Waiver of fees and costs for indigents

A person seeking waiver of fees, costs, or security pursuant to W. Va. Code §59-2-1, shall execute before the clerk where the matter is pending a fee waiver affidavit which shall be kept confidential. An additional fee waiver affidavit shall be filed whenever the financial condition of the person no longer conforms to the financial condition established by the Supreme Court of Appeals for determining inability to pay fees or whenever an order has been entered directing the filing of a new affidavit. The fee waiver affidavit shall be reviewed pursuant to W. Va. Code §59-2-1(d) by the presiding court to determine whether the person seeking the waiver qualifies as established by the West Virginia Supreme Court. If the court determines that the person does not qualify, the court shall assess the costs and fees in Rule 5 of these rules. Rule 7. Confidentiality of proceedings. (a) Hearings. Attendance at all proceedings brought pursuant to W. Va. Code §55-7J-1, et seq. shall be limited to the parties, counsel, persons entitled to notice and the right to be heard, witnesses while testifying, Adult Protective Services personnel, and other persons whom the circuit court determines have a legitimate interest in the proceedings. (b) Court Records. All records and information maintained by the courts in financial exploitation proceedings shall be kept confidential except as otherwise provided in this rule. In the interest of assuring that any determination made in proceedings before a circuit or magistrate court arising under W. Va. Code, Chapter 55, or W. Va. Code §61-2-29B, does not contravene any determination made by a circuit court in a related prior or pending financial exploitation case arising under W. Va. Code, Chapter 55, magistrate courts and staff shall have access to all circuit court orders and case indexes in this State in all such related Chapter 55 proceedings.