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 89-1-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Terms Defined by Statute -- Terms
				defined in W. Va. Code §
									29-21-1,
et seq
., have the same meanings when used in this rule unless
				the context or subject matter clearly requires a different
				construction.
2.2. Terms Defined --
				As used in this rule, these terms have the designated meanings unless the
				context or subject matter clearly requires a different construction:
2.2.1. "Agency" means Public Defender
				Services, an executive agency established by the provisions of W. Va. Code
				§
										29-21-3.
2.2.2. "Attorney's work" means services
				provided by a panel attorney in the course of legal representation and does not
				include administrative or non-legal tasks even if performed by an
				attorney.
2.2.3. "Capital case"
				means a criminal proceeding in which a potential sentence is life
				imprisonment.
2.2.4. "Day," unless
				otherwise identified as a calendar day, means a day other than a Saturday, a
				Sunday, a legal holiday as defined by the provisions of W. Va. Code §
										2-2-1,
				or a day on which the agency is closed by reason of an executive order of the
				Governor.
2.2.5. "Eligible client"
				means a person identified in the provisions of W. Va. Code §
										29-21-2(1).
2.2.6. "Eligible proceeding" means a
				proceeding identified in the provisions of W. Va. Code §
										29-21-2(2).
2.2.7. "Executive director" means the person
				appointed pursuant to the provisions of W. Va. Code §
										29-21-5.
2.2.8. "Governing statute" means the
				provisions of W. Va. Code §§
										29-21-1
et seq
.
2.2.9.
				"In-court" means legal representation in the presence of a judge or other
				judicial officer, but does not include representation (1) before an
				administrative board, a parole board, or a drug-court or other specialty court
				team or (2) in a multidisciplinary team meeting.
2.2.10. "Investigative services" means
				services performed in the course of an investigation to obtain information
				about matters enumerated in the provisions of W. Va. Code §
										30-18-1.
2.2.11. "Legal representation" means the
				provision of legal services or legal assistance as legal counsel or guardian
ad litem
to an eligible client or ward in an eligible
				proceeding.
2.2.12. "Out-of-court"
				means attorney's work or paralegal's work which is not in-court or waiting
				in-court.
2.2.13. "OVS" means the
				Online Voucher System, the agency's online system for the preparation and
				submission of a voucher.
2.2.14.
				"OVS Help Desk" means the technical assistance provided by the agency to panel
				attorneys or service providers that is accessed by the phone number, (304)
				741-8650.
2.2.15. "Panel attorney"
				means an attorney appointed to represent eligible clients in eligible
				proceedings pursuant to the provisions of W. Va. Code §
										29-21-1
et seq
.
2.2.16.
				"Paralegal services" means services provided by a person under the supervision
				of a panel attorney which, if performed by the panel attorney, would constitute
				attorney's work.
2.2.17. "Stand-in
				counsel" means a counsel standing in for a panel attorney and can be another
				panel attorney or an attorney associated with the appointed panel
				attorney.
2.2.18. "Supreme Court"
				means the West Virginia Supreme Court of Appeals.
2.2.19. "Travel" means the traversing of the
				distance between two points to provide legal representation.
2.2.20. "Value billing, block billing, or
				pattern billing" means the attribution of time to an itemized legal service
				that is not based upon the actual time expended by the panel attorney but,
				rather, is based on a predetermined value of a service or is time that would
				have been expended in the original preparation of utilized forms or is time of
				a staff or administrative person other than the panel attorney that is
				represented by the panel attorney to be his or her own time.
2.2.21. "Waiting-in-court" means presence
				within the courtroom or other in-court venue from the designated start time for
				a hearing or other in-court proceeding until actual commencement of the hearing
				or proceeding.
2.2.22. "Website"
				means the agency's website maintained at
www.pds.wv.gov.