After a hearing to show cause in the case of Harrisonburg Treasurer Rebecca Neal was continued until June 12, Commonwealth's Attorney Marsha Garst asked Judge James Lane to suspend Neal until the hearing can take place.
"There are allegations that not only did she take cash fro the office, but she used it for her benefit and had it returned with insufficient funds," says Garst. "That spells misuse of office."
Garst referred to Virginia Code § 24.2-236, which states, "the circuit court may enter an order suspending the officer pending the hearing. The court may, in its discretion, continue the suspension until the matter is finally disposed of in the Supreme Court or otherwise. During the suspension, the court may appoint some suitable person to act in the officer's place. The officer's compensation shall be withheld and kept in a separate account and paid to him if and when the judicial proceedings result in his favor. Otherwise, it shall be paid back to the county, city, town or State Treasurer who paid it."
Lane agreed it was within his discretion to suspend Neal, but added that he would take the matter "under advisement" and would issue a written decision by Friday.
"The only other thing that needs to be decided is what is appropriate," says Lane. "It's a tough decision."
Neal's attorney David O'Donnell objected to the motion for suspension.