Discretionary appointment of counsel

West Virginia , Legislation , Housing - Discrimination

Pursuant to W. Va. Code § 16B-18-14(a)(1)(A),

 

An aggrieved person may commence a civil action in an appropriate circuit court not later than two years after the occurrence or the termination of an alleged discriminatory housing practice, or the breach of a conciliation agreement entered into under this article, whichever occurs last, to obtain appropriate relief with respect to such discriminatory housing practice or breach.


Upon their application, the court may appoint counsel for such person, W. Va. Code § 16B-18-14(b), and “the court, in its discretion, may allow a prevailing complainant a reasonable attorney’s fee and costs.” Id. at (c)(2).

Appointment of Counsel: Discretionary
Qualified: No
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.