Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: SATURDAY, July 31, 1993 TAG: 9307310152
SECTION: VIRGINIA PAGE: C-2 EDITION: METRO
SOURCE: AMANDA KELL ASSOCIATED PRESS
DATELINE: RICHMOND LENGTH: Medium
The Supreme Court unanimously reversed the circuit court order and said Morrissey should be allowed to serve out the remaining five months of his term.
"Obviously, I'm absolutely delighted by the Supreme Court's ruling," said Morrissey, who will return to work Monday.
"There appears to be no dissenting opinion from the seven-justice Virginia Supreme Court, so that makes me feel pretty good," he added. "The Virginia Supreme Court said it was wrong to remove me."
Morrissey was indicted June 4 on charges that included bribery, perjury and misuse of public funds. A grand jury judge suspended him, but Morrissey was reinstated June 15 by a three-judge panel of the Virginia Court of Appeals.
Morrissey's staff then filed a petition saying they had no confidence in him, and a majority of the circuit court judges voted June 21 to take Morrissey off the job. His staff said trial judges were reluctant to accept their plea agreements in light of Morrissey's legal problems, and Morrissey would be preoccupied with his defense and unable to run the office.
The judges cited a law allowing for the removal of a commonwealth's attorney "unable to act, or to attend to his official duties as attorney for the Commonwealth, due to sickness, disability or other reason of a temporary nature."
They said "the taint which accompanies indictments" would interfere with the work of the prosecutor's office.
The Virginia Court of Appeals said July 2 it didn't have jurisdiction to rule on Morrissey's petition for reinstatement, and his lawyer appealed the case Wednesday.
"According to the record, the reasons alleged for Morrissey's so-called `inability to act' have nothing to do with conditions of sickness, or physical or mental disability," the justices said.
by CNB