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By JON KLAVERKAMP
Rappahannock Neva Staff Writer
Commonwealth’s Attorney Peter Luke has requested payment for services that he performs as “County Attorney.” Specifically, Luke wants a retroactive payment of $8,000 for work done in 1984 and, starting with 1986, he “would like to bill the County on an hourly basis at $50.00 per hour. ”
The Board of Supervisors, at its January 7 meeting, discussed a threepage letter from Luke that detailed the reasons for his request. Luke begins his letter by noting that “because of the size of Rappahannock County,” (less than 15,000 pop.) “the State law provides that the Commonwealth’s Attorney shall also serve as County Attorney unless the County elects to hire its own County Attorney.”
. .Then Luke writes, “My salary to perform duties as Commonwealth’s Attorney, that is the prosecution of criminal offenses, is paid by the State. I am currently paid nothing by the State, or County, for the work I perform as County Attorney.”
After outlining the duties that he performs for the County and the tasks that “would normally be those of a County Administrator, Luke writes, “All of these things I have just outlined...I do for no compensation. I can, however, no longer afford to continue to handle all the County legal work, and other work, for free.”
In response to Luke’s claim that he is paid nothing for the Work he performs as County Attorney, Supervisor Nelson Lane, in a prepared statement, said, “I feel you (Luke) misunderstand the system and the law by feeling and stating that you are working for free...” Prior to that statement, Lane said, “Basically the law states that the Commonwealth’s Attorney shall serve as the County Attorney. ”
The relevant portion of the Code Of Virginia, 15.1-9.1:1, reads, “Except in counties having a population of fifteen thousand or less...no Commonwealth’s Attorney...shall be required to carry out any duties as a part of his office in civil matters of advising the governing body and all boards,...” Here the law goes on to list those duties required of a County Attorney.
Another section of the Code, 15.19.1:1, states that “the governing body of any county may create the office of county attorney. Such county attorney shall be appointed by the governing body to serve at the pleasure of the govemirg body. He shall serve at a salary to be fixed by the governing body.”
The position of County Attorney does not officially exist in Rappahannock County. I . asked Luke if he thought that in order to be paid for services performed as County Attorney the position would first have to be created by the Board of Supervisors. Luke said no, claiming that “The Board can just supplement the Commonwealth’s Attorney for County duties.”
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