Current through Register Vol. XLI, No. 50, December 13, 2024
Section 89-1-3 - Compensation; conditions; and limitations3.1. An overriding principle in the governing statute is that, as set forth in the provisions of W. Va. Code § 29-21-13a(d), compensation is paid only for the actual time expended. As the Supreme Court opined in Frasher v. Ferguson, 177 W. Va. 546, 355 S.E.2d 39, 40 (1987), the governing statute's use of the term "actual" time "clearly envisages that court-appointed lawyers will be compensated only for hours actually worked and expenses actually incurred in rendering services, and that duplicative compensation is unauthorized." [Emphasis in original.] Accordingly, compensation can only be requested once for the actual period of time the attorney worked, notwithstanding that multiple services were provided for one or more clients.3.2. Panel attorneys shall be compensated for legal representation. In addition to compensation for the panel attorneys' legal representation, compensation may be paid to the panel attorney for the services of a paralegal or investigator. However, compensation will not be paid to the panel attorney or a paralegal for conferences between the panel attorney and a paralegal. The panel attorney's review and revision of a paralegal's produced work product will be compensated.3.3. Compensation for attorney's work performed out-of-court will be at the rate of $60 an hour.3.4. Compensation for attorney's work performed in-court or while waiting-in-court will be at the rate of $80 an hour.3.5. Compensation to a panel attorney for paralegal's work will be at the rate of $20 an hour.3.6. Compensation to a panel attorney for investigative services will be at the rate of $30 an hour.3.7. Compensation for paralegal's work or investigative services will not be considered compensation for attorney's work in calculating the maximum amount of compensation, but compensation for paralegal's work or investigative services will be considered expenses of the panel attorney in the course of legal representation and will be processed accordingly.3.8. Compensation for paralegal's work in-court will not be paid unless the services of a paralegal in-court has been approved by an order of the presiding court in advance of the services. The maximum amount of compensation for paralegal's work in-court in a matter will be $1,000 and the amount of the compensation requested for the in-court work will require an order of the court approving the amount to be compensated. Forms for this purpose will be available on the website. The order approving this compensation must be uploaded with the voucher that is submitted to the agency by the panel attorney for compensation in the eligible proceeding to which the services related.3.9. Compensation for legal services or legal assistance as guardian ad litem in a proceeding other than an eligible proceeding will not be compensated by the agency. Compensation for these services is governed by the provisions of Rules 21.01 through 21.06 and Rules 39.01 through 39.03 of the West Virginia Trial Court Rules.3.10. Compensation will be paid to a panel attorney appointed to represent an eligible client for the services of another attorney as stand-in counsel. However, compensation will not be paid to the appointed panel attorney for conferences with the stand-in counsel, or for review of the work product of a stand-in counsel.3.11. Compensation will not be paid for the performance of administrative tasks including, but not limited to, the preparation of vouchers for submission to the agency, the opening of a file for a newly appointed client for administrative purposes, or the closing of a file for a client for administrative purposes. Any work performed by an attorney that is not attorney's work will not be compensated and will be considered an administrative task. Any work performed by a paralegal that is not paralegal's work will not be compensated and will be considered an administrative task.3.12. Any services provided by an investigator that are not considered investigative services will be compensated as paralegal's work if it so qualifies or, otherwise, will be considered an administrative task and will not be compensated.3.13. In a proceeding other than a capital case, the maximum amount of compensation for attorney's work is $3,000 unless the court approves payment of additional compensation upon good cause having been shown by the panel attorney. In a capital case, no cap exists on the compensation for attorney's work. Forms for obtaining the approval of the court for additional compensation will be made available on the website. The order approving this compensation must be uploaded with the voucher submitted to the agency by the panel attorney for compensation in the eligible proceeding to which the services related.