A petition for the removal of an officer shall state with reasonable accuracy and detail the grounds or reasons for removal and shall be signed by the person or persons making it under penalties of perjury. The circuit court shall not dismiss the petition solely because of an error or omission in the form of the petition relating to its statement of the grounds or reasons for removal if such error or omission is not material in determining whether the statement of the grounds or reasons for removal provides a reasonable basis under § 24.2-233 to consider the removal of the officer.
As soon as the petition is filed with the court, the court shall issue a rule requiring the officer to show cause why he should not be removed from office, the rule alleging in general terms the cause or causes for such removal. The rule shall be returnable in not less than five nor more than ten days and shall be served upon the officer with a copy of the petition. Upon return of the rule duly executed, unless good cause is shown for a continuance or postponement to a later day in the term, the case shall be tried on the day named in the rule and take precedence over all other cases on the docket. If upon trial it is determined that the officer is subject to removal under the provisions of § 24.2-233, he shall be removed from office.
1975, cc. 515, 595, § 24.1-79.7; 1993, c. 641; 2009, cc. 868, 876.
Structure Code of Virginia
Chapter 2 - Federal, Commonwealth, and Local Officers
§ 24.2-200. When terms to begin
§ 24.2-201. When term of officer elected to fill vacancy commences and expires
§ 24.2-202. Electors for President and Vice President
§ 24.2-203. Convening of electors; filling vacancies; how electors required to vote
§ 24.2-204. Election of electors and meeting when Congress prescribes a different day
§ 24.2-206. Election and term of United States Senators
§ 24.2-207. Filling vacancies in Senate
§ 24.2-208. Election and term of members of House of Representatives
§ 24.2-209. Filling vacancies in House of Representatives
§ 24.2-210. Election and term of Governor, Lieutenant Governor, and Attorney General
§ 24.2-211. Discharge of duties when office of Governor is vacant or Governor is disabled
§ 24.2-212. Discharge of duties when office of Lieutenant Governor vacant
§ 24.2-213. Filling vacancy in office of Attorney General
§ 24.2-214. Election and term of Senators
§ 24.2-215. Election and term of members of the House of Delegates
§ 24.2-216. Filling vacancies in the General Assembly
§ 24.2-217. Election and terms of constitutional officers
§ 24.2-218. Election and term of county supervisors
§ 24.2-219. Alternative for biennial county supervisor elections and staggered terms
§ 24.2-220. Reversion to quadrennial elections
§ 24.2-221. Time and frequency of referenda on election and term of supervisors
§ 24.2-222. Election and terms of mayor and council for cities and towns
§ 24.2-223. Election and term of school board members
§ 24.2-224. Local elections not otherwise provided for
§ 24.2-226. Election to fill vacancy
§ 24.2-227. Interim appointment by court until vacancy filled by election for certain offices
§ 24.2-228. Interim appointment to local governing body or elected school board; elected mayor
§ 24.2-228.1. Election to fill vacancy in constitutional office
§ 24.2-229. Appointees to qualify and give bond in thirty days
§ 24.2-229.1. Legitimacy of votes by appointees
§ 24.2-230. Applicability of article; certain exceptions
§ 24.2-231. Forfeiture of office by person sentenced for commission of certain crimes
§ 24.2-232. Vacancy occurring when officer determined "mentally incompetent" (incapacitated)
§ 24.2-233. (Effective January 1, 2024) Removal of elected and certain appointed officers by courts
§ 24.2-234. Removal of officer appointed for a term certain
§ 24.2-236. Suspension from office pending hearing and appeal
§ 24.2-237. Who to represent Commonwealth; trial by jury; appeal