{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-163.01.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-163.01.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-163.01.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-163.01.html"}],"law_id":63945,"edition_id":1,"section_id":63945,"structure_id":15103,"section_number":"19.2-163.01","catch_line":"Virginia Indigent Defense Commission established; powers and duties","history":"2004, cc. 884, 921; 2005, c. 230; 2006, cc. 429, 501; 2007, c. 371; 2008, cc. 536, 815; 2010, c. 314; 2021, Sp. Sess. I, cc. 344, 345.","full_text":"A\n\nThe Virginia Indigent Defense Commission (hereinafter Indigent Defense Commission or Commission) is established. The Commission shall be supervisory and shall have sole responsibility for the powers, duties, operations, and responsibilities set forth in this section.\n\t\t\tThe Commission shall have the following powers and duties:1\n\nTo publicize and enforce the qualification standards for attorneys seeking eligibility to serve as court-appointed counsel for indigent defendants pursuant to § 19.2-159.2\n\nTo develop initial training courses for attorneys who wish to begin serving as court-appointed counsel, and to review and certify legal education courses that satisfy the continuing requirements for attorneys to maintain their eligibility for receiving court appointments.3\n\nTo maintain a list of attorneys admitted to practice law in Virginia who are qualified to serve as court-appointed counsel for indigent defendants based upon the official standards and to disseminate the list by July 1 of each year and updates throughout the year to the Office of the Executive Secretary of the Supreme Court for distribution to the courts. In establishing and updating the list, the Commission shall consider all relevant factors, including but not limited to, the attorney’s background, experience, and training and the Commission’s assessment of whether the attorney is competent to provide quality legal representation.4\n\nTo establish official standards of practice for court-appointed counsel and public defenders to follow in representing their clients, and guidelines for the removal of an attorney from the official list of those qualified to receive court appointments and to notify the Office of the Executive Secretary of the Supreme Court of any attorney whose name has been removed from the list.5\n\nTo develop initial training courses for public defenders and to review and certify legal education courses that satisfy the continuing requirements for public defenders to maintain their eligibility.6\n\nTo periodically review and report to the Virginia State Crime Commission, the House and Senate Committees for Courts of Justice, the House Committee on Appropriations, and the Senate Committee on Finance and Appropriations on the caseload handled by each public defender office.7\n\nTo maintain all public defender offices established by the General Assembly.8\n\nTo hire and employ and, at its pleasure, remove an executive director, counsel, and such other persons as it deems necessary, and to authorize the executive director to appoint, after prior notice to the Commission, a deputy director, and for each of the above offices a public defender who shall devote his full time to his duties and not engage in the private practice of law.9\n\nTo authorize the public defender to employ such assistants as authorized by the Commission.10\n\nTo authorize the public defender to employ such staff, including secretarial and investigative personnel, as may be necessary to carry out the duties imposed upon the public defender office.11\n\nTo authorize the executive director of the Commission, in consultation with the public defender to secure such office space as needed, to purchase or rent office equipment, to purchase supplies and to incur such expenses as are necessary to carry out the duties imposed upon him.12\n\nTo approve requests for appropriations and receive and expend moneys appropriated by the General Assembly of Virginia, to receive other moneys as they become available to it and expend the same in order to carry out the duties imposed upon it.13\n\nTo require and ensure that each public defender office collects and maintains caseload data and fields in a case management database on an annual basis.14\n\nTo report annually on or before October 1 to the Virginia State Crime Commission, the House and Senate Committees for Courts of Justice, the House Committee on Appropriations, and the Senate Committee on Finance and Appropriations on the state of indigent criminal defense in the Commonwealth, including Virginia’s ranking amongst the 50 states in terms of pay allowed for court-appointed counsel appointed pursuant to § 19.2-159 or subdivision C 2 of § 16.1-266.B\n\nThe Commission shall adopt rules and procedures for the conduct of its business. The Commission may delegate to the executive