V I R G I N I A:

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.: LR2125-3

THE HONORABLE LEROY R. HASSELL, SR.,

CHIEF JUSTICE OF THE SUPREME COURT OF VIRGINIA, Defendant.

WRITTEN STATEMENT OF FACTS, ETC., IN ACCORDANCE

WITH RULE 5:11(c) OF THE RULES OF THE SUPREME COURT OF VIRGINIA

Comes now the Commonwealth of Virginia, ex rel. The Concerned Citizens of Petersburg, an Unincorporated Association, and sets forth its Written Statement of Facts as follows:

1. The petitioners filed a Petition for Writ of Quo Warranto in the Circuit Court of the City of Richmond (John Marshall Courts Building) on September 10, 2003. The Honorable T. J. Markow ordered that the petitioners file a bond in the sum of $500.00 in accordance with statute; the Clerk's Office of the Circuit Court drafted the bond, and it was signed, paid and filed in the Clerk's Office of the aforesaid court on September 11, 2003.

2. At the time of the filing of the bond, the Honorable T. J. Markow was undecided as to whether he should recuse himself from consideration of this matter, for reasons known to himself, but not to the petitioners;

3. The Clerk's Office instructed petitioners' counsel to call in a few days to determine whether any changes were made to the judge assignment to this matter;

4. On or about September 16, 2003, the putative defendant, the Honorable Leroy R. Hassell, Sr., Chief Justice of the Supreme Court of Virginia, by counsel, filed a "Demurrer, Plea to the Jurisdiction of the Court and Motion to Dismiss Petition for Writ of Quo Warranto," although the defendant had not yet been formally served, and Judge Markow had not made a determination regarding whether a Writ should issue, which would make Chief Justice Hassell a proper defendant;

5. The Circuit Court of the City of Richmond was closed due to Hurricane Isabell on September 18 and 19, 2003;

6. On September 22, 2003, Judge Markow entered the Order denying the plaintiffs' Petition for Writ of Quo Warranto. The Order was drafted and entered in Judge Markow's chambers on September 22, 2003, without advance notice to either counsel or a hearing being set, and without live testimony from any witness;

7. Petitioners' counsel, being unaware of the entry of the September 22, 2003 Order, mailed his responsive "Motion to Quash Demurrer, Plea to the Jurisdiction of the Court and Motion to Dismiss Petition for Writ of Quo Warranto" with attached exhibits to the court on September 24, 2003; this Motion is made a part of the record.

8. Petitioners' counsel called Judge Markow's chambers on September 25, 2003, to determine if a hearing in these matters could be set, and if Judge Markow remained in the case, and was advised that Judge Markow had already entered a final Order on September 22, 2003. The Clerk's Office faxed petitioners' counsel a copy of the final Order the same day;

9. For purposes of Virginia Code §8.01-384(A), counsel did not have an opportunity to note objections to the judge's ruling or Order at the time they were made.

Petitioners' counsel noted his appeal to the Virginia Supreme Court on October 22, 2003, and filed his Notice of Presentation of Written Statement of Facts on the same date.

ENTER: / /

JUDGE

I ask for this:

Seen:

Edward M. Macon

Senior Assistant Attorney General

Office of the Attorney General

900 East Main Street

Richmond, Virginia 23219

CERTIFICATE

I hereby certify that a true and correct copy of the foregoing Written Statement of Facts, Etc., in Accordance with Rule 5:11(c) of the Rules of the Supreme Court of Virginia was hand delivered to Edward M. Macon, Senior Assistant Attorney General, Office of the Attorney General, 900 East Main Street, Richmond, Virginia, counsel for the Honorable Leroy R. Hassell, Sr., this _____ day of October, 2003.