If you’ve been following the saga of Norfolk Treasurer Anthony Burfoot, then you know that some serious change needs to be made to the laws in Virginia which allow him to stay in office while appealing his felony convictions. A house bill addressing the situation – automatic suspension from office upon conviction – was discussed in this article. But it is the Senate bill which needs our immediate attention. The bipartisan SB 1487, sponsored by Sen. Lynwood Lewis and co-sponsored by Sen. Bill DeSteph, will be heard tomorrow, Tuesday, January 24, at 4pm, in the Senate Privileges and Elections Committee.
Although I had planned to be in Richmond tomorrow for CPA Lobby Day, I’m not going to make it. So like you, I’ll be contacting the members of the committee and asking them to support this bill. I hope you will do the same. The committee members and their contact information is as follows:
Senator | District | Room Number | Email Address | Phone Number |
Jill Vogel (Chair) | 27 | 309 | district27@senate.virginia.gov | (804) 698-7527 |
Janet Howell | 32 | 321 | district32@senate.virginia.gov | (804) 698-7532 |
Creigh Deeds | 25 | 432 | district25@senate.virginia.gov | (804) 698-7525 |
John Edwards | 21 | 301 | district21@senate.virginia.gov | (804) 698-7521 |
Bryce Reeves | 17 | 312 | district17@senate.virginia.gov | (804) 698-7517 |
Adam Ebbin | 30 | 328 | district30@senate.virginia.gov | (804) 698-7530 |
Ben Chafin | 38 | 428 | district38@senate.virginia.gov | (804) 698-7538 |
Bill DeSteph | 8 | 303 | district08@senate.virginia.gov | (804) 698-7508 |
Amanda Chase | 11 | 319 | district11@senate.virginia.gov | (804) 698-7511 |
Frank Ruff | 15 | 431 | district15@senate.virginia.gov | (804) 698-7515 |
John Cosgrove | 14 | 323 | district14@senate.virginia.gov | (804) 698-7514 |
Rosalyn Dance | 16 | 320 | district16@senate.virginia.gov | (804) 698-7516 |
Lionell Spruill | 5 | 305 | district05@senate.virginia.gov | (804) 698-7505 |
Mark Peake | 22 | 322 | district22@senate.virginia.gov | (804) 698-7522 |
The law can have no effect on Tres. Burfoot. Here is the line that would be added: “Any constitutional officer convicted of a felony under the laws of any state or the United States shall be automatically suspended upon such conviction, regardless of any appeals, pleadings, delays, or motions.”
While that (and the addition of the Oxford Comma) are welcome additions to the law, it specifically says “upon such conviction.” That conviction has already happened, so no suspension can occur upon it. Furthermore, any law requiring his suspension would run afoul of Section 9 of the Virginia Constitution: “[The] General Assembly shall not pass any bill of attainder, or any ex post facto law.”
http://law.lis.virginia.gov/constitutionfull