director or, in the absence of the executive director, the deputy executive director, such powers and duties conferred upon the Commission as it deems appropriate, including powers and duties involving the exercise of discretion. The Commission shall ensure that the executive director complies with all Commission and statutory directives. Such rules and procedures may include the establishment of committees and the delegation of authority to the committees. The Commission shall review and confirm by a vote of the Commission its rules and procedures and any delegation of authority to the executive director at least every three years.C\n\nThe executive director shall, with the approval of the Commission, fix the compensation of each public defender and all other personnel in each public defender office. The executive director shall also exercise and perform such other powers and duties as may be lawfully delegated to him and such powers and duties as may be conferred or imposed upon him by law.","order_by":null,"text":{"0":{"id":232864,"text":"The Virginia Indigent Defense Commission (hereinafter Indigent Defense Commission or Commission) is established. The Commission shall be supervisory and shall have sole responsibility for the powers, duties, operations, and responsibilities set forth in this section.\n\t\t\tThe Commission shall have the following powers and duties:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":232865,"text":"To publicize and enforce the qualification standards for attorneys seeking eligibility to serve as court-appointed counsel for indigent defendants pursuant to § 19.2-159.","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":232866,"text":"To develop initial training courses for attorneys who wish to begin serving as court-appointed counsel, and to review and certify legal education courses that satisfy the continuing requirements for attorneys to maintain their eligibility for receiving court appointments.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":232867,"text":"To maintain a list of attorneys admitted to practice law in Virginia who are qualified to serve as court-appointed counsel for indigent defendants based upon the official standards and to disseminate the list by July 1 of each year and updates throughout the year to the Office of the Executive Secretary of the Supreme Court for distribution to the courts. In establishing and updating the list, the Commission shall consider all relevant factors, including but not limited to, the attorney’s background, experience, and training and the Commission’s assessment of whether the attorney is competent to provide quality legal representation.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":232868,"text":"To establish official standards of practice for court-appointed counsel and public defenders to follow in representing their clients, and guidelines for the removal of an attorney from the official list of those qualified to receive court appointments and to notify the Office of the Executive Secretary of the Supreme Court of any attorney whose name has been removed from the list.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":232869,"text":"To develop initial training courses for public defenders and to review and certify legal education courses that satisfy the continuing requirements for public defenders to maintain their eligibility.","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":232870,"text":"To periodically review and report to the Virginia State Crime Commission, the House and Senate Committees for Courts of Justice, the House Committee on Appropriations, and the Senate Committee on Finance and Appropriations on the caseload handled by each public defender office.","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"7":{"id":232871,"text":"To maintain all public defender offices established by the General Assembly.","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"A8"},"8":{"id":232872,"text":"To hire and employ and, at its pleasure, remove an executive director, counsel, and such other persons as it deems necessary, and to authorize the executive director to appoint, after prior notice to the Commission, a deputy director, and for each of the above offices a public defender who shall devote his full time to his duties and not engage in the private practice of law.","type":"section","prefixes":["A","8"],"prefix":"8","entire_prefix":"A8","prefix_anchor":"A8","level":2,"prior_prefix":"A7","next_prefix":"A9"},"9":{"id":232873,"text":"To authorize the public defender to employ such assistants as authorized by the Commission.","type":"section","prefixes":["A","9"],"prefix":"9","entire_prefix":"A9","prefix_anchor":"A9","level":2,"prior_prefix":"A8","next_prefix":"A10"},"10":{"id":232874,"text":"To authorize the public defender to employ such staff, including secretarial and investigative personnel, as may be necessary to carry