Showcasing Support
How Advocacy Changes Lives
Written by Megan Bevins
I n West Virginia, many vulnerable populations are at risk due to a lack of legal support. However, organizations within the state are working to address this problem through promoting legal advocacy, where attorneys and volunteers represent individuals facing adversity and do their best to help reach a favorable and just outcome.
In circumstances where an individual faces prosecution but cannot afford to pay for private legal counsel, the State of West Virginia’ s indigent defense system steps in to provide attorneys who can help represent them. These advocates are known as public defenders and represent clients in criminal cases as well as abuse and neglect matters.
The indigent defense system consists of salaried attorneys and staff as well as private counsel workers whose invoices are paid by Public Defender Services( PDS).
The counsel assigned to a case or proceeding is determined by the circuit court presiding over it. If a public defender corporation operates within a judicial circuit, that corporation is appointed. If, in these situations, there is any conflict or the corporation is not operating at the time, the circuit court appoints an attorney from a list it maintains of those willing to take court appointments. Dana Eddy, executive director of PDS, says over 90 % of criminal cases are handled by these advocates.
“ These advocates are inextricably linked to the state’ s legal community,” Eddy says.“ The willingness of these advocates to work with public defender corporations or to take court appointments relieves other attorneys from being asked or mandated to assist the courts in resolving criminal cases and child abuse and neglect cases.”
Eddy explains that the main difference between court-appointed public defenders and private counsel is the difference in staff.
“ Accordingly, private counsel may expend substantial effort to provide services that would be done by the staff of a public defender corporation,” she says.“ PDS is committed to closing this gap in resources and is working with a national systems builder to do so.”
Eddy says PDS promotes a holistic defense, a collaborative effort that addresses both the underlying causes of the offense and the consequences of conviction.
“ Accordingly, attorneys also advocate for the resources clients need to address reasons for involvement in the criminal justice system or the child
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