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July 25, 2023
News
"Tuesday Legal Connect"
 
Your Fellow West Virginians Need Your Guidance!

The State Bar is in need of volunteer attorneys each Tuesday evening in August, 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.

Volunteers will receive 1 free pro-bono CLE credit for each two-hour shift completed. 

If you would be interested in helping in August, please email David Frercks as soon as possible at dfrercks@lawv.net
ANNUAL MEMBERSHIP REPORTING & FEE NOTICE
On June 13, 2023, an orange postcard was mailed to all Active, Active but not practicing, and Inactive Members via U. S. mail. The postcard contained instructions on how to complete annual reporting (FRD, IOLTA & Succession Planning - NOTE: This does not include CLE reporting) and pay annual fees for the 2023-2024 fiscal year. The deadline for reporting (FRD, IOLTA & Succession Planning - NOTE: Not CLE reporting) and paying annual membership fees is 11:59 p.m. September 1, 2023. 

The Bylaws of the WVSB and the Supreme Court's Administrative Rules of the State Bar do not provide for the waiver of penalties and reinstatement fees (non-military). Members are obligated to notify the WVSB within 10 days of any change in contact information (Bylaw 2.02). Notice to members is presumptively deemed adequate if transmitted using membership information on record with the WVSB (Bylaw 13.02). It is the duty of every member to keep informed about the payment of membership fees, and failure to receive notice of nonpayment or suspension shall not affect the operation of such suspension (Rule 3.03). Failure to receive the orange card does not relieve you of your responsibilities of reporting and paying your fees. 
PUBLIC NOTICE FOR REAPPOINTMENT
OF INCUMBENT MAGISTRATE JUDGE ABOULHOSN
 
The current term of office of United States Magistrate Judge Omar J. Aboulhosn, at Bluefield, West Virginia, is due to expire on December 31, 2023. The United States District Court is required by law to establish a panel of citizens to consider the reappointment of the magistrate judge to a new eight-year term.

The duties of a magistrate judge in this district include the following: (1) conducting most preliminary proceedings in criminal cases; (2) trial and disposition of misdemeanor cases; (3) conducting various pretrial matters and evidentiary proceedings on referral from the judges of the district court; and (4) conducting trial and disposition of civil cases upon consent of the litigants.

Comments are invited from members of the bar and the public as to whether the incumbent magistrate judge should be recommended by the panel for reappointment by the Court and should be placed in an envelope marked “CONFIDENTIAL” and directed to Rory L. Perry II, Clerk of Court, U.S. District Court, 300 Virginia Street East, P.O. Box 2546, Charleston WV 25329. Comments must be received by July 28, 2023.
13th Judicial Circuit Court Vacancy
The Judicial Vacancy Advisory Commission is currently receiving applications to fill the judicial vacancy created by the retirement of Judge Louis H. Bloom 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 Tuesday, August 8. 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 Tuesday, August 22, 2023.  

14th Judicial Circuit Court Vacancy
The Judicial Vacancy Advisory Commission is currently receiving applications to fill the judicial vacancy created by the retirement of Judge Richard A. Facemire in the 14th Judicial Circuit Court serving Braxton, Clay, Gilmer, and Webster Counties. Candidates must submit their completed applications and letters of recommendation or comment no later than 5:00 p.m. on Tuesday, August 8, 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 Tuesday, August 22, 2023.  

The West Virginia Senior Legal Aid
Executive Director Position
The West Virginia Senior Legal Aid seeks applicants for the position of Executive Director. The position requires an attorney who will be responsible for directing a small staff and all aspects of the agency’s operations, maintaining the finances, and answering legal questions on the hotline for senior citizens. Salary is negotiable based on experience and the program’s finances. If interested, send inquiries and resumes to Bob Bastress, robert.bastress@mail.wvu.edu or P.O. Box 6130, Morgantown, WV 26506 by no later than September 15, 2023.
CLE
We are HALF-WAY through the 2022-2024 CLE reporting period –
are you on track to complete your CLE credits?
 
