(a) By separate order, the commission or a commissioner thereof, shall determine and award reasonable attorney’s fees, commensurate with services rendered and reimbursement for reasonable and necessary expenses actually incurred shall be paid from the Crime Victims Compensation Fund to the attorney representing a claimant in a proceeding under this article at the same rates as set forth in section thirteen-a, article twenty-one, chapter twenty-nine of this code. Attorney’s fees and reimbursement may be denied upon a finding that the claim or appeal is frivolous. Awards of attorney’s fees and reimbursement shall be in addition to awards of compensation, and attorney’s fees and reimbursement may be awarded whether or not an award of compensation is approved. An attorney shall not contract for or receive any larger sum than the amount allowed under this section. In no event may a prosecuting attorney or assistant prosecuting attorney represent any victim seeking compensation under this article.
(b) Each witness called by the commission to appear in a hearing on a claim for an award of compensation shall receive compensation and expenses in an amount equal to that received by witnesses in civil cases as provided in section sixteen, article one, chapter fifty-nine of this code to be paid from the Crime Victims Compensation Fund.
Structure West Virginia Code
Chapter 14. Claims Due and Against the State
Article 2A. Compensation Awards to Victims of Crimes
§14-2A-2. Legislative Findings; Purpose and Intent
§14-2A-4. Creation of Crime Victims Compensation Fund
§14-2A-6. Compensation of Commissioners Serving Under This Article
§14-2A-8. Commissioners' Oath of Office
§14-2A-9. Claim Investigators; Compensation and Expenses; Paralegals and Support Staff
§14-2A-10. Filing of Application for Compensation Award; Contents
§14-2A-11. Procedure for Filing of Application
§14-2A-12. Investigation and Recommendations by Claim Investigator
§14-2A-14. Grounds for Denial of Claim or Reduction of Awards; Maximum Award
§14-2A-14a. Establishing a Limitation on Benefits
§14-2A-17. Contempt Sanction Not Available
§14-2A-18. Effect of No Criminal Charges Being Filed or Conviction of Offender
§14-2A-19. Attorney and Witness Fees
§14-2A-19b. Rates and Limitations for Health Care Services
§14-2A-20. Budget Preparation; Procedure for Payment of Claims
§14-2A-21. Annual Report of West Virginia Legislative Claims Commission
§14-2A-22. State's Subrogation to Claimant's Rights
§14-2A-23. Subrogation Rights of Collateral Source
§14-2A-24. Award Not Subject to Execution or Attachment; Exceptions
§14-2A-27. Application of Article