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IN RE HANNETT

Record No. 050985.

619 S.E.2d 465 (2005)

In re: Gordon E. HANNETT, Commonwealth's Attorney for the County of Floyd.

Supreme Court of Virginia.

September 16, 2005.

Attorney(s) appearing for the Case

Chris K. Kowalczuk, Roanoke, for petitioner.

John D. McChesney, Richmond (Rawls & McNelis, on brief), for respondent.

Amici Curiae: Brief of the Commonwealth of Virginia (Judith Williams Jagdmann, Attorney General; William E. Thro, State Solicitor General; Joel C. Hoppe, Associate State Solicitor General; Marla Graff Decker, Deputy Attorney General; Maureen Riley Matsen, Deputy Attorney General; John H. McLees, Senior Assistant Attorney General, on brief), in support of petitioner.

Amici Curiae: Virginia Association of Commonwealth's Attorneys and the Virginia Sheriff's Association, Inc. (Anthony F. Troy; William H. Hurd; Paige S. Fitzgerald; Bryan M. Haynes; Troutman Sanders, Richmond, on brief), in support of petitioner.

Present: All the Justices.

HASSELL, Chief Justice.

In this proceeding, which invokes this Court's original jurisdiction, the primary issue that we consider is whether a circuit court has the authority, pursuant to Code § 19.2-156, to appoint an attorney-at-law to serve as acting attorney for the Commonwealth because of the prolonged absence of the duly elected Commonwealth's Attorney.

I.

Gordon E. Hannett is the duly elected Commonwealth's Attorney for the County of Floyd...

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