Harrison County Child Advocacy Center

Bar Foundation Grants have been awarded to the following groups and organizations:

• Legal Aid of WV-Legal Needs Survey for low income citizens.
• Wheeling Academy of Law and Science (WALS) Foundation-Mock Trial program for students.
• ChildLaw Services-Legal Services for children in Southern West Virginia.
• WV Public Broadcasting-Closed captioning for The Law Works program.
• Charleston Catholic High School-Provision of health care directives to low income citizens.
• Wheeling Jesuit University-Constitution Day program for citizens.
• Junior Achievement- Student leadership program.
• WV Supreme Court-Law Adventure program for middle school students presenting court trials.
• WV Civics Literacy Council-Program to teach civic literacy in school system
• Legal Aid of WV-Implementation of statewide telephone access and legal assistance hotline system.
• The Resource-Initiation of IOLTA Comparability Rule.
• West Virginia University College of Law-Brazil International Law Study Abroad Scholarships.
• We, the People-Participation by WV high school students in national constitution program.
• Harrison County Child Advocacy Center-Forensic interview program for child victims of sexual abuse.
• WV Association of Counties-Documentary film on State’s fifty-five county courthouses.
• Fayette County Education Fund-Student Leadership Program on legal and justice matters.
• WV Alliance for Children-Guardian ad litem handbook.
• Family Counseling Connection-Child abuse and neglect staff training.
• Hi-Y Leadership Center-High school student civic education session.
• The Law Works-Legal affairs public television program

Bar Brief – 11

NEW LAWYERS ADMISSION CEREMONY

On October 20 and 28, approximately 120 new lawyers were admitted as members of the legal profession in West Virginia in a customarily memorable ceremony before the Justices of the Supreme Court of Appeals. There were four separate swearing-in events with family members and friends in attendance for the wonderful occasion. Several lawyers and members of the judiciary made specific admission motions for their relatives, friends or law office associates. The vast majority of the new admittees were lawyers who had just received their law degrees, passed the bar examination and complied with the WV Board of Law Examiners requirements in the previous months. Each new lawyer received a packet of materials regarding the Bar Foundation’s programs and services, including the IOLTA Compliance Form.

JUDGE BERGER

On October 28, Kanawha County Circuit Court Judge Irene C. Berger was unanimously confirmed by the U. S. Senate to become a U. S. District Court Judge for the Southern District of West Virginia. Senators Byrd and Rockefeller recommended Judge Berger and President Obama nominated her earlier this year. Judge Berger will take the place of U. S. District Court Judge David A. Faber, who has assumed Senior Status. There will be a formal swearing in ceremony for Judge Berger in the near future. Both Judge Berger and Judge Faber are West Virginia Bar Foundation Fellows.

BAR FOUNDATION WEBSITE

The Bar Foundation and its Board of Directors are pleased to announce that the well regarded Bar Foundation website—-www.wvbarfoundation.org—-has been dramatically changed and upgraded. Action was taken to move beyond the basic original website that had been in existence for a little over one year to a fuller, more proactive website with greater amounts of facts and information about the Bar Foundation’s programs, services, activities and accomplishments. Please take a look at the enhanced website and please provide us with your input.

Letter From The President

On behalf of the West Virginia Bar Foundation and its Board of Directors, we welcome you to our website.

The Bar Foundation, the philanthropic organization for the legal profession and justice system in West Virginia, has several responsibilities and programs in which it is involved. It is the owner of the West Virginia State Bar Center and the Lawyer Disciplinary Board buildings in Charleston, it gives grants to organizations that provide legal services to low income citizens and that improve the administration of justice and it selects the Bar Foundation Fellows, who are outstanding lawyers and members of the judiciary.

The most important activity of the Bar Foundation is its duty to administer the Interest on Lawyer Trust Accounts (IOLTA) Program. Since its inception in 1990 by an Order of the Supreme Court of Appeals of West Virginia, our IOLTA program has generated more than $13 million to fund free civil legal services for low income men, women and children here in our state.

We encourage you to become a regular and frequent user of our fine website to learn more about the important activities and benefits of our organization.

Thank you for your cooperation and consideration. Please do not hesitate to give us your input about our website as well as our services and activities.

