FISCAL NOTE

Date Requested: February 27, 2020
Time Requested: 11:59 AM
Agency: Public Defender Services
CBD Number: Version: Bill Number: Resolution Number:
1742 Amendment SB275
CBD Subject: Courts


FUND(S):

0226

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.


Summarize in a clear and concise manner what impact this measure will have on costs and revenues of state government. The appeal of a criminal conviction to an intermediate court will require payment of compensation to private counsel who are appointed to represent an indigent defendant in the appeal or, alternatively, will require representation by a salaried public defender or a member of the Appellate Advocacy Division of Public Defender Services. Due to the nature of criminal proceedings, an appeal to an intermediate court will not result in less appeals to the Supreme Court of Appeals. An adverse result in the intermediate court by either party will be appealed to the higher court. Accordingly, including criminal proceedings within the jurisdiction of the intermediate court will increase expenses by (i) the amount paid to private counsel for handling the appeals; or (ii)the cost of additional staffing required by the public defender corporations or the Appellate Advocacy Division of Public Defender Services to handle the appeals.



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 1,216,934 1,216,934 1,216,934
Personal Services 460,000 460,000 460,000
Current Expenses 756,934 756,934 756,934
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):


Please explain increases and decreases in personal services, current expenses, repairs and alterations, assets, other costs and revenues, including assumptions and data sources and delineation between start-up and ongoing costs. Please also include a long-range schedule of costs and revenues if fiscal impact is expected to vary in future years. Again, the assumption is that the appeals to the intermediate court would not reduce the number of appeals to the Supreme Court, because most proceedings end in convictions and defendants are motivated to exhaust all remedies. Information used to estimate these expenses was obtained from the "Public Defender Services Annual Report for Fiscal Year 2018" ("AR"). In FY2018, Public Defender Services paid compensation to private attorneys handling 248 appeals to the Supreme Court (AR, p. 55) the following: (i) $420,168.32 for fees (AR, p. 60); (ii) $66,908.65 for expenses (AR, p. 65); and (ii) an average total cost per claim of $1,964.02 (AR, p. 94). In FY2018, public defender corporations handled 26 appellate claims and the Appellate Advocacy Division of Public Defender Services handled 47 claims. The assumption is made, therefore, that private counsel will handle 300 claims to the intermediate courts and that public defenders will handle 80 claims. Compensation has increased for private counsel by 33-1/3 percent (from $45 to $60 for out of court work). Adjusting for the increase, the average cost per claim would be $2,523.11. For 300 claims the total would be $756,934. The Appellate Advocacy Division and public defender corporations would increase staffing by an estimated 5 attorneys, 2 paralegals, and 1 secretary for an estimated cost of $460,000.



Memorandum


Please identify any areas of vagueness, technical defects, reasons a bill would not have a fiscal impact, and/or any special issues not captured elsewhere on this form.



    Person submitting Fiscal Note: Dana F. Eddy
    Email Address: Dana.F.Eddy@wv.gov