Convicted Hopewell councilor’s replacement will be named by judge, pending forfeiture

HOPEWELL, Va. (WRIC) -- While Hopewell Councilor Dominic Holloway is suspended from the council on account of his felony conviction, a circuit court judge will determine his replacement.

Holloway was suspended by the court on Thursday, July 31, after a jury found him guilty of felony embezzlement of public funds on Tuesday, July 29, and the city petitioned for his suspension the following day.

Hopewell City attorney Anthony Bessette told 8News Holloway appeared in court again on Thursday, where a judge agreed Bessette should be suspended pending his sentencing hearing. However, Bessette said, according to Virginia state law, that suspension already went into effect when Holloway was found guilty.

The judge will be responsible for naming Holloway's replacement during his suspension. City council has been asked to provide a list of recommendations, but the judge does not have to choose from that list.

Holloway's suspension is only in place until he exhausts his appeals to his conviction.

"If his case is appealed to the Virginia Court of Appeals and the court reverses the decision, that suspension would be lifted and he would be back in his position," said legal analyst and criminal defense attorney Russ Stone.

Stone said Holloway will have 30 days from his sentencing, scheduled for September 2, to file an appeal. If he fails to file, his seat will be forfeited. This cannot be reversed. Otherwise, he does not forfeit until all appeals are exhausted.

"I've seen appeals finished in six months, and I've also seen them go two, three years," Stone said. "It depends on the case, it depends what gets filed, what arguments are made."

Bessette said once the seat is forfeited, council then gets to choose the replacement to serve the rest of Holloway's term, which expires at the end of 2026.