IN THE CIRCUIT COURT OF THE CITY OF RICHMOND

JOHN MARSHALL COURTS BUILDING

COMMONWEALTH OF VIRGINIA, ex rel.

The Concerned Citizens of Petersburg,

an Unincorporated Association, Petitioners,

v. Case No.: __________

THE HONORABLE LEROY R. HASSELL, SR.,

CHIEF JUSTICE OF THE SUPREME COURT OF VIRGINIA, Defendant.

SERVE: Honorable Leroy R. Hassell, Sr.

Supreme Court of Virginia

100 North Ninth Street

Richmond, Virginia 23218-1315

PETITION FOR WRIT OF QUO WARRANTO

TO: THE HONORABLE JUDGES OF SAID COURT:

Your Petitioners, the Concerned Citizens of Petersburg, an unincorporated association ("Concerned Citizens"), in accordance with Virginia Code §§8.01-635, et. seq., as amended, respectively represent as follows:

1. The Concerned Citizens acting as interested relators for the Commonwealth of Virginia, are an unincorporated association of residents of the City of Petersburg, and comprised of persons who are interested in ensuring that all citizens of Petersburg have access to hospital and emergency room services in the City of Petersburg regardless of ability to pay. They have opposed the dissolution of the Hospital Authority of Petersburg and the sale of Southside Regional Medical Center, formerly operated on a non-profit charitable basis, to a for-profit corporation, because services to the indigent population their families, and/or themselves would be reduced or limited.

2. That the Honorable Leroy R. Hassell, Sr. ("Justice Hassell"), is the Chief Justice of the Supreme Court of Virginia, and has authority by virtue of law to designate judges to sit as substitutes in judicial circuits in Virginia where the usual judges are so situated as to render it improper, in their opinion, for them to preside at the trial of a cause; and

3. Virginia Code §17.1-105, as amended, provides the specific methods and circumstances in which substitute judges are designated;

4. Specifically, in accordance with §17.1-105(B):

If all the judges of any court of record are so situated in respect to any case, civil or criminal, pending in their court as to render it improper, in their opinion, for them to preside at the trial, unless the cause or proceeding is removed, as provided by law, they shall enter the fact of record and the clerk of the court shall at once certify the same to the Chief Justice of the Supreme Court, who shall designate a judge of some other court of record or a retired judge of any such court to preside at the trial of such case.

5. On May 16, 2003, the Honorable James F. D'Alton, Jr. ("Judge D'Alton"), entered the Order attached as Exhibit "A" in the matter of "Rev. Grady W. Powell, et als., Petitioners - Petition for Dissolution for the Hospital Authority of the City of Petersburg", which stated:

It appearing that all of the judges of this Court are so situated in respect to this case as to render it improper, in their opinion, for them to preside at the trial, therefore, Thomas V. Warren, James F. D'Alton, Jr., and Pamela S. Baskervill, recuse themselves from the trial of this case.

6. On or about May 20, 2003, Judge D'Alton sent the letter attached as Exhibit "B" to Samuel P. Johnson, III, Virginia W. Powell and Mark D. Epply, counsel for the parties at interest in that matter, advising them that "the Honorable Donald H. Kent, retired judge, has agreed and will be designated by the Supreme Court to try the above-captioned case."

7. By letter of the same date, May 20, 2003, to Frederick A. Hodnett, Jr., Assistant Executive Secretary of the Supreme Court of Virginia, Judge D'Alton advised Mr. Hodnett that Judge Kent "has agreed to hear this case", and therefore requested that Judge Kent be designated to handle all matters involving the case.

8. In soliciting a specific judge to hear the Petition for Dissolution of Hospital Authority of the City of Petersburg after they had recused themselves because it would be improper for them to preside at trial, and then in further suggesting to Mr. Hodnett that Judge Kent be appointed in their place, one or more of the recused judges failed to comport themselves with Virginia statutes and appropriate procedures;

9. Upon receipt of Judge D'Alton's letter dated May 20, 2003, Mr. Hodnett, or someone acting on his behalf in the offices of the Assistant Executive Secretary of the Supreme Court of Virginia, prepared the sketch Order attached as Exhibit "C" for the signature of Leroy R. Hassell, Sr., as Chief Justice of the Supreme Court of Virginia;

10. The Honorable Justice Hassell, reasonably presuming that this Order of Designation was prepared for him by Virginia Supreme Court employees and staff who would follow the command of Virginia statutes, Canons of Judicial Ethics and internal Virginia Supreme Court operating procedures, entered the suggested designation order without being aware of the manner in which Judge Kent was selected as designee;

11. The designation of Judge Kent in these circumstances was the result of improper, unlawful and/or fraud on the Court or other error or omission, however characterized, which would be sufficient to render the designation of Judge Kent's and all orders entered by Judge Kent void;

12. The Petitioners aver that the purpose of the designation statute, as set forth in Virginia Code §17.1-105(B), as amended, is to prevent not only improprieties, but even the appearance of impropriety by judges;

13. The Petitioners aver that, even without reference to this statute, there is an appearance of impropriety when a judge or judges who recuse themselves from presiding in a matter because they are "so situated as to render it improper", nevertheless direct the selection of the judge to designated by the Virginia Supreme Court;

14. The Petitioners aver that if such procedure were proper there would be no statutory need for the Supreme Court of Virginia to be involved in such designations;

15. Judge Kent, subsequent to his putative designation, approved the dissolution of the Hospital Authority of Petersburg, as well as its sale to a for-profit corporation, against the interests of your petitioners.

16. The matters stated in this Petition are sufficient in law to authorize the issuance of the Writ of Quo Warranto;

WHEREFORE, your Petitioners pray that a Writ of Quo Warranto be awarded and prosecuted against the Honorable Leroy R. Hassell, Sr., so that the court may inquire into and determine the lawfulness and propriety of his appointment of the Honorable Donald H. Kent, Retired Judge of the Eighteenth Judicial Circuit to preside in the Circuit Court of the City of Petersburg in the case of "Rev. Grady W. Powell, et als., Petitioners Petition for Dissolution of the Hospital Authority of the City of Petersburg (Law No.: 03-189)"; and if such appointment was unlawful, or based on fraud or other error or omission; to revoke or void the appointment (and by implication any judgments or decrees entered by the Honorable Donald H. Kent, finding them void ab initio or voidable, and to appoint a receiver or other fiduciary to operate the Southside Regional Hospital on a non-profit, charitable basis, and that the Petitioners be awarded their reasonable attorney's fees and costs.

THE CONCERNED CITIZENS

OF PETERSBURG

By:

Counsel

STATE OF VIRGINIA

City of Colonial Heights, to-wit:

The foregoing Petition for Writ of Quo Warranto was subscribed and sworn to before the this _______ day of September, 2003

_____________________________________

Notary Public

My commission expires: October 31, 2004.