IN THE SUPREME COURT OF VIRGINIA

COMMONWEALTH OF VIRGINIA, ex rel.

The Concerned Citizens of Petersburg,

an Unincorporated Association, Petitioners,

v. Richmond Circuit Court Case No.: LR2125-3

THE HONORABLE LEROY R. HASSELL, SR.,

CHIEF JUSTICE OF THE SUPREME COURT OF VIRGINIA, Defendant.

MOTION FOR RECUSAL OF CHIEF JUSTICE HASSELL

FROM CONSIDERATION OF THIS CASE AND ADMINISTRATIVE

DUTIES RELATED TO CASE ASSIGNMENT

Comes now the Plaintiffs/Appellants, by counsel, and move that the Honorable Chief Justice Hassell recuse himself from hearing this matter, as well as all other administrative duties related to assignment of the Petition for Appeal to another Justice or Justices for consideration.

In support of this motion, counsel for the Appellants states as follows:

1. The Petition for Appeal concerns matters in which Judge Hassell has a personal interest in, in that, inter alia, both the Appellants' counsel and Justice Hassell have sought monetary sanctions, each from the other;

2. Justice Hassell has already expressed his position regarding the legitimacy of the acts complained of in papers filed via the Virginia Attorney General's Office in the underlying matter at the Richmond Circuit Court;

3. On information and belief, Justice Hassell, in his role as Chief Justice, has administrative powers at the court which may enable him to steer a case, were he so inclined, to a specific Justice or panel of Justices; obviously if it is improper for him to hear the case, it would be improper for him to decide who else should hear it.

A separate motion has also been filed simultaneously with this one which asks that the Supreme Court of Virginia decide en banc (without Justice Hassell) whether this petition should be granted, to minimize or eliminate the possibility of retaliation against those Justices who might be inclined to accept the Petition.

WHEREFORE, the Appellants, by counsel, move that Justice Hassell recuse himself, or be recused from consideration of this case and all other administrative duties related to the assignment of other Justices who would hear this matter.

Respectfully submitted,

COMMONWEALTH OF VIRGINIA, ex rel.

The Concerned Citizen of Petersburg,

an Unincorporated Association

By Counsel

CERTIFICATE

I hereby certify that a true and correct copy of the foregoing Notice of was mailed, postage prepaid to Edward M. Macon, Senior Assistant Attorney General, Office of the Attorney General, 900 East Main Street, Richmond, Virginia 23219, counsel for the Honorable Leroy R. Hassell, Jr., this _____ day of December, 2003.

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