§50-4-3. Appointment of counsel in criminal proceeding.
In any criminal proceeding in a magistrate court in which the
applicable statutes authorize a sentence of confinement the
magistrate shall at the time of the initial appearance advise a
defendant of his right to counsel and his right to have counsel
appointed if such defendant cannot afford to retain counsel. In
the event a defendant requests that counsel be appointed and
executes an affidavit that he is unable to afford counsel, the
magistrate shall stay further proceedings and shall request the
judge of the circuit court, or the chief judge thereof if there is
more than one judge of the circuit court, to appoint counsel. Such
judge shall thereupon appoint counsel. If there is no judge
sitting in the county at the time of the request, then the clerk of
the circuit court shall appoint counsel from a list of attorneys in
accordance with the rules established by such judge of the circuit
court. Counsel shall be paid for his services and expenses in
accordance with the provisions of article twenty-one, chapter
twenty-nine of this code.
Note: WV Code updated with legislation passed through the 2016 Regular Session
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