Bar Brief-49
“A LIVING MONUMENT-WEST VIRGINIA’S COURTHOUSES”
The premiere public broadcast of the highly anticipated documentary film, “A Living Monument-West Virginia’s Courthouses”, will occur on Wednesday, June 8, 2011, at 8:00 PM on the WV Public Broadcasting System television stations in the state. This excellent film depicts the history and the important impact that our county courthouses have had on the lives of our citizens, our 55 counties and our justice system. The WV Association of Counties spearheaded this project in collaboration with the WV Courthouse Facilities Improvement Authority, WV Public Broadcasting and the Walkabout Company. The Bar Foundation was pleased to provide grants for the production and the distribution of this important documentary.
MONONGALIA COUNTY CHILD ADVOCACY CENTER
Recently, the Bar Foundation’s Grants Committee and Board of Directors approved a grant to the Monongalia County Child Advocacy Center in Morgantown. In a letter from the agency’s Executive Director, Laura Capage, Ph.D., she stated that–”this grant will enable us to offer free behavioral therapy sessions to young victims of child abuse and neglect in Monongalia County. These services are essential in helping victims become children again.” In 2010, the agency served over 400 clients and anticipates serving more in 2011.
JUST FOR KIDS
The Just for Kids organization in Beckley received a grant from the Bar Foundation recently. Scott Miller, the Executive Director, sent a personal note which said–”This grant will allow us to provide Stewards of Children training to a wider audience in the three counties that we serve. Your support will help us in our effort to significantly reduce the incidence of child sexual abuse in Southern West Virginia.” The Grants Committee and Board of Directors approved this “generous grant”, as Executive Director Miller characterized it in his note.
2011 Bar Foundation Fellows Dinner-April 28
13th ANNUAL BAR FOUNDATION FELLOWS DINNER-
Seventeen individuals will be honored as Bar Foundation Fellows during the 13th Annual Bar Foundation Fellows Dinner on Thursday, April 28, 2011, at the Marriott Hotel in Charleston. This year’s Fellows are lawyers and members of the judiciary who will join less than 300 other Fellows that have been previously selected from the more than 5, 000 lawyers and judges in the state. The black tie optional reception and dinner begins at 6:30 PM and the cost is $125 per person or $1,250 for a table of ten persons. Please contact Tom Tinder (304-343-9823 or tom@wvbarfoundation.org) to make reservations.
The 2011 Bar Foundation Fellows members are:
J. Michael Benninger-Morgantown
Jodie M. Boylen-Parkersburg
Harry L. Buch-Wheeling
Robert D. Fisher-Ripley
Michael D. Foster-Charleston
The Honorable John R. Frazier-Princeton
The Honorable John W. Hatcher, Jr.-Fayetteville
The Honorable Sally G. Jackson-Martinsburg
Patrick D. Kelly-Charleston
Stephen M. LaCagnin-Morgantown
Donald B. O’Dell-Huntington
Sharon L. Potter-Wheeling
Harry G. Shaffer, III-Madison
Jessica Justice Stolarik-Morgantown
The Honorable Robert B. Stone-Morgantown
Charlene A. Vaughan-Charleston
William Douglas Witten-Logan
2009-10 Annual Report
WEST VIRGINIA BAR FOUNDATION
ANNUAL REPORT
JULY 1, 2009-JUNE 30, 2010
During the 2009-10 fiscal year, the West Virginia Bar Foundation’s Board of Directors spent extensive amounts of volunteer time and effort to guide the organization towards its goals of improving the administration of justice and the provision of legal services to West Virginia’s citizens. The Board, which consists of a diverse group of fifteen lawyers from all parts of the state and all types of law practice, concentrated on the following matters:
- Elected new members of the policy making Board of Directors and selected qualified Officers.
- Held the first meeting of the complete Board of Directors with the WV Supreme Court of Appeals Justices to provide facts and materials regarding the mission of the organization.
