MINUTES – June 13, 2002

WEST VIRGINIA BAR FOUNDATION, INC.

BOARD OF DIRECTORS MEETING

STATE BAR CENTER – CHARLESTON

The meeting of the WV Bar Foundation’s Board of Directors was called to order by President Cheryl Henderson on June 13, 2002 at the State Bar Center in Charleston.

Members of the Board of Directors in attendance were Heiskell Heiskell Jones, Bill File and Al Emch. Participating by telephone conference call were Claudia Bentley, James Companion and Howard Persinger. State Bar Executive Director Tom Tinder was also present.

The first item on the agenda was a of the minutes of the last Board of Directors meeting which was held on March 28, 2002. A motion was duly made, seconded and passed that the minutes be approved as presented.

President Henderson then asked for a report from the IOLTA Advisory Committee. There were comments made that the U.S. Supreme Court had agreed to hear a case regarding the constitutionality of the IOLTA program from the State of Washington/9th Circuit Court of Appeals. Therefore, there should be a decision regarding the continuance of IOLTA programs within the next year.

It was then stated that the recommendation from the IOLTA Advisory Committee for distribution of funds is as follows:

  • $85,000 remaining in rainy day fund
  • $15,000 payment to special grantees from rainy day fund distribution in December, 2001
  • $22,000 payment to special grantees
  • $122,000 payment to Legal Aid of WV & Mountain State Justice Program
  • $50,000 payment of management fee to WV State Bar
  • $5,000 automation payment

After some comments, a motion was duly made, seconded and passed to make the distribution as recommended by the IOLTA Advisory Committee.

The next item on the agenda was a financial report. Documents were distributed to the Board members including income and expenses for the first 11 months of the fiscal year – July 1, 2001 to May 31, 2002. The figures showed that there was $252,000 in reserves.

During further discussion, the financial condition of the organization was in a good position with approximately $10,000 being projected to be added to reserves at the end of the current fiscal year. After some additional comments, a motion was duly made, seconded and passed that the financial report be approved as presented.

The Board members then reviewed the 2002 Foundation Fellows Dinner which had been held in May. It was a successful event with approximately 190 persons being in attendance. There were some comments made about the need to consider getting donations from law firms to underwrite the expense of the event.

The next item for discussion related to the setting up on a Minority Student Scholarship Program at the WVU College of Law based upon the ALPS DE Mutualization Action. There have been two notices sent to State Bar members in 2000 and 2001 requesting that they donate their ALPS contribution to the Bar Foundation to be used for a Minority Student Scholarship at the WVU College of Law.

A resolution had been approved by the State Bar’s Board of Governors meeting in May to add the word, “minority” to the language in the formal agreement setting up the Scholarship Program between the WVU College of Law and the Bar Foundation. After a great deal of discussion, a motion was duly made, seconded and passed to add the word “minority” to the agreement. This information will be forwarded to the WVU College of Law for action.

President Henderson then led a discussion concerning the Lawyer of the Year and Citizen of the Year awards that had been presented at the State Bar’s Annual Meeting in May. The Citizen of the Year was Adrienne Worthy of Charleston and the Lawyer of the Year was Richard “Dink” Yurko of Clarksburg. Both recipients were most appreciative of the honor and had expressed their gratitude to the Bar Foundation.

President Henderson then called upon the members of the Nominating Committee – Bill File, Al Emch and Lisa Rose to make the presentation on behalf of the Committee. The recommendations for Board members for the three year term ending in 2005 were Claudia Bentley of Martinsburg, Lisa Rose of Fairmont, Bob Goldenberg of Parkersburg, Jerry Jones of Clarksburg and David Burton of Princeton. After some discussion a motion was duly made, seconded and passed that the report of the Nominating Committee be accepted.

The Nominating Committee members then made the following recommendation concerning the officers of the Bar Foundation to serve for 2002-2003 – President – Cheryl Henderson; Vice President Howard Persinger and Secretary/Treasurer Heather Heiskell Jones. A motion was duly made, seconded and passed to approve the report of the Nominating Committee as presented.

Under the topic of Other Business, the Board members reviewed a letter that had been received from David McMahon of Legal Aid of WV requesting financial assistance to attended a Commission on Uniform Code. There was also a letter of support from former Foundation President John McClaugherty. After a great deal of discussion, a motion was duly made, seconded and passed to table the request at the present time and to discuss guidelines for making financial contributions at the next meeting of the Bar Foundation Board of Directors.

President Henderson announced that the next meeting of the Board of Directors would be on September 19, 2002 at 12:00 noon at the State Bar Center in Charleston.

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