Saturday, April 22, 2006

Too late for Floyd County prosecutor

Pursuant to HB 884, state law will soon provide: "The absence from the county or city of a constitutional officer by reason of his service in the Armed Forces of the United States shall not be deemed to create a vacancy in the office without a written notification by the officer of his resignation from the office. Notwithstanding any other provision of law, including § 19.2-156, the power to relieve a constitutional officer of the duties or powers of his office or position during the period of such absence shall remain the sole prerogative of the constitutional officer unless expressly waived by him in writing."

This would seem to overrule the Supreme Court's decision in the case of the Floyd County Commonwealth's Attorney who was sent to Iraq.

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