In Re Commonwealth's Attorney

These cases are before the Court on two petitions for writs of prohibition and/or mandamus filed by the petitioner, Donald S. Caldwell, Commonwealth’s Attorney for the City of Roanoke, and directed to the Honorable James R. Swanson, Judge of the Circuit Court for the City of Roanoke. The Commonwealth’s Attorney is proceeding under this Court’s original jurisdiction pursuant to Article VI, § 1 of the Constitution of Virginia and Code § 17.1-309.

This Court consolidated the petitions for purposes of argument and opinion. The underlying facts and proceedings of each case are similar and are not…