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WV Code § 29-20-4 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 20. Women's Commission|§29-20-4. Power of Commission to Accept Funds

The commission, or the Department of Health and Human Resources on behalf of the commission, may accept gifts, grants and bequests of funds from individuals, foundations, corporations, the federal government, governmental agencies and other organizations or institutions; make and sign any agreements and do and perform any acts that may be necessary to carry out the purposes of this article.
WV Code § 29-20-5 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 20. Women's Commission|§29-20-5. Rules and Regulations

The commission shall adopt rules and regulations concerning the operation of the commission, the functions and responsibilities of its officers and employees and such other matters as may be necessary to carry out the purpose of this article, subject to the applicable provisions of chapter twenty- nine-a of this code.
WV Code § 29-20-6 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 20. Women's Commission|§29-20-6. Annual Report

The commission shall, with the approval of the secretary of the Department of Health and Human Resources or his or her designee, submit an annual report to the Legislature and the Governor, including recommendations based on its studies.
WV Code § 29-21-1 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 21. Public Defender Services|§29-21-1. Legislative Findings; Purpose

The Legislature finds and declares that in certain proceedings the state is required to provide high quality legal assistance to indigent persons who would be otherwise unable to afford adequate legal counsel; that providing legal representation to those who face an economic barrier to adequate legal counsel will serve the ends of justice in accordance with rights and privileges guaranteed to all citizens by the Constitution of the United States of America and the Constitution of the State of West Virginia; that the availability of quality legal assistance reaffirms the faith of our citizens in our government of laws; that the present system which utilizes appointed counsel is not operating satisfactorily in some areas of this state and the Legislature is presently unable to determine what system or systems will provide the most efficient means for providing legal representation; that there is a need to explore alternative methods of delivering legal assistance, including the use of salaried public defenders complemented by private panel attorneys; that innovative programs and pilot projects as well as a continuation of the present appointed counsel system are necessary in separate areas of the state to provide information and experience upon which to base future legislative action.
WV Code § 29-21-2 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 21. Public Defender Services|§29-21-2. Definitions

As used in this article, the following words and phrases are hereby defined:(1) "Eligible client": Any person who meets the requirements established by this article to receive publicly funded legal representation in an eligible proceeding as defined herein;(2) "Eligible proceeding": Criminal charges which may result in incarceration; juvenile proceedings; proceedings to revoke parole or probation if the revocation may result in incarceration; contempt of court; child abuse and neglect proceedings which may result in a termination of parental rights; mental hygiene commitment proceedings; extradition proceedings; proceedings which are ancillary to an eligible proceeding, including, but not limited to, proceedings to enhance sentences brought pursuant to sections eighteen and nineteen, article eleven, chapter sixty-one of this code, forfeiture proceedings brought pursuant to article seven, chapter sixty-a of this code, and proceedings brought to obtain extraordinary remedies; and appeals from or post-conviction challenges to the final judgment in an eligible proceeding. Legal representation provided pursuant to the provisions of this article is limited to the court system of the State of West Virginia, but does not include representation in municipal courts unless the accused is at risk of incarceration;(3) "Legal representation": The provision of any legal services or legal assistance as counsel or guardian ad litem consistent with the purposes and provisions of this article;(4) "Private practice of law": The provision of legal representation by a public defender or assistant public defender to a client who is not entitled to receive legal representation under the provisions of this article, but does not include, among other activities, teaching;(5) "Public defender": The staff attorney employed on a full-time basis by a public defender corporation who, in addition to providing direct representation to eligible clients, has administrative responsibility for the operation of the public defender corporation. The public defender may be a part-time employee if the board of directors of the public defender corporation finds efficient operation of the corporation does not require a full-time attorney and the executive director approves such part-time employment;(6) "Assistant public defender": A staff attorney providing direct representation to eligible clients whose salary and status as a full-time or part-time employee are fixed by the board of directors of the public defender corporation;(7) "Public defender corporation": A corporation created under section eight of this article for the sole purpose of providing legal representation to eligible clients; and(8) "Public defender office": An office operated by a public defender corporation to provide legal representation under the provisions of this article.
WV Code § 29-21-3 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 21. Public Defender Services|§29-21-3. Establishment of Public Defender Services

