{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/24.2-233.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/24.2-233.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/24.2-233.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/24.2-233.html"}],"law_id":69635,"edition_id":1,"section_id":69635,"structure_id":16091,"section_number":"24.2-233","catch_line":"Removal of elected and certain appointed officers by courts","history":"1975, cc. 515, 595, \u00a7 24.1-79.5; 1989, c. 470; 1993, c. 641; 2002, cc. 588, 623; 2011, cc. 384, 410; 2014, cc. 566, 674, 719; 2021, Sp. Sess. I, cc. 550, 551; 2023, cc. 663, 664.","full_text":"Upon petition, a circuit court may remove from office any elected officer or officer who has been appointed to fill an elective office, residing within the jurisdiction of the court:\n\n1\n\nFor neglect of a clear, ministerial duty of the office, misuse of the office, or incompetence in the performance of the duties of the office when that neglect of duty, misuse of office, or incompetence in the performance of duties has a material adverse effect upon the conduct of the office;2\n\nUpon conviction of a misdemeanor pursuant to Article 1 (§ 18.2-247 et seq.) or Article 1.1 (§ 18.2-265.1 et seq.) of Chapter 7 of Title 18.2 and after all rights of appeal have terminated involving the:\n\t\t\ta. Manufacture, sale, gift, distribution, or possession with intent to manufacture, sell, give, or distribute a controlled substance;\n\t\t\tb. Sale, possession with intent to sell, or placing an advertisement for the purpose of selling drug paraphernalia; or\n\t\t\tc. Possession of any controlled substance and such conviction under subdivision a, b, or c has a material adverse effect upon the conduct of such office;3\n\nUpon conviction, and after all rights of appeal have terminated, of a misdemeanor involving a “hate crime” as that term is defined in § 52-8.5 when the conviction has a material adverse effect upon the conduct of such office; or4\n\nUpon conviction, and after all rights of appeal have terminated, of sexual battery in violation of § 18.2-67.4, attempted sexual battery in violation of subsection C of § 18.2-67.5, peeping or spying into dwelling or enclosure in violation of § 18.2-130, consensual sexual intercourse with a child 15 years of age or older in violation of § 18.2-371, or indecent exposure of himself or procuring another to expose himself in violation of § 18.2-387, and such conviction has a material adverse effect upon the conduct of such office.\n\t\t\tThe petition must be signed by a number of registered voters who reside within the jurisdiction of the officer equal to 10 percent of the total number of votes cast at the last election for the office that the officer holds.\n\t\t\tAny person removed from office under the provisions of subdivision 2, 3, or 4 may not be subsequently subject to the provisions of this section for the same criminal offense.","order_by":null,"text":{"0":{"id":251777,"text":"Upon petition, a circuit court may remove from office any elected officer or officer who has been appointed to fill an elective office, residing within the jurisdiction of the court:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":251778,"text":"For neglect of a clear, ministerial duty of the office, misuse of the office, or incompetence in the performance of the duties of the office when that neglect of duty, misuse of office, or incompetence in the performance of duties has a material adverse effect upon the conduct of the office;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":251779,"text":"Upon conviction of a misdemeanor pursuant to Article 1 (§ 18.2-247 et seq.) or Article 1.1 (§ 18.2-265.1 et seq.) of Chapter 7 of Title 18.2 and after all rights of appeal have terminated involving the:\n\t\t\ta. Manufacture, sale, gift, distribution, or possession with intent to manufacture, sell, give, or distribute a controlled substance;\n\t\t\tb. Sale, possession with intent to sell, or placing an advertisement for the purpose of selling drug paraphernalia; or\n\t\t\tc. Possession of any controlled substance and such conviction under subdivision a, b, or c has a material adverse effect upon the conduct of such office;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":251780,"text":"Upon conviction, and after all rights of appeal have terminated, of