November 7, 2023

November "Tuesday Legal Connect"

Earn FREE CLE Credit Providing Legal Information By Phone!

The State Bar needs volunteer attorneys each Tuesday evening in November from 6-8 p.m. to field legal questions from the public and provide legal information ONLY as part of the "Tuesday Legal Connect" program.

Volunteers from anywhere in the state can take calls remotely from their home, office, etc. All you need is a telephone and a computer/laptop/tablet.

This a great opportunity for solo practitioners, small and medium size law firms (adopt a night), those in large firms who have yet to volunteer this year, and for those in corporate or government jobs!

Volunteers will receive 1 free pro-bono CLE credit for each two-hour shift completed. The more evenings you volunteer, the more cle credits you can earn!

If you would be interested in helping in November, don’t delay - email David Frercks today at dfrercks@lawv.net

12^th Family Court Circuit Vacancy

The Judicial Vacancy Advisory Commission is currently receiving applications to fill the family court vacancy on the 12th Family Court Circuit serving Mercer and McDowell Counties. Candidates must submit their completed applications and letters of recommendation or comment no later than 5:00 p.m. on Friday, November 3, 2023.  For more information about the application process, please call the Office of General Counsel at 304-558-2000. Interviews will be held in Charleston on Wednesday, November 15, 2023.  

Click Here for the Application and Instructions

23^rd Family Court Circuit Vacancy

The Judicial Vacancy Advisory Commission is currently receiving applications to fill the family court vacancy on the 23rd Family Court Circuit serving Hampshire, Mineral, and Morgan Counties. Candidates must submit their completed applications and letters of recommendation or comment no later than 5:00 p.m. on Friday, November 3, 2023. For more information about the application process, please call the Office of General Counsel at 304-558-2000. Interviews will be held in Charleston on Wednesday, November 15, 2023.  

Click Here for the Application and Instructions

Request for Public Comment on Proposed Amendments

to Rule 2.4 of the Rules of Judicial Disciplinary Procedure

Public comments are sought on a proposed amendment to Rule 2.4 of the Rules of Judicial Disciplinary Procedure. The proposed amendment would modify the confidentiality rule regarding judicial disciplinary complaints or investigations.

All comments must be filed in writing with the Clerk of Court through File & ServeXpress in No. 22-748 no later than November 22, 2023.

Click Here to View the Order

6^th Judicial Circuit Court Vacancy

The Judicial Vacancy Advisory Commission is currently receiving applications to fill the judicial vacancy created by the retirement of Judge Christopher D. Chiles in the 6th Judicial Circuit Court serving Cabell County. Candidates must submit their completed applications and letters of recommendation or comment no later than 5:00 p.m. on Wednesday, November 29, 2023. For more information about the application process, please call the Office of General Counsel at 304-558-2000. Interviews will be held in Charleston on Wednesday, December 6, 2023.  

Click Here for the Application and Instructions

13^th Judicial Circuit Court Vacancy

The Judicial Vacancy Advisory Commission is currently receiving applications to fill the judicial vacancy created by the death of Judge Joanna I. Tabit in the 13th Judicial Circuit Court serving Kanawha County. Candidates must submit their completed applications and letters of recommendation or comment no later than 5:00 p.m. on Wednesday, November 29, 2023. Candidates who applied for a previous vacancy in the 13th Judicial Circuit may send an email to JVAC@wv.gov to express their interest in applying for this vacancy without submitting a new application and reinterviewing, though such applicants may request to reinterview. For more information about the application process, please call the Office of General Counsel at 304-558-2000. Interviews will be held in Charleston on Wednesday, December 6, 2023.  

Click Here for the Application and Instructions

Request for Public Comment on proposed amendments to Rules 29.07, 29.08, 29.09, and 29.10 of the

West Virginia Trial Court Rules (Business Court Rules)

Public comments are sought on proposed amendments to Rules 29.07, 29.08, 29.09, and 29.10 of the West Virginia Trial Court Rules (Business Court Rules). The proposed amendments would clarify that business court judges may hold hearings and trials in any county in the state if agreed to by all parties and the presiding judge. The proposed amendments would further allow for arbitration as an alternative dispute resolution in business court cases.

All comments must be filed in writing with the Clerk of Court through File & ServeXpress in No. 22-701 no later than December 22, 2023. 

Click Here to View the Order

TOYS FOR TOTS 2023

Update

The West Virginia State Bar's Veteran and Military Affairs Committee is participating in the Marine Corp Reserve's Toys for Tots Program again this year. Initial box drop off was October 31 for firms that had already agreed to participate.  The box pick-up will be on Friday, November 30. Details about sorting the toys will be provided when dates are set by the Marine Corps Reserve Office.  If you are still interested in volunteering to help by hosting a box, collecting, and/or sorting toys, please don’t hesitate to contact Anita Casey at caseya@wvbar.org. 



