Virginia Code 24.2-232: Vacancy occurring when officer determined “mentally incompetent” (incapacitated).
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A person who is determined to be incapacitated in a judicial proceeding as provided for in Chapter 20 of Title 64.2 shall be deemed for purposes of Article II, § 1 of the Constitution of Virginia and this title to be “mentally incompetent” as that term is used in those provisions. The office of any person who is so determined to be incapacitated, shall become vacant and the vacancy filled in the manner provided by law. Notwithstanding the provisions of Chapter 20 of Title 64.2, however, any officer shall have a jury trial unless it is waived by him or for him by his counsel of record.
Terms Used In Virginia Code 24.2-232
- Person: includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. See Virginia Code 1-230
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
1975, cc. 515, 595, § 24.1-79.4; 1993, c. 641; 1997, c. 921; 1998, c. 582.