There is hereby created an executive agency known as Public Defender Services. The agency shall administer, coordinate and evaluate programs by which the state provides legal representation to indigent persons, monitor the progress of various delivery systems and recommend improvements. The agency shall maintain its office at the state Capitol.
WV Code § 29-21-4 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 21. Public Defender Services|§29-21-4. Purpose and Duties of Public Defender Services

The agency shall have as its principal purpose the development and improvement of programs by which the state provides legal representation to indigent persons.
WV Code § 29-21-5 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 21. Public Defender Services|§29-21-5. Executive Director

(a) The Governor shall appoint, by and with the advice and consent of the Senate, the executive director of Public Defender Services, who shall serve at the will and pleasure of the Governor. The executive director shall be a qualified administrator as determined by the Governor, and shall be a member of the bar of the Supreme Court of Appeals. In addition to the executive director there shall be such other employees as the executive director determines to be necessary. The executive director shall have the authority to promulgate rules, and shall have such other authority and perform such duties as may be required or necessary to effectuate this article. The executive director shall provide supervision and direction to the other agency employees in the performance of their duties.(b) The executive director's annual salary shall be as determined by the Legislature.
WV Code § 29-21-7 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 21. Public Defender Services|§29-21-7. Criminal Law Research Center Established; Functions

(a) Within the agency, there shall be a division known as the criminal law research center which may:(1) Undertake research, studies and analyses and act as a central repository, clearinghouse and disseminator of research materials;(2) Prepare and distribute a criminal law manual and other materials and establish and implement standard and specialized training programs for attorneys practicing criminal law;(3) Provide and coordinate continuing legal education programs and services for attorneys practicing criminal law; and(4) Prepare, supplement and disseminate indices and digests of decisions of the West Virginia Supreme Court of Appeals and other courts, statutes and other legal authorities relating to criminal law.(b) The services of the criminal law research center shall be offered at reasonable rates or by subscription to prosecuting attorneys and their professional staffs, panel attorneys, and private attorneys engaged in the practice of criminal law. The services may be provided to public defender corporations, public defenders and assistant public defenders at reduced rates.
WV Code § 29-21-8 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 21. Public Defender Services|§29-21-8. Public Defender Corporations; Establishment Thereof

(a) (1) In each judicial circuit of the state, there is hereby created a public defender corporation of the circuit: Provided, That the executive director, with the approval of the Indigent Defense Commission, may authorize the creation, merger or dissolution of a public defender corporation in a judicial circuit where the creation, merger or dissolution of such a public defender corporation would improve the quality of legal representation, assure the prudent and resourceful expenditure of state funds and further the purposes of this article: Provided, however, That prior to the creation, merger or dissolution of a public defender corporation in accordance with this subsection, the commission shall provide a report to the Legislature pursuant to subsection (g), section three-b of this article for approval of the creation, merger, or dissolution of any public defender corporation.(2) The purpose of these public defender corporations is to provide legal representation in the respective circuits in accordance with the provisions of this article. A public defender corporation may employ full-time attorneys and employ part-time attorneys in whatever combination that the public defender corporation deems most cost effective.(b) If the executive director, with the approval of the Indigent Defense Commission, determines there is a need to activate, merge or dissolve a corporation in a judicial circuit of the state, pursuant to subsection (a) of this section, the Indigent Defense Commission shall first consult with and give substantial consideration to the recommendation of the judge of a single-judge circuit or the chief judge of a multijudge circuit.
WV Code § 29-21-9 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 21. Public Defender Services|§29-21-9. Panel Attorneys

