HB 2732 - Increased Fees for Lawsuits - West Virginia Key Vote

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Title: Increased Fees for Lawsuits

Vote Smart's Synopsis:

Vote to pass a bill that expands the sources of revenue for the Supreme Court of Appeals Public Campaign Financing Fund.

Highlights:

  • Transfers $2 million from the Unclaimed Property Trust Fund to the Supreme Court of Appeals Public Campaign Financing Fund on or before July 1, 2011 (Sec. 1).
  • Requires the West Virginia State Bar to assess every attorney licensed to practice law a fee to be deposited in the fund beginning in fiscal year 2011-2012 as follows (Sec. 1):
    • $50 for attorneys licensed to practice law for three years or less;
    • $75 for attorneys licensed to practice law for more than three years; and
    • $65 for attorneys licensed to practice law on inactive status.
  • Requires circuit courts to assess a fee of $10 on every civil action, cause, suit, or proceeding that is filed or instituted to be deposited in the fund, with the following exceptions (Sec. 1):
    • Class actions (which are assessed a $20 fee collected from the nonprevailing party);
    • Domestic relations actions; and
    • Actions filed in forma pauperis.
  • Requires the assessment of a $10 fair administration of justice fee on each plaintiff in a divorce action filed in family court or in a civil action filed in magistrate court to be deposited in the fund, unless the action is filed by people without the means to fund the normal costs of a lawsuit (Sec. 1).
  • Requires the assessment of a $10 fair administration of justice fee on each plaintiff in a civil action filed in magistrate court at the time the case is filed, unless the action is filed in forma pauperis (Sec. 1).

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