|
|
Commonwealth's Attorney
About the Office
The Position of Commonwealth's Attorney
The position of commonwealth's attorney was established by the Constitution of Virginia. The voters of each city and county in Virginia elect a commonwealth's attorney to serve a four-year term.
The primary duty of each commonwealth's attorney is to prosecute all felonies and misdemeanors charged under the Code of Virginia occurring in his or her locality. In other states, this position is often named "district attorney" or "state's attorney." Beyond his or her prosecutorial role, each commonwealth's attorney is also required by state law to perform a number of civil functions. In addition, the commonwealth's attorney in Roanoke has agreed to prosecute all misdemeanors charged under the Code of the City of Roanoke which would otherwise be prosecuted by the city attorney.
Because the commonwealth's attorney in each locality has the sole discretion as to whether a defendant should be prosecuted and, if so, how the case should be tried, he or she represents the interests of the people of Virginia. Criminal cases are brought in the name of the Commonwealth of Virginia, explaining why cases are given names such as "Commonwealth v. Smith." Each commonwealth's attorney has the dual responsibility to vigorously prosecute those who violate the law while refusing to prosecute those against whom the evidence does not indicate probable guilt.
Although commonwealth's attorneys represent Virginians in court, they do not provide legal counsel to state government. This is the role of the attorney general of Virginia, who is elected by the state's voters every four years. Commonwealth's attorneys also do not provide legal counsel to individual citizens on private matters. Citizens in need of legal assistance may call the Virginia State Bar Referral Service at 800-552-7977.
Staff
The commonwealth's attorney in Roanoke has hired eleven assistant commonwealth's attorneys to represent the office in judicial proceedings. In addition, the office includes six secretarial positions, one cost collections clerk and three victim-witness services positions for a total of 22 persons.
Typical Day
In the city of Roanoke, courts are in session Monday through Friday, year-round. On any given day, this office provides representation in six to ten juvenile and domestic relations, general district or circuit courts. The busiest portion of the day is between the hours of 8:30 a.m. and noon because most courts are in session during this time. The afternoon hours are generally devoted to juvenile and domestic relations district court, circuit court and civil duties.
Average Annual Volume of Cases
The 23rd Judicial District of Virginia, which includes the city of Roanoke, county of Roanoke (including the town of Vinton) and city of Salem, is the sixth busiest district out of the 31 judicial districts in the state. The majority of the case load is in the city of Roanoke.
Circuit Court (5th busiest in Virginia out of 31 districts)
Average of 1,500 felony indictments representing 2,250 original charges filed each year
Average of 650 misdemeanor appeals heard each year
General District Court (16th busiest in Virginia out of 31 districts)
Annual average of 19,000 criminal cases
Annual average of 27,000 traffic cases
Annual average of 31,500 other hearings
Juvenile and Domestic Relations District Court (6th busiest in Virginia out of 31 districts)
Annual average of 6,000 cases
Annual average of 12,000 other hearings
|
|
|