FREQUENTLY ASKED QUESTIONS

FOR BILLING INQUIRIES, PLEASE SEE THE VOUCHER INSTRUCTIONS.

• Q. How is eligibility of appointed counsel determined?
  • A. Public Defender Services does not determine a client's eligibility to be represented. This determination rests solely within the discretion of the Circuit Court. The proceeding itself must be an authorized matter and the potential client must be deemed eligible.
  • The potential client completes a financial affidavit which is forwarded to the Court. The Circuit Court determines eligibility based on the following statutory guidelines:
  • (1) Eligible Proceedings
  • W.Va. Code 29-21-2 defines "eligible proceedings" as "criminal charges which may result in incarceration; juvenile proceedings; proceedings to revoke parole or probation if the revocation may result in incarceration; contempt of court; child abuse and neglect; which may result in a termination of parental rights; mental hygiene commitment proceedings; extradition proceedings; proceedings which are ancillary to an eligible proceeding, including, but not limited to, proceedings to enhance sentences ....., forfeiture proceedings.....and appeals from or post-conviction challenges to the final judgment in an eligible proceeding."
  • (2) Eligible Clients
  • W.Va. Code 29-21-16(e) sets forth the following factors which the Court must consider:
  • (1) Current income prospects, taking into account seasonal variations in income;
  • (2) Liquid assets, assets which may provide collateral to obtain funds to employ private counsel and other assets which may be liquidated to provide funds to employ private counsel;
  • (3) Fixed debts and obligations, including federal, state, and local taxes and medical expenses;
  • (4) Child care, transportation, and other expenses necessary for employment;
  • (5) Age or physical infirmity of resident family members;
  • (6) Whether the person seeking publicly funded legal representation has made reasonable and diligent efforts to obtain private legal representation and the results of those efforts;
  • (7) The cost of obtaining private legal representation with respect to the particular matter in which assistance is sought;
  • (8) Whether the person seeking publicly funded legal representation has posted a cash bond for bail or has obtained release on bond for bail through the services of a professional bondsman for compensation and the amount and source of the money provided for such bond; (and)
  • (9) The consequences for the individual if legal assistance is denied.
  • For juvenile clients, the Court may disregard the parent or guardian's assets if the interests of the child are inimical to those of the parent. W.Va. Code 29-21-16(c).
  • Even with these factors to consider, however, the Circuit Court is ultimately the only arbiter of whether counsel is appointed.
  • Eligibility Affidavit Form and Income Guidelines. These two documents are in Portable Document Format (PDF) and must be viewed by the Adobe Acrobat® Reader. If you do not have the Adobe Acrobat® Reader click here to download the free Adobe Acrobat® Reader. After installing the Adobe Acrobat® Reader, you can view these two documents.
  Top of page

  • Q. What are the limitations on billing?
    • A. The limitations to keep in mind while completing the voucher forms are listed below:
      • Fee Limit is $3,000.
      • Expense Limit is $1500.
      • NOTE: Both limits can be exceeded if the presiding judge determines good cause has been shown.
      • In-house copies are reimbursed at $.10 per page.
      • Faxes are reimbursable at $.10 per page.
      • Investigators are reimbursable at $30.00 an hour.
      • Paralegals are reimbursed at an hourly rate of up to $20.00.
      • Vouchers submitted on or after four years from the last date of service are not payable.
      • Travel expenses are reimbursable using the Travel Management Guidelines.
      • Click here to go to the Travel Management Regulations web site.
      • For the mileage reimbursement rates only click here.
      Top of page

  • Q. How long will it be before I receive payment?
    • A. Several factors determine how long it takes to process the vouchers, so it is not easy to give a specific time when payment will be received. The factors are:
      
      • Funds availability.
      • End of Calendar Year. IRS form 1099 statements stops processing the last two weeks of December.
      • End of Fiscal Year. Closing out the Fiscal Year stops processing the last two weeks of June.
      Top of page

  • Q. How do I obtain and receive payment for services of an expert witness and investigator services?
    • A. PDS encourages appointed counsel to receive permission from the presiding Judge for approval of expenses for an expert witness, investigator, and other extraneous expenses prior to contracting for services.  The presiding Judge may set limits on what services will be approved. 
      
      If the expense is over $200, appointed counsel may complete a direct expense voucher (this is completed for payment to be made directly to the service provider).  Reimbursement for mileage, copies, etc, is available to direct expense providers.

      Top of page

  • Q. What are the limitations on billing for paralegal services?
    • A. PDS will reimburse paralegal services at the rate of up to $20.00 per hour.   The reimbursement amount should be for the actual invoiced amount paid. In order to be reimbursed for paralegal time, you must obtain a fully itemized invoice on letterhead.  This invoice should provide specific dates of service, a brief description of services rendered, amount of time claiming (per date and also total amount of time being claimed per invoice), rate per hour, and total amount of invoice.  Please note that PDS only reimburses for out-of-court time for a paralegal.  

      Top of page

  • Q. What is an interim voucher?
    • A.
    An interim voucher can be submitted six months from the date of appointment.  If there has been a six-month interim voucher submitted, the second voucher submitted MUST be the final voucher (i.e., no more than two payments can be made).

    Top of page

  • Q. What constitutes a supplemental voucher?
    • A. To determine whether a voucher is a supplemental voucher, refer to the options listed below.
      YES, if any of the following circumstances apply: 
      1. The voucher is for work on a continuation of a previous proceeding where no disposition was made.
      2. The voucher is for fees and/or expenses erroneously omitted from a previous voucher.
      
