West Virginia

This page provides a breakdown of all major developments and right to counsel law that the NCCRC knows for this state, sorted by subject area. Click on either tab below to see the aspect it describes.

Abuse/Neglect/Dependency - Accused Parents

Legislation

Key_development Question_mark

Right to counsel

Indigent parents have a right to counsel (via the public defender) in abuse/neglect proceedings.

Appointment of Counsel: categorical Qualified: no

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Litigation

Key_development Question_mark

Right to counsel

The Supreme Court of West Virginia found a state constitutional right to counsel in abuse/neglect cases.

Appointment of Counsel: categorical Qualified: no

Read more about this

Abuse/Neglect/Dependency - Children

Legislation

Key_development Question_mark

Right to counsel

Children have a right to counsel (via the public defender) in abuse/neglect proceedings.

Appointment of Counsel: categorical Qualified: no

Read more about this

All Basic Human Needs

Legislation

Key_development Question_mark

Discretionary appointment of counsel - convicts, minors, or incompetent persons

Courts must appoint an attorney-GAL for an infant, incompetent person, or convict.

Appointment of Counsel: discretionary Qualified: yes

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Bypass of Parental Input into Abortion - Minor

Legislation

Key_development Question_mark

Right to counsel

Indigent minors have a right to counsel in proceedings to bypass the parental notification requirement for an abortion.

Appointment of Counsel: categorical Qualified: no

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Child Support Enforcement (Civil Contempt)

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel (via the public defender) for indigent defendants in civil contempt proceedings.

Appointment of Counsel: categorical Qualified: no

Read more about this

Litigation

Key_development Question_mark

Right to counsel

The Supreme Court of West Virginia found a state constitutional right to counsel in civil contempt proceedings.

Appointment of Counsel: categorical Qualified: no

Read more about this

Civil Commitment - Subject of Petition

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for subjects of a civil commitment proceeding.

Appointment of Counsel: categorical Qualified: no

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Litigation

Key_development Question_mark

Right to counsel

The West Virginia Supreme Court found a federal and state due process right to an attorney-GAL in civil commitment proceedings.

Appointment of Counsel: categorical Qualified: no

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Civil Forfeiture

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for indigent defendants in forfeiture proceedings under the West Virginia Contraband Forfeiture Act.

Appointment of Counsel: categorical Qualified: no

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Custody Disputes - Children

Legislation

Key_development Question_mark

Discretionary appointment of counsel

A court may appoint counsel for the child in a private custody dispute.

Appointment of Counsel: discretionary Qualified: no

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Guardianship/Conservatorship of Adults - Ward

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for the subject of a guardianship proceeding.

Appointment of Counsel: categorical Qualified: no

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Incarceration for Fees/Fines (incomplete)

Legislation

Key_development Question_mark

Right to counsel

The Supreme Court of West Virginia has recognized a state constitutional right to counsel in civil contempt proceedings.

Appointment of Counsel: categorical Qualified: yes

Read more about this

Key_development Question_mark

Right to counsel

There is a right to counsel (via the public defender) for indigent defendants in civil contempt proceedings.

Appointment of Counsel: categorical Qualified: yes

Read more about this

Paternity - Defendant/Respondent

Litigation

Key_development Question_mark

Right to counsel

The Supreme Court of West Virginia found a state constitutional right to counsel in state-initiated paternity cases.

Appointment of Counsel: categorical Qualified: yes

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Prisoners

Litigation

Key_development Question_mark

Discretionary appointment of counsel - prisoners

The Supreme Court of West Virginia has suggested that courts have the inherent authority to appoint counsel for prisoners.

Appointment of Counsel: discretionary Qualified: yes

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Quarantine/Sterilization/Innoculation

Legislation

Key_development Question_mark

Right to counsel - quarantine and sterilization

There is a right to counsel for both TB quarantine and forced sterilization of mentally incompetent individuals.

Appointment of Counsel: categorical Qualified: no

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Litigation

Key_development Question_mark

Right to counsel - quarantine

The Supreme Court of West Virginia found a right to counsel for indigent persons in cases involving confinement due to tuberculosis.

Appointment of Counsel: categorical Qualified: no

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Termination of Parental Rights (State) - Children

Legislation

Key_development Question_mark

Right to counsel

Children have a right to counsel (via the public defender) in termination of parental rights cases.

Appointment of Counsel: categorical Qualified: no

Read more about this

Termination of Parental Rights (State) - Birth Parents

Legislation

Key_development Question_mark

Right to counsel

Indigent parents have a right to counsel (via the public defender) in termination of parental rights cases.

Appointment of Counsel: categorical Qualified: no

Read more about this

Litigation

Key_development Question_mark

Right to counsel

The Supreme Court of West Virginia found a state constitutional due process right to counsel in termination of parental rights cases.

Appointment of Counsel: categorical Qualified: no

Read more about this

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