The Republican candidate for attorney general has called for a special session of the General Assembly to deal with a recent U.S. Supreme Court ruling that he says will force prosecutors to suspend drug and drunken driving prosecutions.
State Sen. Ken Cuccinelli of Fairfax County said the high court's Melendez-Diaz v. Massachusetts ruling last month could damage the criminal justice system.
The court ruled that the government must make scientists who prepare lab reports in drunken driving and drug cases available for cross examination by defense lawyers.
Under current Virginia law, defendants have the responsibility to subpoena the scientists. Some prosecutors are concerned that they might have to delay cases if the state scientists are unavailable for cross-examination.
Gov. Timothy M. Kaine has the authority to call a special session, or the legislature, with a two-thirds vote, could call itself into special session.
"My public safety team, including the attorney general's office, the state police and others are analyzing the ruling to determine what it might mean with respect to staffing and our forensic lab and the availability of more people to testify in court proceedings," Kaine said in an interview Thursday.
The governor added it would be "premature" to call the legislature back into session at this time.
Today, Gordon Hickey, a spokesman for Kaine, said officials are "working with the law enforcement community to find an administrative solution."
The Virginia Supreme Court has upheld Virginia's law by a 5-4 decision, which has been appealed to the U.S. Supreme Court. Cuccinelli said the U.S. Supreme Court will not reconvene to hear the case until at least October. That is too long to leave Virginia's commonwealth's attorneys in a legal limbo, he said.
Ramon E. Chalkley III, commonwealth's attorney in Hanover County, said the Supreme Court ruling has not caused any problems yet, but down the road could cause significant delays.
The campaign of Del. Steve Shannon of Fairfax, Cuccinelli's Democratic opponent, described the request as "a [public relations] stunt that would cost taxpayers money."
Mike Henry, newly named as Shannon's campaign manager, said the Republican is "attempting to cover his weak record on drunken driving laws."
Henry managed Kaine's successful campaign for governor in 2005 and Mark R. Warner's successful campaign for the U.S. Senate in 2008. He also managed Terry McAuliffe's losing bid for the nomination to run for governor earlier this year. Henry was deputy campaign manager of Hillary Clinton's unsuccessful presidential campaign in 2008.
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