Right to counsel

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Legislation, Civil Forfeiture

W. Va. Code, § 29-21-2 provides for appointment of public defenders in "forfeiture proceedings brought pursuant to article seven, chapter sixty-a of this code [§§ 60A-7-701 et seq.]."  The referred-to article is the West Virginia Contraband Forfeiture Act.

 

The Supreme Court of Appeals of West Virginia has affirmed that proceedings listed in § 29-21-2 are "[t]he legal proceedings to which indigents are entitled to court appointed counsel …"  Mooney v. Frazier, 693 S.E.2d 333, 337 (W. Va. 2010). 

Appointment of Counsel: categorical Qualified: no