H. B. 2870
(By Delegates Fleischauer, Hrutkay, Manchin, Doyle,
Hatfield, Marshall, Ellis, Shook, Guthrie and Mahan)
[Introduced February 6, 2007; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §48-26-603 of the Code of West
Virginia, 1931, as amended, relating to authorizing the court
in cases where a prevailing party's attorney waives an
attorney's fee to which he or she would otherwise be entitled
- either by statute or common law - to require a nonprevailing
party to pay, in lieu of the attorney's fee, an amount
equivalent to it, into the Domestic Violence Legal Services
Fund.
Be it enacted by the Legislature of West Virginia:
That §48-26-603 of the Code of West Virginia, 1931, as
amended, be amended and reenacted to read as follows:
ARTICLE 26. DOMESTIC VIOLENCE ACT.
§48-26-603. Domestic Violence Legal Services Fund.
(a) There is hereby established in the State Treasury a
special revenue account, designated as the "Domestic Violence Legal Services Fund," which shall be an appropriated fund for receipt of
grants, gifts, fees, or federal or state funds designated for legal
services for domestic violence victims. Expenditures from the fund
shall be limited to attorneys employed by domestic violence
shelters, or employed by nonprofit agencies which establish a
collaborative relationship with a domestic violence shelter, that
provide civil legal services to victims of domestic violence.
(b) In any case in which a prevailing litigant in any court of
this state is entitled by statute or common law to a reasonable
attorney's fee and the litigant's legal counsel informs the court
that no fee will be requested, the court may order the
nonprevailing party to pay an amount equivalent to the reasonable
attorney's fee into the Domestic Violence Legal Services Fund,
established in subsection (a) of this section.
NOTE: The purpose of this bill is to authorize the court in
cases where a prevailing party's attorney waives an attorney's fee
to which he or she would otherwise be entitled - either by statute
or common law - to require a nonprevailing party to pay, in lieu of
the attorney's fee, an amount equivalent to it, into the Domestic
Violence Legal Services Fund.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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