Commonwealth ex rel. Greene v. Willey

By JUDGE ALEX H. SANDS, JR.

This is a proceeding instituted under § 15.1-63 of the Code of Virginia seeking to remove defendant from office as a member of the General Assembly of Virginia because of alleged malfeasance, misfeasance, incompetency, and gross neglect of official duty while in office.

In response to the bill of complaint, defendant has filed a motion to dismiss which raises the threshold question of whether the court has jurisdiction to determine any issue raised by the complaint.

It is defendant’s position that Article IV, § 7, of the Constitution1 confers upon each house of the…