HD49 - Status of Part-Time Commonwealth's Attorneys

  • Published: 1989
  • Author: Joint Legislative Audit and Review Commission
  • Enabling Authority: Senate Joint Resolution 55 (Regular Session, 1988)

Executive Summary:
Commonwealth's attorneys are one of five locally-elected constitutional offices in Virginia. Commonwealth's attorneys represent the State in the prosecution of cases in juvenile and domestic relations courts, general district courts, circuit courts, and the court of appeals.

There are 121 Commonwealth's attorneys in Virginia. Currently, 73 Commonwealth's attorneys (60 percent) are compensated on a part-time basis for their work; 48 (40 percent) are compensated on a full-time basis.

Senate Joint Resolution No. 55 of the 1988 General Assembly directed JLARC to study the part-time nature of Commonwealth's attorneys. In addition, the resolution was referenced by Item 13 of the 1988 Appropriation Act, which requires a broader JLARC study of workload standards and funding for all five constitutional officers.

This interim report provides a preliminary assessment of part-time Commonwealth's attorney status. It is the first of several reports on workload standards for constitutional officers.

National Studies Recommend Full-Time Status

In preparing this report, JLARC staff reviewed standards and guidelines from national professional associations related to full-time or part-time status of prosecutors. This review indicated that the American Bar Association, the National Association of Attorneys General, the National Advisory Commission on Criminal Justice Standards and Goals, and the National District Attorneys Association have adopted standards or recommendations that prosecutorial services should be performed on a full-time basis.

Status in Virginia Should Be Determined by Attorney Workload

JLARC staff used information from three surveys to examine the current concerns about part-time status of Commonwealth's attorneys in Virginia. The surveys were sent to all part-time Commonwealth's attorneys, all full-time Commonwealth's attorneys, and circuit court judges who presided over courts regularly attended by at least one part-time Commonwealth's attorney. The survey questions addressed the following issues: relative experience and qualifications of part-time Commonwealth's attorneys; work effort expended by part-time Commonwealth's attorneys; the quality of prosecutorial work performed on a part-time basis; the impact of private practice work on the ability of part-time Commonwealth's attorneys to serve the Commonwealth; and the extent to which conflicts of interest are a concern.

The information obtained from the surveys was useful in understanding the concerns of Commonwealth's attorneys and circuit court judges. It also provided an important overview of the current workload in Commonwealth's attorney offices.

The survey responses revealed considerable divergence of opinion. The information was insufficient to demonstrate the need for either part-time or full-time status in all localities.

Because the survey data were not conclusive, analysis of additional factors was required. Through an examination of workload data for Commonwealth's attorneys and their staff, the need for full-time status was assessed further.