Private counsel who take court appointments in criminal proceedings or child abuse and neglect proceedings are often referred to as “public defenders.” Under the governing statutory framework, this is technically incorrect.
A public defender is the person within a judicial circuit who operates a public defender corporation. The attorneys on staff in the public defender corporation are “associate public defenders.”
Instead, the nomenclature for private attorneys who take court appointments is “panel attorneys.” The governing statute contemplates that the circuit courts in each circuit will maintain a “list” of “panel attorneys” who are willing to take court appointments.
The qualification, selection, and appointment of a panel attorney is solely the province of the local court. Public Defender Services is only advised of a panel attorney’s appointment when the invoice for legal services is submitted, typically upon the conclusion of a case. If an attorney is interested in taking court appointments, a circuit court judge or the circuit court administrator should be consulted.
The compensation for a panel attorney is set forth in statute. The submission of invoices to Public Defender Services is governed, generally, by statute and, more specifically, by the agency’s legislative rule.
An attorney who is appointed for the first time must create an account with Public Defender Services and all invoices are to be submitted electronically.
Resources for panel attorneys are available on the agency’s website at pds.wv.gov. The resources include jury instructions, motion banks, an expert bank, and other practice material. The agency’s appellate attorneys are always available for calls, brainstorming sessions, or moot courts.