Virginia House Bill HB1157

Virginia 2022 Regular Session

• Introduced: 1/14/22
• Refer: 1/14/22

Caption

Attorneys for the Commonwealth; compensation and collection of fees.

Impact

One significant impact of HB1157 is its provision for the disposition of fees collected by attorneys for the Commonwealth. The bill mandates the collection of fees resulting from the performance of official duties, stipulating that 50% of such fees be directed to the treasuries of counties and cities while the other half is to be paid into the state treasury. This redistribution of legal fees is critical in determining how funds are allocated to local jurisdictions, potentially affecting their budgetary capacity. Additionally, the guidelines restrict how local entities can determine staffing and budgets based on past legal performance metrics, focusing instead on population and crime data.

Summary

House Bill 1157 amends certain sections of the Code of Virginia, specifically focusing on the role and compensation of attorneys for the Commonwealth. The bill outlines the election process for these attorneys, stipulating that voters in every county and city shall elect their attorney unless specified otherwise by law. The measure details the powers and duties bestowed upon these attorneys, framing them within the context of accountability and the provision of legal representation in criminal matters. It establishes a framework for the hiring of assistant attorneys with oversight on compensation, ensuring consistency across different jurisdictions in Virginia.

Contention

Notable points of contention revolve around the bill's impact on local control and budgeting for prosecutorial offices. Critics argue that the restrictions on how local governments can allocate resources and judge the effectiveness of their attorneys may inhibit their ability to respond flexibly to local legal needs. Moreover, the provisions concerning the prohibition of fees for misdemeanor cases attended by attorneys raise concerns over adequate compensation for legal representation. As these attorneys often prosecute cases that impact community safety and the judicial process, the financial implications of these changes could foster disparities in legal services provided across different regions.