John H. Tinney, President

Bar Brief – 10

FAYETTE COUNTY EDUCATION FUND

The Bar Foundation has provided a grant to support the Leadership Fayette County Program, an annual series of sessions for high school students so that they can become tomorrow’s leaders in our communities. The grant funds were designated for the Justice System and Government sessions that meet the necessary grant guidelines. The sponsor of this excellent endeavor is the Fayette County Education Fund, whose President is David Pollard. He expressed his Fund’s appreciation for the grant which “makes it possible for us to deliver quality Leadership training programs to our youth….” Since beginning the grants program six years ago, the Bar Foundation has distributed more than $65,000 to worthwhile organizations in WV to improve the administration of justice and the provision of legal services, with more than $43,000 being granted in just the past 16 months.

BOARD OF DIRECTORS

Last month, the Bar Foundation held its quarterly meeting at the State Bar Center in Charleston. The Board, which consists of fifteen lawyers from all parts of the state and all types of law practice, took action on several matters. It reviewed the Bar Foundation’s financial condition, including the immediate past and the current fiscal year budgets, made preparations for the annual independent audit, approved almost $100,000 in IOLTA and Bar Foundation regular and special grants, agreed upon various committee appointments and received reports on several Bar Foundations activities and services.

BAR FOUNDATION FACILITIES

The Bar Foundation’s Board of Directors has received information regarding the intention of the WV State Bar to consider moving from its present office location at 2006 Kanawha Blvd., East, in Charleston. The Bar Foundation has been the owner of that building since 1989 when it was requested by the State Bar to purchase the facility to be used as the offices for the State Bar. The Bar Foundation then purchased the building next door at 2008 Kanawha Blvd., East, in 2001, at the request of the State Bar, to serve as the offices for the Lawyer Disciplinary Board/Office of Disciplinary Counsel. The leaders of the LDB/ODC have expressed their satisfaction with that building and their desire to remain in that facility. The current three year leases on both buildings are set to expire on June 30, 2010.

Bar Brief – 9

CONSTITUTION DAY-
On September 17, numerous events and ceremonies were held around West Virginia to celebrate Constitution Day. The federal law which declared that Constitution Day would be a time to remember and honor our constitutional freedoms was spearheaded by U.S. Senator Robert C. Byrd. At the Federal Courthouse in Charleston, the U.S. District Court, with Chief Judge Joseph R. Goodwin presiding, held a public event that included a video message from Senator Byrd, thought provoking remarks by the Guest Speaker, former WV Supreme Court Justice Richard F. Neely, memorable music, the ringing of bells for freedom and the distribution of pocket constitutions for the large crowd in attendance.

IOLTA PROGRAM-
Earlier in September, the Interest on Lawyer Trust Accounts (IOLTA) program Advisory Committee held its quarterly meeting. The group, chaired by Tom Flaherty(Charleston), consists of diverse individuals from the judicial system, lawyers, legal aid entities, financial institutions and the general public. The Committee reviewed the IOLTA funding situation, which has shown a decrease during the recent difficult economic times, but not nearly to the extent experienced by the vast majority of the other 49 states which all have IOLTA programs. In accordance with the WV Supreme Court Order for the IOLTA program, the Committee recommended that $96,500 be distributed to the seven legal services entities that provide free civil legal assistance to low income West Virginians. The Bar Foundation Board of Directors approved the recommendation and the funds were dispersed.

INDEPENDENT COMMISSION ON JUDICIAL REFORM-
During September, the Independent Commission on Judicial Reform, initiated by Governor Manchin, held three public meetings in Huntington, Morgantown and Charleston to gather facts and information regarding several aspects of the State’s judicial system. The Commission consists of eight lawyers from all types of law practice and all parts of the West Virginia, as well as a national state courts expert with former U.S. Supreme Court Justice Sandra Day O’Connor serving as Honorary Chairperson. This is the first extensive review of the judicial system since the mid-1970’s when the Judicial Reorganization Act went into effect. The Commission has a deadline of November 15, 2009 to present its report and recommendations to Governor Manchin.

