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virginia > Title 24.2 Elections > Federal, Commonwealth, And Local Officers

§ 24.2-236 Suspension from office pending hearing and appeal

Statute

In the event of a judicial proceeding under § 24.2-23124.2-23224.2-233, or 24.2-234, the circuit court may enter an order suspending the officer pending the hearing. Any officer convicted of a felony under the laws of any state or the United States shall be automatically suspended upon such conviction, regardless of any appeals, pleadings, delays, or motions. The court may, in its discretion, continue the suspension until the matter is finally disposed of in the Supreme Court or otherwise. During the suspension the court may appoint some suitable person to act in the officer’s place. The officer’s compensation shall be withheld and kept in a separate account and paid to him if and when the judicial proceedings result in his favor. Otherwise, it shall be paid back to the county, city, town, or State Treasurer who paid it.

1975, cc. 515, 595, § 24.1-79.8; 1993, c. 641; 2017, cc. 354, 369.

Definition [United States]

Used in the territorial sense, means the several states, the District of Columbia, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States.

Definition [State]

A state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

Definition [Person]

Any individual or corporation, partnership, business, labor organization, membership organization, association, cooperative, or other like entity.

For the purpose of applying the filing and reporting requirements of this chapter, the term “person” shall not include an organization holding tax-exempt status under § 501(c) (3), 501(c) (4), or 501(c) (6) of the United States Internal Revenue Code which, in providing information to voters, does not advocate or endorse the election or defeat of a particular candidate, group of candidates, or the candidates of a particular political party.

Cases

virginia Cases

Case Name: In re Burfoot

Case Number: CL16-13221

Year: 2017

Case URL: http://ebenchbook.wm.edu/virginia/wp-content/uploads/sites/2/2017/06/In-re-Burfo[...]

Case PDF: In re Burfoot

Case Summary: Section 235 does not only apply to citizen petitions filed under § 233. The postponement provision of § 231 only applies to convictions under the laws of Virginia. Suspension under § 236 does not violate separation of powers and does not always require a conviction in the strict sense of the word to have occurred before suspension occurs.

Out-of-State Cases

Federal Cases