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West Virginia

Categorical Right To Counsel

Discretionary Appointment Of Counsel

Right Or Appointment Is Qualified

No Such Proceeding

No Authorization, But Relevant Materials

Other

Recent Activity

Right to Counsel Status

Categorical Right To Counsel

There is a right to counsel without qualification for all indigent individuals in this type of case (except that the individual may be required to request counsel).

Discretionary Appointment Of Counsel

Courts are permitted but not required to appoint counsel for any indigent individual in this type of case. A request may be required.

Right Or Appointment Is Qualified

The established right to counsel or discretionary appointment of counsel is limited in some way, including: the only authority comes from a lower/intermediate court decision or a city government, not a high court or state legislature; a case has cast doubt on prior authority; a statute is ambiguous; or the right or discretionary appointment is not for all individuals or proceedings within that type of case.

No Such Proceeding

This state has no law creating a judicial proceeding of this type.

No Authorization, But Relevant Materials

While this state does not provide for or require appointment of counsel with respect to the given subject area, it does have something (such as a report or bar policy) that supports the right to or appointment of counsel for this subject area.

Other

Because the "Other subject areas” category can include developments from different subject areas that do not work the same way as each other, a blanket categorization of this category is not possible.

Denies

This state has law explicitly stating that there is no right to counsel for this area.

Qualified

Abuse/Neglect/Dependency - Children

Legislation

Key Development

Right to counsel

Children have a right to counsel in abuse/neglect proceedings.

Appointment of Counsel: Yes

Qualified: Yes

Key Development

March 14, 2025

HB2035

Creates pilot program to apparently test out new delivery model for legal services for children in neglect abuse/cases.

2025/03/19 Creating pilot program in three locations to provide publicly delivered legal services for children in juvenile abuse and neglect cases

Appointment of Counsel: Doesn't Affect

Qualified: No

Qualified

All Basic Human Needs

Legislation

Key Development

Discretionary appointment - "Convicts," minors, or "incompetent persons"

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

Appointment of Counsel: Discretionary

Qualified: Yes

Doesn't Affect

Forfeiture (incomplete)

Legislation

February 25, 2025

SB591

Provides counsel in controlled substances forfeiture matters where the person was represented by appointed counsel in the related criminal case

Appointment of Counsel: Doesn't Affect

Qualified: No

March 4, 2025

HB2383

Provides counsel in controlled substances forfeiture matters where the person was represented by appointed counsel in the related criminal case

Appointment of Counsel: Doesn't Affect

Qualified: No

February 20, 2025

HB2673

Provides counsel in controlled substances forfeiture matters where the person was represented by appointed counsel in the related criminal case

Appointment of Counsel: Doesn't Affect

Qualified: No

Doesn't Affect

Guardianship/Conservatorship of Children - Parent or Guardian

Legislation

February 12, 2025

HB2201

In adoptions/guardianships stemming from abuse matter, requiring appointed counsel for potential adoptive parents or guardians

Appointment of Counsel: Doesn't Affect

Qualified: No

Doesn't Affect

Termination of Parental Rights (Private) - Birth Parents

Legislation

February 12, 2025

HB2201

In adoptions/guardianships stemming from abuse matter, requiring appointed counsel for potential adoptive parents or guardians

Appointment of Counsel: Doesn't Affect

Qualified: No

Doesn't Affect

Termination of Parental Rights (State) - Birth Parents

Litigation

August 7, 2024

Dissent - WV should join majority of states in recognizing effective assistance in TPR

The dissent urged advocates to continue to raise the right to effective assistance of counsel for parents in TPR cases.

Appointment of Counsel: Doesn't Affect

Qualified: No

Categorical

Abuse/Neglect/Dependency - Accused Parents

Litigation

Key Development

Right to counsel

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

Appointment of Counsel: Yes

Qualified: No

Legislation

Key Development

Right to counsel

Indigent parents have a right to counsel in abuse/neglect proceedings.

