FISCAL NOTE
Date Requested: March 23, 2021
Time Requested: 01:12 PM |
| Agency: |
Attorney General, WV |
|---|
| CBD Number: |
Version: |
Bill Number: |
Resolution Number: |
| 2607 |
Comm. Sub2 |
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. (The fiscal note request provided only the Committee Substitute for the Committee Substitute passed by the Senate, thus this fiscal note addresses only the Committee Substitute for the Committee Substitute and does not consider any changes made by the House of Delegates.) Through its creation of an additional level of appellate practice relative to civil matters, SB 275 would result in an increase in the amount of appellate representation to be provided by the AGO to the State’s agencies and officers.
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 |
0 |
0 |
800,000 |
| 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 anticipated increase in civil appellate work likely to result from this bill. The projected additional costs incorporate an expansion of the scope of expected appellate representation to be provided by the AGO, particularly by the Solicitor General, the Consumer Protection and Antitrust Division, and the Arts and Education Division. These segments of the AGO provide appellate representation on various matters on behalf of the AGO directly as well as on behalf of the State, its various agencies, and state officers. While costs of representation for many appellate matters will be paid ultimately by the represented officer or agency, the estimate above reflects the anticipated increase in the state government’s aggregated appellate representation costs. Also, it should be noted that the cost estimates above do not include any additional costs derived from the proceedings of these intermediate courts of appeal occurring 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 appellate work.
Person submitting Fiscal Note: Curtis R. A. Capehart
Email Address: curtis.r.a.capehart@wvago.gov