Current through Register Vol. XLI, No. 50, December 13, 2024
Section 89-1-2 - Definitions2.1. Terms Defined by Statute -- Terms defined in W. Va. Code § 29-21-1, et seq., have the same meanings when used in this rule unless the context or subject matter clearly requires a different construction.2.2. Terms Defined -- As used in this rule, these terms have the designated meanings unless the context or subject matter clearly requires a different construction: 2.2.1. "Agency" means Public Defender Services, an executive agency established by the provisions of W. Va. Code § 29-21-3.2.2.2. "Attorney's work" means services provided by a panel attorney in the course of legal representation and does not include administrative or non-legal tasks even if performed by an attorney.2.2.3. "Capital case" means a criminal proceeding in which a potential sentence is life imprisonment.2.2.4. "Day," unless otherwise identified as a calendar day, means a day other than a Saturday, a Sunday, a legal holiday as defined by the provisions of W. Va. Code § 2-2-1, or a day on which the agency is closed by reason of an executive order of the Governor.2.2.5. "Eligible client" means a person identified in the provisions of W. Va. Code § 29-21-2(1).2.2.6. "Eligible proceeding" means a proceeding identified in the provisions of W. Va. Code § 29-21-2(2).2.2.7. "Executive director" means the person appointed pursuant to the provisions of W. Va. Code § 29-21-5.2.2.8. "Governing statute" means the provisions of W. Va. Code §§ 29-21-1et seq.2.2.9. "In-court" means legal representation in the presence of a judge or other judicial officer, but does not include representation (1) before an administrative board, a parole board, or a drug-court or other specialty court team or (2) in a multidisciplinary team meeting.2.2.10. "Investigative services" means services performed in the course of an investigation to obtain information about matters enumerated in the provisions of W. Va. Code § 30-18-1.2.2.11. "Legal representation" means the provision of legal services or legal assistance as legal counsel or guardian ad litem to an eligible client or ward in an eligible proceeding.2.2.12. "Out-of-court" means attorney's work or paralegal's work which is not in-court or waiting in-court.2.2.13. "OVS" means the Online Voucher System, the agency's online system for the preparation and submission of a voucher.2.2.14. "OVS Help Desk" means the technical assistance provided by the agency to panel attorneys or service providers that is accessed by the phone number, (304) 741-8650.2.2.15. "Panel attorney" means an attorney appointed to represent eligible clients in eligible proceedings pursuant to the provisions of W. Va. Code § 29-21-1et seq.2.2.16. "Paralegal services" means services provided by a person under the supervision of a panel attorney which, if performed by the panel attorney, would constitute attorney's work.2.2.17. "Stand-in counsel" means a counsel standing in for a panel attorney and can be another panel attorney or an attorney associated with the appointed panel attorney.2.2.18. "Supreme Court" means the West Virginia Supreme Court of Appeals.2.2.19. "Travel" means the traversing of the distance between two points to provide legal representation.2.2.20. "Value billing, block billing, or pattern billing" means the attribution of time to an itemized legal service that is not based upon the actual time expended by the panel attorney but, rather, is based on a predetermined value of a service or is time that would have been expended in the original preparation of utilized forms or is time of a staff or administrative person other than the panel attorney that is represented by the panel attorney to be his or her own time.2.2.21. "Waiting-in-court" means presence within the courtroom or other in-court venue from the designated start time for a hearing or other in-court proceeding until actual commencement of the hearing or proceeding.