West Virginia Code of State Rules Agency 89 - Public Defender Services
West Virginia Code of State Rules – Agency 89: Public Defender Services
contains the administrative rules governing the operations of West Virginia Public Defender Services (WVPDS), the state agency responsible for managing and funding legal representation for indigent defendants.
🔹 Overview of Agency 89: Public Defender Services
WVPDS oversees:
Reimbursement of court-appointed private attorneys
Regulation of public defender corporations
Ensuring quality and cost-effective legal defense services for indigent individuals in criminal, juvenile, and abuse/neglect cases
These rules are based on authority granted under WV Code §29-21, the Public Defender Services Act.
📘 Common Rule Series Under Agency 89
| Rule Series | Subject |
|---|---|
| 89-1 | General Rules and Definitions – Definitions and administrative structure of WVPDS |
| 89-2 | Court-Appointed Attorney Fee Schedules – Maximum fees and procedures for reimbursement |
| 89-3 | Standards for Public Defender Corporations – Qualifications, caseloads, and governance rules |
| 89-4 | Claims and Payment Procedures – How private attorneys submit payment claims for indigent representation |
| 89-5 | Audits and Financial Oversight – Fiscal accountability and auditing standards for public defender corporations |
| 89-6 | Eligibility Determination – Standards for determining whether a defendant qualifies as indigent |
| 89-7 | Conflict Counsel and Special Appointments – When and how outside counsel may be appointed |
| 89-8 | Reporting and Data Collection – Data submission requirements from defender offices and private counsel |
🏛️ Legal Authority
Statutory Authority: WV Code §29-21
Administered by: West Virginia Public Defender Services
Ensures constitutional right to legal counsel under Gideon v. Wainwright is met statewide
📌 Key Provisions
Fee Caps (89-2): Rules establish maximum hourly rates and total case reimbursements (e.g., for felonies, misdemeanors, juvenile cases).
Indigency Standards (89-6): Includes income and asset guidelines for determining eligibility for court-appointed counsel.
Public Defender Corporations (89-3): Must meet governance, staffing, and service-area requirements to receive state funding.
Payment Processing (89-4): Describes the format, documentation, and timelines for private attorney reimbursements.
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