West Virginia Code of State Rules › Agency 89 - Public Defender Services › Title 89 - LEGISLATIVE RULE PUBLIC DEFENDER SERVICES › Series 89-01 - Payment of Fees and Reimbursement of Expenses of Court Appointed Attorneys › Section 89-1-3 - Compensation; conditions; and limitations

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. An
				overriding principle in the governing statute is that, as set forth in the
				provisions of W. Va. Code §
									29-21-13a(d),
				compensation is paid only for the actual time expended. As the Supreme Court
				opined in
Frasher v. Ferguson
, 177 W. Va. 546, 355 S.E.2d 39,
				40 (1987), the governing statute's use of the term "actual" time "clearly
				envisages that court-appointed lawyers will be compensated only for hours
actually
worked and expenses
actually
incurred in rendering services, and that duplicative compensation is
				unauthorized." [Emphasis in original.] Accordingly, compensation can only be
				requested once for the actual period of time the attorney worked,
				notwithstanding that multiple services were provided for one or more
				clients.
3.2. Panel attorneys shall
				be compensated for legal representation. In addition to compensation for the
				panel attorneys' legal representation, compensation may be paid to the panel
				attorney for the services of a paralegal or investigator. However, compensation
				will not be paid to the panel attorney or a paralegal for conferences between
				the panel attorney and a paralegal. The panel attorney's review and revision of
				a paralegal's produced work product will be compensated.
3.3. Compensation for attorney's work
				performed out-of-court will be at the rate of $60 an hour.
3.4. Compensation for attorney's work
				performed in-court or while waiting-in-court will be at the rate of $80 an
				hour.
3.5. Compensation to a panel
				attorney for paralegal's work will be at the rate of $20 an hour.
3.6. Compensation to a panel attorney for
				investigative services will be at the rate of $30 an hour.
3.7. Compensation for paralegal's work or
				investigative services will not be considered compensation for attorney's work
				in calculating the maximum amount of compensation, but compensation for
				paralegal's work or investigative services will be considered expenses of the
				panel attorney in the course of legal representation and will be processed
				accordingly.
3.8. Compensation for
				paralegal's work in-court will not be paid unless the services of a paralegal
				in-court has been approved by an order of the presiding court in advance of the
				services. The maximum amount of compensation for paralegal's work in-court in a
				matter will be $1,000 and the amount of the compensation requested for the
				in-court work will require an order of the court approving the amount to be
				compensated. Forms for this purpose will be available on the website. The order
				approving this compensation must be uploaded with the voucher that is submitted
				to the agency by the panel attorney for compensation in the eligible proceeding
				to which the services related.
3.9.
				Compensation for legal services or legal assistance as guardian
ad
				litem
in a proceeding other than an eligible proceeding will not be
				compensated by the agency. Compensation for these services is governed by the
				provisions of Rules 21.01 through 21.06 and Rules 39.01 through 39.03 of the
				West Virginia Trial Court Rules.
3.10. Compensation will be paid to a panel
				attorney appointed to represent an eligible client for the services of another
				attorney as stand-in counsel. However, compensation will not be paid to the
				appointed panel attorney for conferences with the stand-in counsel, or for
				review of the work product of a stand-in counsel.
3.11. Compensation will not be paid for the
				performance of administrative tasks including, but not limited to, the
				preparation of vouchers for submission to the agency, the opening of a file for
				a newly appointed client for administrative purposes, or the closing of a file
				for a client for administrative purposes. Any work performed by an attorney
				that is not attorney's work will not be compensated and will be considered an
				administrative task. Any work performed by a paralegal that is not paralegal's
				work will not be compensated and will be considered an administrative
				task.
3.12. Any services provided
				by an investigator that are not considered investigative services will be
				compensated as paralegal's work if it so qualifies or, otherwise, will be
				considered an administrative task and will not be compensated.
3.13. In a proceeding other than a capital
				case, the maximum amount of compensation for attorney's work is $3,000 unless
				the court approves payment of additional compensation upon good cause having
				been shown by the panel attorney. In a capital case, no cap exists on the
				compensation for attorney's work. Forms for obtaining the approval of the court
				for additional compensation will be made available on the website. The order
				approving this compensation must be uploaded with the voucher submitted to the
				agency by the panel attorney for compensation in the eligible proceeding to
				which the services related.