Virginia Lawmakers' Legal Practice Allows Broad Court Case Delays
A century-old Virginia law, Code § 30-5, grants attorneys serving in the General Assembly, legislative employees, and their represented parties the right to postpone court and administrative proceedings. This right applies during periods surrounding General Assembly sessions and various legislative meetings. Specifically, a continuance can be obtained 'as a matter of right' starting 30 days before a session and ending 30 days after its adjournment. The protection also covers the day before, of, and after meetings of legislative commissions, councils, and committees that the lawmaker is scheduled to attend. If a judge denies a qualifying request, the decision constitutes reversible error, meaning a higher court can overturn it on appeal. Temporary injunctions are exempt and remain within the court’s discretion. This provision has been invoked by lawmakers from both parties, including recently by Virginia House Minority Leader Terry Kilgore in a felony case and House Speaker Don Scott in a defamation suit. C...
