If you receive an inquiry from a member of the public whom you cannot help, please do not refer them to the State Bar. Rather, please refer them to one of the State Bar’s free legal information services:
Public Notice for Reappointment of Incumbent Magistrate Judge
The current term of office of US Magistrate Judge, Cheryl A. Eifert, at Huntington, West Virginia, is due to expire on August 31, 2018. The US District Court is required by law to establish a panel of citizens to consider the reappointment of the magistrate judge to a new eight year term. Comments are invited from members of the bar and the public as to whether the incumbent magistrate judge should be recommended by the panel for reappointment by the court. Comments should be directed to:
W. Michael Frazier, Esquire
Chair of the Merit Selection Panel
Frazier, Oxley & Proctor L.C.
401 10th Street
Huntington, WV 25701
Senior Staff Attorney, Office of the Clerk Position Announcement
The Supreme Court of Appeals of West Virginia seeks an attorney to be employed in the Office of the Clerk for a full-time position. The attorney will be expected to assist the Clerk of Court with various aspects of the clerk’s office operations, including case management, records management, opinion and order processing, publications management, and other matters as assigned by the Clerk. The Office of the Clerk provides guidance and direction to the public and members of the Bar, and renders legal analysis with regard to procedural rules, lawyer admission and disciplinary matters. Click here for further details and to access the application.
Eighteenth and Twenty-third
Judicial Circuit Vacancies
The Judicial Vacancy Advisory Commission is currently receiving applications to fill the judicial vacancies on the 18th Judicial Circuit Court serving Preston County and the 23rd Judicial Circuit Court serving Berkeley, Jefferson, and Morgan Counties. Candidates must submit their completed applications by no later than 5:00 p.m. on January 24, 2018. The deadline for submittal of letters of recommendation or comment is January 31, 2018. Applications and instructions are available at www.governor.wv.govFor more information about the application process, please call Manda Bickoff at 304-558-2000. Interviews will be held in Charleston on Thursday, February 15, 2018 and Friday, February 16, 2018, if necessary.
Updated Privacy Related Legal Resources
The West Virginia Executive Branch recently updated its HIPPA Preemption Analysis.There is also a summary and flow chart explaining the mechanics of HIPPA preemption. Additionally, the Executive Branch’s Privacy Requirements Document was recently updated, and provides a summary of all privacy laws impacting the enterprise. Both are revised annually to support internal privacy compliance, and may be useful to others as a resource. Any questions may be directed to Sallie Milam, WV’s chief privacy officer, at 304-766–2646 X57624 or sallie.h.milam@wv.gov.
Inmate Legal Mail Policy Change
A special alphanumeric code that changes each business day is now required on all legal (privileged) mail sent to inmates or residents at Division of Corrections, Regional Jail Authority, and Division of Juvenile Services facilities. To comply with this policy, attorneys must be on the Public Defender Services email list. Questions about this policy can be directed to Stacy Nowicki-Eldridge, Deputy General Counsel at the Department of Military Affairs and Public Safety at 304-558-2930 or stacy.l.nowicki@wv.gov. DMAPS has also issued a press release announcing the policy. Click here to view the press release.
Interest Rate Change
The Administrative Office of The Supreme Court of Appeals of West Virginia has set the interest rate at 4.5 percent for judgments and decrees entered during the 2018 calendar year. Click here to view the order.
2018 State Bar Membership Directory
The 2018 edition of the membership directory will be available soon. To advance purchase a paper version, go to www. legaldirectories.com.
Public Comment
Request for Public Comment on Proposed Amendments to Rule 1.2 of the Rules of Professional Conduct (Addressing the West Virginia Medical Cannabis Act) 18-Rules-01
Comments must be filed in writing with the Clerk of Court on or before February 16, 2018. Click here to view a copy of the order.
Upcoming Events
January 23, 2018–10:00AM
Colleagues Under the Influence: Licensure and the Impaired Lawyer CLE Webinar
Host: ABA Center for Professional Responsibility and the ABA Commission on Lawyer Assistance Programs.
Do attorneys that you know, employ, or practice with seem to be struggling with substance abuse?
Do you Need Ethics/Substance Abuse CLE Credits?
If the answer to either question is YES, please click here to register.
*Contact Amber Hanna, WVJLAP Program Coordinator, at hanna@wvjlap.org for further information.
January 24, 2018–1:00PM
FREE CLE
3-Hours credit-Law office Management
Host: West Virginia State Bar
Location: Bowles, Rice office in Martinsburg (only physical location) and broadcast statewide via video conference.