Senate Bill No. 298

(By Senators Craigo, Jackson, Ross, Sharpe, Dittmar, Helmick, Schoonover and Anderson)

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[Introduced February 2, 1996; referred to the Committee on the Judiciary; and then to the Committee on Finance .]
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A BILL to amend and reenact section two, article twenty-one, chapter twenty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to definitions of eligible proceeding and legal representation for public defender services.

Be it enacted by the Legislature of West Virginia:
That section two, article twenty-one, chapter twenty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 21. PUBLIC DEFENDER SERVICES.

§29-21-2. Definitions.

As used in this article, the following words and phrases are hereby defined:
(1) "Eligible client": Any person who meets the requirements established by this article to receive publicly funded legal representation in an eligible proceeding as defined herein;
(2) "Eligible proceeding": Criminal charges which may result in incarceration, juvenile proceedings, proceedings to revoke parole or probation if the revocation may result in incarceration, contempt of court, child abuse and neglect proceedings which may result in a termination of parental rights, and child abuse and neglect proceedings which require an appointment of a guardian ad litem for either the children or the adults, mental hygiene commitment proceedings, extradition proceedings, proceedings brought in aid of an eligible proceeding and appeals from or post conviction challenges to the final judgment in an eligible proceeding. Legal representation provided pursuant to the provisions of this article is limited to the court system of the state of West Virginia, but does not include representation in municipal courts unless the accused eligible client is at risk of incarceration;
(3) "Legal representation": The provision of any legal services or legal assistance consistent with the purposes and provisions of this article or service as a guardian ad litem;
(4) "Private practice of law": The provision of legal representation by a public defender or assistant public defender to a client who is not entitled to receive legal representation under the provisions of this article, but does not include, among other activities, teaching;
(5) "Public defender": The staff attorney employed on a
full-time basis by a public defender corporation who, in
addition to providing direct representation to eligible clients, has administrative responsibility for the operation of the public defender corporation. The public defender may be a part-time employee if the board of directors of the public defender corporation finds efficient operation of the corporation does not require a full-time attorney and the executive director approves such part-time employment;
(6) "Assistant public defender": A staff attorney providing
direct representation to eligible clients whose salary and
status as a full-time or part-time employee are fixed by the
board of directors of the public defender corporation;
(7) "Public defender corporation": A corporation created
under section eight of this article for the sole purpose of
providing legal representation to eligible clients; and
(8) "Public defender office": An office operated by a
public defender corporation to provide legal representation
under the provisions of this article.



NOTE: The purpose of this bill is to allow attorneys who are appointed as guardians ad litem in abuse and neglect cases to bill for their services through Public Defender Services as they would in a felony case.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.