Bill > HB2738

This bill modifies the existing law governing public defender corporations in West Virginia by expanding the circumstances under which an executive director can create, merge, or dissolve these corporations. Specifically, the bill introduces a new provision that mandates the creation of a second public defender corporation when an existing corporation employs six or more assistant public defenders, including the chief public defender. The executive director is now explicitly authorized to create, merge, or dissolve a public defender corporation to improve legal representation quality and availability, address conflicts of interest, and ensure efficient use of state funds. Before making such changes, the Indigent Defense Commission must provide a report to the Legislature for approval. The newly created public defender corporation will be governed by the same board of directors as the existing corporation in that judicial circuit. These changes aim to provide more flexible and responsive legal representation for indigent defendants by allowing for the division of larger public defender offices and giving the executive director more discretion in managing these organizations.

Justice

http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=2738&year=2025&sessiontype=RS&btype=bill