CHAPTER 373

AN ACT to create a joint committee of the General Assembly to study and
report upon the observance, administration and enforcement of cer-
tain provisions of the common law and of certain statutes and the
activities of certain persons, corporations, associations and other
groups in relation thereto; to provide for the selection, compensation
and terms of office of the members thereof; to prescribe the duties
and powers of such committee; to require reports of the committee
to the General Assembly; to provide that the Attorney General or
other legal counsel shall represent said committee; and to repeal
Chapter 87 of the Acts of Assembly of the Extra Session of 1956 which
created a legislative committee of the House and Senate to investigate
the activities of certain corporations, associations, organizations and
other groups, and which was codified as §§ 80-85 through 80-41 of the
Code of Virginia.

[H 221}

Approved March 29, 1958

Be it enacted by the General Assembly of Virginia:

1. § 1. (a) There is hereby created a joint committee of the General
Assembly to be known as the Committee on Offenses Against the Admin-
istration of Justice, hereinafter sometimes referred to as Joint Committee.
Such Joint Committee shall investigate and determine the extent and
manner in which the laws of the Commonwealth relating to the administra-
tion of justice are being observed, administered and enforced and shall
specifically direct its attention to the observance and to the methods and
means of administration and enforcement of those laws, whether statutory
or common law, relating to champerty, maintenance, barratry, running and
capping and other offenses of any other nature relating to the promotion or
support of litigation by persons who are not parties thereto.

(b) The Joint Committee is further authorized to investigate and
determine the extent and manner in which the laws of the Commonwealth
relating to State income and other taxes are being observed by, and ad-
ministered and enforced with respect to, persons, corporations, organiza-
tions, associations and other individuals and groups who or which seek to
promote or support litigation to which they are not parties contrary to the
statutes and common law pertaining to champerty, maintenance, barratry,
running and capping and other offenses of like nature.

(ec) The Joint Committee shall be composed of seven members to be
selected from the respective House of Delegates and Senate Committees
for Courts of Justice as follows: Four of the members shall be appointed
by the Speaker of the House of Delegates from the membership of such
House Committee and three of the members shall be appointed by the
President of the Senate from the membership of such Senate Committee.
Members shall serve on the Committee during the effective period of this
act; the presiding officer of each House to have the power to fill vacancies
occurring on the Committee.

_(d) The Joint Committee shall meet at least once in each three month
period and oftener on call of the chairman or a majority of the members.
The members of the Committee shall receive the salary and expenses for
each day spent in the performance of their duties allowed under §§ 14-29.1
and 14-5 of the Code of Virginia, respectively, such salary and expenses,
together with any other expenses incurred by the Committee, to be paid
from the contingent fund of the General Assembly.

(e) The definitions contained in Title 1 of the Code of Virginia shall
apply to the provisions of this act.

_ ,.§ 2. The Joint Committee is hereby specifically vested with, but not
limited to, the powers conferred upon committees of the General Assembly
by § 30-10 of the Code of Virginia and any other provisions of law under
which powers are conferred upon committees of the General Assembly.
In addition to all other powers, the Committee is empowered to administer
oaths and examine witnesses, books, records, photographs and other
writings and may employ counsel, investigators and others to assist in
the performance of its duties.

§ 3. The Joint Committee may hold hearings anywhere in the State.
The Chairman of the Committee, or any member acting at his direction
shall have authority to issue subpoenas, which may be served by any
sheriff or sergeant of this State, or by any agent or investigator of the
Committee, all with return shown thereon, requiring the attendance of
witnesses, the production of books, records, photographs and other writ-
ings, or both. The Committee also may compel the attendance of witnesses
and the production of books, records, photographs and other writings by
motion made before the circuit or corporation court having jurisdiction
of the person whose attendance or of whom production is sought. The
court upon such motion shall issue such subpoenas, writs, processes or
orders as the court deems necessary. If any person, firm, corporation,
association or other organization (hereinafter severally referred to as
“persons”) fails to appear in response to any subpoena as thereby required,
or any person fails or refuses, without legal cause, to answer any question
propounded to him or fails or refuses to produce writings or, upon his
appearance pursuant to a subpoena behaves in a disorderly manner, then
upon the application by the Chairman, or by any member of the Committee
acting at his direction, or by its counsel, to the circuit or corporation court
of the county or city wherein such person resides or may be found, such
court shall issue an order directing its clerk to issue a rule against such
person to show cause why he should not be punished for contempt by reason
of his failure to so appear, testify, produce writings or because of such
disorderly behavior. The Chairman of the Committee, or any member
acting at his direction, shall be authorized to administer oaths to witnesses.