(a) In each circuit of the state, the circuit court shall establish and maintain regional and local panels of private attorneys-at-law who are available to serve as counsel for eligible clients. An attorney-at-law may become a panel attorney and be enrolled on the regional or local panel, or both, to serve as counsel for eligible clients by informing the court. An agreement to accept cases generally or certain types of cases particularly may not prevent a panel attorney from declining an appointment in a specific case.(b) In all cases where an attorney-at-law is required to be appointed for an eligible client, the appointment shall be made by the circuit judge: Provided, That in family court contempt cases, the family court judge shall appoint an attorney-at-law when required, in the following order of preference:(1) In circuits where a public defender office is in operation, the judge shall appoint the public defender office unless an appointment is not appropriate due to a conflict of interest or unless the public defender corporation board of directors or the public defender, with the approval of the board, has notified the court that the existing caseload cannot be increased without jeopardizing the ability of defenders to provide effective representation;(2) If the public defender office is not available for appointment, the court shall appoint one or more panel attorneys from the local panel;(3) If there is no local panel attorney available, the judge shall appoint one or more panel attorneys from the regional panel;(4) If there is no regional panel attorney available, the judge may appoint a public defender office from an adjoining circuit if such public defender office agrees to the appointment;(5) If the adjoining public defender office does not accept the appointment, the judge may appoint a panel attorney from an adjoining circuit; or(6) If a panel attorney from an adjoining circuit is unavailable, the judge may appoint a panel attorney from any circuit.(c) In any given case, the appointing judge may alter the order in which attorneys are appointed if the case requires particular knowledge or experience on the part of the attorney to be appointed: Provided, That any time a court, in appointing counsel pursuant to the provisions of this section, alters the order of appointment as set forth herein, the order of appointment shall contain the court's reasons for doing so.
WV Code § 29-21-13 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 21. Public Defender Services|§29-21-13. Approval of Public Defender Corporation Funding Applications; Funding; Recordkeeping by Public Defender Corporations

(a) On or before May 1 of each year, each active public defender corporation shall submit to the executive director and the commission a funding application and a proposed budget for the ensuing fiscal year. The accounting and auditing division shall review all funding applications and prepare recommendations for an operating plan and annual budget for each public defender corporation. The executive director shall review the funding applications and the accounting and auditing recommendations and shall, in consultation with the board of directors of each public defender corporation, prepare a plan for providing legal services, execute a funding contract for the fiscal year and commit funds for that purpose.(b) Upon final approval of a funding application by the executive director, the approved budget shall be set forth in an approval notice. The total cost to the agency shall not exceed the amount set forth in the approval notice and the agency shall not be obligated to reimburse the recipient for costs incurred in excess of the amount unless and until a program modification has been approved in accordance with the provisions of this article. At the discretion of the executive director, when caseloads increase or unusual expenses occur, funding contracts may be amended during a fiscal year if necessary to provide cost effective representation.(c) Funding of public defender corporations or other programs or entities providing legal representation under the provisions of this article shall be by annual grants disbursed in such periodic allotments as the executive director shall deem appropriate.(d) All recipients of funding under this article shall maintain such records as required by the executive director.
WV Code § 29-21-14 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 21. Public Defender Services|§29-21-14. Limitation on Use of Funds; Exceptions

(a) Funds made available by the agency to public defender corporations or other entities under this article, either by loan, grant or contract, and funds used for payments to panel attorneys shall be used only to provide legal representation for eligible clients involved in proceedings defined by this article as eligible proceedings.(b) Funds received from any source other than the agency shall not be used by a public defender corporation for purposes prohibited by this article.
WV Code § 29-21-17 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 21. Public Defender Services|§29-21-17. Private Practice of Law by Public Defenders

(a) No full-time public defender or full-time assistant public defender may engage in any private practice of law except as provided in this section.(b) A board of directors may permit a newly employed full-time public defender or full-time assistant public defender to engage in the private practice of law for compensation for the sole purpose of expeditiously closing and withdrawing from existing private cases from a prior private practice. In no event shall any person employed for more than ninety days as a full-time public defender or full-time assistant public defender be engaged in any other private practice of law for compensation: Provided, That until January 1, 1993, the prohibition against the private practice of law does not apply to full-time public defenders employed in Class II, III or IV counties as defined by article seven, chapter seven of this code.(c) A board of directors may permit a full-time public defender or full-time assistant public defender to engage in private practice for compensation if the defender is acting pursuant to an appointment made under a court rule or practice of equal applicability to all attorneys in the jurisdiction and if the defender remits to the public defender corporation all compensation received.(d) A board of directors may permit a full-time public defender or full-time assistant public defender to engage in uncompensated private practice of law if the public defender or assistant public defender is acting:(1) Pursuant to an appointment made under a court rule or practice of equal applicability to all attorneys in the jurisdiction; or(2) On behalf of a close friend or family member; or(3) On behalf of a religious, community or charitable group.(e) Violation of the requirements of this section is sufficient grounds for immediate summary dismissal regardless of the conditions of employment established by a corporation's board of directors.
WV Code § 29-21-18 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 21. Public Defender Services|§29-21-18. Records and Reports

