Virginia Law Grants Legislator-Lawyers Broad Power to Delay Court Cases, Raising Concerns Over Justice Delays
A century-old Virginia law, Virginia Code § 30-5, grants state legislators who are also practicing attorneys the right to postpone court and administrative proceedings. This provision allows for continuances during legislative sessions, including regular and special sessions, as well as the day before, of, and after meetings of legislative commissions, councils, and committees that the lawmaker is scheduled to attend. The law stipulates that if a judge denies a qualifying request for continuance, it constitutes reversible error, meaning a higher court can overturn the decision. This has led to significant delays in both criminal and civil cases, with some proceedings being postponed for months or even years. For instance, Buchanan County Supervisor Trey Adkins' felony case has been delayed for over four years, with Virginia House Minority Leader Terry Kilgore, one of his attorneys, invoking this law multiple times. While proponents argue it's essential for a part-time legislature, critics highlight the pot...