a misdemeanor involving a “hate crime” as that term is defined in § 52-8.5 when the conviction has a material adverse effect upon the conduct of such office; or","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":251781,"text":"Upon conviction, and after all rights of appeal have terminated, of sexual battery in violation of § 18.2-67.4, attempted sexual battery in violation of subsection C of § 18.2-67.5, peeping or spying into dwelling or enclosure in violation of § 18.2-130, consensual sexual intercourse with a child 15 years of age or older in violation of § 18.2-371, or indecent exposure of himself or procuring another to expose himself in violation of § 18.2-387, and such conviction has a material adverse effect upon the conduct of such office.\n\t\t\tThe petition must be signed by a number of registered voters who reside within the jurisdiction of the officer equal to 10 percent of the total number of votes cast at the last election for the office that the officer holds.\n\t\t\tAny person removed from office under the provisions of subdivision 2, 3, or 4 may not be subsequently subject to the provisions of this section for the same criminal offense.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3"}},"ancestry":[{"id":16091,"edition_id":1,"name":"Removal of Public Officers from Office","identifier":"7","label":"article","depth":3,"order_by":1,"parent_id":14248,"metadata":{},"date_created":"2026-06-26 04:05:34","date_modified":"2026-06-26 04:05:34","permalink":{"id":187591,"object_type":"structure","relational_id":16091,"identifier":"7","token":"24.2\/2\/7","url":"\/24.2\/2\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14248,"edition_id":1,"name":"Federal, Commonwealth, and Local Officers","identifier":"2","label":"chapter","depth":2,"order_by":1,"parent_id":12937,"metadata":{},"date_created":"2026-06-26 03:47:26","date_modified":"2026-06-26 03:47:26","permalink":{"id":187457,"object_type":"structure","relational_id":14248,"identifier":"2","token":"24.2\/2","url":"\/24.2\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12937,"edition_id":1,"name":"Elections","identifier":"24.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:03","date_modified":"2026-06-26 03:44:03","permalink":{"id":187149,"object_type":"structure","relational_id":12937,"identifier":"24.2","token":"24.2","url":"\/24.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":63359,"structure_id":16091,"section_number":"24.2-230","catch_line":"Applicability of article; certain exceptions","url":"\/24.2-230\/","token":"24.2\/2\/7\/24.2-230","metadata":false},{"id":64861,"structure_id":16091,"section_number":"24.2-231","catch_line":"Forfeiture of office by person sentenced for commission of certain crimes","url":"\/24.2-231\/","token":"24.2\/2\/7\/24.2-231","metadata":false},{"id":66137,"structure_id":16091,"section_number":"24.2-232","catch_line":"Vacancy occurring when officer determined \"mentally incompetent\" (incapacitated)","url":"\/24.2-232\/","token":"24.2\/2\/7\/24.2-232","metadata":false},{"id":69635,"structure_id":16091,"section_number":"24.2-233","catch_line":"Removal of elected and certain appointed officers by courts","url":"\/24.2-233\/","token":"24.2\/2\/7\/24.2-233","metadata":false},{"id":76619,"structure_id":16091,"section_number":"24.2-234","catch_line":"Removal of officer appointed for a term certain","url":"\/24.2-234\/","token":"24.2\/2\/7\/24.2-234","metadata":false},{"id":85062,"structure_id":16091,"section_number":"24.2-234.1","catch_line":"Removal of members of local electoral boards and general registrars","url":"\/24.2-234.1\/","token":"24.2\/2\/7\/24.2-234.1","metadata":false},{"id":68375,"structure_id":16091,"section_number":"24.2-235","catch_line":"Procedure","url":"\/24.2-235\/","token":"24.2\/2\/7\/24.2-235","metadata":false},{"id":64623,"structure_id":16091,"section_number":"24.2-236","catch_line":"Suspension from office pending hearing and appeal","url":"\/24.2-236\/","token":"24.2\/2\/7\/24.2-236","metadata":false},{"id":73281,"structure_id":16091,"section_number":"24.2-237","catch_line":"Who to represent Commonwealth; trial by jury; appeal","url":"\/24.2-237\/","token":"24.2\/2\/7\/24.2-237","metadata":false},{"id":79620,"structure_id":16091,"section_number":"24.2-238","catch_line":"Costs","url":"\/24.2-238\/","token":"24.2\/2\/7\/24.2-238","metadata":false}],"previous_section":{"id":66137,"structure_id":16091,"section_number":"24.2-232","catch_line":"Vacancy occurring when officer determined \"mentally incompetent\" (incapacitated)","url":"\/24.2-232\/","token":"24.2\/2\/7\/24.2-232","metadata":false},"next_section":{"id":76619,"structure_id":16091,"section_number":"24.2-234","catch_line":"Removal of officer appointed for a term certain","url":"\/24.2-234\/","token":"24.2\/2\/7\/24.2-234","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/24.2-233\/","history_text":"

