The statutory framework for the indigent defense system in West Virginia contemplates the operation of public defender corporations in every judicial circuit in the state. A “panel” of private counsel willing to take court appointments is to be maintained in each circuit for the purpose of taking appointments when the attorneys on staff with the public defender corporations have conflicts of interest or when the caseload for the public defender corporations precludes further appointments.
Currently, however, only nineteen public defender corporations are operating in twenty of the thirty judicial circuits. In the remaining circuits, the courts rely solely upon private counsel to take appointments in criminal proceedings or in child abuse and neglect proceedings.
Currently, 144 attorneys are on staff with the public defender corporations.
The public defender corporation in a judicial circuit is a non-profit corporation created by statute and is independent of any other public defender corporation. The board of directors for a public defender corporation is to be comprised, generally, of the chair, who is appointed by the Governor for a four-year term, two attorneys appointed by the county bar associations within the judicial circuit, and two lay persons appointed by the county commissions within the judicial circuit.
The board selects the “Public Defender” who then employs “associate public defenders” and necessary staff.
The funding for the operation of a public defender corporation is provided by a general legislative appropriation for the operation of public defender corporations which is then distributed to each public defender corporation through a funding contract negotiated with Public Defender Services.
The public defender corporations are required to maintain timekeeping records so that the operations can be compared with private law firms.
The staff of the public defender corporations are not state employees, but, nonetheless, participate in the state’s retirement plan and group health insurance plan because public defender corporations are classified as non-state agencies eligible for participation.
Employment opportunities with the public defender corporations exist for attorneys, paralegals, social workers, and administrative assistants.