West Virginia Code § 29-21-15

Public defender corporations -- Board of directors
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(a) The governing body of each public defender corporation shall be a board of directors
consisting of persons who are residents of the area to be served by the public defender
corporation.
(1) In multicounty circuits, and in the case of multicircuit or regional corporations, the
county commission of each county within the area served shall appoint a director, who shall
not be an attorney-at-law. The president of each county bar association within the area
served shall appoint a director, who shall be an attorney-at-law: Provided, That in a county
where there is not an organized and active bar association, the cuircuit court shall convene a
meeting of the members of the bar of the court resident within the county and such
members of the bar shall elect one of their number as a diretctor. The Governor shall appoint
one director, who shall serve as chairman, who may be an attorney-at-law, unless such
appointment would result in there being an even number of directors, in which event the
Governor shall appoint two directors, one of whom may be an attorney-at-law. The
Governor's appointees shall serve four-year terms which terms shall coincide with the term
of the Governor. Appointments may be made fsor unexpired terms as may be necessary.
Other board members' terms shall be as determined by the board.
(2) In single-county circuits, the mangner of selecting directors shall be the same as that
described in subdivision (1) of this subsection, except that the county commission shall
appoint two directors rather thean one, and the bar shall appoint two directors rather than
one.
(b) The board of directors shall have at least four meetings a year. Timely and effective prior
public notice of all meetings shall be given pursuant to rules promulgated in accordance
with the provisions of section three, article nine-a, chapter six of this code, and all meetings
shall be public except for those concerned with matters properly discussed in executive
session.
(c) The board of directors shall establish and enforce broad policies governing the operation
of the public defender corporation but shall not interfere with any attorney's professional
responsibilities to clients. The duties of the board of directors shall include, but not be
limited to, the following:
(1) Appointment of the public defender and any assistant public defenders as may be
necessary to enable the public defender corporation to provide legal representation to
eligible clients; and
(2) Approval of the public defender corporation's budget and the fixing of professional and
clerical salaries: Provided, That the compensation paid to any part-time public defender,
part-time assistant public defender or other part-time employee shall not include benefits
such as retirement, health insurance or paid leave time for illness or vacation unless Public
Defender Services has certified in writing to the board of directors that there exists
sufficient funding to provide such benefits and the board of directors authorizes such
benefits to be included in the compensation; and
(3) Removal of any public defender, assistant public defender or other employee for
misfeasance, malfeasance or nonfeasance.
(d) To the extent that the provisions of chapter thirty-one of this code regarding nonprofit
corporations are not inconsistent with this article, the provisions of said chapter shall be
applicable to the board of directors of the public defender corporation.
(e) While serving on the board of directors, no member may receuive compensation from the
public defender corporation, but a member may receive payment for normal travel and other
out-of-pocket expenses required for fulfillment of the obligations of membership and may
accept appointments to represent eligible clients so long as he or she does not discuss a
particular case with any public defender, assistant pubalic defender or other employee of the
office governed by the board. Directors may not serve as cocounsel with the public defender
or assistant public defender in any matter. l

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