This law was first created in 1975. The record of its establishment is cataloged in chapters 515 and 595 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 1975 \u201cActs\u201d aren\u2019t available online. It has been modified 6 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 1989, chapter 470; in 1993, chapter 641; in 2002, chapters 588<\/a> and 623<\/a>; in 2011, chapters 384<\/a> and 410<\/a>; in 2014, chapters 566<\/a>, 674<\/a>, and 719<\/a>; in 2023, chapters 663<\/a> and 664<\/a>.<\/p>","references":[{"id":76619,"section_number":"24.2-234","catch_line":"Removal of officer appointed for a term certain","order_by":null,"url":"\/24.2-234\/"},{"id":68375,"section_number":"24.2-235","catch_line":"Procedure","order_by":null,"url":"\/24.2-235\/"},{"id":64623,"section_number":"24.2-236","catch_line":"Suspension from office pending hearing and appeal","order_by":null,"url":"\/24.2-236\/"},{"id":79620,"section_number":"24.2-238","catch_line":"Costs","order_by":null,"url":"\/24.2-238\/"}],"refers_to":[{"id":62388,"section_number":"18.2-130","catch_line":"Peeping or spying into dwelling or enclosure","order_by":null,"url":"\/18.2-130\/"},{"id":84070,"section_number":"18.2-247","catch_line":"Use of terms \"controlled substances,\" \"marijuana,\" \"Schedules I, II, III, IV, V, and VI,\" \"imitation controlled substance,\" and \"counterfeit controlled substance\" in Title 18.2","order_by":null,"url":"\/18.2-247\/"},{"id":54839,"section_number":"18.2-265.1","catch_line":"Definition","order_by":null,"url":"\/18.2-265.1\/"},{"id":66060,"section_number":"18.2-371","catch_line":"Causing or encouraging acts rendering children delinquent, abused, etc.; penalty; abandoned infant","order_by":null,"url":"\/18.2-371\/"},{"id":68125,"section_number":"18.2-387","catch_line":"Indecent exposure","order_by":null,"url":"\/18.2-387\/"},{"id":67699,"section_number":"18.2-67.4","catch_line":"Sexual battery","order_by":null,"url":"\/18.2-67.4\/"},{"id":57731,"section_number":"18.2-67.5","catch_line":"Attempted rape, forcible sodomy, object sexual penetration, aggravated sexual battery, and sexual battery","order_by":null,"url":"\/18.2-67.5\/"},{"id":73991,"section_number":"52-8.5","catch_line":"Reporting hate crimes","order_by":null,"url":"\/52-8.5\/"}],"permalink":{"id":187605,"object_type":"law","relational_id":69635,"identifier":"24.2-233","token":"24.2\/2\/7\/24.2-233","url":"\/24.2-233\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/24.2-233\/","token":"24.2\/2\/7\/24.2-233","dublin_core":{"Title":"Removal of elected and certain appointed officers by courts","Type":"Text","Format":"text\/html","Identifier":"\u00a7 24.2-233","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Upon petition<\/span>, a circuit<\/span> court<\/span> may remove from office any elected officer or officer who has been appointed to fill an elective office, residing within the jurisdiction<\/span> of the court<\/span>:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> For neglect of a clear, ministerial duty of the office, misuse of the office, or incompetence in the performance of the duties of the office when that neglect of duty, misuse of office, or incompetence in the performance of duties has a material<\/span> adverse effect upon the conduct of the office; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Upon conviction<\/span> of a misdemeanor<\/span> pursuant to Article 1 (§ 18.2-247<\/a> et seq.) or Article 1.1 (§ 18.2-265.1<\/a> et seq.) of Chapter 7 of Title 18.2 and after all rights of appeal<\/span> have terminated involving the:\n\t\t\ta. Manufacture, sale, gift, distribution, or possession<\/span> with intent<\/span> to manufacture, sell, give, or distribute a controlled substance;\n\t\t\tb. Sale, possession<\/span> with intent<\/span> to sell, or placing an advertisement for the purpose