Current through Register Vol. XLI, No. 50, December 13, 2024
Section 89-1-4 - Expenses; conditions; and limitations4.1. Panel attorneys will be reimbursed for the actual and necessary expenses incurred in legal representation. To be reimbursed, expenses over $10 require supporting documentation including invoices or receipts.4.2. Travel -- Reimbursement for expenses related to travel will be made consistent with the reimbursement of state employees related to travel, including whether reimbursement will be made for overnight lodging, meals, or otherwise. The provisions regarding reimbursement for state employees and the schedule of these reimbursements will be posted on the website.4.2.1. Mileage for which reimbursement is claimed should be consistent with the calculation of mileage made by online services, such as MapQuest, Google Maps, or an equivalent application, and any mileage claim that is inconsistent with such calculation must be explained.4.2.2. Mileage will be reimbursed for travel from the business office of the panel attorney to the location where legal representation is provided. Subject to the provisions of subsection 4.2.3. of this section, mileage will be reimbursed for travel from the panel attorney's residence to the location where legal representation is provided only if the residence is the business office or if the distance from the residence to the location where legal representation is provided is closer than the distance from the business office to the location where legal representation is provided. When travel from the residence is more than travel from the business office, the panel attorney may seek reimbursement from business office to the location where legal representation is provided even if leaving from the residence.4.2.3. If a panel attorney is regularly accepting appointments in a judicial circuit other than the judicial circuit in which the panel attorney's business office is situated and is not accepting appointments within the judicial circuit in which the panel attorney's business office is situated, then the travel to be reimbursed will not include the distance from the panel attorney's office to the border of the judicial circuit in which appointments are taken.4.3. Transcripts -- Expenses related to the preparation of transcripts of proceedings are governed by the provisions of W.Va. Code § 29-21-13a: Provided, That the expenses related to the ordering of transcripts for the purposes of an appeal to the Supreme Court are governed by the provisions of W. Va. Code § 51-7-7, and requests for payments of the transcripts must be submitted by the court reporter to the Supreme Court in accordance with the established rules and procedures of the court.4.3.1. If a proceeding is one for which a court reporter is required to report the proceeding, then the rates for production of the transcript are established by the provisions of W. Va. Code § 51-7-4. These rates will be published on the website. An appearance fee will be paid for a court reporter only if no payment is sought for the production of a transcript for the proceeding in which the court reporter appeared.4.3.2. If a proceeding is required to be electronically recorded pursuant to the provisions of W. Va. Code § 50-5-8, then no expenses will be reimbursed for the production of a transcript by a court reporter. One dollar per page will be the reimbursement made for the expense of a transcription of the electronic recording.4.3.3. No reimbursement or payment will be made for an hourly fee charged by a court reporter for time or travel.4.4. Videotaping or digital recording -- If a panel attorney intends to incur the expense of a video-taping or other digital recording of a proceeding, the expense will be reimbursed only if the taping or recording is approved by the presiding court in advance of incurring the expense. The payment of the final amount of the expense will require an order of the court approving the payment. Forms of an order permitting such expenses to be incurred and approving the final amount of these expenses will be available on the website. The order approving this reimbursement 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.4.5. Copies -- If a panel attorney necessarily incurs charges from a copying service for the copying or reproduction of material, reimbursement will be made at the actual cost if supporting documentation is provided. 4.5.1. For copies or reproductions made by the panel attorney within his or her office, reimbursement will be made at the rate of 15 cents per page.4.5.2. The agency will not reimburse panel attorneys for the scanning of documents onto computer drives or external drives. The agency will reimburse the expenses of printing of such documents at the rate of 15 cents per page.4.6. Clothing -- Within seven days of a trial date, a panel attorney may incur an expense to obtain clothing for an eligible client and will be reimbursed up to the amount of $50 for such clothing if a trial is commenced. A receipt for the purchase must be provided. The time expended for obtaining this clothing will not be compensated, as it will be considered an administrative task.4.7. Fees -- Fees for filing and