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W.Va. Struggling To Pay Public Defenders

Posted: 4:57 pm EDT June 12, 2009Updated: 6:36 pm EDT June 12, 2009

Small, independent attorneys in the Ohio Valley say one of your constitutional rights is at risk. The state of West Virginia is so far behind on paying some of its public defenders that many say they can’t afford to do it anymore.

When Chris Scheetz graduated from law school at the University of Virginia, he wanted to come home to Follansbee and set up a small practice defending those who couldn’t afford legal help.

Half of his general practice comes from working as a court-appointed attorney. However, the state of West Virginia’s Public Defenders Service ran out of money in March and now owes him more than $31,000.

Scheetz says the payments he gets from the state are so erratic and so low that in some of the cases he handles, he’s only making around $5 an hour. He says it’s hard to conduct business that way.

As a result, Scheetz has had to hire a capital funding agency to cover his overhead and it’s affecting his staff.

“It’s very frustrating,” says Scheetz, “I’ve had to cut back on their benefits. I’ve had to cut back on their hours and they both have families of their own.”

Scheetz has written to state Sen. Jack Yost about his plight, as have other attorneys.

Ohio County has already had a few instances where individuals have refused to take on public defender cases because of the delay in reimbursements.

Scheetz has considered not taking public defender cases as well and fears that as the economy declines the poor, the mentally ill, and neglected children will struggle to find legal help. He is afraid that there will be many citizens who end up not having any counsel available to them.

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