2006 Code of Virginia § 24.2-233 - Removal of elected and certain appointed officers by courts

24.2-233. Removal of elected and certain appointed officers by courts.

Upon petition, a circuit court may remove from office any elected officer orofficer who has been appointed to fill an elective office, residing withinthe jurisdiction of the court:

1. For neglect of duty, misuse of office, or incompetence in the performanceof duties when that neglect of duty, misuse of office, or incompetence in theperformance of duties has a material adverse effect upon the conduct of theoffice, or

2. Upon conviction of a misdemeanor pursuant to Article 1 ( 18.2-247 etseq.) or Article 1.1 ( 18.2-265.1 et seq.) of Chapter 7 of Title 18.2 andafter all rights of appeal have terminated involving the:

a. Manufacture, sale, gift, distribution, or possession with intent tomanufacture, sell, give, or distribute a controlled substance or marijuana, or

b. Sale, possession with intent to sell, or placing an advertisement for thepurpose of selling drug paraphernalia, or

c. Possession of any controlled substance or marijuana, and such convictionunder a, b, or c has a material adverse effect upon the conduct of suchoffice, or

3. Upon conviction, and after all rights of appeal have terminated, of amisdemeanor involving a "hate crime" as that term is defined in 52-8.5when the conviction has a material adverse effect upon the conduct of suchoffice.

The petition must be signed by a number of registered voters who residewithin the jurisdiction of the officer equal to ten percent of the totalnumber of votes cast at the last election for the office that the officerholds.

Any person removed from office under the provisions of subdivision 2 or 3 maynot be subsequently subject to the provisions of this section for the samecriminal offense.

(1975, cc. 515, 595, 24.1-79.5; 1989, c. 470; 1993, c. 641; 2002, cc. 588,623.)