Virginia Files Motion for Nolle Prosequi in Loudoun Circuit Court

RICHMOND, VA — Today, Attorney General Jason Miyares filed a motion for nolle prosequi in the Circuit Court of Loudoun County in Commonwealth of Virginia v Scott Ziegler.

"Words cannot express how grateful I am to the office of and the Attorney General himself, for the unwavering support and dedication to this case. Their thorough investigation and research, including their dedication to truth and justice, are what led to the initial conviction," said Erin Brooks.

Brooks, who recently resolved a civil suit against Ziegler and the Loudoun County School Board, said she looked forward to closing this chapter and putting the matter behind her.

"Sometimes it takes the courage of one person to stand firm to create change," said Attorney General Jason Miyares. "Today, the entire national narrative has changed thanks to Erin's resilience. Erin's demand to be respected was upheld by a jury of her own peers. Public school administrators are now on notice knowing that this attorney general will defend and protect the rights of teachers and parents without hesitation."

In January 2022, the Office of the Attorney General (OAG) requested a special grand jury be empaneled in Loudoun County pursuant to the Governor's Executive Order 4. In September 2022, a special grand jury indicted former Loudoun County Superintendent Scott Ziegler for the retaliatory firing of teacher Erin Brooks, a class 1 misdemeanor.

In December 2022, the special grand jury released its report after hearing from more than 40 witnesses. While the OAG requested the special grand jury, the report was produced by citizens of Loudoun County randomly selected to serve as jurors. Ziegler was unanimously fired by the school board the day after the report’s release.

In September 2023, a jury convicted Ziegler of the retaliatory firing of Brooks. Following the conviction, defense counsel filed a motion to set aside the verdict citing an incorrect jury instruction that had been agreed to by both parties, and granted by the Court. Although the Commonwealth opposed the motion to set aside the verdict based on the now contested jury instruction technicality, in March 2024, the Court vacated the conviction and ordered a new trial while simultaneously finding that there was “ample evidence” to support Ziegler's initial conviction.

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