CHAPTER 235

An Act to amend and reenact § 2-90 of the Code of Virginia, relating to
the conduct of criminal cases by the Attorney General; and to amend
the Code of Virginia by adding a section numbered 2-90. 1, authoriz-
ing the Attorney General to expend funds for special counsel to prose-
cute persons practicing law without authority. [H 462]

Approved March 8, 1958

Be it enacted by the General Assembly of Virginia:

1. That § 2-90 of the Code of Virginia be amended and reenacted and
bic Code of Virginia be amended by adding a section numbered 2-90.1 as
ollows:

§ 2-90. Unless specifically pegnented by the Governor so to do, the
Attorney General shall have no authority to institute or conduct criminal
prosecutions in the circuit or corporation courts of the State except in
cases involving violations of the Alcoholic Beverage Control Act and laws
relating to motor vehicles and their operation, * the handling of funds by
a State bureau, institution, commission or department and cases involving
the practice of law without being duly authorized or licensed or the illegal
practice of law in which cases the Attorney General may leave the prosecu-
tion to the local attorney for the Commonwealth, or he may, in his discre-
tion, institute proceedings by information, presentment or indictment, as
the one or the other may be appropriate, and conduct the same. In all other
criminal cases in the circuit and corporation courts, except where the law
provides otherwise, the authority of the Attorney General to appear or
participate in the proceedings shall not attach unless and until a writ of
error has been granted by the Supreme Court of Appeals. In all criminal
cases before the Supreme Court of Appeals in which the Commonwealth
is a party or is directly interested, the Attorney General shall appear and
represent the Commonwealth.

§ 2-90.1. Notwithstanding any other provision of law, the Attorney
General is hereby authorized to expend funds appropriated to his office for
the purpose of employing special counsel to investigate and prosecute any
complaint that any person is engaged in the practice of law without being
duly authorized or licensed s0 to do or is practicing law in violation of law.
The compensation of such special counsel shall be paid out of the appro-
priation for the Attorney General's office. No such special counsel shall
be employed and paid except upon the request of a duly constituted district
committee of the Virginia State Bar.