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Board authorizes petition to court after finding Walker's Creek supervisor seat vacant
Summary
Rockbridge County supervisors approved a resolution directing the county attorney to petition the circuit court for a writ of special election and to request an interim appointment after counsel said a supervisor failed to take the oath of office within statutory deadlines.
The Rockbridge County Board of Supervisors voted on March 30 to authorize the county attorney to petition the Rockbridge County Circuit Court for a writ of special election and to request that the court make an interim appointment to fill a vacancy in the Walkers Creek Magisterial District.
The action followed a legal briefing from Mister Dryden, who said county review during bond issuance due diligence found that “Mister Lewis had not made his oath within a timely manner,” and that under the statute the office was therefore vacated. Dryden told the board the relevant statutory windows (including a 30-day grace period and a distinct 45-day appointment window for the governing body) had elapsed, leaving the circuit court with authority to appoint an interim supervisor.
Dryden said he consulted two outside attorneys — a longtime local government practitioner and the bond counsel — and that both concurred with his conclusion that a vacancy exists and that the board’s statutory 45-day appointment period had expired. He emphasized the statute’s plain language and the legal risk of attempting a post hoc board appointment outside the statutory period.
Board members asked how judges would select an interim appointee, whether the court would solicit applicants, and how residents could express interest. Dryden said the statute is silent on judges’ internal procedures but that the court “may” appoint and that judges typically act in a timely manner; he suggested interested residents could contact judges’ publicly listed offices as private citizens and said he would speak with Judge Russell after the petition is filed.
The board then moved and seconded a resolution authorizing the county attorney to prepare and file the petition; the motion carried by unanimous vote.
The petition begins the court-driven process for filling the seat on an interim basis; if the court does not appoint an interim, the office could remain vacant until the special election in November 2026. The resolution does not itself select an interim appointee or change the outcome of any past board votes.
