Restriction on Supreme Court; shall not promulgate any rule that prohibits conduct of an attorney. (HB2365)

Introduced By

Del. Todd Gilbert (R-Woodstock)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Restriction on Supreme Court rules; attorneys for the Commonwealth. Provides that the Supreme Court of Virginia shall not promulgate any rule or regulation that prohibits any conduct of an attorney for the Commonwealth that is permitted by the Constitution of Virginia or the Constitution of the United States or prohibits an attorney for the Commonwealth from, in good faith, advising a law-enforcement officer as to investigative conduct permitted by the Constitution of Virginia or the Constitution of the United States. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
01/14/2009Committee
01/14/2009Prefiled and ordered printed; offered 01/14/09 098709516
01/14/2009Referred to Committee for Courts of Justice
01/20/2009Assigned Courts sub: Criminal
01/29/2009Subcommittee recommends laying on the table by voice vote
02/10/2009Left in Courts of Justice

Comments

cook writes:

I understand the purpose of the second part ("... or prohibits an attorney ..." and following), but what is intended by the very, very broad first part of the addition? Is Del. Gilbert (an assistant Commonwealth's Attorney himself) trying to exempt prosecutors from the Supreme Court's Rules of Professional Conduct?

Marsha Maines writes:

this is so chief justice hassell can't "order" the general assembly members to violate Virginia Law and our Constitution under threat of Contempt
(ie releasing the Judicial Evaluations and the JIRCS 1467 COMPLAINTS people made on Judges) -without being held accountable.