This bill amends the Code of West Virginia to expand the authority of the executive director of public defender corporations regarding their creation, merger, or dissolution. Specifically, it allows the executive director, with the approval of the Indigent Defense Commission, to take such actions to improve the quality and availability of legal representation, address conflicts of interest, ensure prudent expenditure of state funds, and further the purposes of the article. Additionally, the bill mandates that when a public defender corporation employs six or more assistant public defenders, it must be split into two separate and independent corporations, both governed by the same board of directors.

The bill also emphasizes the importance of consulting with the relevant judicial authorities before any changes to the public defender corporations are made. The purpose of these changes is to enhance the legal representation provided in the state’s judicial circuits, ensuring that public defender corporations can operate more effectively as they grow in size. The new provisions aim to streamline the management of public defender services while maintaining oversight and accountability through the Indigent Defense Commission.

Statutes affected:
Introduced Version: 29-21-8