Bar Brief – 8

SUPREME COURT RECEPTION AND DOCUMENTARY

The Annual Reception to honor the Justices of the West Virginia Supreme Court was held on September 2 on the first day that the Court heard arguments as it began its fall term. The event, sponsored by the WV State Bar, was attended by many lawyers and members of the judiciary from around the state. The Court presented a newly released documentary on the history and the important work accomplished by the Court and the other aspects of the judicial system. The excellent video was narrated by Justice Thomas McHugh and is being distributed widely, including all schools in WV, many groups and any person who requests it. Supreme Court staff members Jennifer Bundy and Steve Canterbury, pictured above, were instrumental in this outstanding effort based upon the creative concept initially put forth by Supreme Court Clerk Rory Perry.

IOLTA FDIC RULE

On September 1, the Federal Deposit Insurance Corporation (FDIC) published its final rule, amending the Temporary Liquidity Guarantee Program (TLGP) and extending the Transaction Account Guarantee Program (TAG) for six months, until June 30, 2010. Under the final Rule, funds in Interest on Lawyer Trust Accounts (IOLTA) accounts will continue to be fully guaranteed by the FDIC, without limit, for participating financial institutions. Institutions will have the option to opt-out of the extended TAG coverage, and as in the initial Rule, are required to prominently display their status as either participating or not participating. The WV Bar Foundation, which administers the IOLTA program under an Order of the WV Supreme Court, and its IOLTA Advisory Committee, were involved in the original FDIC Rule that provided unlimited insurance coverage for IOLTA accounts and was set to expire in December, 2009, until this extension was granted to June 30, 2010.

DIALOGUE PUBLICATION

For many years, the American Bar Association has published the Dialogue magazine. It is the magazine of the ABA Division for Legal Services, which concentrates on news and topical information about the delivery of legal services to low and moderate income people. For the first time ever, the 2009 summer issue of the magazine highlighted a WV endeavor, the very popular and very successful law student intern program at the West Virginia University College of Law, the Fund for Law in the Public Interest. The Professor in charge of this innovative program is the distinguished Charles R. DiSalvo. The Professor’s article demonstrates the impressive benefits for the law students who participate and, most importantly, for the low income citizens who receive advice and counsel regarding their legal needs. The Dialogue magazine is sent to thousands of lawyers and judges all over the world, as well as being on the ABA’s website. The article is located here:

http://www.abanet.org/legalservices/dialogue/

Bar Brief – 7

GRANTS PROGRAM

The West Virginia Bar Foundation’s Grants Program continues to provide necessary funding for worthwhile organizations throughout the state that improve the administration of justice and the provision of legal services for our citizens. The Bar Foundation’s Board of Directors, consisting of fifteen lawyers from all parts of WV and all types of law practice, has deepened its strong commitment in this area by increasing the amount of money set aside in its budget for the current July 1, 2009-June 30, 2010 fiscal year. The grant application form and  the list of grantees are located on the Bar Foundation’s website—-www.wvbarfoundation.org—- in addition to lots more facts and information about the Bar Foundation. Grant applications are reviewed by the Grants Committee and the Board of Directors at their quarterly meetings.

BAR FOUNDATION MEMBERSHIP

At the end of June, all active practicing lawyers in WV received the dues membership notice, as well as information regarding the IOLTA program, in a Bar Foundation mailing. The Annual Membership Dues remain the same ($50) and the Lifetime Membership Dues have not changed ($500). The Membership Dues are utilized for the ongoing operation of the Bar Foundation, including the administration of the Interest on Lawyer Trust Accounts (IOLTA) program, the ownership of the State Bar Center and Lawyer Disciplinary Board facilities, the Bar Foundation Fellows program, the Citizen and Lawyer of the Year Awards, the website, the twice monthly Bar Foundation Brief email communications and more planned activities. Please renew your membership or become a new member of the WV Bar Foundation—the philanthropic organization for West Virginia’s legal profession and justice system.

HUNGER ACTION

Hunger has long been a critical issue in our state and West Virginians have an opportunity to help fight the issue through a statewide canned food drive this month. September is Hunger Action Month, a nationwide effort to mobilize people to get involved in ending hunger in America. As a result of the Serve America Act signed earlier this year by President Obama, September 11 is officially a National Day of Service and Remembrance as part of the new United We Serve initiative. The initiative encourages everyone throughout the nation to become civically engaged through volunteerism. Individuals, private sector businesses, labor and nonprofit organizations, and business and professional associations are encouraged to participate in a statewide food drive, which will culminate on September 11.  According to Bread for the World’s hunger statistics, “35.5 million people—including 12.6 million children—live in households that experience hunger or the risk of hunger. This represents more than one in ten households in the United States.”  Businesses, individuals, and organizations in the Mountain State are encouraged to organize food drives as part of the effort. Participants can deliver food to drop-off locations on September 11. Multiple sites, including Wal-Mart, Weis Markets and AT&T stores, will serve as collection points.  For a full list of drop-off locations, visit www.volunteerwv.org.

