11 March 2011

I'm Supposed to do What?

I signed on to do criminal law stuff when I joined a Commonwealth Attorney's office. However, while I was reading a recent decision by the Virginia Supreme Court - Kozmina v. Commonwealth, MAR11, VaSC No. 092395 (deciding that Commonwealth Attorneys can prosecute civil cases of refusing to submit to breath or blood tests) - I tripped over a footnote in which Justice Lemons was kind enough to list civil things that the General Assembly has entrusted to local Commonwealth Attorneys:
2.2-3126(B) - conflict of interest opinions

3.2-3947(B) - enjoining pesticide violations

3.2-4505(2) - apple injunctions

3.2-4749 - farm produce injunctions

8.01-622.1(B) - enjoining assisted suicide

8.01-637(A) - instituting actions in quo warranto

10.1-1320.1 - seeking fines and penalties for Air Pollution Control Board

18.2-245(b) - enjoining continuing sales frauds in addition to any available criminal sanctions

18.2-339 - enjoining gambling

18.2-371.2(D) - civil actions for sale of tobacco to minors

18.2-384(1) - determining obscenity of books

21-220 - enjoining pollution of tidal waters

32.1-125.2(B) - medical care facilities and services injunctions

40.1-49.6(A) - must represent the Commonwealth in civil matters involving enforcement of health and safety labor provisions

48-8 - prostitution injunctions

54.1-2964(B) - enjoining violations of laws relating to the disclosure of interest in facilities and clinical laboratories

54.1-3943 - Attorney solicitation injunctions

55-525.31(D) - Consumer Real Estate Settlement Protection Act injunctions

57-23 - appointment or removal of trustees of public cemeteries

57-25 - condemnation of land to establish local cemeteries

57-59(C) - charitable solicitation and terrorism injunctions

58.1-339.10(D) - assisting the State Forester in collecting taxes

58.1-3354 - correcting assessments

59.1-68.4 - Home Solicitations Sales Act and deceptive trade practices injunctions

62.1-194.1(B) - enjoining obstruction or contamination of waters

62.1-194.3(c) - enjoining obstruction or dumping in the Big Sandy River
To date, I don't think I've exercised any of these civil powers. However, I must say that I'm really looking forward to the day that I get to file an "apple injuction."

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