Chap. 15. An ACT to amend and re-enact section 2705 of the Code of Virginia,
as heretofore amended, in relation to removal of officers from office, so as
to authorize the court in which a hearing on removal of any officer is had
to suspend such officer pending such hearing or until the matter is finally
disposed of, and to appoint some suitable person to act in his place. [H B 20]

Approved January 13, 1937

1. Be it enacted by the General Assembly of Virginia, That section
twenty-seven hundred and five of the Code of Virginia, as heretofore
amended, be amended and re-enacted so as to read as follows:

Section 2705. Removal of officer from office; proceedings therefor.—
The circuit courts of counties and of cities having no corporation court,
and the corporation courts of cities, shall have power to remove from
office all State, county, city, town and district officers elected or ap-
pointed, except such officers as are by the Constitution removable only
and exclusively by methods other than those provided by this and the
following section, for malfeasance, misfeasance, incompetency, gross
neglect of official duty, or who shall knowingly or wilfully neglect
to perform any duty enjoined upon such officer by any law of this
State, or who shall in any public place be in a state of intoxication
produced by ardent spirits voluntarily taken, or who shall have been
convicted of engaging in any form of gambling, or of any act con-
stituting a violation of any penal statute involving motal turpitude.

The power to remove the clerk of a court shall be vested only in
the court of which he is clerk. ,

All proceedings under this section shall be by order of the court
of its own motion, or on motion in open court, or upon complaint in
writing, filed in the circuit court of the county or corporation court of
the city in which the officer proceeded against resides and holds office,
which complaint shall state with a reasonable accuracy and detail, the
grounds or reasons for the removal of the officer of whom complaint
is made, and shall be sworn to by the person, or by some officer of the
organization or corporation making it. As soon as the order is entered
by the court on its own motion, or on motion made in open court, or
the complaint is filed, the court shall forthwith cause a rule to be issued,
requiring the officer complained of to show cause, if he can, why he
should not be removed from office, the rule alleging in general terms
the cause or causes for such removal. The rule shall be returnable
in not less than five nor more than ten days, and shall be served upon
the officer with a copy of the complaint when the proceedings is founded
on a complaint, but when the proceeding is fownded upon an order of
the court of its own motion, or upon a motion made in open court, with
a copy of such order. Upon return of said rule duly executed, unless
good cause shall be shown for a continuance, or postponement to a later
day in the term, the case shall be tried on the day named in said rule
taking precedence over all other cases on the docket, and if upon such
trial it shall appear that the officer has violated any of the provisions
of this section, or has failed in the performance of his duty as required
herein, he shall be removed from office. Such court may, by order
entered of record, suspend such officer pending the hearing on removal,
which suspension may, in the discretion of the court be continued in
effect until the matter is finally disposed of in the Supreme Court of
Appeals or otherwise. During the suspension of any such officer the
court may appoint some suitable person to act in his place, during such
period of suspension the compensation of such officer shall be with-
held and kept in a separate account and paid such officer if and when
such hearing results in his acquittal, otherwise it shall be paid back to
the county or State Treasurer paying the same. Nothing in this section
shall be construed to interfere with any power vested in the mayor of
any city by section one hundred and twenty of the Constitution of the
State, or to repeal any provision of the charter of any city or town,
or any ordinance in pursuance of such charter, for the removal of any
of the officers of said city or town.

2. An emergency existing, this act shall be in force from its passage.