Virginia law lets legislator-lawyers delay court cases

Buchanan County case

More than four years after Buchanan County Supervisor Trey Adkins was indicted on 82 felony counts, his case has not reached a jury. The allegations include election fraud, absentee-voting violations, forgery, conspiracy and embezzlement of public property. Adkins has maintained his innocence.

The trial is scheduled for Oct. 19 in Dickenson County, nearly 54 months after the May 2022 indictment. Court motions show that House Minority Leader Terry Kilgore, R-Scott, one of Adkins’ attorneys, cited Virginia’s legislative-continuance law at least three times in 2023 and 2024 while seeking delays connected to his legislative duties.

How the law works

Virginia Code § 30-5 gives qualifying legislators, legislative employees and parties represented by them a right to postpone court and administrative proceedings. That period begins 30 days before a General Assembly session and ends 30 days after adjournment. It applies to regular and special sessions.

The protection also covers the day before, the day of and the day after legislative commission, council and committee meetings that a lawmaker is scheduled to attend. If a judge denies a qualifying request, the law treats that ruling as an error that can lead an appeals court to reverse the decision. Temporary injunctions are excluded and remain up to the judge.

Attorneys have criticized the law because opposing parties can face extended delays. Lawmakers who practice law argue that it protects clients when their attorneys must fulfill public duties in Virginia’s part-time legislature.

Senate Majority Leader Scott Surovell, D-Fairfax, said he has used the law when legislative obligations conflicted with misdemeanor court dates. He said lawmakers should invoke it only when their duties genuinely interfere and noted that delays do not always help defendants, some of whom want prompt resolutions.