Petition for Removal of Commonwealth’s Attorney for Fairfax County Steve Descano
WHEREAS, Virginia Code Section 24.2-233 states in pertinent part: “Upon petition, a circuit court may remove from office any elected officer … [f]or neglect of duty, misuse of office, or incompetence in the performance of duties when that neglect of duty, misuse of office, or incompetence has a material adverse effect upon the conduct of the office.”
WHEREAS, the Commonwealth’s Attorney for Fairfax County Steve Descano failed to follow the law\ regarding his obligations under the Freedom of Information Act, Virginia Code Section 2.2-3700 et seq. until ordered by a judge in the Fairfax County General District Court to comply with his legal obligations as an elected official;
WHEREAS, the Commonwealth’s Attorney for Fairfax County Steve Descano has deliberately sought to organize for politically-motivated causes;
WHEREAS, the Commonwealth’s Attorney for Fairfax County Steve Descano has created, through his demeanor and policies, a lack of respect, dignity and fairness at all stages of the criminal justice system;
WHEREAS, the Commonwealth’s Attorney for Fairfax County Steve Descano has refused to properly prosecute defendants in numerous drug, felony, and sexual assault cases resulting in victims of these types of crimes cases feeling alienated and therefore unimportant;
WHEREAS, the Commonwealth’s Attorney for Fairfax County Steve Descano has refused to properly enforce the laws of the state legislature by allowing large swathes of crimes to go unprosecuted and endangering public safety by refusing to seek sentences authorized by the Virginia Constitution;
WHEREAS, the Commonwealth’s Attorney for Fairfax County Steve Descano has refused to prosecute all kinds of misdemeanors because of so-called understaffing and withheld exculpatory evidence in a sequence of Brady violations;
WHEREAS, the Commonwealth’s Attorney for Fairfax County Steve Descano has eliminated cash bail because it is a “punishment” and instead sought a system of counseling and interventions to help the perpetrator in the period before trial;
WHEREAS, the Commonwealth’s Attorney for Fairfax County Steve Descano has only listed the crimes that his office will prosecute, which as a necessary result excludes classes of crimes outlined under Virginia law and exempts perpetrators of these crimes from state-mandated criminal penalties.
THEREFORE, with heavy hearts that circumstances have led the undersigned to seek the implementation of this unique remedy under the Code of Virginia Sections 24.2-233 et seq, the undersigned registered voters of Fairfax County hereby ask the Fairfax County Circuit Court to immediately suspend the Commonwealth’s Attorney for Fairfax County from his Office upon the filing of this petition, as allowed for by Virginia Code Section 24.2- 236, and respectfully request this matter be subsequently set for a trial governing his removal pursuant to Virginia Code Section 24.2-235 et seq.
