Bar Blast – January 23, 2018

January 23, 2018
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Free Legal Information
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:
Tuesday Legal Connect
Tuesday evenings, 6-8PM
West Virginia Free Legal Answers
Lawyer Referral Service

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 For 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

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 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.
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 for further information.

January 24, 2018–1:00PM
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.

January 25, 2018–11:00AM
Family Law Committee Meeting
3-Hours credit-Law office Management
Host: West Virginia State Bar Family Law Committee
Location: State Bar Center, Charleston, WV

Save the Date: March 8-10, 2018
WVU Law Energy Moot Court Competition
WVU Law’s eighth annual National Energy Moot Court Competition is being held March 8-10, 2018 in Morgantown.
Contact James Jolly at for more information.

Save the Date: March 23, 2018
West Virginia Bankruptcy Seminar
United States Bankruptcy Courts for the Northern and Southern Districts of West Virginia and the Bankruptcy Law Section of the West Virginia State Bar
Location: Marriott Town Center, Charleston, WV
Click here for the agenda.
Contact Lisa McNeil at 304-234-4003 or with questions.

April 8-9, 2018
West Virginia State Bar’s 2018 Annual Gathering at the Greenbrier
6-Hours CLE Credit

Save the Date: April 20, 2018
Family Law CLE
Kanawha County Family Law Bench-Bar Committee
Location: India Center in Southridge
Please email Lyne Ranson at with any questions.

Save the Date: June 13-14, 2018
Basic Mediation Training
State Bar ADR Committee

 Days Hotel, Flatwoods

Save the Date: June 14-15, 2018
2018 Annual Indigent Defense Conference
Host: Public Defender Services
Location: Stonewall Resort, Roanoke, WV

Save the Date: June 28, 2018
Hot Topics for Government Lawyers
Host: Government Lawyers Committee
Location: West Virginia House of Delegates Chamber* State Capitol Complex, Charleston, WV
*In the event the Legislature is in session, the seminar will be held in the Capitol Room of the State Training Center.
Contact Martha Hill at with any questions.

Save the Date: July 11, 2018
Advanced Mediation Training
State Bar ADR Committee
Location: Bridgeport Conference Center