CHARLESTON, W.Va. (WVDN) – While demand for court-appointed legal work has risen sharply over the past decade, the overwhelming majority of West Virginia counties currently lack an adequate number of attorneys available for appointment – a problem that will worsen as more attorneys plan to retire over the next five years.
The Supreme Court of Appeals of West Virginia today released a new report detailing the findings and recommendations of its Commission on the Future of the Practice of Law, a group appointed by the Court in April 2025 and tasked with identifying potential public policy changes and practical solutions to ensure there are enough attorneys practicing in the state to provide representation to the citizens who need it.
“We have heard repeatedly from judges around the state about the practical difficulties they’re facing due to the lack of attorneys available to do court-appointed work or because the existing pool of attorneys are covering so many cases it’s difficult to schedule hearings,” said Chief Justice C. Haley Bunn. “To address this, the Supreme Court voted last year to create the Commission to first establish quantifiable data detailing the scope of the problem, and then to propose potential solutions to address it.”
According to the report, while there has been a substantial increase in case filings which require court-appointed counsel over the past decade – specifically in child abuse and neglect cases – West Virginia has experienced a significant decline in private practice attorneys performing court-appointed work. Additionally, the situation is expected to worsen significantly over the next five years as 25 percent of private practice attorneys retire.
The 13-member Commission is chaired by Supreme Court Administrative Director Keith Hoover and features representatives from various sectors of the legal profession and state government, including the state and federal judiciary, Legislature and West Virginia State Bar.
“Our Commission has worked diligently over the past year to accumulate data, identify trends and study potential solutions, including reforms and best practices implemented in other states, to address structural challenges in our state’s legal system,” Hoover said. “We hope this work will help ensure our citizens have equal access to justice, due process and a legal system that can handle their cases effectively and efficiently.”
Among the report’s findings:
- The number of active, in-state attorneys declined 9.29 percent from 2014, outpacing overall population decline of 4.3 percent.
- At the same time, legal demand increased, with the number of child abuse and neglect cases – which typically require court-appointed counsel – increasing 36.63 percent.
- Approximately 248 active, in-state attorneys leave practice each year, with an average of only 203 new attorneys admitted to the bar – a net annual decline of 45 attorneys per year.
- Approximately 25 percent of West Virginia private practice attorneys plan to retire during the next five years.
- Only 32 percent of current private practice attorneys accept court-appointed assignments.
- Forty-six of West Virginia’s 55 counties classify as “legal deserts,” based on the definition established by the American Bar Association, meaning they have less than one attorney for every 1,000 residents.
To address these trends, the Commission recommended a series of potential policy proposals in the following areas:
- Ease restrictions for out-of-state lawyers to practice in West Virgina.
- Create targeted opportunities for new or recent law school graduates to open small firms in rural areas.
- Create incentives to retain existing court-appointed attorneys and encourage more lawyers to accept court-appointed work.
- Explore more opportunities for individuals to enter the legal profession as attorneys or non-lawyers.
- Seek new funding opportunities to support innovation and robust programs.
The Commission in its report included several ideas under each of those areas for policymakers to consider in order to address the overall goal.
“This report provides both a clear assessment of the challenges facing the legal profession in West Virginia and a roadmap for addressing them,” said Robby Aliff, President of the West Virginia State Bar and a member of the Commission.
“The need for talented lawyers has never been greater,” Aliff said. “As many experienced practitioners prepare to retire, law students and young lawyers have an unprecedented opportunity to build rewarding careers while serving their communities. By working together to implement the Commission’s recommendations, we can strengthen our profession and help ensure that every West Virginian has meaningful access to legal services for generations to come.”
The Commission will work with the Supreme Court, West Virginia State Bar, West Virginia University College of Law and lawmakers to review and discuss the recommendations in the coming months.
The full report is available here: Commission on the Future of the Practice of Law Findings and Recommendations with Appendix.pdf.
