This bill amends and reenacts section 29-21-8 of the Code of West Virginia, 1931, to expand the authority of the executive director regarding public defender corporations. It introduces a proviso that allows the executive director, with the approval of the Indigent Defense Commission, to create, merge, or dissolve public defender corporations in a manner that improves the quality and availability of legal representation, addresses conflicts of interest, ensures prudent expenditure of state funds, and furthers the purposes of the article. Additionally, the bill mandates that if a public defender corporation employs six or more assistant public defenders, it must be split into two separate and independent corporations governed by the same board of directors.
The bill also requires that prior to any creation, merger, or dissolution of a public defender corporation, the Indigent Defense Commission must provide a report to the Legislature for approval. This legislative oversight aims to ensure that changes to public defender services are made with careful consideration and transparency. Overall, the bill seeks to enhance the structure and effectiveness of public defender services in West Virginia by establishing clearer guidelines for the management and organization of public defender corporations.