A feud between Norfolk city leaders and Commonwealth’s Attorney Ramin Fatehi was on display in court this week as attorneys argued who has authority to handle several cases.
At least one case was delayed until July as City Attorney Bernard Pishko and Fatehi laid claim. Last week, Fatehi forbid Pishko’s office from prosecuting all Norfolk Circuit Court misdemeanor cases. Fatehi made the decision after Norfolk City Council members — unhappy with how shoplifting cases were handled —authorized the City Attorney’s Office to prosecute misdemeanor shoplifting offenses.
On Tuesday, lawyers from both offices claimed authority over an appeal of a man who was charged with being in a park after sunset, a Class 2 misdemeanor punishable by up to six months in jail and/or a fine of up to $1,000.
Circuit Judge Joseph Lindsey continued the case until July 11 and gave both attorneys 21 days to file briefs on “who has authority to argue case,” according to court documents.
In another instance Wednesday, the Commonwealth’s Attorney Office agreed to let the City Attorney’s Office argue a dangerous dog jury trial in Circuit Court in exchange for not challenging the commonwealth’s attorney ability to prosecute a property damage case appealed to Circuit Court. The commonwealth’s attorney originally handled the case in District Court as it involved additional charges under state code.
In a statement, Fatehi said the exchange put the victims in both cases first.
“I remain willing to reach reasonable compromises consistent with public safety and criminal justice reform,” Fatehi said.
In an email, Pishko said the exchange was done in the interest of efficiency and consistency and allowed the attorneys who prosecuted the cases in the lower court to handle Circuit Court appeals.
Pishko said the city also plans to ask a judge to rule on who has the authority to prosecute misdemeanors in Circuit Court. In a letter last week to FatehiPishko referenced seeking a declaratory judgement on the issue.
The conflict between Fatehi and the city officials began when Mayor Kenny Alexander announced in April the City Attorney’s Office would begin prosecuting misdemeanor shoplifting cases. Alexander said Fatehi was not doing enough to prosecute the cases. City Council members voted last week to amend city code, allowing Pishko’s office to prosecute misdemeanor shoplifting cases.
In response, Fatehi has said his office lacks funding from the state or city to staff those cases, and said Norfolk has ignored his requests for additional funding.
Additionally, he has called the move politically motivated — Faheti faces a June 17 Democratic primary challenge from John Butler, a former federal prosecutor. Butler has been endorsed by Alexander and City Council members Jeremy McGee, Tommy Smigiel and Courtney Doyle.
Under Virginia law, commonwealth’s attorneys — elected constitutional officers — must prosecute all felonies in their jurisdictions. But they have discretion on misdemeanor crimes, and Fatehi said the state does not provide funding for attorneys to handle misdemeanor case loads.
In response to the City Council actions, Fatehi moved to revoke the city attorney’s authority to prosecute any misdemeanors in Circuit Court and asked the city to provide monthly updates on charges pursued in District Court. Fatehi says the state code allows him to control whether the city attorney can prosecute either state or city misdemeanors.
However, Pishko is fighting back, saying Norfolk’s charter directs himto prosecute all city code violations, and theCode of Virginia says municipal corporations shall have all powers granted to it by its charter.
Trevor Metcalfe, 757-222-5345,trevor.metcalfe@pilotonline.com
Originally Published: May 24, 2025 at 1:00 PM EDT