Bar Brief – 6

BRAZIL STUDY ABROAD PROGRAM

Earlier this year, the Bar Foundation’s Board of Directors approved a grant to the Brazil Study Abroad Program at the WVU College of Law. A number of law students and faculty members, led by Professors andre cummings and John Taylor, spent several days in Brazil during which they studied the legal, economic and cultural systems. The grant paid for the expenses of two law students. In an earlier Bar Foundation Brief, a note from one of the students, Dale Harrison, was included. We are pleased to place below a note from the other student, Crystal Bombard.

Dear Mr. Tinder,

Thank you so much for the opportunity to study in Brazil.  It was an amazing experience that I will never forget.  I had never been out of the country before, so I was quite surprised that my first trip abroad was for law school (I thought I was supposed to be locked in the library studying for three years, haha).  The chance to study the legal system, and more importantly the way of life, in South America was amazing.  It opened my eyes to so much, and I hope that I can take my experience in Brazil and apply it at home.  I am so grateful to the West Virginia Bar Foundation for this once in a lifetime opportunity.  I have included my blog from Brazil below.  Again, thank you so much!

Respectfully,

Crystal Bombard

http://wvulawinbrazil.blogspot.com/2009/06/day-10-wednesday-may-27-2009-garoto.html#comments

NATIONAL MEETINGS

Earlier this month, the American Bar Association held its Annual Meeting in Chicago. As part of this event which attracted more than 10,000 lawyers from all parts of the world, there were sessions of the House of Delegates, National Conference of Bar Foundations, National Association of IOLTA Programs, the National Conference of Bar Presidents, the National Association of Bar Executives, the Young Lawyers Division and numerous Sections and Commissions. More than twenty lawyers from West Virginia were in attendance. These meetings are excellent opportunities to learn and share knowledge and information to improve the administration of justice and enhance the legal profession.

GRANTS PROGRAM

The Bar Foundation’s Board of Directors, a diverse group of lawyers from all parts of the state and all types of law practice, has strengthened its commitment to providing grants to worthwhile organizations throughout the state that work to improve the administration of justice and the provision of legal services to our citizens. The Board’s Grants Committee reviews grant applications and makes recommendations to the Board at its quarterly meetings. After beginning its Grants Program cautiously just five years ago, the Board has moved forward in a more proactive manner, especially in the past fifteen months. More than $63,000 has been granted, with more than two thirds of that amount being distributed since June, 2008. The Grant Application Form and the list of grantees are located on the Bar Foundation’s fine website: www.wvbarfoundation.org

Bar Brief – 5

BAR FOUNDATION GRANTS

As the philanthropic organization for WV’s legal profession and justice system, the Bar Foundation, through its Grants Committee and its Board of Directors, has a strong commitment to improving the administration of justice and the provision of legal services to our citizens. The recent grant to the Harrison County Child Advocacy Center will be used to continue its important forensic interview program by paying for camera and recording equipment, as well as for recordable DVD’s to be used in place of a child’s testimony in court proceedings. As stated by Irene Malfregeot, the Center’s Executive Director, —“We are now able to provide a more effective, coordinated response to the child victims of sexual abuse. In the short time since we received the grant funding, 6 child victims of abuse have received forensic interviews at the Child Advocacy Center. We are incredibly grateful for both the grant funds and support the WV Bar Foundation has shown the Harrison County Child Advocacy Center.”

IOLTA PROGRAM

With the implementation of the Interest on Lawyer Trust Accounts (IOLTA) program’s Comparability Rule, information has been provided to the more than 80 banks which do business in West Virginia and to the 4,700 active practicing lawyers in the State. The Comparability Rule, which was approved by the WV Supreme Court with an effective date of April 15, 2009 as an amendment to Rule 1.15 of the WV Rules of Professional Conduct, states that IOLTA accounts shall receive the same interest rate as any similar interest bearing business checking account. Each bank must provide written compliance that it has a comparable rate and each active lawyer in WV must verify that either they have an IOLTA account for their client funds or that they do not receive client funds and do not have an IOLTA account. The information from the banks, due on July 15, and from the lawyers, due on July 31, will be compiled so that it can be used for IOLTA program planning in the future. West Virginia is one of only 23 states with IOLTA Comparability Rules. The current difficult economic situation has caused a reduction of approximately 30% in IOLTA funds in the past year in WV, compared to decreases of 60-70% or more in most other states, which has lead to reductions in civil legal services programs availability and assistance in those states.

