THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Friday, July 12, 1996 TAG: 9607120020
SECTION: FRONT PAGE: A18 EDITION: FINAL
TYPE: Letter
LENGTH: 30 lines
Your newspaper has failed to give its readers the basic information necessary to evaluate the George Heilig affair. The most important fact is that Virginia's Constitution (Article IV, Section IV) requires delegates to live in their districts. ``A senator or delegate who moves his residence from the district for which he is elected shall thereby vacate his office.'' This constitutional requirement is the ``technicality'' to which Mr. Heilig referred in an interview about his abandonment of his constituents.
You also failed to tell your readers that the rules of court procedure, well-known to Mr. Heilig as a practicing attorney, say: ``Counsel or an unrepresented party who files a pleading shall sign it and state his address.'' Mr. Heilig has always used his New Mexico address on all pleadings he has filed in his divorce. In addition, you failed to tell your readers that a judge who heard evidence at a hearing ruled that Mr. Heilig's ``residence address'' is New Mexico.
Because of this ruling and Mr. Heilig's own admission about his address, his seat is vacant and has been for some time.
The governor has no choice except to call a special election. If Mr. Heilig wants his seat back, he must now run again. Let us see if the voters will re-elect someone who believes that his constitutional duty to live among them is a ``technicality.''
C. JAY ROBBINS IV
Chesapeake, July 1, 1996 by CNB