out the duties imposed upon the public defender office.","type":"section","prefixes":["A","10"],"prefix":"10","entire_prefix":"A10","prefix_anchor":"A10","level":2,"prior_prefix":"A9","next_prefix":"A11"},"11":{"id":232875,"text":"To authorize the executive director of the Commission, in consultation with the public defender to secure such office space as needed, to purchase or rent office equipment, to purchase supplies and to incur such expenses as are necessary to carry out the duties imposed upon him.","type":"section","prefixes":["A","11"],"prefix":"11","entire_prefix":"A11","prefix_anchor":"A11","level":2,"prior_prefix":"A10","next_prefix":"A12"},"12":{"id":232876,"text":"To approve requests for appropriations and receive and expend moneys appropriated by the General Assembly of Virginia, to receive other moneys as they become available to it and expend the same in order to carry out the duties imposed upon it.","type":"section","prefixes":["A","12"],"prefix":"12","entire_prefix":"A12","prefix_anchor":"A12","level":2,"prior_prefix":"A11","next_prefix":"A13"},"13":{"id":232877,"text":"To require and ensure that each public defender office collects and maintains caseload data and fields in a case management database on an annual basis.","type":"section","prefixes":["A","13"],"prefix":"13","entire_prefix":"A13","prefix_anchor":"A13","level":2,"prior_prefix":"A12","next_prefix":"A14"},"14":{"id":232878,"text":"To report annually on or before October 1 to the Virginia State Crime Commission, the House and Senate Committees for Courts of Justice, the House Committee on Appropriations, and the Senate Committee on Finance and Appropriations on the state of indigent criminal defense in the Commonwealth, including Virginia’s ranking amongst the 50 states in terms of pay allowed for court-appointed counsel appointed pursuant to § 19.2-159 or subdivision C 2 of § 16.1-266.","type":"section","prefixes":["A","14"],"prefix":"14","entire_prefix":"A14","prefix_anchor":"A14","level":2,"prior_prefix":"A13","next_prefix":"B"},"15":{"id":232879,"text":"The Commission shall adopt rules and procedures for the conduct of its business. The Commission may delegate to the executive director or, in the absence of the executive director, the deputy executive director, such powers and duties conferred upon the Commission as it deems appropriate, including powers and duties involving the exercise of discretion. The Commission shall ensure that the executive director complies with all Commission and statutory directives. Such rules and procedures may include the establishment of committees and the delegation of authority to the committees. The Commission shall review and confirm by a vote of the Commission its rules and procedures and any delegation of authority to the executive director at least every three years.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A14","next_prefix":"C"},"16":{"id":232880,"text":"The executive director shall, with the approval of the Commission, fix the compensation of each public defender and all other personnel in each public defender office. The executive director shall also exercise and perform such other powers and duties as may be lawfully delegated to him and such powers and duties as may be conferred or imposed upon him by law.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":15103,"edition_id":1,"name":"Indigent Defense","identifier":"3.1","label":"article","depth":3,"order_by":1,"parent_id":15037,"metadata":{},"date_created":"2026-06-26 03:52:10","date_modified":"2026-06-26 03:52:10","permalink":{"id":168379,"object_type":"structure","relational_id":15103,"identifier":"3.1","token":"19.2\/10\/3.1","url":"\/19.2\/10\/3.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":15037,"edition_id":1,"name":"Disability of Judge or Attorney for Commonwealth; Court- Appointed Counsel; Interpreters; Transcripts","identifier":"10","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:51:40","date_modified":"2026-06-26 03:51:40","permalink":{"id":168319,"object_type":"structure","relational_id":15037,"identifier":"10","token":"19.2\/10","url":"\/19.2\/10\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":63945,"structure_id":15103,"section_number":"19.2-163.01","catch_line":"Virginia Indigent Defense Commission established; powers and duties","url":"\/19.2-163.01\/","token":"19.2\/10\/3.1\/19.2-163.01","metadata":false},{"id":76496,"structure_id":15103,"section_number":"19.2-163.01:1","catch_line":"Supplementing compensation of public defender","url":"\/19.2-163.01_1\/","token":"19.2\/10\/3.1\/19.2-163.01_1","metadata":false},{"id":65574,"structure_id":15103,"section_number":"19.2-163.02","catch_line":"Membership of Indigent Defense Commission; expenses","url":"\/19.2-163.02\/","token":"19.2\/10\/3.1\/19.2-163.02","metadata":false},{"id":57544,"structure_id":15103,"section_number":"19.2-163.03","catch_line":"Qualifications for court-appointed counsel","url":"\/19.2-163.03\/","token":"19.2\/10\/3.1\/19.2-163.03","metadata":false},{"id":80364,"structure_id":15103,"section_number":"19.2-163.04","catch_line":"Public defender offices","url":"\/19.2-163.04\/","token":"19.2\/10\/3.1\/19.2-163.04","metadata":false}],"next_section":{"id":76496,"structure_id":15103,"section_number":"19.2-163.01:1","catch_line":"Supplementing compensation of public defender","url":"\/19.2-163.01_1\/","token":"19.2\/10\/3.1\/19.2-163.01_1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-163.01\/","history_text":"

