West Virginia

The state of West Virginia funds all indigent defense services in adult criminal trials. The state administers services in some geographic areas and local courts administer services in other locales. A state agency with an advisory commission is responsible for overseeing services statewide.

The state of West Virginia funds all indigent defense services for adult criminal cases in its appellate courts. The state administers services in some geographic areas and local courts administer services in other locales. A state agency with an advisory commission is responsible for overseeing appellate services statewide.

  • 55 Counties State Funded

  • 32 Counties Primarily State Administered

  • 23 Counties Locally Administered

  • 55 Counties with No Commission, But Statewide Authority

  • 55 Counties State Funded

  • 32 Counties Primarily State Administered

  • 23 Counties Primarily Locally Administered

  • 55 Counties with No Commission, But Statewide Authority

The West Virginia Public Defender Services (PDS) determines how services are delivered in each of the state’s 31 judicial circuits. In 20 circuits, PDS contracts with non-profit public defender corporations to deliver primary services. Each public defender corporation is governed by a local board of directors. The governor appoints the chairman, and the local bar association and county commission appoint the remaining members. In the other 11 circuits, and for conflict or overflow cases statewide, local judges maintain a list of private attorneys to appoint to cases.

An executive director leads PDS and chairs an advisory commission, which assists PDS in overseeing the delivery of indigent defense services statewide. The governor appoints the executive director and the commission’s eight other members. PDS and the commission set standards to provide guidance to indigent defense providers, and PDS approves and processes payments for private attorneys.

The West Virginia Public Defender Services (PDS) determines how services are delivered in each of the state’s 31 judicial circuits. In 20 circuits, PDS contracts with non-profit public defender corporations to deliver primary trials services. The public defender corporations are authorized to file appeals in their cases. In the other 11 circuits and for appeals that cannot be handled by a public defender corporation, local judges maintain a list of private attorneys to appoint. PDS also has an appellate advocacy division, which accepts appointments on a case-by-case basis and limits its representation to matters that raise complex legal issues.

An executive director leads PDS, and chairs an advisory commission, which assists PDS in overseeing the delivery of indigent defense services statewide. The governor appoints the executive director and the commission’s eight other members. PDS and the commission set standards to provide guidance to indigent defense providers, and PDS approves and processes payments for private attorneys.

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Questions Open/Close

Who serves on the commission?

Who serves on the board of a non-profit public defender corporation?

Who selects the public defender for a judicial circuit in which a public defender corporation operates?

Do judges play a role in selecting court-appointed private attorneys?

In which branch of state government does the indigent defense system reside?