WVC 29 - 21 - 8
§29-21-8. Public defender corporations; establishment thereof.
(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,
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 multi-judge circuit.