MINUTES – February 24, 2005
THE WEST VIRGINIA BAR FOUNDATION, INC.
IOLTA ADVISORY COMMITTEE MEETING
STATE BAR CENTER – CHARLESTON
FEBRUARY 24, 2005
The meeting of the Bar Foundation’s IOLTA Advisory Committee was called to order on February 24, 2005 at the State Bar Center in Charleston.
Members of the Committee in attendance were Scott Segal and Jim Martin. Participating by telephone conference call was Professor Chuck DiSalvo. State Bar Executive Director Tom Tinder was also in attendance.
The first item on the Agenda was a review of the Minutes of the last Committee Meeting which was held on December 16, 2004. There were no additions or corrections to be made to the Minutes as presented.
The Committee members talked about the status of federal government funding for legal services programs. It was reported that the President’s budget proposal includes a 5% reduction in the funding for the Legal Services Corporation which would translate into a reduction of approximately $140,000 for Legal Aid of West Virginia. Comments were also made that West Virginia Congressman Alan Mollohan is the ranking minority member of the House Sub Committee with responsibility for the funding of the Legal Services Corporation.
Mr. Martin gave a report on the activities of the Legal Aid of West Virginia Program. He stated that a technology person has been hired and the violence against women funding is at a satisfactory level.
Professor DiSalvo gave a report on behalf of the special grantees. He said that the CASA Program is working on its annual meeting, that the Senior Legal Aid Program has handled about three hundred cases in the past year and is helping senior citizens with Department of Motor Vehicles matters, that the Appalachian Center has a fine group of law students participating and that the Fund for the Public Interest has been able to increase its law student stipends to $4,000 per year and is working on a loan re-payment program for law students at the WVU College of Law.
The Committee members then reviewed the financial report for the IOLTA Program including first seven months of the fiscal year from July 1, 2004 to January 31, 2005. There has been an increase in the funding amounts based upon the higher interest rates for the five largest banks in the state and the increase that has occurred in interest rates. There were some comments made regarding the responsibility of lawyers to report their involvement in the IOLTA Program. It was decided to have a further discussion of this matter at the next Committee Meeting.
The Committee members reviewed the financial records that revealed that there was $89,000 available for distribution. After some discussion, a motion was duly made, seconded and passed to place $15,000 in the Rainy Day Fund and to distribute $74,000 in accordance with the Supreme Court’s Order.
The Committee members talked about the recognition of the IOLTA Program and the banks who have taken positive action. It was reported that a request has been made to Supreme Court Chief Justice Albright to have a press conference on this matter. It was agreed that a glass commemorative momento will be provided to the five largest banks after the press conference.
The next item for discussion related to a filing fee for appeals to the West Virginia Supreme Court. A report was received from a student at the WVU College of Law that revealed that there is a $125 fee which has to be paid to the Circuit Court Clerk when an appeal is filed with the Supreme Court and that there is no specific Supreme Court filing fee at the present time. The Committee members were pleased with the memorandum which had been provided by the law student, Season Gutwald. It was agreed that this memorandum would be referred to the proposed Access to Justice Commission.
The Committee members agreed that the next meeting of the Committee would be on either April 28 or May 19, 2005 based upon the action taken by the Bar Foundation’s Board of Directors.
There being no further business to transact, the meeting was adjourned.