CHAPTER 569

An Act to amend the Code of Virginia by adding a section numbered
15-852.8, providing for a referendum on the question of the creation
of the office of county attorney in certain counties, and the method
of his selection; and prescribing the compensation, duttes, qualtfica-
tions and term of office of such official.

[H 443}

Approved April 3, 1952

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia be amended by adding a section numbered
15-352.3, as follows:

§ 15-352.3. (1) In the year nineteen hundred fifty-two there may
in any county adopting the form of organization and government provided
for in this article be a referendum on the following questions:

1. Shall the position of attorney to the County Board be created?

[] Yes
[] No
2. If such position is created, shall the county attorney be:
[] Elected by the people
(] Appointed by the County Board

The provisions of § 15-360.1 shall apply, and if a majority of the
qualified voters voting in an election therein provided for, vote in favor of
the creation of such position, then the County Board shall provide for the
creation of the office of county attorney in accordance with the results of
such referendum and fix his compensation, which shall not be less than
thirty-five hundred dollars, nor more than six thousand dollars.

(2) The duties of the county attorney shall consist in representing
the County Board in any legal proceeding in which the Board or any of
its members are sued in their official capacity; providing legal advice to
the Board in the form of written opinions in connection with the official
acts of such Board or its members; preparing county ordinances when
requested to do so by the County Board; codifying the ordinances of the
county; attending all Board meetings; performing all legal services
incident to the foregoing powers; and performing such other duties as
may be prescribed by the Board; provided that such duties shall not include
bringing any suit or action on behalf of the county board or its members.

(3) No duties shall be assigned the county attorney which are in
conflict with those duties required by law to be performed by the Attorney
for the Commonwealth of the county; provided, that, if such county
attorney is provided for, the Commonwealth’s attorney shall not be re-
quired to attend meetings of the County Board.

(4) Should the voters favor the appointment of the County Attorney
by the County Board he shall serve at the pleasure of the Board but in
no case shall his period of employment exceed one year without renewal
by a majority vote of said Board. It shall be unlawful for the County
Board to employ more than one attorney at a time and in the case of such
employment he shall be designated as the County Attorney by appropriate
written resolution adopted by a majority vote of the County Board and
the termination of his services, if the Board has power to terminate the
same, shall be in like manner.

(5) The County Attorney, whether appointed or elected, shall be a
resident of the county, and admitted to practice before the Supreme Court
of Appeals of Virginia at the time of his appointment or filing for election
as the case may be.

(6) If the county attorney is to be elected by the people, he shall
be elected at the next regular election following the referendum above pro-
vided for, for a term which shall end at the same time as that of the
Commonwealth’s attorney in office when such election is held; thereafter
the county attorney shall be elected for the same period, at the same time
and in the same manner as the Commonwealth’s attorney of the county.