FISCAL NOTE



FUND(S):



Sources of Revenue:

General Fund

Legislation creates:

A New Program



Fiscal Note Summary


Effect this measure will have on costs and revenues of state government.


This bill creates a funding source for the West Virginia Supreme Court of Appeals Public Campaign Financing Pilot Program. This bill increases the bar dues for all active and inactive attorneys. Further, the bill would increases filing fees in several court cases. The figures we can provide are based upon the 2009 court statistics. Please note that it is impossible to address the "fair administrative of justice fee" proposed in WVC 3-12-6(14) because the court does not keep statistics on cases filed or otherwise certified under WVRCivP23. There is no way to estimate how many class actions will settle or come to judgment in any given year, or how many class members any applicable action may comprise. Also, the time of settlement approval may be followed by years of resolution of any appeals of the terms of judgment. Note that while West Virginia trial Court Rule 16.10 allows for mass litigation under consideration by the mass ligiation panel to be transferred from the panel back to Circuit Court if the litigation gets cerfiied as a class under WVRCivP23 -- none of the mass litigation presently under the panel's administration have been so certified. The State Bar indicates that they do not have the database necessary to implement these fees and that such implementation would require a new system According to the Surpeme Court's Division of Technology, such system upgrade will cost $250,000. We can not estimate at this point how much this would cost. Also, the bill requries $65.00 per inactive member be collected. Most inactive members do not pay dues at all.



Fiscal Note Detail


Effect of Proposal Fiscal Year
2011
Increase/Decrease
(use"-")
2012
Increase/Decrease
(use"-")
Fiscal Year
(Upon Full
Implementation)
1. Estmated Total Cost 250,000 0 0
Personal Services 0 0 0
Current Expenses 0 0 0
Repairs and Alterations 0 0 0
Assets 0 0 0
Other 0 0 0
2. Estimated Total Revenues 883,130 883,130 883,130


Explanation of above estimates (including long-range effect):


Please see Explanation #2.



Memorandum






    Person submitting Fiscal Note: Tina A. Sevy
    Email Address: tina.sevy@courtswv.gov