West Virginia § 29-21-8 Public defender corporations; establishment thereof

West Virginia Statutes

§ 29-21-8 — Public defender corporations; establishment thereof

West Virginia·Ch. 29 MISCELLANEOUS BOARDS AND OFFICERS·Art. 21 PUBLIC DEFENDER SERVICES

(a)(1) In each judicial circuit of the state, there is hereby created a public defender corporation of the circuit: Provided, That the executive director, with the approval of the Indigent Defense Commission, may authorize the creation, merger or dissolution of a public defender corporation in a judicial circuit where the creation, merger or dissolution of such a public defender corporation would improve the quality of legal representation, assure the prudent and resourceful expenditure of state funds and further the purposes of this article: Provided, however, That prior to the creation, merger or dissolution of a public defender corporation in accordance with this subsection, the commission shall provide a report to the Legislature pursuant to subsection (g), section three-b of this art

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(a) (1) In each judicial circuit of the state, there is hereby created a public defender corporation of the circuit: Provided, That the executive director, with the approval of the Indigent Defense Commission, may authorize the creation, merger or dissolution of a public defender corporation in a judicial circuit where the creation, merger or dissolution of such a public defender corporation would improve the quality of legal representation, assure the prudent and resourceful expenditure of state funds and further the purposes of this article: Provided, however, That prior to the creation, merger or dissolution of a public defender corporation in accordance with this subsection, the commission shall provide a report to the Legislature pursuant to subsection (g), section three-b of this article for approval of the creation, merger, or dissolution of any public defender corporation.

(2) The purpose of these public defender corporations is to provide legal representation in the respective circuits in accordance with the provisions of this article. A public defender corporation may employ full-time attorneys and employ part-time attorneys in whatever combination that the public defender corporation deems most cost effective.

(b) If the executive director, with the approval of the Indigent Defense Commission, determines there is a need to activate, merge or dissolve a corporation in a judicial circuit of the state, pursuant to subsection (a) of this section, the Indigent Defense Commission shall first consult with and give substantial consideration to the recommendation of the judge of a single-judge circuit or the chief judge of a multijudge circuit.

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Legislative History

2017 Reg. Sess., SB521; 2008 Reg. Sess., HB4022; 2007 Reg. Sess., SB152; 2006 Reg. Sess., SB177; 2005 Reg. Sess., SB505; 2004 Reg. Sess., SB704; 2002 Reg. Sess., SB350; 2001 Reg. Sess., SB54; 1996 Reg. Sess., SB94; 1990 Reg. Sess., HB4254; 1989 Reg. Sess., SB231; 1981 Reg. Sess., SB81