Senate Bill No. 391
(By Senator Deem, By Request)
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[Introduced March 20, 1997; referred to the Committee
on the Judiciary.]
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A BILL to amend article thirteen-a, chapter sixteen of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
two-a,relating to providing for the appointment of counsel
for citizens who formally complain about public service
district actions or proposed actions; requiring showings of
financial justification and adverse effect; and providing
that persons making formal protests are to be advised of
their right to counsel.
Be it enacted by the Legislature of West Virginia:
That article thirteen-a, chapter sixteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section two- a, to read as follows:
ARTICLE 13A. PUBLIC SERVICE DISTRICTS FOR WATER, SEWERAGE AND
GAS SERVICES.
§16-13A-2a. Appointment of legal counsel for aggrieved citizens.
Upon a showing of financial justification, a competent
attorney shall be appointed to represent the interests of any
resident citizen to a public service district who makes a formal
protest or complaint, in writing, about any action or proposed
action by a public service district:
Provided, That prior to
the appointment of legal counsel there must be a showing that the
personal or property rights of the resident citizen have been, or
are substantially likely to be, adversely affected by the action
or proposed action.
Upon the showings required by this section, the circuit
court having jurisdiction of the public service district shall
appoint counsel in a like manner as in the appointment of counsel
in cases involving the existence of criminal charges against
indigent criminal defendants. Determinations of financial
justification shall be based on the same criteria involved in
such criminal cases. Persons making formal written protests or
complaints shall be advised of their right to counsel and that
counsel will be appointed, in the event they qualify for same
under the provision of this section.
NOTE: The purpose of this bill is to provide for the
appointment of attorneys for persons who can't afford to hire an
attorney when such persons formally complain about an action or
proposed action by a public service district that has or will,
adversely affect them.
This section is new; therefore, strike-throughs and
underscoring have been omitted.
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