Right to counsel

West Virginia , Legislation , Forfeiture (incomplete)

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: Yes
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.