§ 4. The Joint Committee or any one or more members thereof, when
acting pursuant to written direction of a majority of the Committee, may
take the deposition of any witness, within or without the State, who is
thought to possess information germane to the matters under investigation.
The testimony of any such witness within the State may be taken pursuant
to a subpoena issued by the Committee or by the clerk of the circuit or
corporation court having jurisdiction of the person of such witness; and
the testimony of a witness without the State shall be taken in compliance
with §§ 8-305 and 8-806 insofar as practicable. Any such deposition taken
by less than a quorum of the Committee shall be as valid as if taken by
a quorum.

§ 5. The Joint Committee may file interrogatories in the clerk’s
office of the circuit or corporation court having jurisdiction of the person
from whom answers are sought. Upon such filing, the clerk shall issue a
summons, directed as prescribed in § 8-44 requiring the sheriff or sergeant
to summon the person to answer such interrogatories, and make return
thereof within such time, not exceeding sixty days, as may be prescribed
in the summons. With the summons there shall be a copy of the interroga-
tories, which shall be delivered to the person served with the summons at
the time of service. The Committee may also issue, have served, and
require answers to interrogatories. .

§ 6. The Joint Committee, or any member thereof when acting pur-
suant to its direction, may sue out an attachment for any book, record,
photograph or other writing in the possession or subject to the control of
any person in the circuit or corporation court of the county or city having
jurisdiction of such person. Proceedings for an attachment hereunder
shall be initiated by a sworn petition which shall describe such writings
with reasonable certainty and shall state the grounds on which the attach-
ment is sought. It shall be sufficient ground for an attachment if it
appears from the petition that the person named therein is destroying,
removing or concealing, or is about to destroy, remove or conceal, or that
it is believed that, if otherwise proceeded against, such person will destroy,
remove or conceal such writings to avoid their production.

Upon the filing of the petition, the clerk before whom the petition is
filed shall issue an attachment in accordance with its prayer. Such attach-
ment shall be directed to the sheriff or sergeant of the county or city and
shall be returnable before the court out of which it was issued, or the judge
thereof in vacation, not more than thirty days from the date of service.
Such attachment shall command the officer to whom it may be directed to
attach the writings described therein and to keep the same safely in his
possession until further order of the court.

Any proceeding by the person in possession or control of such writings
to quash an attachment shall be by motion to the court from which the
attachment issued. Such motion shall be verified by affidavit and shall
recite with particularity its grounds. The motion shall be filed not more
than seven days after the attachment shall have been levied. Pending the
court’s decision on a motion to quash such attachment, and in no event
earlier than seven days after its levy, the writings shall not be examined
by the Joint Committee, but shall remain under the control of the court.

§7. The Chairman may create from the membership of the Joint Com-
mittee such subcommittees as he deems expedient for the performance of
its duties. Such subcommittees shall have the same powers as are herein
conferred upon the Joint Committee.

§ 8. The Attorney General shall assist the Joint Committee in such
manner as it may request. All other officers and agencies of the State shall
likewise assist the Joint Committee in the performance of its duties.

§ 9. All transcripts of proceedings before, and the records of, the
Legislative Committee created by Chapter 37 of the Acts of Assembly of
the Extra Session of 1956 and all transcripts of proceedings before, and
records of, the Joint Committee created by Chapter 34 of the Acts of
Assembly of the Extra Session of 1956 are hereby made subject to the
inspection and use of the Joint Committee created by this act. All powers,
privileges and rights of the Committee created by Chapter 34 of the Acts
of Assembly of the Extra Session of 1956 are hereby restored and conferred
upon the Committee created by this act.

§ 10. The Joint Committee shall have plenary power to investigate
the observance, adminstration and manner of enforcement of the common
law and of the several statutes relating to the matters set forth in § 1
hereof, and, not later than sixty days preceding the next regular session of
the General Assembly, it shall make a written report to the General Assem-
bly, upon the observance, administration and method of enforcement of
said common and statutory laws, and shall set forth in its report its find-
ings and recommendations and drafts of any amendatory legislation the
Committee deems desirable.

2. Chapter 37 of the Acts of Assembly of 1956, Extra Session, approved
September 29, 1956, and codified as §§ 30-35 through 30-41 of the Code of
Virginia, is repealed.

8. An emergency exists and this act is in force from its passage.