  • The CLE reporting period ends June 30, 2024.
  • Active members must report a minimum of 24 CLE credits, including at least 3 credits in one of the four ethics categories. Lower CLE requirements apply to attorneys admitted to practice during the reporting period. Those attorneys should refer to Administrative Rule 6.04(a).
  • No more than half of the total CLE requirements may be satisfied by pre-recorded presentations with no interactive component. 
  • Over 40 FREE online CLE credits are available on the WV State Bar website. These are recordings of previously presented State Bar courses. These courses/credits may be used to meet your CLE requirements if you have not previously completed and reported the course in a prior reporting period. Click here for the list of courses and credits.
  • All CLE must be reported via the online member portal at www.mywvbar.org.
  • Check your CLE transcript for accuracy. Correction requests must be submitted in writing to volka@wvbar.org
  • Confirm any credits that have been imported for you by CLE providers – such credits are “pending” on your CLE transcript. Credits are not part of your CLE total until they are confirmed.
CLE Rule Spotlight
Important CLE Reporting Reminders for 2022-2024 Reporting Period
Administrative Rule 6.09(j) 

Administrative Rule 6.09(j) provides that simultaneous electronic synchronous broadcasts (which are essentially LIVE, fully interactive webcasts) can be approved/reported as live attendance credit if the courses otherwise meet the CLE approval standards. You must be attending the webcast live, it must be designed for interaction among a group of attorneys and you must have the ability to interact with the speakers and ask questions.
Pro Hac Vice Tip

West Virginia Rules for Admission to the Practice of Law

Rule 8.0 of the West Virginia Rules for Admission to the Practice of Law establishes the process for Pro Hac Vice admission. The motion for Pro Hac Vice admission and accompanying verified statement must be uploaded with the State Bar, which the State Bar will then review for compliance with the rule. Rule 8.0(b) states that local counsel must “maintain an actual physical office equipped to conduct the practice of law in the State of West Virginia, which office is the primary location from which local counsel practice law on a daily basis.” The State Bar is frequently asked if an attorney, who holds a West Virginia license but is located in another state or jurisdiction, can be the sponsoring attorney. The answer is no. The sponsoring local counsel must be physically located in the West Virginia office.  
Events
August 17-19, 2023
136th Annual Meeting of The West Virginia Bar Association
 
Sponsor: The West Virginia Bar Association
Location: The Greenbrier Resort, White Sulphur Springs, WV
CLE:  8.6 credits including 1 credit in Legal Ethics
Cost: See registration link

Conference registration closes on Wednesday, August 9, 2023 at midnight


A block of room at the Greenbrier Resort has been reserved for overnight rates start at $329 per room, per night plus applicable taxes and fees. Discounted rates are available Thursday, August 17, 2023 through Sunday, August 20, 2023. The reservation deadline was Tuesday, July 18, 2023

Contact Lindsey Scripture with questions at director@wvbarassociation.org
August 22, 2023
Protecting the Public: Civil Rights Enforcement in West Virginia
(Live In-Person Attendance Only)

Sponsor: United States Attorney’s Office for the Northern District of West Virginia
Location: WV School for the Deaf and Blind, 301 E Main St, Romney, WV 26757
CLE: 4.2 hours CLE credits
Cost: Free
Time: 1:00 p.m. – 5:00 p.m.

To Register Contact Anna O'Neil at anna.oneil@usdoj.gov


Free and open to the public. The “Protecting the Public: Civil Rights Enforcement in West Virginia” event is intended to educate members of the legal community about federal civil rights enforcement.
 
Presenters from the U. S. Attorney’s Office for the Northern District of West Virginia and the FBI will discuss tools for identifying, reporting, and preventing hate crimes. Further, the statutory mechanics of the Fair Housing Act (FHA) will be explained, and attendees will learn how to file complaints and obtain damages for persons experiencing discrimination in housing. Assistant U. S. Attorneys will provide an overview of the Americans with Disabilities Act (ADA), which includes information on accessibility requirements and protections afforded to service and emotional support animals. The event will conclude with a segment on environmental justice – the intersection of environmental law and Title VI of the Civil Rights Act.