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US Magistrate Court Judge Cheryl A. Eifert with Board Member Tom Flaherty, on the left, and Secretary/Treasurer Steve Nord, on the right.
US MAGISTRATE COURT JUDGE EIFERT-
On November 5, the formal Investiture Ceremony for new US Magistrate Court Judge Cheryl A. Eifert was held at the Federal Courthouse in Huntington. An overflow crowd of lawyers, judicial leaders and members of the general public were in attendance., including Bar Foundation Officers and Board members. After comments by District Court Chief Judge Goodwin and District Court Judge Chambers, Judge Eifert delivered inspiring remarks followed by a reception where she greeted the attendees.
JUDGE ROBERT E. MAXWELL-
On Friday, December 17, a memorial service will be held in Elkins for US District Court Judge Robert E. Maxwell, who passed away last month. Judge Maxwell, who served for more than 40 years as a member of the federal judiciary, was highly admired and deeply respected by the multitudes of lawyers, judges, litigants and people who knew him. He was an inspiring individual who treated every person with fairness, equality and understanding. He was a leader in many endeavors relating to judicial matters, community activities and public affairs; most importantly, his landmark innovative initiation of alternate dispute resolution techniques, especially mediation, in federal court cases. Two of his children, Ellen and Earl, are active practicing lawyers in WV. The memorial service will begin at 11:00 AM at Davis and Elkins College’s Hermanson Center.
BAR FOUNDATION BOARD OF DIRECTORS-
The Bar Foundation’s Board of Directors will hold its regular quarterly meeting on December 9. There are several matters for consideration including the 2009-10 financial audit presented by the independent auditor, the real estate option agreement for the two buildings owned by the Bar Foundation and reports with action items from various committees. The Strategic Planning Committee will meet prior to the Board meeting and will present recommendations for future activities to the Board members.
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West Virginia Association of Counties
BAR FOUNDATION GRANT-
Last year, the WV Bar Foundation presented a grant to the WV Association of Counties to assist in the production of a documentary film on the county courthouses in the state. In a recent report letter, Patti Hamilton, the Association’s Executive Director, expressed appreciation for the “generous contribution” and stated that the Bar Foundation ”will be listed on the documentary as well as all accompanying printed materials as a Gold Sponsor.” In addition, it was reported that–”The funding received from your organization was invaluable in moving the production forward.” The one hour documentary will focus on “the county courthouse is the center of local, democratic government”, that it “is a symbol of democracy, an architectural monument that inspires us and illuminates aspects of our history” and it “historically has been the center of community life and civic culture.”
BUSINESS COURT FORUM-
On November 12, a Business Court Forum was held in the House of Delegates chamber at the State Capitol in Charleston. The WV Supreme Court has been given the responsibility to review and consider the various aspects of the Business Court model that is now in existence in more than 15 states in the nation. At the forum, a panel of four Circuit Court Judges appointed by the Supreme Court—Judge Murensky (McDowell), Judge Pratt (Wayne), Judge Rowe (Greenbrier) and Judge Wilkes (Berkeley)—heard a report from a North Carolina Judge, who set up the Business Court in that state. There are plans for additional opportunities for the Circuit Court Judges to receive more research, input and information on the Business Court concept.
UPCOMING ACTIVITIES-
Wednesday, November 17-Grants Committee Conference Call
Tuesday, November 30-Bar Foundation Fellows Nominating Committee Conference Call
Monday, December 6-Audit Committee Conference Call
Thursday, December 9-Strategic Planning Committee Meeting
Thursday, December 9-Bar Foundation Board of Directors Meeting
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David King, Executive Director of the Hi-Y Leadership Center, and Bar Foundation Board Member Barbara Allen.
BAR FOUNDATION GRANT-
Recently, the Bar Foundation Board of Directors provided a grant to the Hi-Y Leadership Center in Point Pleasant to support its highly regarded Youth and Government Seminar Program. Each year, hundreds of 8th grade students from throughout West Virginia spend three day sessions in Charleston in January and February learning about the executive, legislative and judicial branches of state government. Their participation in this long-running law related education program gives them a better understanding of civic leadership through attending Night Court, watching the Legislature in action, visiting the Supreme Court, participating in a mock trial, reviewing legislative proposals and meeting government officials.