- Continued its commitment to providing grants to worthwhile entities with an increase in the total funding to almost $75,000 in just the past five fiscal years.
- Received and approved the Independent Auditors’ Report for the 2008-09 fiscal year.
- Increased the total IOLTA grants since the program’s inception in 1990 to almost $13.8 million. It may have been the most successful year in IOLTA history since WV was perhaps the only state that registered an increase in IOLTA revenue during this difficult economic period.
- Held quarterly Board of Directors meetings and received reports and recommendations from the IOLTA Advisory Committee which also convened quarterly meetings.
- Continued the tradition of selecting extraordinary judges and lawyers as Bar Foundation Fellows. Less than 275 of the approximately 5,000 members of the judiciary and lawyers in the state have received this prestigious honor.
- Continued to serve as the landlord for the two Bar Foundation facilities housing the Lawyer Disciplinary Board/Office of Lawyer Disciplinary Counsel and the WV State Bar.
- Improved the bi-monthly membership communications email message, the Bar Foundation Brief, to keep members up to date on the activities and the programs of the organization.
- Made enhancements to the ever changing Bar Foundation website—-www.wvbarfoundation.org—-with a significant amount of new information and photographs regarding the group’s services and activities.
- Made presentations regarding the Bar Foundation and the IOLTA program to more than 250 new lawyers as they were admitted to practice law before the WV Supreme Court.
Bar Foundation Grants
The West Virginia Bar Foundation is the philanthropic organization for our state’s legal profession and justice system. Its mission is to improve the administration of justice and the provision of legal services for our citizens.
Beginning in 2004, 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 which sets the policies for the organization—began to award grants to worthwhile charitable groups that met the mission’s goals and objectives. Since that time, almost $100,000 in grants has been made in 23 awards to entities. Even more impressive is that more than $85,000 of that amount has been distributed in just the past three years.
The Bar Foundation welcomes grant applications from any eligible entity. The application is easy to understand and complete. It is located on this website—wvbarfoundation.org—under Grants on the toolbar. The Grants Committee and the Board review applications and make decisions on a quarterly basis.
The grantees and their beneficial programs are listed below.
The Bar Foundation will continue to give its support to projects which achieve its mission.
DATE ORGANIZATION ACTIVITY
3/04 Legal Aid of WV Legal Needs Survey
7/04 ChildLaw Services Child Abuse Prevention
6/05 WALS Foundation Student Mock Trials
3/06 Charleston Catholic H.S. Health Care Directives (Clay Co.)
10/06 WV Public Broadcasting Closed Captioning
2/07 Wheeling Jesuit University Constitution Day
10/07 Junior Achievement Student Legal Studies
6/08 Legal Aid of WV Statewide Technology Network
6/08 WV Supreme Court Student Law Adventure
6/08 WV Center for Civic Life Civic Literacy
9/08 Legal Aid of WV Statewide Technology Network
10/08 The Resource IOLTA Comparability Rule
2/09 WVU College of Law International Law
3/09 We, the People Constitution Student Debate
6/09 Harrison Co. Child Advocacy Child Abuse Forensic Interviews
6/09 WV Association of Counties Co. Courthouse Documentary
7/09 The Resource IOLTA Comparability Rule
9/09 Fayette Co. Education Fund Student Legal Leadership
12/09 Family Counseling Connection Sex Offense Treatment Training
12/09 Alliance for Children Guardian ad Litem Handbook
3/10 The Law Works-Public Broadcasting Legal Education TV Program
3/10 Hi-Y Leadership Center Student Leadership Training
3/10 WVU College of Law Public Service Scholarship
Total Grants -$97,573
2010 Bar Foundation Fellows
Nineteen individuals were honored as Bar Foundation Fellows during the 12th Annual Bar Foundation Fellows Dinner on Thursday, April 29, 2010, at the Marriott Hotel in Charleston. Fellows are those lawyers and members of the judiciary whose professional, public and private careers have demonstrated dedication to the welfare of their communities and honorable service to the legal profession. The black tie optional reception and dinner were attended by more than 160 lawyers, judges and guests from all parts of the state.