(a) The agency is authorized to require such reports as it deems necessary from any public defender corporation or other entity or person receiving funding under this article regarding activities carried out pursuant to this article.(b) The agency is authorized to prescribe the keeping of records with respect to the activities of public defender corporations and other grantees, contractors, persons or entities receiving financial assistance under this article and shall have access to such records at all reasonable times for the purpose of ensuring compliance with the terms and conditions upon which financial assistance was provided.(c) Copies of all reports pertinent to the evaluation, inspection, or monitoring of any public defender corporation, other grantee, contractor, person or entity receiving financial assistance under this article shall be maintained by the agency for a period of at least five years subsequent to such evaluation, inspection, or monitoring. Such reports shall be available for public inspection during regular business hours, and copies shall be furnished, upon request, to interested parties upon payment of such reasonable fees as the agency may establish.
WV Code § 29-21-19 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 21. Public Defender Services|§29-21-19. Audits

(a) The accounts of each public defender corporation shall be audited annually as soon as possible after the end of each state fiscal year. Such audits shall be conducted in accordance with generally accepted auditing standards by the State Tax Commissioner.(b) The audits shall be conducted at the place or places where the accounts of the public defender corporation are normally kept. All books, accounts, financial records, reports, files, and other papers or property belonging to or in use by the public defender corporation and necessary to facilitate the audits shall be made available to the person or persons conducting the audits; and full facilities for verifying transactions with the balances and securities held by depositories, fiscal agents, and custodians shall be afforded to any such person.(c) The report of the annual audit shall be filed with the agency and shall be available for public inspection during business hours at the principal office of the public defender corporation. The report of each such audit shall be maintained for a period of at least five years at the office of the agency.
WV Code § 29-21-20 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 21. Public Defender Services|§29-21-20. Appointed Counsel Immune From Liability

Any attorney who provides legal representation under the provisions of this article under appointment by a circuit court, family court or by the Supreme Court of Appeals, and whose only compensation therefor is paid under the provisions of this article, shall be immune from liability arising from that representation in the same manner and to the same extent that prosecuting attorneys are immune from liability.
WV Code § 29-21-21 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 21. Public Defender Services|§29-21-21. Forgiveness of Loans; Reversion of Public Defender Corporation Assets

All equipment, operational or supplemental loans heretofore made under the former provisions of article twenty-one are forgiven and declared null and void and shall not be an obligation of a public defender corporation formerly established under the previous provisions of article twenty-one, nor an obligation of any successor organization or of the members of any board of directors of any public defender corporation.
WV Code § 29-22-1 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 22. State Lottery Act|§29-22-1. Short Title

This article shall be known and may be cited as the "State Lottery Act."
WV Code § 29-22-2 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 22. State Lottery Act|§29-22-2. Legislative Findings and Intent

The Legislature finds and declares that the purpose of this article is to establish and implement a state-operated lottery under the supervision of the state Lottery Commission and the director of the state lottery office who shall be appointed by the Governor and hold broad authority to administer the system in a manner which will provide the state with a highly efficient operation.
WV Code § 29-22-3 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 22. State Lottery Act|§29-22-3. Definitions

(a) "State Lottery Commission" or "commission" means the state Lottery Commission created by this article.(b) "Director" means the individual appointed by the Governor to provide management and administration necessary to direct the state lottery office.(c) "Lottery" means the public gaming systems or games established and operated by the state lottery office.(d) "Lottery tickets" or "tickets" means tickets or other tangible evidence of participation used in lottery games or gaming systems.