FISCAL NOTE
Date Requested: January 20, 2026
Time Requested: 04:53 PM |
| Agency: |
Public Defender Services |
|---|
| CBD Number: |
Version: |
Bill Number: |
Resolution Number: |
| 3105 |
Introduced |
SB538 |
|
|---|
| CBD Subject: |
Human Services |
|---|
|
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 legislation would increase the rate of compensation of court-appointed counsel to $100 an hour notwithstanding whether the services are out-of-court or in-court. For out-of-court work, this is a $40 increase in the current hourly rate. For in-court work, this is a $20 increase in the current hourly rate.
The overall increase in the appropriation to Accout 78800 for payment of court-appointed counsel in FY2027 would be $18,900,000.
Fiscal Note Detail
| Effect of Proposal |
Fiscal Year |
2026
Increase/Decrease
(use"-") |
2027
Increase/Decrease
(use"-") |
Fiscal Year
(Upon Full
Implementation) |
| 1. Estmated Total Cost |
18,900,000 |
18,900,000 |
18,900,000 |
| Personal Services |
18,900,000 |
18,900,000 |
18,900,000 |
| 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):
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.
For the past three fiscal years, the following are the hours of services billed and the percentage of time in-court this represents: FY2023 - 481,538.3 and 12.5%; FY2024 - 496,482.8 and 11.8%; and FY2025 - 480,573.3 and 11.47%. For purposes of this fiscal note, the assumption is made that 500,000 hours of services are to be billed and 11% of the time will be in-court services.
For 445,000 hours of out-of-court services, the $40 increase in the hourly rate would be an increase in the appropriation of general revenue of $17,800,000. For 55,000 hours of in-court servics, the $20 increase in the hourly rate would be an increase in the appropriation of general revenue of $1,100,000. The total increase in the required appropriation would be $18,900,000.
The total increase in the appropriation to Account 78800 for FY27 would be $18,900,000
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