Bar Blast – January 30, 2018

January 30, 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.

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.

Judges Needed for Energy Moot Court Competition
The National Energy and Sustainability Moot Court Competition, hosted March 8-10 by WVU Law, is looking for volunteer judges. Early round judges must be an attorney of good standing licensed to practice law in any state. Final round (March 10 afternoon) judges must be a federal or state appellate judge. Now in its eighth year, the competition attracts exceptional law students from across the country. For details, email with “Judge 2018” in the subject line. For more information on the competition, click here
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

February 9, 2018
Defending the Rights of Your Intellectually Disabled Client
Host: Public Defender Services

Location: Fairmont State University

For more information click here
Contact Pamela Clark with any questions at

February 15, 2018
“A Conversation with Joanna Tabit”
CLE-WV Credits Pending
Host: Defense Trial Counsel of West Virginia
Location: Blennerhassett Hotel, Parkersburg, WV
Visit for more information.

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.

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

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.

June 13-14, 2018
Basic Mediation Training
State Bar ADR Committee

 Days Hotel, Flatwoods

For more information and to register for the event, click

Click here for a copy of the agenda.

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