Va. Code » Title 24.2. Elections » Chapter 2. Federal, Commonwealth, and Local Officers » Article 7. Removal of Public Officers from Office
Virginia Code

Va. Code Ann. § 24.2-237 (2026)

Who to represent Commonwealth; trial by jury; appeal

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The attorney for the Commonwealth shall represent the Commonwealth in all proceedings under this article. If the proceeding is against the attorney for the Commonwealth, the court shall appoint an attorney to represent the Commonwealth. The Commonwealth and the officer shall be the only parties to the action. Any officer proceeded against shall have the right to demand a trial by jury. The Commonwealth and the officer shall each have the right to appeal to the Court of Appeals upon the record made in the trial court and the Court of Appeals shall consider and determine such cases.

1975, cc. 515, 595, § 24.1-79.9; 1993, c. 641; 2021, Sp. Sess. I, c. 489; 2023, cc. 663, 664.

Notes of Decisions
Cited in 3 cases, 2011–2020 · leading case: Johnson v. Woodard, 707 S.E.2d 325 (Va. 2011).
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Johnson v. Woodard, 707 S.E.2d 325 (Va. 2011). · cites it 4× “Although the Code does not explicitly state who is the moving party in a removal action, Code § 24.2-237 provides guidance. This Code section, titled "Who to represent Commonwealth; trial by jury; appeal," provides that the "attorney for the Commonwealth shall represent the…”
Commonwealth v. Williams, 809 S.E.2d 672 (Va. 2018). · cites it 2× “" 2 Although the process for removal of an elected officer begins with a petition for removal signed by voters, pursuant to Code § 24.2-237, the "attorney for the Commonwealth shall represent the Commonwealth in any trial under" the Removal Statutes.”
Townes v. Virginia State Bd. of Elections, 843 S.E.2d 737 (Va. 2020). · cites it 2× “” Code § 24.2-237 states that the “attorney for the Commonwealth shall represent the Commonwealth in any trial under this article,” and the “Commonwealth and the defendant shall each have the right to appeal to the Supreme Court for a writ of error.”
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