LONG RANGE PLANNING

The WV Bar Foundation’s Board of Directors has appointed a Long Range Planning Committee to make proposals for the organization’s future activities and endeavors. The Committee, consisting of President John Tinney (Charleston), Vice President Joe Long (Bluefield) and Board members Janet Preston (Parsons) and Steve Crislip (Charleston), will review short term and longer term actions which could be undertaken by the organization. The Board of Directors will receive these recommendations at its meetings in the future and will approve various goals and objectives for the Bar Foundation to pursue. As the Bar Foundation has expanded its vision and enhanced its services and activities, the Board made the decision that more time, effort and opportunity were needed for the necessary planning process.

Bar Brief – 4

IOLTA Program News Conference

On July 2, a news conference was held in the WV Supreme Court to announce the awarding of grants and the continuing success of the Interest on Lawyer Trust Accounts (IOLTA) program. Grants in the amount of $100,000 were awarded to the two statewide grantees and the five special grantees that are listed in the WV Supreme Court’s Order, which is Rule 1.15 of the WV Rules of Professional Conduct. Since 1990, more than $13 million has been generated by the IOLTA program and provided to WV organizations for free civil legal services for low income citizens. The financial institutions in West Virginia have been overwhelmingly supportive of the IOLTA program. With the current unlimited FDIC insurance coverage on IOLTA accounts, West Virginia’s IOLTA program has suffered significantly less decline in revenues than the other states in the nation during these difficult economic conditions in the past year.

Grants Program

Earlier this year, the Bar Foundation’s Board of Directors approved a grant to the Brazil Study Abroad Program at the WVU College of Law. A number of law students and faculty members, led by Professors Andre Cummings and John Taylor, spent several days in Brazil during which they studied the legal, economic and cultural systems. The grant paid for the expenses of two law students. One of the students, Dale H. Harrison, sent the following message:

Mr. Tinder,

I am writing to thank you and the West Virginia Bar Foundation for the scholarship you generously gave me to participate in this past summer’s West Virginia College of Law’s Brazil Study Abroad Program. It was a once in a lifetime experience, and I am extremely grateful that I was lucky enough to have been one of the recipients of the scholarship. Because of the scholarship, I was able to have experiences, make friends, and learn things that will stay with me always – I have you, the West Virginia Bar Foundation, and those who also participated in the program to thank for that.

I have attached a link to blog I wrote while in Vila Velha, Brazil. The address is:

http://wvulawinbrazil.blogspot.com/2009/05/day-8-monday-may-25-2009-vitoria-brasil.html#comments

The address to the full site – if you do not already have it is:

http://wvulawinbrazil.blogspot.com/

Again I want to thank you for an opportunity I would not have otherwise had, and I sincerely hope you and the West Virginia Bar Foundation will be able to give others in the years to come the same ability to participate in the study abroad program that you gave me.

Sincerely,

Dale H. Harrison

Bar Foundation Finances

At the Bar Foundation Board of Directors quarterly meeting last month, there was the regular review of the financial condition of the organization, as well as consideration of the end of the fiscal year situation. Because of prudent financial decisions by the Board, it authorized the early payment of the last of three WV State Bar loans which had been received over the years, starting in 1989. The three loans totaled more than $180,000 and were paid off in the past 14 months. The Bar Foundation has one bank commercial loan and has made plans to pay it off in 2011, so that the organization can be debt free. The Bar Foundation revenues for the 2008-09 fiscal year were approximately $240,000, with the contributions exceeding the budgeted amount. The expenses were under budget, even with a total of more than $40,000 being distributed in Bar Foundation grants in just the past 13 months and unanticipated expenses for the implementation of the IOLTA Comparability Rule. The annual independent audit will be conducted by the accounting firm with the final document being reviewed by the Board and being available to the general public in the next few months.

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