FISCAL NOTE
Date Requested: February 18, 2021
Time Requested: 02:03 PM |
| Agency: |
Public Defender Services |
|---|
| CBD Number: |
Version: |
Bill Number: |
Resolution Number: |
| 1048 |
Introduced |
SB29 |
|
|---|
| CBD Subject: |
|
|---|
|
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.
Throughout the state, specialty courts such as adult drug court, juvenile drug court, veterans' court, and family treatment courts are operated. Where possible and when conflicts of interest do not exist, salaried public defenders serve on such courts. If a salaried public defender cannot serve, private counsel is asked to volunteer time in such service. Accordingly, it can be difficult to find attorneys willing to do so.
Service in this capacity is not considered compensable under the provisions of W. Va. Code §§29-21-1, et seq., because proceedings in such specialty courts are not identified as “eligible proceedings.” Accordingly, the legislation expands the definition of “eligible proceedings” to include service on a specialty court.
Fiscal Note Detail
| Effect of Proposal |
Fiscal Year |
2021
Increase/Decrease
(use"-") |
2022
Increase/Decrease
(use"-") |
Fiscal Year
(Upon Full
Implementation) |
| 1. Estmated Total Cost |
434,280 |
434,280 |
434,280 |
| Personal Services |
0 |
0 |
0 |
| Current Expenses |
434,280 |
434,280 |
434,280 |
| 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.
The increased number of vouchers received by Public Defender Services will not be significant enough to increase the expenses of the agency relating to personnel or other administrative costs. Instead, the increase in expenses is simply the amount paid for the services of the attorneys.
Based on information received from the Administrative Office of the Supreme Court of Appeals, the increased hours of service to be compensated in a fiscal year will be 7,238 which, at a rate of $60 an hour, equals a total increased expense of $434,280. The estimated hours of service were based on the following specialty courts operating: 18 Juvenile Drug Courts, 28 Adult Drug Courts, and 11.8 Family Treatment Courts. The assumption was that counsel would expend 2 hours a week serving on such courts. The Family Treatment Courts requires the services of both an attorney and guardian ad litem.
Based on these same assumptions, a private counsel serving in such a position on a regular basis would earn an additional $6,240 in annual compensation.
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.
The expenses are probably overstated because in many areas the salaried public defenders are serving on these specialty courts, typically by force of statute. Accordingly, the actual expenses may be one-half the stated amount since public defender corporations operate in 19 of the 31 judicial circuits and in about one-half of the circuits which have specialty courts. However, conflicts do arise preventing participation by a representative of the public defender corporation and caseloads may necessitate declining service for a period. Accordingly, the assumption was made that the services are provided exclusively by private counsel.
Moreover, the use of the specialty courts diverts individuals from formal proceedings which are compensable. If the participation of private counsel enables the expansion of the courts, then the amount requested for representation in formal proceedings may be reduced.
Person submitting Fiscal Note: Dana F. Eddy
Email Address: Dana.F.Eddy@wv.gov