service of process are not reimbursable as indigent defendants are not to be assessed such fees. If a fee is permitted to be imposed for service of process related to defense of an eligible proceeding, such as service outside a jurisdiction, then the fee to be reimbursed will be capped at the amount that would be assessed by the Office of the Sheriff in the county in which the matter is pending. If fees have to be incurred in excess of these limits, reimbursement will require that the incurring of the expense first be approved by the presiding court. The order approving this reimbursement 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.4.8. Extraordinary expenses -- Fees for experts, investigators, or other service providers that are not ordinarily required in legal representation require the approval of the presiding court before being incurred pursuant to the provisions of Rules 35.01 through 35.05 of the West Virginia Trial Court Rules. Approval of the court may consist of complying with a previously issued administrative order of the court. Reimbursement of the final amount of such expenses will require an order of the presiding court approving the amount of the expenses. Forms of an order permitting such expenses to be incurred and approving the final amount of these expenses will be available on the website. The order approving this reimbursement 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.4.8.1. The expenses of an evaluation of an eligible client are governed by the provisions of Rule 35.05 of the West Virginia Trial Court Rules requiring payment or reimbursement (1) by the West Virginia Department of Health and Human Resources, if it is an evaluation ordered or conducted pursuant to W. Va. Code § 27-6A-2(a)-(e) or W. Va. Code § 62-12-2(e); (2) by the Supreme Court, if otherwise ordered by the presiding court on its own motion or for its own assistance; and (3) by the agency, if the services were requested by the panel attorney in the course of legal representation. The order approving this reimbursement 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.4.8.2. The expenses of an interpreter will be reimbursed by the Supreme Court if the interpreter is necessary to the conduct of proceedings in the presiding court. The expenses of an interpreter will be reimbursed by the agency if the interpreter is necessary to the interaction between the panel attorney and the client and the incurring of the expense is approved by the presiding court. The final amount of the expense will require an order of the court approving the amount. The order approving this reimbursement 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.4.8.3. Request for payment of extraordinary expenses as approved by the presiding court may be made directly to the agency rather than requiring payment by the attorney who would then await reimbursement. The service provider is required to be registered as a vendor with the state. The OVS Help Desk will assist the service provider with such registration. The request for direct payment must be submitted with an invoice detailing the services, the dates of services, and the calculation of the compensation together with the order or administrative order approving the incurring of, and the order approving the amount of, these services, and the panel attorney's information sheet including the panel attorney's certification that (1) he or she has reviewed the invoice; (2) the charges and claims made on the invoice are true and correct to the best of his or her knowledge; and (3) the services set forth on the invoice were provided in the course of the panel attorney's legal representation of the identified eligible client. The forms for making a request for direct payment of an expense will be made available on the website. At present, this request must be submitted by mail to the agency and not electronically through OVS.4.9. Non-reimbursable expenses - The expenses related to general office overhead, office supplies, personal items, and nonlegal personal services are not reimbursable as expenses necessarily incurred in legal representation. For example, compact discs or thumb drives purchased for the recording of documents will be considered general office supplies and the costs of purchasing these items will not be reimbursed. 4.10. Computerized legal research - Fees and costs incurred for the use of Westlaw, Lexis/Nexis, or other private computerized legal research services are not reimbursable. Panel attorneys are encouraged to utilize Fastcase for computerized legal research, which is provided free of charge to members of the West Virginia State Bar.4.11. In a proceeding other than a capital case, the maximum amount of the reimbursement of actual and necessary expenses is $1,500 unless the court approves additional reimbursement upon good cause having been shown by the panel attorney. In a capital case, no cap exists on the amount of actual and necessary expenses to be reimbursed. Forms for obtaining the approval of the presiding court for additional reimbursement will be made available on the website. The order approving this reimbursement 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.