FISCAL NOTE

Date Requested: February 27, 2020
Time Requested: 09:15 AM
Agency: Attorney General, WV
CBD Number: Version: Bill Number: Resolution Number:
1742 Amendment SB275
CBD Subject: Courts


FUND(S):

General Fund

Sources of Revenue:

General Fund

Legislation creates:

Increases Existing Expenses



Fiscal Note Summary


Effect this measure will have on costs and revenues of state government.


    The Attorney General’s office (“AGO”) handles the appeals of criminal matters, writs of habeas corpus, and other criminal filings to the Supreme Court of Appeals on behalf of the State’s agencies and counties, as well as civil appellate matters for State officers and agencies. (Although the fiscal note request provided only a specific proposed amendment, that amendment’s incorporation into the bill and the bill’s wider impact are both addressed by this fiscal note.) Through its creation of an additional level of appellate practice relative to civil, criminal, and habeas corpus matters, SB 275 would result in a notable increase in the scope of appellate representation to be provided by the AGO to the State’s agencies and counties.



Fiscal Note Detail


Effect of Proposal Fiscal Year
2020
Increase/Decrease
(use"-")
2021
Increase/Decrease
(use"-")
Fiscal Year
(Upon Full
Implementation)
1. Estmated Total Cost 0 0 2,000,000
Personal Services 0 0 0
Current Expenses 0 0 0
Repairs and Alterations 0 0 0
Assets 0 0 0
Other 0 0 0
2. Estimated Total Revenues 0 0 0


Explanation of above estimates (including long-range effect):


    The amount above is provided as an illustration of the potential future impact of SB 275. This figure is an estimate derived from the current budget of the AGO’s Appellate Division, which handles appeals of criminal matters and writs of habeas corpus, and the anticipated increase in civil and criminal appellate work likely to result from this bill. The projected additional costs incorporate a significant expansion of the scope of expected criminal appellate representation to be provided by the AGO, while also factoring in additional personnel to address an anticipated increase in civil appellate representation and additional costs derived from the locations of these intermediate courts of appeal outside Charleston. (Presently, appellate practice occurs before the Supreme Court of Appeals in the Capitol, which is within a few minutes of the Charleston offices of the AGO.)



Memorandum


    SB 275, if passed, would necessitate additional funding to the AGO to handle the increased civil and criminal appellate work. The AG is required to represent the State in all matters before Supreme Court of Appeals, the only appellate court in WV; it would only be consistent with that authority for the AGO to provide the same representation to the State’s agencies and counties in any similar appellate matters regardless of venue. (The AG recommends that the Code be clarified to confirm this scope of required appellate representation.)



    Person submitting Fiscal Note: Curtis R. A. Capehart
    Email Address: curtis.r.a.capehart@wvago.gov