      NO, if the voucher is for:
      1. the first voucher submitted.
      2. work resulting in a disposition such as home confinement, work release, or placement on open docket.
      3. work on a child abuse and neglect or juvenile proceeding resulting in an improvement period, temporary placement, etc.
      4. an appeal.
      5. a writ of habeas corpus.
      6. a new trial.
      7. a reinstatement of criminal charges.
      8.  proceedings to correct or reduce a sentence, pursuant to Rule 35, Rules of Criminal Procedure.
      9. a retrial as a result of a hung jury or mistrial.
      10. a writ of mandamus or prohibition.
      11. a mental hygiene proceeding with the following circumstances:
      • A temporary observation period was ordered and subsequent hearings are to be held to determine a final disposition of the case;
      • One year has passed from the date of a temporary order without further proceedings;
      • Indeterminate commitment to a mental health facility or orders a less restrictive disposition has been order;
      12. enhancement of sentence.  These claims should be submitted on a separate voucher with the type of proceeding clearly identified.
      13. a transfer to adult jurisdiction.  Subsequent proceedings in circuit court constitutes a separate case.

      Top of page

  • Q. How many certified copies of the order/voucher does PDS need for processing?
    • A. PDS requires two complete, certified copies.  One copy is for the WV State Auditor’s Office and one copy is for WVPDS records.

      Top of page

  • Q. Does PDS reimburse for interpreters (Non-English or Hearing Impaired)?
    • A. PDS only reimburses out of court time for an interpreter.  NO in court time will be reimbursed.  In court time should be paid by the Supreme Court.  Please contact the Administrative office of the Supreme Court at 558-0145 for information regarding payment for in court services.  See WV Code Section 57-5-7.

      Top of page

  • Q. Who pays for defendant's clothing for court?
    • A. The custodian of the defendant is responsible for clothing expense.  If the defendant is not in custody, this expense is solely on the defendant.

      Top of page

  • Q. Does PDS reimburse for meals?
    • A. Meals can only be reimbursed for overnight stays.  The limit for reimbursement can be found under the Governor’s Travel Rules and Regulations authorized by the Travel Management Office (TMO).  See http://www.gsa.gov/portal/content/104877.

      Top of page

  • Q. Does PDS reimburse for DMV administrative hearings?
    • A. No.  The right to counsel does not attach to DMV hearings. 

      Top of page

  • Q. Does PDS pay for the appointment of a law firm?
    • A. PDS reimburses each individual attorney.  If two attorneys from a law firm are appointed, each attorney must submit individual vouchers for his or her own time and expenses.  Please do not bill duplicate expenses.

      Top of page

  • Q. How do I claim reimbursement for a “stand-in” attorney when one is needed?
    • A. Reimbursement for a “stand-in” attorney can be reimbursed as an expense on the appointed attorneys voucher.  You must provide a fully itemized invoice from the “stand-in” attorney on is/her letterhead.  This should include dates of service, number of hours worked, rate per hour ($65 for in-court time and $45 for out-of-court time), expenses (mileage, phone calls, copies, etc.) and a total dollar amount claimed for the invoice. 

      Top of page

  • Q. Does PDS reimburse for copies?
    • A. Yes.  PDS reimburses for in-office copies at the rate of $.10 per page.  Any copies obtained from an out-of-the-office provider will be reimbursed at the actual amount billed to appointed counsel.  You must provide a fully itemized invoice in order to be reimbursed for out-of-the-office provider.

      Top of page

  • Q. Does PDS pay for guardian-ad-litem proceeding?
    • A. NO for the following GAL proceedings:
      
      • Incapacitated adults pursuant to W.Va. Code, et seq (Contact the Supreme Court);
      • Incarcerated persons pursuant to Rule 21of the West Virginia Trial Court Rules;
      • Domestic violence proceedings for protective orders pursuant to W.Va. Code 48-2A-1, et seq;
      • Reciprocal support proceedings pursuant to W.Va. Code 48A-7-1;
      • Guardian or Conservator appointments pursuant to W.Va. Code Chapter 44A.
      • Protected Persons.
      
          YES for the following:
      
      • Juvenile defendants (GAL of abused/neglected juvenile(s), delinquency, incorrigibility; or other criminal charges).
      
      *See amendments to Rules 21 & 39 of the West Virginia Trial Court Rules.  

      Top of page

  • Q. Who should be billed for proceedings and expenses where more than one state agency will reimburse?
    • A. The presiding Judge for that particular proceeding may decide but only one state agency should be billed for legal services and/or expenses.   

      Top of page

  • Q. Does PDS pay for sexual offender assessments for the purpose of pre-sentencing investigations?
    • A. Yes, only if the defense moves for the assessment.  

      Top of page

  • Q. Are there statutory limitations for legal fees and/or expenses?
    • A. The statutory limit for legal fees is $3,000; for expense it is $1,500.  Both can be exceeded by the court order at the Judge’s discretion.
      
      In the event that the fees and expenses are in excess of statutory limits, PDS advises that appointed counsel contact the presiding Judge for approval prior to service.
      
      PDS does not require separate orders to exceed the statutory limit and to approve the actual amount payable.  If an order sets forth the amount to be paid, PDS assumes the judge has found “good cause” to exceed the limits.