The 2010 Bar Foundation Fellows class members are:
Robert B. Allen-Charleston
Richard J. Bolen-Huntington
Ellen S. Cappellanti-Charleston
Anita R. Casey-Charleston
Stephen B. Farmer-Charleston
Kenneth D. Gray-Morgantown
Thomas A. Heywood-Charleston
The Honorable Gary L. Johnson-Summersville
William A. Kolibash-Wheeling
Timothy J. Manchin-Fairmont
Dean Joyce E. McConnell-Morgantown
Robert W. Minto, Jr.-Missoula, MT
Dina M. Mohler-Charleston
Charles S. Piccirillo-Madison
William J. Powell-Martinsburg
Kathy M. Santa Barbara-Martinsburg
The Honorable Thomas W. Steptoe, Jr.-Charles Town
William D. Wilmoth-Wheeling
John D.Wooton-Beckley
Volunteer West Virginia
Volunteer service occurs every day in every community in West Virginia and throughout the world. For whatever reason, it seems that lawyers are leaders in volunteering their services to assist their fellow citizens.
Certainly, lawyers volunteer tremendous amounts of legal advice and guidance on a pro bono basis or on a reduced cost basis. Whether it is helping a low income person with their legal problems, reducing fees in legal cases or waiving all costs in a legal matter, lawyers undertake these types of selfless actions every day.
Then, our lawyers leave their law offices and donate their skills, time and efforts for community groups, organized sports activities, religious organizations, non-profit entities, etc. The monetary value and the personal commitment of these lawyers are almost beyond comprehension.
One easy way for lawyers and law offices to add an activity or participate in a new endeavor is through West Virginia’s volunteer agency, the recently renamed “Volunteer West Volunteer”. This state agency has the responsibility for matching volunteers with the needs that are so prevalent. Take a few minutes to visit the website—www.volunteerwv.org—-where you can learn of events in your local area that need volunteers. In addition, you can record the time that you give to volunteering.
A newer part of Volunteer WV is the nationally recognized Business Volunteer Council. This group of volunteer businesses from all parts of the state support the volunteer work of their staff members within West Virginia’s communities. Several law offices are part of the BVC, which has lifetime membership dues of $25.
Lawyers have a passion for helping others—with their legal problems and with their everyday difficulties in life. Volunteer WV provides an excellent opportunity for lawyers and law offices to give their time and their talent in making West Virginia a better place to live, work and play. Volunteer WV at www.volunteerwv.org
2009 Bar Foundation Fellows
2009 BAR FOUNDATION FELLOWS
The West Virginia Bar Foundation has selected its 2009 Foundation Fellows. They were honored at the recent Bar Foundation Fellows Dinner in Charleston.
For ten years, the Bar Foundation, which is the philanthropic organization for the legal profession, has selected “those lawyers whose professional, public and private careers have demonstrated outstanding dedication to the welfare of their communities and honorable service to the legal profession with the individuals selected reflecting the diverse nature of the legal profession in West Virginia.” This year’s class of 13 lawyers and 2 judges joins 151 lawyers and 25 judges, who have been previously selected as Bar Foundation Fellows.
