Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: SUNDAY, July 4, 1993 TAG: 9307040065
SECTION: VIRGINIA PAGE: D-6 EDITION: METRO
SOURCE: Associated Press
DATELINE: RICHMOND LENGTH: Short
Morrissey had contended that Richmond circuit judges violated an order from the appellate court when they suspended him, and he asked the court to hold the judges in contempt.
An attorney for Morrissey said the prosecutor likely will appeal to the Virginia Supreme Court.
Nottoway Circuit Judge Thomas V. Warren suspended Morrissey as a condition of his bond after Morrissey was indicted June 4 on five felony charges.
A three-judge panel of the state appeals court ruled on June 15 that Warren had no authority to suspend Morrissey on that basis, and the panel reinstated him.
But responding to a petition by the 20 prosecutors in the commonwealth's attorney's office, six of the eight Richmond circuit judges suspended Morrissey on June 21, saying Morrissey was "unable to attend to his duties as commonwealth's attorney" because of the cloud placed over him by the criminal charges and his subordinates' lack of confidence in him.
In appealing the judges' decision, Morrissey's attorneys contended that the Court of Appeals had found that Morrissey could be suspended only under a state law that provides for the removal of a public official.
No effort has been made to suspend Morrissey under that law, which appears to require a petition by city residents or a felony conviction, as opposed to a felony charge.
But on Friday, the same appellate panel that overturned the original suspension said it had no jurisdiction over the second suspension order.
A trial date for Morrissey is scheduled to be set July 16.
by CNB