Va. Code » Title 15.2. Counties, Cities and Towns » Subtitle II. Powers of Local Government » Chapter 16. Local Constitutional Officers, Courthouses and Supplies » Article 4. Attorney for the Commonwealth
Virginia Code

Va. Code Ann. § 15.2-1628 (2026)

Attorneys for the Commonwealth and assistants in certain counties to devote full time to duties; no additional compensation for substituting for or assisting any other attorney for the Commonwealth or assistant

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A. In counties having a population of more than 35,000, attorneys for the Commonwealth and all assistant attorneys for the Commonwealth, except volunteer assistant attorneys for the Commonwealth appointed by the attorney for the Commonwealth, shall devote full time to their duties, and shall not engage in the private practice of law.

Any attorney for the Commonwealth or assistant attorney for the Commonwealth shall, however, have a reasonable time, not to exceed thirty days, after assuming such office to provide for his disassociation from the private practice of law, if such attorney for the Commonwealth or assistant attorney for the Commonwealth was previously engaged in the private practice of law.

B. The provisions of this section requiring all compensated attorneys for the Commonwealth to devote full time to their duties shall not apply in counties reaching a population of more than 35,000, which had a population of 35,000 or less immediately prior to the commencement of the term for which the attorney for the Commonwealth sought office.

C. Notwithstanding any other provisions of law, no attorney for the Commonwealth or assistant required to devote full time to his duties shall receive any additional compensation from the Commonwealth or any county or city for substituting for or assisting any other attorney for the Commonwealth or his assistant in any criminal prosecution or investigation.

D. In any county where, on January 1, 1993, attorneys for the Commonwealth were required to devote full time to their duties in accordance with subsection A of this section, they and all assistant attorneys for the Commonwealth and their successors shall continue to devote full time to their duties and shall not engage in the private practice of law.

1977, c. 623, § 15.1-50.1; 1981, c. 296; 1982, c. 474; 1983, c. 361; 1991, c. 270; 1993, c. 858; 1994, cc. 780, 792; 1997, c. 587; 2000, c. 913.

Notes of Decisions
Cited in 1 case, 1999–1999 · leading case: Yarbrough v. Commonwealth, 519 S.E.2d 602 (Va. 1999).
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Yarbrough v. Commonwealth, 519 S.E.2d 602 (Va. 1999). · cites it 6× “See Code §§ 15.2-1628 and -1630. Secondly, as noted above, the rules of professional responsibility place upon a Commonwealth’s Attorney the same burdens and duties as any attorney.”
Va. Code Ann. § 15.2-1628(C): 1 case
Yarbrough v. Commonwealth, 519 S.E.2d 602 (Va. 1999). “See Code §§ 15.2-1628 and -1630. Secondly, as noted above, the rules of professional responsibility place upon a Commonwealth’s Attorney the same burdens and duties as any attorney.”
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