                                 CODE OF VIRGINIA

DISQUALIFICATION OR TEMPORARY DISABILITY OF ATTORNEY FOR COMMONWEALTH;
APPOINTMENT OF SUBSTITUTE; POWERS, DUTIES AND COMPENSATION OF SUCH APPOINTEE (§
19.2-155)

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 § 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.
		An 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.

HISTORY: Code 1950, §§ 19.1-9, 19.1-10; 1960, c. 366; 1975, c. 495; 1983, c.
362; 1985, c. 321; 1996, c. 968.