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Hon. Christopher K. Peace
None of the Hanover County ordinances presented suffers from constitutional infirmity.
Hon. Jack Kennedy, Clerk
|A Clerk of Court can close the office when a county has failed to adopt a budget and the Clerk cannot pay his employees. A Clerk, or the employees of the Clerk's office, can volunteer to continue serving until the budget impasse is resolved. To the extent particular functions, including electronic filing procedures, can continue in the absence of funding from the County and without staffing, or with volunteer staffing, the Clerk should continue to keep such systems operational.|
|11-075||Karen T. Mullins, Esquire
County Attorney, Wise County
|Article VII, § 5 of the Virginia Constitution and § 24.2-304.1 of the Code mandate that the Board of Supervisors take affirmative action to reapportion the magisterial districts for Wise County in this tenth year since the last reapportionment using the most recent decennial population figures. Further, an action in mandamus lies in favor of any citizen of the County to compel the performance by the Board of its duty under Article VII, § 5 and § 24.2-304.1; in such an action OAG will review any papers filed to represent the interests of the Commonwealth to work towards an appropriate remedy.|