
                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: TUESDAY, June 15, 1993                   TAG: 9306150285
SECTION: VIRGINIA                    PAGE: C3   EDITION: NEW RIVER VALLEY 
SOURCE: Associated Press
DATELINE: RICHMOND                                LENGTH: Short

PROSECUTOR TRIES TO GET BACK ON JOB

A judge acted without legal authority when he suspended Commonwealth's Attorney Joseph Morrissey from his duties, the Richmond prosecutor's attorney told the Virginia Court of Appeals on Monday.

Morrissey, indicted last week on five felony counts, was suspended Thursday by Nottoway Circuit Judge Thomas Warren.

"Never in Virginia has an elected official . . . been required to step down pending the outcome of charges against him," said Morrissey's attorney, Gary Hershner.

He said the removal violated Morrissey's due process rights and that the prosecutor should be reinstated. He said an officeholder charged with a crime can be removed only after he is convicted.

But special prosecutor James Clark said the suspension was appropriate because Warren determined that Morrissey's continued service would endanger the public.

The Court of Appeals may rule today on whether to reinstate Morrissey.

A grand jury indicted Morrissey on June 4. The charges include bribery, perjury and misuse of public funds.

by CNB