MINUTES – August 22, 2002
WEST VIRGINIA BAR FOUNDATION, INC.
IOLTA ADVISORY COMMITTEE MEETING
STATE BAR CENTER – CHARLESTON
The meeting of the Bar Foundation’s IOLTA Advisory Committee was called to order by Chairperson Elliot Hicks on August 22, 2002 at the State Bar Center in Charleston.
Members of the Committee in attendance were Adrienne Worthy and Charles Hurley. Participating by telephone conference call was Professor Chuck DiSalvo. State Bar Executive Director Tom Tinder was also present.
The first item on the Agenda was a review of the Minutes of the last Committee Meeting which was held on May 23, 2002. A motion was duly made, seconded and passed to approve the Minutes as presented.
Chairperson Hicks asked for an update on the status of the IOLTA litigation in Federal Court. It was reported that an appeal has been accepted by the U.S. Supreme Court and that a briefing schedule is occurring at the present time. Oral argument will occur later in the fall and there will be a final decision on this issue before the Court recesses in June, 2003.
The Committee members then had an extended discussion concerning funding from the federal government. An amount of $329 million has been proposed for the upcoming fiscal year; however, requests are being made for more funding to replace funding that will be lost because of changes in the census figures. Contacts are being made with senators, including Senator Byrd and members of Congress, including Representatives Capito and Mollohan.
Chairperson Hicks called upon Ms. Worthy to give a report from the Legal Aid of West Virginia. She said that the merger into a statewide organization has been accomplished and that progress is occurring. The group is turning its attention to working on fundraising projects.
Professor DiSalvo then gave a report on behalf of the special grantees. He said that Senior Legal Aid had completed and information pamphlet, that the Appalachian Center had been working on domestic violence cases including one that was appealed to the State Supreme Court, the CASA had a statewide conference recently and is improving its standards while the Public Interest Group had sixteen summer legal interns working in legal aid programs across the state.
The Committee members then spent an extensive amount of time review the financial report. There was $229,000 available for expenditure as of August 21, 2002. After numerous comments, a motion was duly made, seconded and passed to distribute $144,000 to the grantees and to the special grantees in accordance with the formula in the Supreme Court’s Order.
In addition, a motion was duly made, seconded and passed to discontinue the setting aside of $5,000 for automation because of the current uncertain status of the IOLTA Program. Therefore, an amount of $85,000 remains in the Rainy Day Fund. It was also agreed that any consideration of the $50,000 management fee for the 2002-2003 fiscal year would be made only after a decision is handed down by the U.S. Supreme Court.
Under the topic of Other Business, there was general discussion about the future membership on the Committee. There were comments made that there should be representatives from various groups which would have slots on the Committee including:
- Legal Aid of West Virginia
- Mountain State Justice
- Special Grantees
- West Virginia Bankers Association
- Supreme Court
- Statewide voluntary bar associations (4)
- West Virginia Bar Foundation
- WVU College of Law
Chairperson Hicks then announced that the next meeting of the Committee would be on November 21, 2002 at 11:00 a.m. at the State Bar Center.
There being no further business to transact, the meeting was adjourned.