VIRGINIA: IN THE CIRCUIT COURT OF GLOUCESTER COUNTY COMMONWEALTH OF VIRGINIA, Case Nos.: 08-378-380 v. TERESA L. ALTEMU! Defendant, MEMORANDUM OF DEFENDANT TERESA L. ALTEMUS IN SUPPORT OF MOTION TO DISQUALIFY THE COMMONWEALTH’S ATTORNEY By Motion filed on July 29, 2008, Defendant Teresa L. Altemus (“Altemus”) moved to disqualify the Commonwealth’s Attomey, Robert D. Hicks (“Hicks”), from proceeding in this matter. Altemus’ Motion incorporated and adopted the reasons set out in a similar motion filed by Defendant Michelle R. Ressler (“Ressler”) and added the predicate for personal bias of Hicks; that Altemus was a member of the Board of Directors of the Virginia Association of Counties when Hicks’ father, Flippo Hicks, was terminated in his role as counsel to that organization. This Memorandum expands on the basis for Altemus’ Motion and incorporates additional grounds that have come to light based on the recent actions of Hicks INTRODUCTION ‘A Commonwealth’s Attomey is not just an advocate but has a sworn obligation to ensure that a defendant is accorded procedural justice. See Rule 3.8 of the Virginia Rules of Professional Conduct. He may not bring or maintain a charge that he knows is not supported by probable cause. See Rule 3.4(j) of the Virginia Rules of Professional Conduct. He must also ensure that guilt is based upon the basis of sufficient evidence, see Rule 3.8, not on adversepublic sentiment, especially when that “sentiment” and “fervor” is ginned up by improper extrajudicial statements and conduct. In this case, that is exactly what Hicks has done and continues to do in a continuum of improper conduct, Specifically, Hicks, who has clear personal biases and conflicts, set about, without authority or any basis in law, to publicly bring opprobrium upon the newly elected and newly constituted majority of the Board of Supervisors of Gloucester County (the “Board”). The Board had the authority to terminate and did terminate the County Administrator and County Attorney at a meeting of the Board on January 2, 2008, There has been no assertion that the meeting was conducted in violation of the Virginia Freedom of Information Act (“FOIA”), or that the Board lacked the authority to terminate the contracts of the individuals holding those two positions positions from which they had already resigned. Hicks published to the public a FOIA Investigation Report (“FOIA Report”) (Exhibit A) that tamished the actions of the Supervisors notwithstanding the conclusion that FOIA was not violated, ‘The genesis of the FOIA Report ‘was a public “hue and cry” emanating from a Rotarian organization in Gloucester County. Then, following the public hue and ery (one that was ginned up even further by his FOIA Report), Hicks successfully moved for the empanelment of a special grand jury consisting of members and investigators that were far from indifferent, which resulted in indictments against Altemus and some of her colleagues that Hicks knows are without basis or foundation. Then, ha ng thrown a cloak of criminality and suspicion upon Altemus and her colleagues’ indictments, those who created the “hue and ery” are proceeding forward with petitions for recall wherein Hicks would represent their accusers. See Virginia Code § 24,2-237. Building on the publicperception of impropriety and criminality that he helped create and foster,! Hicks would use that proceeding to argue that the conduct of Altemus and her colleagues had “a material adverse effect upon the conduct of the office.” See Virginia Code § 24.2-233(1). This all to the end that Hicks and others of like mind would be able to reverse the decision that a majority of citizens of Gloucester made when conducting their rights to vote on November 6, 2007. As Hicks admitted in open court on July 29, 2008, the resignation of the indicted Board members was “all everyone ever wanted.” Mary Kay Mallonee, Prosecutor Offers to Drop Charges is Gloucester Co. Supervisors Resign, WAVY TV-10 (July 30, 2008) (Exhibit B). ACTIONS OF THE BOARD In November 2007, elections were held for various offices, including constitutional officers (including Hicks) and some of the members of the Board. Among those elected were Ressler, who was re-elected to an at-large seat on the Board, and two new members of the Board, Bobby Crewe (“Crewe”) and Gregory Woodward (“Woodward”). Woodward, (who received campaign contributions from Ressler who was re-elected in the November 6, 2007 election for her at large seat on the Board) and Crewe defeated longtime incumbents who had served on the Board. Woodward and Crewe, along with Altemus and Ressler, as well as another Board member, Christian Rilee (“Rilee”), voted on January 2, 2008 (the first meeting of the new Board) to terminate, effective immediately, the County Administrator, William Whitley (“Whitley”). By a similar majority vote of four to three (Rilee voting in the minority), Altemus, Ressler, Crewe and Woodward also voted to terminate, effective immediately, the County Attorney, ' ‘The Daily Press’ website contains several articles, video clips, and “blogs” that evidence the public’s negative perception of the actions taken by Altemus and her colleagues. A few pages from these blogs, along with some articles, are attached as Exhibit C