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 THE SUPREME COURT TO HEAR EN BANC

WHY THE PETITION FOR APPEAL SHOULD BE GRANTED

Comes now the Plaintiffs/Appellants, by counsel, and in support of his motion states as follows:

In order to avoid the possibility of retaliation by Justice Hassell against any members of the Virginia Supreme Court who might vote in favor of accepting the underlying Petition for Appeal herein, counsel for the Appellant moves that he be permitted to make his argument to the Supreme Court, en banc, with Chief Justice Hassell recusing himself.

WHEREFORE, the Appellant prays that the Virginia Supreme Court hear argument on accepting this Appeal orally and en banc.

Respectfully submitted,

COMMONWEALTH OF VIRGINIA, ex rel.

The Concerned Citizen of Petersburg,

an Unincorporated Association

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.