2006 Code of Virginia § 8.01-653 - Mandamus to secure construction of act directing payment out of treasury of the Commonwealt...

8.01-653. Mandamus to secure construction of act directing payment out oftreasury of the Commonwealth.

Whenever the Comptroller or the Treasurer of the Commonwealth shall notifythe Attorney General, in writing, that they, or either of them, entertainsuch doubt respecting the proper construction or interpretation of any act ofthe General Assembly which appropriates or directs the payment of money outof the treasury of the Commonwealth, or respecting the constitutionality ofany such act, that they, or either of them, do not feel that it would beproper or safe to pay such money until there has been a final adjudication bythe Supreme Court determining any and all such questions, and that, for suchreason, they will not make payments pursuant to such act until suchadjudication has been made, the Attorney General may file in such court apetition for a writ of mandamus directing or requiring the Comptroller orTreasurer of the Commonwealth, or both, to pay such money as provided by anysuch act at such time in the future as may be proper. In order to avoiddelays in payments after the time for making them has arrived, any suchpetition may be filed at any time after the passage of any such act althoughthe time for making such payments has not arrived and no demand for suchpayments has been made. In any such proceeding the court shall consider anddetermine all questions raised by the Attorney General's petition pertainingto the constitutionality or interpretation of any such act, even though someof such questions may not be necessary to the decision of the question of theduty of such Comptroller and Treasurer of the Commonwealth to make payment ofthe moneys appropriated or directed to be paid.

The Comptroller and the Treasurer of the Commonwealth, or either of them, asthe case may be, shall be made a party or parties defendant to any suchpetition and the court may, in its discretion, cause such other officers orpersons to be made parties defendant as it may deem proper, and may make suchorder respecting the employment of an attorney or attorneys for any officerof the Commonwealth who is a party defendant as may be appropriate. Thecompensation of any such attorney shall be fixed by such court and upon itsorder paid out of the appropriation to the office or department of any suchpublic officer represented by any such attorney in such proceeding.

(Code 1950, 8-714; 1977, c. 617.)