This law was first created in 2004. The record of its establishment is cataloged in chapters 884<\/a> and 921<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 5 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2005, chapter 230<\/a>; in 2006, chapters 429<\/a> and 501<\/a>; in 2007, chapter 371<\/a>; in 2008, chapters 536<\/a> and 815<\/a>; in 2010, chapter 314<\/a>.<\/p>","references":[{"id":78366,"section_number":"16.1-266","catch_line":"Appointment of counsel and guardian ad litem","order_by":null,"url":"\/16.1-266\/"},{"id":57328,"section_number":"19.2-159","catch_line":"Determination of indigency; guidelines; statement of indigence; appointment of counsel","order_by":null,"url":"\/19.2-159\/"},{"id":69984,"section_number":"19.2-160.1","catch_line":"Appointment of counsel in Class 1 felony cases or cases involving a felony punishable by a mandatory minimum term of confinement for life","order_by":null,"url":"\/19.2-160.1\/"},{"id":53963,"section_number":"2.2-2499.8","catch_line":"Cannabis Equity Reinvestment Fund","order_by":null,"url":"\/2.2-2499.8\/"},{"id":79685,"section_number":"53.1-124","catch_line":"Sheriffs and jail superintendents to report to the courts","order_by":null,"url":"\/53.1-124\/"}],"refers_to":[{"id":57328,"section_number":"19.2-159","catch_line":"Determination of indigency; guidelines; statement of indigence; appointment of counsel","order_by":null,"url":"\/19.2-159\/"}],"permalink":{"id":168381,"object_type":"law","relational_id":63945,"identifier":"19.2-163.01","token":"19.2\/10\/3.1\/19.2-163.01","url":"\/19.2-163.01\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-163.01\/","token":"19.2\/10\/3.1\/19.2-163.01","dublin_core":{"Title":"Virginia Indigent Defense Commission established; powers and duties","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-163.01","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Virginia Indigent<\/span> Defense Commission (hereinafter Indigent<\/span> Defense Commission or Commission) is established. The Commission shall be supervisory and shall have sole responsibility for the powers, duties, operations, and responsibilities set forth in this section.\n\t\t\tThe Commission shall have the following powers and duties: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> To publicize and enforce the qualification standards for attorneys seeking eligibility to serve as court<\/span>-appointed counsel<\/span> for indigent<\/span> defendants<\/span> pursuant to § 19.2-159<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> To develop initial training courses for attorneys who wish to begin serving as court<\/span>-appointed counsel<\/span>, and to review and certify legal education courses that satisfy the continuing requirements for attorneys to maintain their eligibility for receiving court<\/span> appointments. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> To maintain a list of attorneys admitted to practice law<\/span> in Virginia who are qualified to serve as court<\/span>-appointed counsel<\/span> for indigent<\/span> defendants<\/span> based upon the official standards and to disseminate the list by July 1 of each year and updates throughout the year to the Office of the Executive Secretary of the Supreme Court<\/span> for distribution to the courts<\/span>. In establishing and updating the list, the Commission shall consider all relevant factors, including but not limited to, the attorney’s background, experience, and training and the Commission’s assessment of whether the attorney is competent to provide quality legal representation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> To establish official standards of practice for court<\/span>-appointed counsel<\/span> and public defenders<\/span> to follow in representing their clients, and guidelines for the removal of an attorney from the official list of those qualified to receive court<\/span> appointments and to notify the Office of the Executive Secretary of the Supreme Court<\/span> of any attorney whose name has been removed from the list. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> To develop initial training courses for public defenders<\/span> and to review and certify legal education courses that satisfy the continuing requirements for public defenders<\/span> to maintain their eligibility. