Item 74 | First Year - FY1997 | Second Year - FY1998 |
|---|---|---|
| Legal Advice (32000) | $31,945,847 | $34,630,050 |
| Financial Assistance to Local Attorneys for the Commonwealth (32001) | FY1997 $31,945,847 | FY1998 $34,630,050 |
| Fund Sources: | ||
| General | FY1997 $31,945,847 | FY1998 $34,630,050 |
Authority: Title 14.1, Chapter 1, Articles 7 and 8, Code of Virginia.
A.1. The annual salaries of attorneys for the Commonwealth shall be as hereinafter prescribed according to the population of the city or county served except as otherwise provided in § 14.1-62, Code of Virginia.
| July 1, 1996 | December 1, 1996 | December 1, 1997 | |
| to | to | to | |
| November 30, 1996 | November 30, 1997 | June 30, 1998 |
| Less than 10,000 | $35,227 | $36,759 | $37,494 |
| 10,000-19,999 | $39,145 | $40,848 | $41,665 |
| 20,000-34,999 | $43,059 | $44,932 | $45,831 |
| 35,000-44,999 | $77,505 | $80,876 | $82,494 |
| 45,000-99,999 | $86,115 | $89,861 | $91,658 |
| 100,000-249,999 | $89,345 | $93,231 | $95,096 |
| 250,000 and above | $92,575 | $96,602 | $98,534 |
2. The attorneys for the Commonwealth and their successors who serve on a full time basis pursuant to §§ 14.1-53, 15.1-50.1, 15.1-50.3, 15.1-821, or 15.1-821.1, Code of Virginia shall receive salaries as if they served localities with populations between 35,000 and 44,999.
3. Whenever an attorney for the Commonwealth is such for a county and city together, or for two or more cities, the aggregate population of such political subdivisions shall be the population for the purpose of arriving at the salary of such attorney for the Commonwealth under the provisions of this paragraph and such attorney for the Commonwealth shall receive as additional compensation the sum of one thousand dollars.
B. No expenditure shall be made out of the amount for Financial Assistance to Local Attorneys for the Commonwealth for the employment of investigators, clerk-investigators or other investigative personnel in the office of an attorney for the Commonwealth.
C. Consistent with the provisions of § 19.2-349, Code of Virginia, attorneys for the Commonwealth may, in addition to the options otherwise provided by law, employ individuals to assist in collection of outstanding fines, costs, forfeitures, penalties, and restitution. Notwithstanding any other provision of law, beginning on the date upon which the order or judgment is entered, the costs associated with employing such individuals may be paid from the proceeds of the amounts collected provided that the cost is apportioned on a pro-rata basis according to the amount collected which is due the state and that which is due the locality. The attorneys for the Commonwealth shall account for the amounts collected and apportion costs associated with the collections consistent with procedures issued by the Auditor of Public Accounts.
D. The provisions of this act notwithstanding, no Commonwealth's Attorney, Public Defender or employee of a Public Defender shall be paid or receive reimbursement for the state portion of a salary in excess of the salary paid to judges of the Circuit Court. Nothing in this paragraph shall be construed to limit the ability of localities to supplement the salaries of locally elected constitutional officers or their employees.
E.1. Included in this appropriation is $1,076,211 the first year and $3,242,715 the second year from the general fund for 176 positions to establish a Statewide Juvenile Justice Project, as set out in paragraphs E.2., E.3., and E.4. of this item.
2. a. The Compensation Board shall allocate $825,053 the first year and $2,484,327 the second year from the general fund for 45 Assistant Commonwealth's Attorney I positions the first year and 104 Assistant Commonwealth's Attorney I positions the second year, as part of the Statewide Juvenile Justice Project. The Compensation Board shall proportionately allocate these positions, in rank order, upon the request of the Commonwealth's Attorney to those localities with the highest need, and with a Juvenile Justice Attorney Allocation of at least 0.25 as determined by the methodology in paragraphs E.2.b. through E.2.e. of this item. The Compensation Board shall not allocate part-time assistant Commonwealth's Attorney positions (allowed to engage in the private practice of law) to part-time offices eligible to convert to full-time status, or to full-time offices receiving one or more assistant Commonwealth's Attorney positions.
