Today Governor McAuliffe vetoed House Bill 70, which would prohibit magistrates from issuing misdemeanor arrest warrants against law enforcement officers if the alleged offense was related to that officer’s duties, even in the face of overwhelming evidence of a crime.
The Governor’s full statement is below:
March 11, 2016
Pursuant to Article V, Section 6, of the Constitution of Virginia, I veto House Bill 70, which prohibits magistrates from issuing misdemeanor arrest warrants against law enforcement officers if the alleged offense was related to that officer’s duties, even in the face of overwhelming evidence of a crime.
Virginia enjoys outstanding law enforcement officers at all levels. They are not, however, perfect. We have seen all too often in recent years abuses perpetrated by poorly performing law enforcement officers throughout the United States. These abuses took place while these officers were purportedly carrying out their duties.
House Bill 70 would preclude Virginia’s magistrates from issuing misdemeanor arrest warrants in such circumstances, unless the complainant was a law enforcement officer, without the prior approval of the relevant law enforcement agency having jurisdiction over the offense. Neutral magistrates, the judicial officers with primary responsibility for misdemeanor warrants, would be unable to act on valid citizen complaints of police abuse. Further, this legislation would only serve to place a larger workload on our judges and court clerks, the other individuals authorized to issue such warrants.
I trust Virginia’s magistrates to determine whether probable cause exists to issue a misdemeanor warrant, even in those circumstances which involve law enforcement officers. Shifting their workload to judges and court clerks serves neither our citizens nor our judicial system.
Accordingly, I veto this bill.
Sincerely,
Terence R. McAuliffe
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