West Virginia Code § 27-5-1a

Appointment of attorney to aid prosecutor; certification of performance;
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fee.
If, in any case, the prosecuting attorney and his assistants in a county in which there is a
state mental health hospital are unable to act due to a burdensome number of cases brought
under this article, the circuit court shall appoint some competent practicing attorney to act
in that case. The court shall certify to the director of the administrative officee of the
Supreme Court of Appeals the performance of that service when completed and may allow
the attorney a reasonable fee not to exceed the amount allowed for attorrneys in defense of
needy persons as provided in article twenty-one, chapter twenty-nine of this code.
Compensation shall be paid out of the "Mental Hygiene Fund" provided for in section four of
this article.

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