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> To periodically review and report to the Virginia State Crime<\/span> Commission, the House and Senate Committees for Courts<\/span> of Justice, the House Committee on Appropriations, and the Senate Committee on Finance and Appropriations on the caseload<\/span> handled by each public defender<\/span> office. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> To maintain all public defender<\/span> offices established by the General Assembly. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> To hire and employ and, at its pleasure, remove an executive director, counsel<\/span>, and such other persons as it deems necessary, and to authorize the executive director to appoint, after prior notice to the Commission, a deputy director, and for each of the above offices a public defender<\/span> who shall devote his full time to his duties and not engage in the private practice of law<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> To authorize the public defender<\/span> to employ such assistants as authorized by the Commission. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> To authorize the public defender<\/span> to employ such staff, including secretarial and investigative personnel, as may be necessary to carry out the duties imposed upon the public defender<\/span> office. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> To authorize the executive director of the Commission, in consultation with the public defender<\/span> to secure such office space as needed, to purchase or rent office equipment, to purchase supplies and to incur such expenses as are necessary to carry out the duties imposed upon him. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

12.<\/span> To approve requests for appropriations and receive and expend moneys appropriated by the General Assembly of Virginia, to receive other moneys as they become available to it and expend the same in order<\/span> to carry out the duties imposed upon it. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

13.<\/span> To require and ensure that each public defender<\/span> office collects and maintains caseload<\/span> data and fields in a case management database on an annual basis. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

14.<\/span> To report annually on or before October 1 to the Virginia State Crime<\/span> Commission, the House and Senate Committees for Courts<\/span> of Justice, the House Committee on Appropriations, and the Senate Committee on Finance and Appropriations on the state of indigent<\/span> criminal defense in the Commonwealth, including Virginia’s ranking amongst the 50 states in terms of pay allowed for court<\/span>-appointed counsel<\/span> appointed pursuant to § 19.2-159<\/a> or subdivision C 2 of § 16.1-266<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Commission shall adopt rules and procedures for the conduct of its business. The Commission may delegate to the executive director or, in the absence of the executive director, the deputy executive director, such powers and duties conferred upon the Commission as it deems appropriate, including powers and duties involving the exercise of discretion. The Commission shall ensure that the executive director complies with all Commission and statutory directives. Such rules and procedures may include the establishment of committees and the delegation of authority to the committees. The Commission shall review and confirm by a vote of the Commission its rules and procedures and any delegation of authority to the executive director at least every three years. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The executive director shall, with the approval of the Commission, fix the compensation of each public defender<\/span> and all other personnel in each public defender<\/span> office. The executive director shall also exercise and perform such other powers and duties as may be lawfully delegated to him and such powers and duties as may be conferred or imposed upon him by law<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nVIRGINIA INDIGENT DEFENSE COMMISSION ESTABLISHED; POWERS AND DUTIES (\u00a7\n19.2-163.01)\n\nA. The Virginia Indigent Defense Commission (hereinafter Indigent Defense\nCommission or Commission) is established. The Commission shall be supervisory\nand shall have sole responsibility for the powers, duties, operations, and\nresponsibilities set forth in this section.\n\t\t\tThe Commission shall have the following powers and duties:\n\n 1. To publicize and enforce the qualification standards for attorneys seeking\n eligibility to serve as court-appointed counsel for indigent defendants\n pursuant to § 19.2-159.\n\n 2. To develop initial training courses for attorneys who wish to begin serving\n as court-appointed counsel, and to review and certify legal education courses\n that satisfy the continuing requirements for attorneys to maintain their\n eligibility for receiving court appointments.