of selling drug paraphernalia; or\n\t\t\tc. Possession<\/span> of any controlled substance and such conviction<\/span> under subdivision a, b, or c has a material<\/span> adverse effect upon the conduct of such office; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Upon conviction<\/span>, and after all rights of appeal<\/span> have terminated, of a misdemeanor<\/span> involving a “hate crime<\/span>” as that term is defined in § 52-8.5<\/a> when the conviction<\/span> has a material<\/span> adverse effect upon the conduct of such office; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Upon conviction<\/span>, and after all rights of appeal<\/span> have terminated, of sexual battery<\/span> in violation of § 18.2-67.4<\/a>, attempted sexual battery<\/span> in violation of subsection C of § 18.2-67.5<\/a>, peeping or spying into dwelling or enclosure in violation of § 18.2-130<\/a>, consensual sexual intercourse with a child 15 years of age or older in violation of § 18.2-371<\/a>, or indecent exposure of himself or procuring another to expose himself in violation of § 18.2-387<\/a>, and such conviction<\/span> has a material<\/span> adverse effect upon the conduct of such office.\n\t\t\tThe petition<\/span> must be signed by a number of registered voters<\/span> who reside within the jurisdiction<\/span> of the officer equal to 10 percent of the total number of votes cast at the last election<\/span> for the office that the officer holds.\n\t\t\tAny person removed from office under the provisions of subdivision 2, 3, or 4 may not be subsequently subject to the provisions of this section for the same criminal offense<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nREMOVAL OF ELECTED AND CERTAIN APPOINTED OFFICERS BY COURTS (\u00a7 24.2-233)\n\nUpon petition, a circuit court may remove from office any elected officer or\nofficer who has been appointed to fill an elective office, residing within the\njurisdiction of the court:\n\n1. For neglect of a clear, ministerial duty of the office, misuse of the office,\nor incompetence in the performance of the duties of the office when that neglect\nof duty, misuse of office, or incompetence in the performance of duties has a\nmaterial adverse effect upon the conduct of the office;\n\n2. Upon conviction of a misdemeanor pursuant to Article 1 (§ 18.2-247 et\nseq.) or Article 1.1 (§ 18.2-265.1 et seq.) of Chapter 7 of Title 18.2 and\nafter all rights of appeal have terminated involving the:\n\t\t\ta. Manufacture, sale, gift, distribution, or possession with intent to\nmanufacture, sell, give, or distribute a controlled substance;\n\t\t\tb. Sale, possession with intent to sell, or placing an advertisement for the\npurpose of selling drug paraphernalia; or\n\t\t\tc. Possession of any controlled substance and such conviction under\nsubdivision a, b, or c has a material adverse effect upon the conduct of such\noffice;\n\n3. Upon conviction, and after all rights of appeal have terminated, of a\nmisdemeanor involving a “hate crime” as that term is defined in\n§ 52-8.5 when the conviction has a material adverse effect upon the conduct\nof such office; or\n\n4. Upon conviction, and after all rights of appeal have terminated, of sexual\nbattery in violation of § 18.2-67.4, attempted sexual battery in violation\nof subsection C of § 18.2-67.5, peeping or spying into dwelling or\nenclosure in violation of § 18.2-130, consensual sexual intercourse with a\nchild 15 years of age or older in violation of § 18.2-371, or indecent\nexposure of himself or procuring another to expose himself in violation of\n§ 18.2-387, and such conviction has a material adverse effect upon the\nconduct of such office.\n\t\t\tThe petition must be signed by a number of registered voters who reside\nwithin the jurisdiction of the officer equal to 10 percent of the total number\nof votes cast at the last election for the office that the officer holds.\n\t\t\tAny person removed from office under the provisions of subdivision 2, 3, or 4\nmay not be subsequently subject to the provisions of this section for the same\ncriminal offense.\n\nHISTORY: 1975, cc. 515, 595, \u00a7 24.1-79.5; 1989, c. 470; 1993, c. 641; 2002, cc.\n588, 623; 2011, cc. 384, 410; 2014, cc. 566, 674, 719; 2021, Sp. Sess. I, cc.\n550, 551; 2023, cc. 663, 664.","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}}