":"\/19.2\/10\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":15037,"edition_id":1,"name":"Disability of Judge or Attorney for Commonwealth; Court- Appointed Counsel; Interpreters; Transcripts","identifier":"10","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:51:40","date_modified":"2026-06-26 03:51:40","permalink":{"id":168319,"object_type":"structure","relational_id":15037,"identifier":"10","token":"19.2\/10","url":"\/19.2\/10\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":62406,"structure_id":15992,"section_number":"19.2-155","catch_line":"Disqualification or temporary disability of attorney for Commonwealth; appointment of substitute; powers, duties and compensation of such appointee","url":"\/19.2-155\/","token":"19.2\/10\/2\/19.2-155","metadata":false},{"id":63858,"structure_id":15992,"section_number":"19.2-156","catch_line":"Prolonged absence of attorney for Commonwealth","url":"\/19.2-156\/","token":"19.2\/10\/2\/19.2-156","metadata":false}],"next_section":{"id":63858,"structure_id":15992,"section_number":"19.2-156","catch_line":"Prolonged absence of attorney for Commonwealth","url":"\/19.2-156\/","token":"19.2\/10\/2\/19.2-156","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-155\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 5 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 1960, chapter 366; in 1975, chapter 495; in 1983, chapter 362; in 1985, chapter 321; in 1996, chapter 968<\/a>.<\/p>","references":false,"refers_to":[{"id":74583,"section_number":"19.2-332","catch_line":"Compensation to officer or other person for services not otherwise compensable","order_by":null,"url":"\/19.2-332\/"}],"permalink":{"id":168333,"object_type":"law","relational_id":62406,"identifier":"19.2-155","token":"19.2\/10\/2\/19.2-155","url":"\/19.2-155\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-155\/","token":"19.2\/10\/2\/19.2-155","dublin_core":{"Title":"Disqualification or temporary disability of attorney for Commonwealth; appointment of substitute; powers, duties and compensation of such appointee","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-155","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

If the attorney for the Commonwealth of any county or city is connected by blood or marriage with the accused<\/span>, or is so situated with respect to such accused<\/span> as to render it improper, in his opinion<\/span>, concurred in by the judge<\/span>, 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<\/span>, which fact<\/span> shall be entered of record, the judge<\/span> of the circuit<\/span> court<\/span> shall appoint from another jurisdiction<\/span> an attorney for the Commonwealth or an assistant attorney for the Commonwealth, with the consent of such attorney for the Commonwealth or assistant, who is not authorized by law<\/span> to engage in private practice for such case or cases, term or terms of court<\/span>, 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<\/span> court<\/span> 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, or for other good cause, then the circuit<\/span> court<\/span> may appoint an attorney-at-law<\/span> who shall be compensated pursuant to \u00a7 19.2-332<\/a>. Such 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<\/span>, 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. Nothing herein shall prevent a court<\/span> from appointing as a special assistant attorney for the Commonwealth, without additional compensation, an attorney employed by a state agency when such appointment is requested by the attorney for the Commonwealth and the court<\/span> determines such appointment will aid in the prosecution<\/span> of a particular case or cases.\n\t\tAn attorney for the Commonwealth or assistant attorney for the Commonwealth who is required by law<\/span> 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.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDISQUALIFICATION OR TEMPORARY DISABILITY OF ATTORNEY FOR COMMONWEALTH;\nAPPOINTMENT OF SUBSTITUTE; POWERS, DUTIES AND COMPENSATION OF SUCH APPOINTEE (\u00a7\n19.2-155)\n\nIf the attorney for the Commonwealth of any county or city is connected by blood\nor marriage with the accused, or is so situated with respect to such accused as\nto render it improper, in his opinion, concurred in by the judge, for him to\nact, or if such attorney for the Commonwealth of any county or city is unable to\nact, or to attend to his official duties as attorney for the Commonwealth, due\nto sickness, disability or other reason of a temporary nature, then upon\nnotification by such attorney for the Commonwealth, or upon the certificate of\nhis attending physician, or the clerk of the court, which fact shall be entered\nof record, the judge of the circuit court shall appoint from another\njurisdiction an attorney for the Commonwealth or an assistant attorney for the\nCommonwealth, with the consent of such attorney for the Commonwealth or\nassistant, who is not authorized by law to engage in private practice for such\ncase or cases, term or terms of court, or period or periods of time, as may be\nnecessary or desirable, and the same to be forthwith entered of record. However,\nif the circuit court determines that the appointment of such attorney for the\nCommonwealth or such assistant attorney for the Commonwealth is not appropriate\nor that such an attorney or assistant is unavailable, or for other good cause,\nthen the circuit court may appoint an attorney-at-law who shall be compensated\npursuant to \u00a7 19.2-332. Such appointee shall act in place of, and otherwise\nperform the duties and exercise the powers of, such disqualified or disabled\nattorney for the Commonwealth, in regard to such case or cases, for the term or\nterms of the court, or the period or periods of time, for which the appointment\nand designation is made, or until the disqualified or disabled attorney for the\nCommonwealth shall again be able to attend to his duties as such. Nothing herein\nshall prevent a court from appointing as a special assistant attorney for the\nCommonwealth, without additional compensation, an attorney employed by a state\nagency when such appointment is requested by the attorney for the Commonwealth\nand the court determines such appointment will aid in the prosecution of a\nparticular case or cases.\n\t\tAn attorney for the Commonwealth or assistant attorney for the Commonwealth\nwho is required by law to devote full time to his duties as such shall not\nreceive additional compensation for services rendered on appointment pursuant to\nthis section. However, such attorney for the Commonwealth or assistant may\nreceive reimbursement for actual expenses incurred, as approved by the\nCompensation Board to be paid by the Compensation Board, provided such expenses\nare not otherwise reimbursed by the county or city which he is elected or\nappointed to serve or by the Compensation Board.\n\nHISTORY: Code 1950, \u00a7\u00a7 19.1-9, 19.1-10; 1960, c. 366; 1975, c. 495; 1983, c.\n362; 1985, c. 321; 1996, c. 968.","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}}