Separate from the recall proceedings, the court has set a briefing schedule as the defense challenges the newly enacted law.
PURCELLVILLE, Va. (April 27, 2026) — Loudoun County Circuit Court Judge Randy I. Bellows did not immediately rule Monday on an emergency motion seeking to suspend Purcellville Vice Mayor Carl Benjamin “Ben” Nett from office while felony criminal charges against him remain pending. Instead, the court set a briefing schedule and scheduled a hearing for May 7.
The motion was filed by Special Prosecutor Eric L. Olsen and relies on Senate Bill 648, a recently enacted state law signed by Gov. Abigail Spanberger that took effect April 21 under an emergency clause. Prosecutors argue the statute requires the court to suspend certain local officials facing felony charges.
The legislation applies to towns in Planning District 8 with populations between 8,000 and 10,000 and directs a circuit court to issue a suspension order in felony proceedings involving a town officer. The law also permits the court to dissolve the suspension if the case ends in acquittal, dismissal, or nolle prosequi, and allows for the appointment of someone to serve in the official’s place during the suspension.
During Monday’s proceedings, defense counsel challenged the constitutionality of the law, arguing it may constitute a bill of attainder, which is prohibited under the Constitution. A bill of attainder is legislation that targets and punishes a specific individual without a judicial trial.
The defense argued the statute’s narrow language — applying only to elected officials or officers in Planning District 8 towns with populations between 8,000 and 10,000 — suggests it was crafted to specifically target Nett.
The requesting party sought two weeks to prepare arguments before a hearing, but Judge Bellows granted one week. Under the court’s schedule, the defense must file its written arguments by next Monday at noon. Special Prosecutor Eric L. Olsen will have until next Wednesday to submit a response. A hearing on the motion is set for May 7.
Nett also remains the subject of a separate civil recall trial in Loudoun County Circuit Court. The seven-member jury resumed deliberations Monday morning after closing arguments concluded April 24. No verdict had been announced at the time of this publication.
Nett has also been indicted on multiple felony charges, with criminal trials scheduled later this year. Those charges have not been adjudicated, and Nett is presumed innocent unless and until proven guilty.
Purcellville News will continue to report on developments in both the recall and criminal proceedings.
