(a) Legal counsel and legal services for the director in all administrative hearings and all proceedings in any circuit court and the Supreme Court of Appeals shall be provided by the Attorney General or his or her assistants, an attorney employed by the director or, in proceedings in any circuit court, by the prosecuting attorney of the county wherein the action is instituted, all without additional compensation.
(b) The Governor may appoint counsel for the director, who shall perform legal services in representing the interests of residents in residential care communities in matters under the jurisdiction of the director, as the Governor shall direct. It is the duty of counsel so appointed to appear for the residents in all cases where they are not represented by counsel. The compensation of counsel so appointed shall be fixed by the Governor.
Structure West Virginia Code
Article 5N. Residential Care Communities
§16-5N-3. Powers, Duties, and Rights of Director
§16-5N-4. Administrative and Inspection Staff
§16-5N-5. Rules; Minimum Standards for Residential Care Communities
§16-5N-6. License Required; Application; Fees; Duration; Renewal
§16-5N-7. Cost Disclosure; Residents' Funds; Nursing Care; Fire Code
§16-5N-8. Investigation of Complaints
§16-5N-14. Legal Counsel and Services for the Director
§16-5N-15. Unlawful Acts; Penalties; Injunctions; Private Right of Action