Legal Question in Administrative Law in Virginia
Constitutional Officers
If you are aware of an elected constitutional officer (sheriff) that is not performing his job and in violation of some of Virginia's codes what can be done? I have researched the codes and know he is in violation. How many signatures are needed on a petition? Is there another way to do it other than a petition? How do you make the community aware and then have a new election?
The community has no idea some of the things that are occurring. If they knew I believe they would want him out. How do you remove a sheriff from office in Virginia?
1 Answer from Attorneys
Re: Constitutional Officers
It really depends upon the nature of the wrongdoing, and how clear the evidence is. If the evidence is ambiguous, no one is going to touch it. It would have to be very clear. The law gives a lot of leeway to government officials, but not an infinite amount.
Depending on the situation, there are a variety of things that you can do. It is possible to essentially impeach a government official, but it has to be for something rather severe, like abandoning one's office or refusing to do one's duties. So I'd really need to know more about the details to be able to suggest a course of action. I mean, it is possible that a petition drive would generate news coverage that would get the Sheriff to straighten up. So it depends.
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