HB 4405
Expanding the reasons that an executive director may create, merge, or dissolve a public defender corporation
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Sign in to take action- Introduced
- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill amends West Virginia’s code to expand the circumstances under which the Executive Director of the Department of Public Safety can create, merge, or dissolve public defender corporations. Specifically, it mandates that any public defender corporation with six or more assistant public defenders, including the public defender, must be split into two separate, independent corporations governed by the same board of directors. The bill also requires the Indigent Defense Commission to consult with circuit judges before making decisions about these corporations.
Key provisions
- Allows the Executive Director to create, merge, or dissolve public defender corporations.
- Requires splitting public defender corporations with six or more assistant public defenders.
- Newly created corporations must be governed by the same board of directors as the original.
- The Indigent Defense Commission must consult with circuit judges before making decisions.
- The purpose of these corporations is to provide legal representation.
- Corporations can employ full-time and part-time attorneys.
Who is affected
- Public Defender Corporations
- Indigent Defense Commission
- West Virginia Circuit Judges
- Assistant Public Defenders
- Department of Public Safety
Notable changes
- Introduces a requirement to split public defender corporations with a specified number of assistant public defenders.
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