FISCAL NOTE
Date Requested: March 23, 2021
Time Requested: 01:12 PM |
| Agency: |
Public Defender Services |
|---|
| CBD Number: |
Version: |
Bill Number: |
Resolution Number: |
| 2607 |
Comm. Sub2 |
SB275 |
|
|---|
| CBD Subject: |
Courts |
|---|
|
FUND(S):
0226
Sources of Revenue:
General Fund
Legislation creates:
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 creates an intermediate court of appeals. However, the jurisdiction of the intermediate court of appeals does not include criminal proceedings, juvenile proceedings, child abuse and neglect proceedings, mental hygiene proceedings, and extraordinary remedies which include habeas corpus proceedings. Accordingly, the legislation has no significant impact on the expenditures of general revenue made by Public Defender Services to court-appointed private counsel or salaried public defenders.
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 |
0 |
| 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):
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 intermediate court of appeals will not have jurisdiction over any eligible proceedings as defined by the agency’s governing statute, W. Va. Code §29-21-2(2). Accordingly, the agency will not expend any appropriated amount on matters falling within the jurisdiction of the intermediate court of appeals. Conceivably, a contempt proceeding in a family court proceeding or a forfeiture proceeding related to a criminal proceeding may not be excluded, expressly, from this jurisdiction, but these proceedings rarely result in an appeal and the resulting expense if an appeal is taken is negligible.
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.
First, the exception in the proposed W. Va. Code §51-11-5(d)(8) references “extraordinary remedies” which is the title for Chapter 53 of the West Virginia Code, but the citation is loosely made to “§53-1-1 et seq. of this code” which could be construed as applying only to Article 1. The intent is seemingly clear, but a more precise reference would be either to “Chapter 53” or by listing the beginning and ending section of the covered statutory provisions.
Second, the exclusion from jurisdiction might be clarified to expressly reference, if intended, contempt proceedings in family court and forfeiture proceedings arising out of a criminal proceeding.
Person submitting Fiscal Note: Dana F. Eddy
Email Address: Dana.F.Eddy@wv.gov