HOUSE CONCURRENT RESOLUTION NO. 70

(By Delegates Morgan, Martin, Argento, Beach, Cann, Caputo, Eldridge, Hartman, Hatfield, Hutchins, Michael, Palumbo, D. Poling, Staggers, Swartzmiller, Talbott, Williams, Andes, Canterbury, Cowles, C. Miller, Porter, Rowan and Schoen)


[Originating in the Committee on Government Organization;

March 5, 2007.]


Requesting the Joint Committee on Government and Finance to study the necessity for additional public defender corporations for the delivery of indigent defense services.

Whereas, The Legislature has long recognized that providing public defender services is a constitutional mandate for the representation of criminal defendants and for the protection of due process in a just society; and
Whereas, Counties with limited resources to provide public defender services may need additional support in providing these essential services; and
Whereas, While Public Defender Corporations may be created as provided for in current law, there may be a need for enhanced or alternative methods of providing these services; therefore be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the need for additional public defender corporations with respect to the delivery of indigent defense services generally ; and, be it
Further Resolved, That the Public Defender Services, the Prosecuting Attorneys Institute, the Department of Administration, the Supreme Court of Appeals and the Governor's Office, cooperate in the study of the need for additional public defender corporations with respect to the delivery of indigent defense services generally ; and, be it 
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2008, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.