                                 CODE OF VIRGINIA

COUNTIES AND CITIES REQUIRED TO ELECT CERTAIN OFFICERS; QUALIFICATIONS OF
ATTORNEY FOR THE COMMONWEALTH; DUTIES AND COMPENSATION OF OFFICERS; VACANCIES,
CERTAIN COUNTIES AND CITIES EXCEPTED; OFFICER&#8217;S POWERS NOT TO BE
DIMINISHED (§ 15.2-1600)

A. The voters of each county and city shall elect a treasurer, a sheriff, an
attorney for the Commonwealth, a clerk, who shall be clerk of the court in the
office of which deeds are recorded, and a commissioner of revenue. To qualify to
be elected or hold office, an attorney for the Commonwealth shall be a member of
the bar of this Commonwealth. The duties and compensation of such officers shall
be prescribed by general law or special act and any vacancy in such office shall
be filled, notwithstanding any charter provision to the contrary, by a majority
of the circuit judges of the judicial circuit for the county or city pursuant to
the provisions of &#xA7;&#xA7; 24.2-226 and 24.2-227. Any county or city not
required to have or to elect such officers prior to July 1, 1971, shall not be
so required by this section, nor shall the provisions of this section apply to
those counties and cities which have heretofore adopted, or may hereafter adopt,
a form of government, as provided by law, which does not require such counties
or cities to have or elect one or more of such officers.

B. Nothing in this title shall be construed to authorize the governing body or
the chief administrative officer of a locality to designate an elected
constitutional officer to exercise a power or perform a duty which the officer
is not required to perform under applicable state law without the consent of
such officer, nor by designation to diminish any such officer&#8217;s powers or
duties as provided by applicable state law including the power to organize their
offices and to appoint such deputies, assistants and other individuals as are
authorized by law upon the terms and conditions specified by such officers.

HISTORY: 1971, Ex. Sess., c. 223, § 15.1-40.1; 1979, c. 522; 1982, c. 637;
1997, c. 587.