REAL ESTATE OPTION AGREEMENT-
The Bar Foundation Board of Directors has received a proposed real estate option agreement from the WV State Bar regarding the purchase of the buildings located at 2006 Kanawha Blvd., East (State Bar Center) and 2008 Kanawha Blvd., East (Lawyer Disciplinary Board/Office of Lawyer Disciplinary Counsel office) in Charleston. Based upon the prior negotiations between the two groups, the option would be in effect for a few months while the State Bar undertakes the necessary actions to prepare for the building of a new office on that property. The Bar Foundation Board will make the necessary final decisions concerning this high priority matter.
STRATEGIC PLANNING COMMITTEE-
On November 2, the Bar Foundation’s Strategic Planning Committee met and reviewed numerous activities affecting the organization and its future endeavors. After extensive discussion relating to the Real Estate Option Agreement with the State Bar, the Committee members also spent time on the 2010-11 budget, possible fund raising activities, programs and services to improve the administration of justice, as well as future activities. The Committee will meet again prior to the next quarterly meeting of the Board of Directors on December 9, 2010.
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David W. Pollard (Fayette County Education Fund) accepts grant award last year from Bar Foundation Executive Director Tinder.
BAR FOUNDATION GRANT-
The Bar Foundation provided a grant to the Fayette County Education Fund last year to support its Leadership Fayette County program for high school students. In a report from David W. Pollard, who heads the program, he stated that the students benefitted from the financial support and “look forward to their future college education with a new perspective on the legal justice system.” He went on to say that “Grant dollars from this award were used to enhance and support the development and delivery of a mock trial held in the courtroom and before the Honorable John Hatcher, Circuit Judge of Fayette County. Students spent four months preparing the trial with pro bono assistance of four local attorneys and used your award to conduct legal research on Westlaw in preparation for the trial.”
MEMBERSHIP/CONTRIBUTIONS-
Bar Foundation Life Member Scott Long (Charleston) made a recent tax deductible contribution to increase the beneficial work being done by the organization in improving the administration of justice. The financial support received from regular memberships ($50) and Life memberships ($500) enables the Bar Foundation’s Board of Directors to continue to make grants to qualified charitable groups that meet the necessary goals and objectives. Please consider making a contribution and encouraging your colleagues in the legal profession to become Bar Foundation members. Our website—wvbarfoundation.org—-contains all the needed information.
BUSINESS VOLUNTEER INSTITUTE-
The Fourth Annual Business Volunteer Institute will be held on Tuesday, October 26, 2010, from 10:00 AM until 4:00 PM at the Ramada Plaza Hotel in South Charleston. The registration fee is $50 per person. This highly interactive seminar will help managers at any level learn how simple strategies for engaging employees in efforts that support societal causes can bring excitement and innovation to the workplace, revitalize staff members and improve performance. More information is available at 304-558-0111 or volunteerwv.org.
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Irene Malfregeot and WVBF Board of Directors member, Tracey Weber, of Weston.
BAR FOUNDATION GRANT-
Last year, the WV Bar Foundation provided a grant to the Harrison County Child Advocacy Center to continue the Center’s important forensic interview program by paying for cameras and recording equipment to be used in place of a child’s testimony in court proceedings involving incidents of child sexual abuse. According to a recent report from Irene Malfregeot, the Center’s Executive Director–”Over the past year, we have interviewed more than 60 new clients and also continued to provide advocacy and case coordination for more than 100 clients with open cases. We are now able to provide a more effective, coordinated response to the child victims of sexual abuse. We cannot thank the West Virginia Bar Foundation enough for the support and belief in the work we do to seek justice for victimized children and their families.”
MEMBERSHIP-
The annual WV Bar Foundation membership dues notices for the 2010-11 fiscal year were sent by email to more than 4,400 active practicing lawyers in the state several weeks ago. Annual dues are $50 and Lifetime dues are $500. A tax exempt entity, the Bar Foundation uses membership dues, donations and payments to continue its beneficial work on behalf of the legal profession. New and renewing members, as well as contributors, include:
Steven K. Nord-Huntington-Lifetime Member
Honorable John T. Madden-Moundsville-Membership and Contribution
Luzy J. Jaime-Parkersburg-Membership
Leslie L. Maze-Elizabeth-Membership
Taunja Willis Miller-Charleston-Membership
David H. Webb-Keyser-Membership
Russell O. Wooton-Beckley-Membership
PAYPAL-
The WV Bar Foundation is pleased to remind you that it is easier than ever to pay regular or lifetime membership dues, as well as make tax deductible contributions to improve the administration of justice by using the Paypal electronic process on the Bar Foundation’s website—wvbarfoundation.org. Just click on “Donations” on the toolbar at the top of the homepage and then click on the credit card that you want to use to make your donation. Our new members, Luzy Jaime (Elizabeth) and David Webb (Keyser), used this effective, efficient and easy process to pay for their membership dues. Give it a try.
