Virginia Order Appointing Special Prosecutor

State:
Multi-State
Control #:
US-00827
Format:
Word; 
Rich Text
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Description

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.

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FAQ

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