Virginia Order Appointing Special Prosecutor

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US-00827
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This form is a sample Order granting a motion of recusal by the usual prosecutor and ordering a special prosecutor be appointed for the matter. Adapt to fit your circumstances.

Virginia Order Appointing Special Prosecutor is a legal document issued by a Virginia court to appoint a special prosecutor to handle a specific case or situation. This order is typically issued when there is a conflict of interest or when an independent prosecutor is needed to ensure impartiality. The appointment of a special prosecutor through the Virginia Order Appointing Special Prosecutor is a crucial step in maintaining the integrity of the justice system. It helps ensure that the investigation and prosecution of a case are conducted in a fair and unbiased manner. There are different types of Virginia Orders Appointing Special Prosecutor, each tailored to specific circumstances. Some of these types include: 1. Conflict of Interest: This type of special prosecutor appointment occurs when the regular prosecutor's or attorney general's office has a conflict of interest in a case. For example, if a prosecutor is related to the defendant or has a personal relationship with them, a special prosecutor will be appointed to avoid any biases. 2. High-profile Cases: In cases that attract significant media attention or involve prominent individuals, a special prosecutor may be appointed to eliminate any perception of favoritism. This helps maintain public trust in the legal process. 3. Police Misconduct: When there are allegations of police misconduct, such as excessive force or corruption, a special prosecutor may be appointed to investigate the case. This ensures an impartial examination of the allegations and helps maintain public confidence in law enforcement. 4. Government Corruption: If there are allegations of corruption or misconduct involving government officials, a special prosecutor may be appointed. This helps guarantee an unbiased investigation and prosecution, preventing any potential cover-ups or conflicts of interest. 5. Judicial Misconduct: In cases where judges are accused of professional misconduct, a special prosecutor can be appointed to handle the investigation and potential prosecution. This maintains the integrity of the judiciary and ensures that judges are held accountable for any wrongdoing. In all these cases, the Virginia Order Appointing Special Prosecutor specifies the authority, jurisdiction, and duties of the special prosecutor. It ensures the special prosecutor has the necessary powers to independently investigate, gather evidence, and make informed decisions without any undue influence. Furthermore, the order outlines the scope and duration of the appointment. It may also establish reporting requirements to keep all parties informed about the progress of the case. This order plays a vital role in upholding the principles of justice, fairness, and impartiality within the Virginia legal system.

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The jurisdiction of a Special Counsel shall also include the authority to investigate and prosecute federal crimes committed in the course of, and with intent to interfere with, the Special Counsel's investigation, such as perjury, obstruction of justice, destruction of evidence, and intimidation of witnesses; and to ...

To investigate and prosecute alleged corruption or suspected corruption and corruption- related offences; to recover the proceeds of corruption and corruption-related offences, and take steps to prevent corruption to the end that it promotes good governance, transparency, accountability and probity in Ghana's ...

Jack Smith (lawyer) Jack SmithIncumbentAssumed office November 18, 2022Appointed byMerrick GarlandUnited States Attorney for the Middle District of Tennessee16 more rows

A special counsel is an attorney appointed to investigate, and possibly prosecute, a case in which the Justice Department perceives itself as having a conflict or where it's deemed to be in the public interest to have someone outside the government come in and take responsibility for a matter.

A special prosecutor is a prosecutor who is independent of an office that would normally exercise jurisdiction in a criminal investigation?to avoid potential conflicts of interest or to facilitate subject matter area expertise.

Virginia Code Section 54.1-3903 provides that: Before an attorney may practice in any court in the Commonwealth, he shall make the oath of fidelity to the Commonwealth, stating that he will honestly demean himself in the practice of law and execute his office of attorney-at-law to the best of his ability.

The concept originates in state law: "state courts have traditionally appointed special prosecutors when the regular government attorney was disqualified from a case, whether for incapacitation or interest."

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Virginia Order Appointing Special Prosecutor