CHARLESTON, W.Va. – Gov. Jim Justice signed
Senate Bill 103 on March 27, 2019, which provides the first funding increase in
30 years for state-appointed counsel. The legislation will help ensure that no
person goes unrepresented because of their financial inability to pay.
“Passing this legislation is a huge step in
providing a quality indigent defense system for the state of West Virginia,”
said Public Defender Services Executive Director Dana Eddy. “These
court-appointed counsel provide a service to our citizens that ensure fair
representation for indigent parties in abuse and neglect, mental hygiene, and
juvenile proceedings, among others.”
West Virginia’s Public Defender Services funds
all indigent defense for the state through salaried public defenders and
private counsel appointed by the courts. The rate of compensation for the
latter was set in 1989 at a rate of $45 for out-of-court services and $65 for
in-court services. With more than 600 private counsel statewide and out-of-date
rates, many counsel found themselves unable to cover the costs of their
services.
According to W. Va. Code §29-21-13a(j), the new
rate of out-of-court services will be $60 per hour and the rate of work
performed in court will be $80 per hour. Out-of-court work includes, but is not
limited to, travel, interviews of clients or witnesses, preparation of
pleadings, and prehearing or pretrial research. In-court work includes time
spent awaiting hearing or trial before a judge, magistrate, special master, or
other judicial officer.
More than 28,000 cases and 426,000 hours of
service were reported by court-appointed counsel during Fiscal Year 2018.
Public Defender Services will celebrate its 30th anniversary on
April 8, 2019.
The legislation takes effect on July 1, 2019.