West Virginia Code § 29-21-8

Public defender corporations; establishment thereof
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(a) (1) In each judicial circuit of the state, there is hereby created a public defender
corporation of the circuit: Provided, That the executive director, with the approval of the
Indigent Defense Commission, may authorize the creation, merger or dissolution of a public
defender corporation in a judicial circuit where the creation, merger or dissolution of such a
public defender corporation would improve the quality of legal representatioen, assure the
prudent and resourceful expenditure of state funds and further the purposes of this article:
Provided, however, That prior to the creation, merger or dissolution of ra public defender
corporation in accordance with this subsection, the commission shall provide a report to the
Legislature pursuant to subsection (g), section three-b of this article for approval of the
creation, merger, or dissolution of any public defender corporation.
(2) The purpose of these public defender corporations is to provide legal representation in
the respective circuits in accordance with the provisions of this article. A public defender
corporation may employ full-time attorneys and employ part-time attorneys in whatever
combination that the public defender corporation deems most cost effective.
(b) If the executive director, with the approval of the Indigent Defense Commission,
determines there is a need to activate, merge or dissolve a corporation in a judicial circuit of
the state, pursuant to subsection (a)g of this section, the Indigent Defense Commission shall
first consult with and give substantial consideration to the recommendation of the judge of a
single-judge circuit or the chieef judge of a multijudge circuit.

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