Legal Opinion

Terry v. Wilder

Richmond County Circuit Court

Decided December 29, 1992No. Case No. (Chancery) HC-1307-2PublishedCited by 2 opinions

1Opinion of the Court

By Judge Robert L. Harris, Sr.

The ultimate issue before the Court is whether the Governor has the legal authority to remove and replace the Office of the Attorney General as the legal representative of a state agency, in this case the Virginia Retirement System (“VRS”). The Court finds that replacing the Office of the Attorney General as counsel for VRS in all representative capacities is to replace the Office as “regular counsel.” Because this conflicts with § 2.1-121 of the Code of Virginia, the Court rules that the Governor lacks such sweeping authority.

*419During the course of the proceedings…

2Cases cited32 opinions

  1. United States v. NixonSupreme Court of the United States · 1974
  2. Nixon v. Administrator of General ServicesSupreme Court of the United States · 1977
  3. Rum Creek Coal Sales, Inc. v. CapertonCourt of Appeals for the Fourth Circuit · 1991
  4. Dakota Central Telephone Co. v. South Dakota Ex Rel. PayneSupreme Court of the United States · 1919
  5. Environmental Protection Agency v. Pollution Control BoardIllinois Supreme Court · 1977

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3Cited by2 opinions

  1. McEachin v. BollingRichmond County Circuit Court · 2011
  2. Thomas v. BealsDistrict Court, E.D. Virginia · 2022

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