                                 CODE OF VIRGINIA

VACANCY OCCURRING WHEN OFFICER DETERMINED &#8220;MENTALLY INCOMPETENT&#8221;
(INCAPACITATED) (§ 24.2-232)

A person who is determined to be incapacitated in a judicial proceeding as
provided for in Chapter 20 (§ 64.2-2000 et seq.) of Title 64.2 shall be deemed
for purposes of Article II, Section 1 of the Constitution of Virginia and this
title to be &#8220;mentally incompetent&#8221; as that term is used in those
provisions. The office of any person who is so determined to be incapacitated,
shall become vacant and the vacancy filled in the manner provided by law.
Notwithstanding the provisions of Chapter 20 (§ 64.2-2000 et seq.) of Title
64.2, however, any officer shall have a jury trial unless it is waived by him or
for him by his counsel of record.

HISTORY: 1975, cc. 515, 595, § 24.1-79.4; 1993, c. 641; 1997, c. 921; 1998, c.
582.