2018 Special Session I

Budget Amendments - HB5002 (Senate Committee Approved)

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Waivers for Court-Appointed Counsel (language only)

Item 35 #2s

Item 35 #2s

Judicial Department
Supreme Court


Page 26, line 26, after "." insert:

"Should the funds appropriated to pay for waivers become insufficient before the end of the fiscal year and funds remain in the criminal fund appropriation, the Executive Secretary may transfer up to $500,000 from the criminal fund for payment of waivers for court appointed attorneys that have been approved by circuit court and district court judges.  Notwithstanding the provisions of § 19.2-163, Code of Virginia, or any other provision of law to the contrary, certification by the Executive Secretary as to sufficiency of  funds appropriated to pay for waivers may be delayed as long as, and to the extent that, funds remain in the criminal fund and can be transferred for payment of  waivers for court appointed attorneys."


(This amendment provides the Executive Secretary of the Supreme Court the authority to transfer up to $500,000 from existing Criminal Fund appropriation to cover the funding of additional fee waivers for court-appointed counsel when funding for fee waivers has been exhausted prior to fiscal year end.)