A special thank you to Scott Applegate for helping with dropping boxes off at 25 locations on October 31.

CLE Reporting Tip

The current CLE reporting period runs from July 1, 2022 to June 30, 2024. If you have already completed CLE for this reporting period you should report it NOW. Reporting CLE as you complete it will help you track whether or not you are in compliance for the reporting period, how many remaining credits you need to complete, and whether or not you have maxed out your 6 available carryover credits. Submitting an application for approval of a course is also easier if you do it as soon as you complete a course because you will more readily have the necessary application materials (detailed timed agenda; speaker bios and written course materials) on hand.  

PHV Annual Renewal Fees

How are the annual fees calculated and when does the attorney pay the annual renewal fee?

When an attorney is admitted pro hac vice in a WV civil action, the attorney must pay a fee of $350 to the WV State Bar pursuant to Rule 8 of the WV Rules for Admission to the Practice of Law. A separate fee must be paid for each civil action for which the attorney requests admission. In addition, if the attorney has been admitted for one year or more in one or more civil actions, the attorney must pay an annual fee of three hundred-fifty ($350) in addition to the application fee. The annual fee is charged per lawyer, not per civil action.

For example, if the attorney is admitted in one case on June 19, 2019, the attorney pays the initial $350 PHV admission fee. If that same attorney requests admission in 10 news cases on May 1, 2020, the attorney must pay the initial $350 PHV admission fee per civil action for a total of $3,500. The attorney must then pay one annual renewal fee of $350 by June 19, 2020. The oldest case (June 19, 2019) is the attorney’s annual renewal date and will trigger the annual fee notice. Even if the June 19, 2019 case settles or the attorney withdraws from the case, the June 19, 2019 case remains the oldest case in which the attorney requested and received admission and is still the attorney’s annual renewal date as long as the attorney is admitted PHV in any open civil action.  

The State Bar will send notice in advance of the due date for the annual fee, and will provide notice of the date when the annual fee will become delinquent. Failure to pay the annual fee within thirty days of the due date will result in termination of the attorney’s right to practice law in WV.

November 14, 2023

ANNUAL VETERANS' DAY OF SERVICE AND CLE

Host: The West Virginia State Bar's Veterans & Military Affairs Committee

CLE: Pending

Time: 9:00 a.m. to noon-- Free Legal Clinic for veterans will take place from 12:00 to 1 p.m.

The Veterans and Military Affairs Committee is hosting the Annual Veterans' Day of Service and CLE in both in-person and virtually on Tuesday, November 14th. In person locations include:

Beckley VAMC - Room 3C-115B, 3rd Floor "Acute Care Conference Room

Clarksburg - Chapel, Room 1125

Huntington - Rec Hall

Martinsburg - Room 1B-114

Presenters include: Christian Capece, Assistant Regional Director of the Federal Trade Commission, East Central Regional Office; Kayla Aungst, Staff Attorney at Legal Aid of WV; and the Veterans and Military Committee Co-Chair, Matthew Kelly. 

An agenda for the day's events will be available soon.

Topics for A Day of Service include: 

• Introduction to Landlord- Tenant Law in West Virginia
• Provision of Medical Statements & Completion of Forms by VA Health Care Providers
• Frauds, Scams, and Robocalls

Registration closes on Friday, November 10, 2023 at 11:59 p.m.

November 16, 2023 - 9:00 a.m. to Noon

Webinar

SO YOU WANNA BE A JUDGE – RUNNING FOR JUDICIAL OFFICE 

Host: Supreme Court of Appeals of West Virginia, the Judicial Investigation Commission, the West Virginia Secretary of State’s Office, and the West Virginia Ethics Commission

CLE: 3.2 credits in ethics/office management

Location: Live Webinar

Join JIC Counsel Teresa Tarr & Brian Lanham, Secretary of State General Counsel Donald Kersey, & Ethics Commission General Counsel Theresa Kirk to learn the dos and don’ts of running for judicial office in West Virginia.  

Contact Sara E. Thompson at Sara.Thompson@courtswv.gov with questions

Click Here For More Information and Registration Details

November 17, 2023 - CIP Lunch and Learn

Education Recovery

Host: Supreme Court of Appeals of West Virginia, Court Improvement Program

Time: Noon to 1 p.m.

CLE: 1 credit 

Platform: WebEx  

Cost: No cost

The Presentation will cover the following.

• Review Education Recovery Specialist Program

• Discuss goals of the Education Recovery Specialist

• Review referral process for foster youth

• Success of the Education Recovery Specialist

Click Here to Register

Question please contact kandi.greter@courtswv.gov