GOVERNOR'S VETO EXPLANATION

Pursuant to Article V, Section 6 of the Constitution of Virginia, I am vetoing House Bill 967.

The general purpose of this bill is worthy of thorough analysis. It is recognized that the complexity of cases involving DNA profile evidence may warrant departures from the ordinary fee schedule for court-appointed counsel in the circuit court. However, as stated in my amendment message, further consideration must be given to the appropriate means of determining these departures.

This bill would permit the court to set the fee paid to court-appointed counsel in such cases at any level that the court deems reasonable. This approach raises concerns about the unknown, and uncontained, cost of legal representation in such cases.

A representative of the Supreme Court of Virginia has warned that this legislation may produce unintended results, in that it will give a litigant's attorney the ability to influence the level of his publicly funded compensation through the evidence the attorney chooses to introduce. This concern seems well-founded.

I proposed addition of a reenactment clause so that the General Assembly, the Supreme Court and my administration could seek to resolve this issue. This amendment was rejected, and therefore I am disapproving the bill.

I remain willing to work with the patron and other interested parties to study and develop appropriate legislation regarding the purpose of this bill.