Records of the Secretary of the Commonwealth, Extradition Requisition and Rendition Files of Governor Robert F. McDonnell, 2010-2013

Access and use

Location of collection:
Library of Virginia
The Library of Virginia
800 East Broad Street
Richmond, VA 23219
Contact for questions and access:
POC: Archives Reference Services
Phone: (804) 692-3888

Summary

Extent:
15 cu. ft.(15 boxes)
Creator:
Virginia. Secretary of the Commonwealth.
Language:
English

Background

Scope and content:

A typical requisition file contains an application from the Commonwealth's Attorney, a formal request by the Governor for extradition, and the Governor's request of one or more law enforcement officers to retrieve the fugitive. The Commonwealth's Attorney's application usually includes: copies of the indictment or arrest warrant with supporting affidavits and a statement of facts in support of a Governor's Warrant. Some files include a photograph of the subject of the requisition.

A typical rendition file contains a formal request for extradition from another state's governor, correspondence from the Office of the Attorney General to the Office of the Governor concerning the extradition request, and a copy of the notice of extradition sent by the Secretary of the Commonwealth to the wanted individual. The request for extradition usually includes: copies of the indictment or arrest warrant with supporting affidavits and an appointment of agent by the Governor. Some applications may include a photograph of the fugitive. Also included in each files is a Rendition Fact Sheet completed by the Secretary of the Commonwealth. The Rendition Fact Sheet lists date received, jurisdiction, fugitive's name and address, attorney's name and address, date charged as a fugitive, disposition of fugitive warrant, next scheduled court appearance on fugitive warrant, fugitive status (in custody or out on bond), list of pending Virginia charges and disposition and contact information for requestor.

The records from this collection must be reviewed by staff for personal and medical privacy protected information before serving. Both requisitions and renditions may include privacy protected information such as social security and fingerprints, and case, penitentiary, and arrest records.

Biographical / historical:

The Office of the Secretary of the Commonwealth evolved from the yearly Secretary of the Colony. Early Secretaries were elected by the public. An Act of the General Assembly in 1920 changed the election to a joint vote of the General Assembly. In a 1930 Act the duties of the Secretary were redefined with the Secretary of the Commonwealth serving as the ex officio secretary of the Governor, as custodian of many official State records, and as keeper of the Greater and Lesser Seals of the Commonwealth. The office of the Secretary has gradually acquired other functions, such as: service of out-of-state civil process; appointment and regulation of notaries public; and registration and oversight of lobbyists. The Office became a gubernatorial appointment subsequent to a 1958 Act of the Assembly. The Secretary of the Commonwealth is under the jurisdiction of the Governor's Office.

In Virginia, the provisions governing extradition procedures are set forth in Sections 19.2-84 through 19.2-118 of the Code of Virginia. Requisitions and extraditions are handled by the Secretary of the Commonwealth.

Extradition is the legal surrender of an alleged criminal, apprehended in one jurisdiction, to another state, country or other government unit for trial. The accused can be extradited when he or she is charged with any punishable offense in the demanding jurisdiction. Extraditions are both received and requested by the governor. A requisition warrant documents Virginia's request of another state to return a fugitive to Virginia's jurisdiction. A rendition documents another state's request of Virginia to return a fugitive to the requesting state's jurisdiction.

Acquisition information:
Stacy Whitehouse, Office of the Secretary of the Commonwealth, Patrick Henry Building, 1111 East Broad Street, Richmond, VA 23219, transferred 9 January 2014.
Arrangement:

This collection is arranged into the following series:

  • Series I: Renditions
  • Series II: Requisitions

The files are arranged chronologically by year and alphabetically therein.