\n\n 3. To maintain a list of attorneys admitted to practice law in Virginia who\n are qualified to serve as court-appointed counsel for indigent defendants\n based upon the official standards and to disseminate the list by July 1 of\n each year and updates throughout the year to the Office of the Executive\n Secretary of the Supreme Court for distribution to the courts. In establishing\n and updating the list, the Commission shall consider all relevant factors,\n including but not limited to, the attorney’s background, experience, and\n training and the Commission’s assessment of whether the attorney is\n competent to provide quality legal representation.\n\n 4. To establish official standards of practice for court-appointed counsel and\n public defenders to follow in representing their clients, and guidelines for\n the removal of an attorney from the official list of those qualified to\n receive court appointments and to notify the Office of the Executive Secretary\n of the Supreme Court of any attorney whose name has been removed from the\n list.\n\n 5. To develop initial training courses for public defenders and to review and\n certify legal education courses that satisfy the continuing requirements for\n public defenders to maintain their eligibility.\n\n 6. To periodically review and report to the Virginia State Crime Commission,\n the House and Senate Committees for Courts of Justice, the House Committee on\n Appropriations, and the Senate Committee on Finance and Appropriations on the\n caseload handled by each public defender office.\n\n 7. To maintain all public defender offices established by the General\n Assembly.\n\n 8. To hire and employ and, at its pleasure, remove an executive director,\n counsel, and such other persons as it deems necessary, and to authorize the\n executive director to appoint, after prior notice to the Commission, a deputy\n director, and for each of the above offices a public defender who shall devote\n his full time to his duties and not engage in the private practice of law.\n\n 9. To authorize the public defender to employ such assistants as authorized by\n the Commission.\n\n 10. To authorize the public defender to employ such staff, including\n secretarial and investigative personnel, as may be necessary to carry out the\n duties imposed upon the public defender office.\n\n 11. To authorize the executive director of the Commission, in consultation\n with the public defender to secure such office space as needed, to purchase or\n rent office equipment, to purchase supplies and to incur such expenses as are\n necessary to carry out the duties imposed upon him.\n\n 12. To approve requests for appropriations and receive and expend moneys\n appropriated by the General Assembly of Virginia, to receive other moneys as\n they become available to it and expend the same in order to carry out the\n duties imposed upon it.\n\n 13. To require and ensure that each public defender office collects and\n maintains caseload data and fields in a case management database on an annual\n basis.\n\n 14. To report annually on or before October 1 to the Virginia State Crime\n Commission, the House and Senate Committees for Courts of Justice, the House\n Committee on Appropriations, and the Senate Committee on Finance and\n Appropriations on the state of indigent criminal defense in the Commonwealth,\n including Virginia’s ranking amongst the 50 states in terms of pay\n allowed for court-appointed counsel appointed pursuant to § 19.2-159 or\n subdivision C 2 of § 16.1-266.\n\nB. The Commission shall adopt rules and procedures for the conduct of its\nbusiness. The Commission may delegate to the executive director or, in the\nabsence of the executive director, the deputy executive director, such powers\nand duties conferred upon the Commission as it deems appropriate, including\npowers and duties involving the exercise of discretion. The Commission shall\nensure that the executive director complies with all Commission and statutory\ndirectives. Such rules and procedures may include the establishment of\ncommittees and the delegation of authority to the committees. The Commission\nshall review and confirm by a vote of the Commission its rules and procedures\nand any delegation of authority to the executive director at least every three\nyears.\n\nC. The executive director shall, with the approval of the Commission, fix the\ncompensation of each public defender and all other personnel in each public\ndefender office. The executive director shall also exercise and perform such\nother powers and duties as may be lawfully delegated to him and such powers and\nduties as may be conferred or imposed upon him by law.\n\nHISTORY: 2004, cc. 884, 921; 2005, c. 230; 2006, cc. 429, 501; 2007, c. 371;\n2008, cc. 536, 815; 2010, c. 314; 2021, Sp. Sess. I, cc. 344, 345.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}