2009 Bar Foundation Fellows
- Supreme Court Justice Joseph Albright-Parkersburg
- Barbara Allen-Charleston
- Professor Robert Bastress-Morgantown
- Oscar Bean-Moorefield
- Landers Bonenberger-Wheeling
- Michael Caryl-Martinsburg
- Federal Court Judge Robert Chambers-Huntington
- Linda Garrett-Summersville
- Logan Hassig-New Martinsville
- Harry Hatfield-Madison
- Catherine Munster-Clarksburg
- John Nesius-Charleston
- Janet Preston-Parsons
- Ancil Ramey-Charleston
- William Redd-Huntington
IOLTA COMPARABILITY RULE- On March 12, 2009, the West Virginia Supreme Court unanimously approved amendments to Rule 1.15 of the Rules of Professional Conduct relating to the Interest on Lawyer Trust Accounts (IOLTA) program. The revision sets up Comparability Rule provisions as are in effect in 23 other states in the nation. The new Rule, which had an effective date of April 15, 2009, states that banks must provide the same interest rate on IOLTA accounts as are provided for other interest bearing checking accounts at that bank. It is expected that there could be additional IOLTA funds available for free civil legal services for low income citizens once an improvement in the current economic downturn leads to higher interest rates. The Bar Foundation’s Board of Directors and its IOLTA Advisory Committee will be utilizing a group with expertise in Comparability Rules in other states to initiate this effort in the coming weeks. The Supreme Court’s Order is located on its website at–http://www.state.wv.us/wvsca/rules/1_15.htm—-or on this website under IOLTA on the toolbar. If you have any questions, please contact Tom Tinder at the Bar Foundation office—304-343-9823 or tom@wvbarfoundation.org
IOLTA ACCOUNTS RECEIVE UNLIMITED FDIC INSURANCE COVERAGE- On Friday, November 21, 2008, the Federal Deposit Insurance Corporation (FDIC) Board of Directors approved a Final Rule for the Temporary Liquidity Guarantee Program (TLGP) which will provide unlimited FDIC insurance coverage for certain bank accounts, including accounts in the Interest on Lawyer Trust Accounts (IOLTA) program. This is a significant action that will provide security to lawyers in all 50 states who place their client funds in IOLTA accounts. Here in West Virginia, the IOLTA program was set up by an Order of the Supreme Court of Appeals in 1990 and is administered by the WV Bar Foundation. It has generated more than $13 million for free civil legal services for low income citizens. The Bar Foundation, through its Board of Directors and IOLTA Advisory Committee, worked with the American Bar Association, IOLTA programs around the country, the offices of Senators Byrd and Rockefeller as well as other interested parties to generate support for the unlimited insurance coverage. The FDIC reported that it received approximately 750 public comments with more than a majority relating to IOLTA insurance coverage. If you have any questions, please contact the Bar Foundation’s Executive Director, Tom Tinder, at 304-343-9823 or tom@wvbarfoundation.org
On behalf of the West Virginia Bar Foundation, the philanthropic organization for West Virginia’s legal profession and justice system since 1988, we are very pleased to initiate our revamped website! It will be the primary communications and information source for the important work that is done by the Bar Foundation.
The website includes everything you want to know about the goals and successes, the programs and services, and the governance and actions that are undertaken to benefit the lawyers, judges and citizens of the State. It is the source of facts and materials that enables the Bar Foundation to achieve its mission of improving the administration of justice and the provision of legal services for West Virginia’s men, women and children.
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—is committed to accomplishing even more positive endeavors in the future. You can expect to see the West Virginia Bar Foundation continuing to work professionally, proactively and cooperatively to assist our State and its people.
Please give us your input about what we are currently doing and what suggestions you have for us.
Tom Tinder
Executive Director
304-343-9823
tom@wvbarfoundation.org
Telephone Usage
WEST VIRGINIA Gets a New Area Code – Start Dialing 10-Digit Local Calls NOW!
Everyone in West Virginia should now begin dialing all local calls using the area code + seven-digit telephone number.
Effective February 28, 2009, you must begin using the new, 10-digit local dialing procedure or your call will not be completed and a recording will instruct you to hang up and dial again. Seven-digit dialing will no longer be available beginning February 28, 2009.
To ensure a continuing supply of telephone numbers, the 681 area code will be added to the same geographic area served by the 304 area code, which is the entire state of West Virginia.