Appointment of Counsel: Yes

Qualified: No

Qualified

Abuse/Neglect/Dependency - Children

Legislation

Key Development

Right to counsel

Children have a right to counsel in abuse/neglect proceedings.

Appointment of Counsel: Yes

Qualified: Yes

Qualified

All Basic Human Needs

Legislation

Key Development

Discretionary appointment - "Convicts," minors, or "incompetent persons"

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

Appointment of Counsel: Discretionary

Qualified: Yes

Categorical

Bypass of Parental Input into Abortion - Minor (Pre-Dobbs)

Legislation

Key Development

Right to counsel

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

Appointment of Counsel: Yes

Qualified: No

Categorical

Civil Commitment

Litigation

Key Development

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: Yes

Qualified: No

Legislation

Key Development

Right to counsel

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

Appointment of Counsel: Yes

Qualified: No

Categorical

Civil Contempt in Family Court

Litigation

Key Development

Right to counsel

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

Appointment of Counsel: Yes

Qualified: No

Legislation

Key Development

Right to counsel

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

Appointment of Counsel: Yes

Qualified: No

Discretionary

Custody Disputes - Children

Legislation

Key Development

Discretionary appointment of counsel

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

Appointment of Counsel: Discretionary

Qualified: No

Categorical

Forfeiture (incomplete)

Legislation

Key Development

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: Yes

Qualified: No

Categorical

Guardianship/Conservatorship of Adults - Protected Person

Legislation

Key Development

Right to counsel

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

Appointment of Counsel: Yes

Qualified: No

Discretionary

Housing - Discrimination

Legislation

Key Development

Discretionary appointment of counsel

The court may appoint counsel for a person alleging discriminatory housing practice.

Appointment of Counsel: Discretionary

Qualified: No

Qualified

Incarceration for Fees/Fines (incomplete)

Legislation

Key Development

Right to counsel

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

Appointment of Counsel: Yes

Qualified: Yes

Key Development

Right to counsel

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

Appointment of Counsel: Yes

Qualified: Yes

Qualified

Issues Related to Incarcerated People

Litigation

Key Development

Discretionary appointment of counsel - Conditions of confinement

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

Appointment of Counsel: Discretionary

Qualified: Yes

Qualified

Parentage - Defendant/Respondent

Litigation

Key Development

Right to counsel

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

Appointment of Counsel: Yes

Qualified: Yes

Qualified

Quarantine/Isolation

Litigation

Key Development

Right to counsel

There is a constitutional right to counsel for indigent persons confined due to tuberculosis.

Appointment of Counsel: Yes

Qualified: Yes

Legislation

Key Development

Right to counsel

There is a right to counsel for a person with tuberculosis subject to involuntary commitment, but not other isolation or quarantine orders.

Appointment of Counsel: Yes

Qualified: Yes

No Such Proceeding

Sexually Dangerous Persons - Commitment

Legislation

No such proceeding

There is no procedure in the state for confinement of a sexually dangerous/violent person.

Appointment of Counsel: No Such Proceeding

Qualified: No

No Such Proceeding

Sterilization

Legislation

No such proceeding

West Virginia statutes only allow sterilization in situations involving consent and not of those who are "incompetent" or minors.

Appointment of Counsel: No Such Proceeding

Qualified: No

Categorical

Termination of Parental Rights (State) - Birth Parents

Litigation

Key Development

Right to counsel

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

Appointment of Counsel: Yes

Qualified: No

Legislation

Key Development

Right to counsel

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

Appointment of Counsel: Yes

Qualified: No

Categorical

Termination of Parental Rights (State) - Children

Legislation

Key Development

Right to counsel

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

Appointment of Counsel: Yes

Qualified: No

Categorical

Truancy - Petition Against Child

Legislation

Key Development

Right to counsel

West Virginia children are entitled to counsel in truancy proceedings (which are treated as a status offense).

Appointment of Counsel: Yes

Qualified: No

The NCCRC works to advance the right to counsel for low-income people in civil cases involving basic human needs, such as housing, health, domestic violence, civil incarceration, and child custody.

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