MINUTES – January 16, 2003

THE WEST VIRGINIA BAR FOUNDATION, INC.

BOARD OF DIRECTORS MEETING

STATE BAR CENTER – CHARLESTON

The meeting of the West Virginia Bar Foundation’s Board of Directors was called to order on January 16, 2003 at the State Bar Center in Charleston.

Members of the Board of Directors in attendance were David Burton, Bob Goldenberg, William File, III and Elliot Hicks. Participating by telephone conference call were Claudia Bentley, Lisa Rose, Dean John Fisher, James Companion and Jerry Jones. 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 Board of Directors Meeting which had been held on September 19, 2003. A motion was duly made, seconded and passed that the Minutes be approved as presented.

Mr. Hicks then gave a report on the activities of the IOLTA Advisory Committee. He said that financial distributions had been made in November and December. He went on to say that the oral arguments on the IOLTA case had been held before the U.S. Supreme Court on December 9, 2002 and that a decision should occur in the near future.

The Board members then had a discussion concerning the support of the Foundation for the work of Legal Aid of West Virginia. It was stated that there had been a $175,000 loan made by the West Virginia State Bar to Legal Aid of West Virginia in November and that it would be repaid later this month. There was no need for the Bar Foundation to contribute any funds to that loan. The Foundation will be making a payment of approximately $6,000 as 50% of the cost for a Legal Needs Survey for low income persons with the other 50% portion being paid by the West Virginia State Bar.

There were additional comments made about the financial needs of Legal Aid of West Virginia in providing free civil legal services for low income citizens. A fund raising campaign is occurring within the legal profession at the present time. After more comments, a motion was duly made, seconded and passed that the West Virginia Bar Foundation would make a contribution of $1,000 to the Legal Aid of West Virginia fundraising campaign.

Ms. Bentley and Ms. Rose then gave a report on behalf of the Nominating Committee for the 2003 Foundation Fellows. The persons nominated to receive this honor were:

  • Cathy Armstrong – Wheeling
  • Claudia Bentley – Martinsburg
  • Professor Vince Cardi – Morgantown
  • U.S. District Court Judge John Copenhaver, Jr. – Charleston
  • Tom Flaherty – Charleston
  • Tom Goodwin – Charleston
  • John Hoblitzel – Charleston
  • Lloyd Jackson – Hamlin
  • Steve Jory – Elkins
  • Menis Ketchum – Huntington
  • Dan Ringer – Morgantown
  • Lisa Rose – Fairmont
  • Ned Rose – Charleston
  • Jim St.Clair – Huntington
  • Circuit Court Judge Booker Stephens – Welch
  • Tom Tinder – Charleston
  • Warren Upton – Charleston

After some comments were made, a motion was duly made, seconded and passed to approve the recommendations from the Committee. Ms. Bentley and Ms. Rose abstained from the discussion or voting and Mr. Tinder removed himself from the meeting room.

It was also announced that there are five Foundation Fellows who have not yet gone through the induction ceremony. They are Rudy DiTrapano, Diana Everett, Judge Elizabeth Hallanan, Clarence E. Martin, III and Edward M. Payne, III.

The next item on the Agenda related to a report on the Citizen of the Year and Lawyer of the Year Awards. Comments were made that two nominations had been received – Richard Waybright of Ripley and George Daugherty of Elkview. After some discussion, it was felt that action should be deferred on a final decision on this matter until the next Board Meeting. It was agreed that additional contacts would be made to attempt to increase the range of nominations.

The Board members then talked about a grant making review process. Materials from the Beckley Area Foundation and the Greater Kanawha Valley Foundation had been forwarded to the Board members for their consideration. After some discussion, it was agreed that a Sub Committee should work on coming up with a proposal and have a report at the next Board Meeting. Mr. Burton, Mr. File and Mr. Hicks agreed to serve on this Sub Committee.

Under the topic of Other Business, there were comments made about having immunity for lawyers who participate in pro bono work.

The Board then agreed that the next meeting would be on March 27, 2003 at 12:00 noon at the State Bar Center in Charleston.

There being no further business to transact, the meeting was adjourned.