Local Dialing Procedure Change
The new dialing procedure for local calls requires callers to dial the area code + the seven-digit telephone number. This means that all local calls from the 304 area code that are currently dialed with seven digits will need to be dialed using 10 digits (the area code + the seven-digit telephone number). The dialing procedure for long distance or operator assisted calls will not change.
In addition to changing your dialing procedure for local calls, all services and , equipment that are programmed with a seven-digit number will need to be reprogrammed with a 10-digit number. Some examples are call forwarding features, life safety systems, fax machines, Internet dial-up numbers, security systems, gates, speed dialers, voice mail services and similar functions.
What Will Remain the Same
- Your telephone number, including current area code, will not change.
- Your local calls are still local calls, even though they must be dialed using 10 digits.
- You can still dial three digits to reach 911 and 411.
(This information was provided to the WV Bar Foundation by Verizon WV for distribution.)
New Direction
For almost 19 years, I had the honor of serving as the Executive Director of the West Virginia State Bar, the mandatory bar organization for West Virginia lawyers. Then, I was offered the opportunity to become the first full time staff person for the West Virginia Bar Foundation and assumed the responsibilities as its Executive Director on January 1, 2008.
The first several weeks consisted of setting up a formal office (a “palatial” former apartment over a garage behind the State Bar Center and the Lawyer Disciplinary Board offices on Kanawha Blvd., East in Charleston) including getting phone and fax lines, requesting a specific address (2008A Kanawha Blvd., East), purchasing office supplies and the biggest activity—buying and getting used to a new laptop computer, a copy/fax/scan machine and various programs that were new or more advanced to me (Vista, Quickbooks, Excel, etc.)!
I spent a lot of time on the phone with “Help Desk” people (mostly located in India) before I found the best help desk assistance and information right in my own home—my wife, Rebecca! She had the patience and expertise to walk me through any situation when I became quite frustrated that “pushing a button” did not immediately get the necessary results!
Let me say this very clearly——I wish to express my deep sincere appreciation and gratitude to the excellent staff persons at the WV State Bar—Connie, Hope, Cheryl and Kathy—who, for the fifteen years ending on December 31, 2007 when I left and continuing today, provided outstanding service to our WV lawyers. I now have a greater comprehension of how much they have accomplished as qualified and competent individuals.
The other major technology that had to be put into effect was a Bar Foundation website. After an initial start and stop, we are very pleased with this website that contains a multitude of information and material regarding the Bar Foundation and the important work in which it is involved. Nevertheless, in today’s world, a website must always be current, interesting and informative. So, please give us your comments, suggestions and criticisms about the website. We want it to be a website that you will use often.
Finally, it seems that there are more and more blogs on the Internet. We don’t want to be left out, so The Tinderbox rides again! While I was with the State Bar, I did a column in every issue of the WV Lawyer magazine with that title. Now, The Tinderbox blog will be a shorter, more frequent discourse on one or more topics. You have just read the first official one! Check it out in the future whenever you have a few moments to spare.
Take care.
Tom
Welcome to the new website!
On behalf of the West Virginia Bar Foundation, the philanthropic organization for West Virginia’s legal profession and justice system since 1988, we are very pleased to initiate our revamped, reinvigorated and revolutionary new website! It will be the primary communications and information source for the important work that is done by the Bar Foundation.
The website includes everything you want to know about the goals and successes, the programs and services, and the governance and actions that are undertaken to benefit the lawyers, judges and citizens of the State. It is the source of facts and materials that enables the Bar Foundation to achieve its mission of improving the administration of justice and the provision of legal services for West Virginia’s men, women and children.
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—is committed to accomplishing even more positive endeavors in the future. You can expect to see the West Virginia Bar Foundation continuing to work professionally, proactively and cooperatively to assist our State and its people.
Please give us your input about what we are currently doing and what suggestions you have for us.
Tom Tinder
Executive Director
304-343-9823
tom@wvbarfoundation.org