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WV Supreme Court Justice Thomas McHugh and U. S. Fourth Circuit Court of Appeals Judge Robert King participated in the Constitution Day ceremonies.
CONSTITUTION DAY-
On Friday, September 17, a Constitution Day ceremony was held at the Robert C. Byrd Federal Courthouse in Charleston, as well as at various locations throughout the state. In Charleston, U.S. District Court Chief Judge Joseph Goodwin lead the event, which included his remarks about the recently deceased Senator Byrd, who formulated the Constitution Day federal legislation, a proclamation from Governor Joe Manchin, comments on the Executive, Legislative and Judicial branches of government by Secretary of State Natalie Tennant, House Speaker Richard Thompson and Supreme Court Justice Thomas McHugh, respectively, the reading of the Bill of Rights by students and citizens and patriotic songs sung by the George Washington High School Chorus.
BOARD OF DIRECTORS-
On September 9, the Bar Foundation’s Board of Directors held its quarterly meeting at the law offices of Bowles, Rice, McDavid, Graff and Love in Charleston with participation from around the state by the diverse group of lawyers and members of the judiciary who serve as Board members. Action was taken on negotiations with the WV StateBar regarding the two buildings owned by the Bar Foundation and rented for use by the State Bar and the Lawyer Disciplinary Board/Office of Lawyer Disciplinary Counsel, the approval of a revised balanced budget for the current 2010-2011 fiscal year, as well as reports from the Strategic Planning and Grants Committees.
VOLUNTEER OPPORTUNITIES-
More than 6,900 West Virginia students did not graduate from high schools in 2009 – equating to $1.8 billion lost lifetime earnings in West Virginia for that class of dropouts alone. Today’s students are tomorrow’s work force. Are you doing everything you can to ensure they are college and career ready? There is an easy way to help – sign up to become a mentor today! The Education Alliance offers two volunteer driven programs around college and career readiness – WV eMentoring and Walk the Talk. Both programs are a life changing opportunity for everyone involved! Check out www.EducationAlliance.org for more information! The Alliance is looking for mentors whose jobs require postsecondary education—apprenticeship programs, professional school, two-year, four-year, or graduate degrees. To volunteer as a mentor, please contact Program Director Emily Schoen at (304) 342-7849 or emily@educationalliance.org.
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First Lady Gayle Manchin meets high school students from Brazil at Governor's Mansion.
BRAZIL HIGH SCHOOL STUDENTS-
In August, five high school students and two chaperones from Espirito Santo, Brazil, spent several days in WV as participants in a 40 year partnership between WV and their state. They heard a presentation from Public Information Officer Jennifer Bundy in the Supreme Court, toured the Capitol and other locations, met with First Lady Gayle Manchin at the Governor’s Mansion and attended classes at Sissonville High School in Kanawha County. WV lawyers, judges, WVU Law School faculty and law students (supported by WV Bar Foundation grants) have participated in the past in exchange programs with Espirito Santo officials, which are sponsored by the International Partners of the Americas program.
MEMBERSHIP-
The annual WV Bar Foundation membership dues notices for the 2010-11 fiscal year were sent by email to more than 4,400 active practicing lawyers in the state at the very end of July. Annual dues are $50 and Lifetime dues are $500. A tax exempt entity, the Bar Foundation uses membership dues, donations and payments to continue its beneficial work on behalf of the legal profession. New and renewing members, as well as contributors include:
Rochelle L. Brightwell-Weirton
Honorable Edwin F. Flowers-Morgantown
Honorable Larry V. Starcher-Morgantown
Montie Van Nostrand-Webster Springs
NATIONAL CONFERENCE OF BAR FOUNDATIONS-
In August, the National Conference of Bar Foundations held its Annual Meeting as part of the American Bar Assiciation’s annual event. NCBF is composed of volunteer leaders and executive staff members from the more than 200 city, county, statewide and specialty bar foundations in all parts of the the nation. The WV Bar Foundation has been an active member of NCBF for the past 22 years and has participated in its education seminars, networking opportunities and variety of activities. During the recent meeting, WV Bar Foundation Executive Director Tom Tinder was elected to serve as the group’s President for the upcoming year.
