A fellow W&L law graduate, John McChesney, argued before the Virginia Supreme court in the case where the judge and prosecutor are in conflict over who should be prosecutor while the elected prosecutor is in Iraq.
And there's even a video which shows part of his argument (3d down, with the little camera).
And to think, I knew him when he was just a regular Joe . . .
1 comment:
I'm kinda of curious how this all turns out and more than a little bit surprised that soemthing like this hasn't come before in Virginia.
Over in Kentukcy, there was a case in 1943 where the prosecutor was called to military service. There was a suit trying to remove him from office on the grounds he wasn't doing his job. The Ky Supreme Court dismissed the suit saying that since the prosecutor was a constitutional officer the only way to remove him was through impeachment by the General Assembly.
Other than that, the only way to remove a prosecutor is he is disbarred, that renders him/her disqualified for the job and subject to removal.
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