b. Local Delinquency Caseload Factor: For each of the two most recent years the Compensation Board shall: 1) obtain the percentage of total Juvenile Court caseloads that are published for each locality in a Juvenile and Domestic Relations Court District in the annual State of the Judiciary Report, 2) multiply the total number of new delinquency cases for each Juvenile and Domestic Relations Court District as reported by the Executive Secretary of the Supreme Court in the annual State of the Judiciary Report by the percentage for each locality obtained in paragraph E.2.b.1., and 3) multiply the local delinquent caseload for each locality derived in paragraph E.2.b.2. by 2.0 to obtain the Local Delinquency Caseload Factor.
c. Local Domestic Relations Felony Caseload Factor: For each of the two most recent years the Compensation Board shall: 1) multiply the total number of new domestic relations felony cases for each Juvenile and Domestic Relations Court District as reported by the Executive Secretary of the Supreme Court in the annual State of the Judiciary Report by the percentage for each locality obtained in paragraph E.2.b.1., and 2) multiply the local domestic relations felony caseload for each locality derived in paragraph E.2.c.1. by 3.0 to obtain the Local Domestic Relations Felony Caseload Factor.
d. Weighted Workload Factor: The Compensation Board shall: 1) add the Local Delinquency Caseload Factor for year one derived in paragraph E.2.b. to the Local Domestic Relations Felony Caseload Factors for year one derived in paragraph E.2.c, 2) add the Local Delinquency Caseload Factor for year two derived in paragraph E.2.b. to the Local Domestic Relations Felony Caseload Factors for year two derived in paragraph E.2.c, 3) add the result obtained in paragraph E.2.d.1. to the result obtained in paragraph E.2.d.2. and divide by 2.0 to obtain the Weighted Workload Factor for each locality.
e. Juvenile Justice Attorney Allocation: The Compensation Board shall: 1) divide the Weighted Workload Factor derived in paragraph E.2.d. by the Compensation Board approved caseload factor per attorney for each office, without consideration of the number of attorneys obtained by this paragraph, 2) if the result obtained in paragraph E.2.e.1 is less than 0.5, such result shall be rounded to zero if 0.24 or less, and 0.50 if the result is 0.25 to 0.49, 3) if the result obtained in paragraph E.2.e.1 is 0.50 or greater, such result shall be rounded to the next highest half of a position.
3. The Compensation Board shall allocate $64,455 the first year and $193,364 the second year from the general fund for 10 paralegal positions the first year and 15 paralegal positions the second year, as part of the Statewide Juvenile Justice Project. The Compensation Board shall proportionally allocate these positions, in rank order, upon the request of the Commonwealth's Attorney, to those localities with the highest need, and at a ratio not to exceed one paralegal position to every four Compensation Board funded attorneys allocated pursuant to the provisions of paragraph E.2., of this item.
4. The Compensation Board shall allocate $186,703 the first year and $565,023 the second year from the general fund for 31 secretarial positions the first year and 57 secretarial positions the second year, as part of the Statewide Juvenile Justice Project. The Compensation Board shall proportionally allocate these positions, in rank order, upon the request of the Commonwealth's Attorney, to those localities with the highest need, and at a ratio not to exceed one secretarial position to every two Compensation Board funded attorneys allocated pursuant to the provisions of paragraph E.2., of this item.
5. In requesting the additional positions authorized by paragraphs E.2., 3., and 4., of this item, the Commonwealth's Attorney shall certify to the Compensation Board that the position or positions, if allocated by the Compensation Board, will be solely devoted to used primarily, if not exclusively, for the prosecution of delinquency, and domestic relations felony cases, as defined in this section.
F. There is hereby reappropriated the unexpended balance remaining at the close of business on June 30, 1996, in the appropriation made in Item 83 of Chapter 853, Acts of Assembly (1995), and any amendment thereto, in the subprogram Legal Advice, and the balance remaining in this subprogram on June 30, 1997.