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Annual ABA Fellows Luncheon
ANNUAL ABA FOUNDATION FELLOWS LUNCHEON-
The Annual Luncheon Meeting of the American Bar Association Foundation Fellows was held on August 13 at the Greenbrier Hotel. For the past several years, the event has been held during the Annual Meeting of the WV Bar Association. Almost all ABA Foundation Fellows are also WV Bar Foundation Fellows since the criteria for membership is very similar for both entities. The luncheon was sponsored by Bowles, Rice, McDavid, Graff and Love, LLP, Jackson Kelly, PLLC, Spilman, Thomas and Battle, PLLC and Steptoe and Johnson, PLLC. In the picture are clockwise from the top–WVU Law School Dean Joyce McConnell, Professor Emeriti Jack Bowman, ABA Delegate Dan Callaghan, Charlie Bagley, III, ABA Foundation Fellows State Chairperson Bob Steptoe, Former State Chairperson Dick Ford and Tom Potter.
MEMBERSHIP-
The annual WV Bar Foundation membership dues notices for the 2010-11 fiscal year were sent by email to more than 4,400 active practicing lawyers in the state at the very end of July. Annual dues are $50 and Lifetime dues are $500. New and renewing members include:
James B. Crawford, III-Charles Town
Luzy J. Jaime-Parkersburg
Harry G. Shaffer, III-Madison
Leah L. Summers-Morgantown
CHILDREN’S LAW SYMPOSIUM-
A WV Bar Foundation grantee, ChildLaw Services, Inc., in partnership with the WV Children’s Justice Taskforce, is hosting a one-day Children’s Law Symposium on September 9 at Mountain State University in Beckley. A renowned children’s attorney/speaker/author, Ann Haralambie, will do this training. In addition, Family Court Judge Mary Ellen Griffith will be offering a 1 hour Ethics for GALs workshop. The cost is $60 (including lunch) and is recommended for attorneys and social workers. For more information, contact Shannon Atwell at shannon.atwell@gmail.com or 304-425-9973.
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Lawyer Disciplinary Board/Office of Lawyer Disciplinary Counsel Building
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Alliance for Children Handbook
ALLIANCE FOR CHILDREN HANDBOOK-
Recently, the WV Alliance for Children issued its Guardian Ad-Litem Handbook for Foster Parents with the financial support from several entities, including a grant from the WV Bar Foundation. This beneficial publication will be distributed to organizations which train foster care parents, to all Circuit Court Judges for their use as a resource with local attorneys and placed on websites of groups involved in foster care for WV’s children. The Alliance’s Executive Director, Scott Boileau, reports that the National Family-Based Foster Treatment Association wishes to utilize the handbook, so “Your dollars may extend further than our state border.” Three Bar Foundation Fellows served on the Handbook Review Committee-Family Court Judge Mary Ellen Griffith (Mercer County) Jane Moran (Mingo County) and Catherine Munster (Harrison County).
2009-10 ANNUAL REPORT-
The Annual Report for the Bar Foundation’s most recent fiscal year of July 1, 2009 through June 30, 2010 has been released. It includes the highlights of another successful year in working to improve the administration of justice and the provision of legal services to the State’s citizens. The achievements include increasing the total IOLTA grants to more than $13.8 million from 1990 to July 1, providing almost $75,000 in Bar Foundation grants in just the past five years,holding the first ever meeting with the WV Supreme Court of Appeals Justices and operation management in a fiscally prudent manner by the fifteen member Board of Directors. The complete Annual Report in on the website—wvbarfoundation.org—under Tinderbox.
2010-11 BAR FOUNDATION BUDGET-
The Bar Foundation’s Board of Directors, a diverse group of fifteen lawyers from all parts of the state and all types of law practice, continued its fiscally responsible actions by concluding the 2009-10 fiscal year in a slight positive position, even during these difficult economic times. For the current 2010-2011 fiscal year, the Board made numerous reductions in management and operations with the action by the Supreme Court to transfer IOLTA program administration to the State Bar, effective July 1, 2010, and the ongoing negotiations regarding the two Bar Foundation buildings in Charleston. Nevertheless, the budget is balanced and the necessary plans have been made for continuing activities in the upcoming months.

