Bar Blast – May 22, 2018

A Special Thank You to our Annual Gathering Sponsors

May 22, 2018
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13th Judicial Circuit Vacancy
The Judicial Vacancy Advisory Commission is currently receiving applications to fill the judicial vacancy on the 13th Judicial Circuit Court serving Kanawha County.    Candidates must submit their completed applications by no later than 5:00 p.m. on June 4, 2018.  The deadline for submittal of letters of recommendation or comment is June 11, 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 June 21, 2018.

Updated Contact Information
The State Bar annual orange postcard regarding membership fees will be mailed on June 13, 2018 for the July 1, 2018-June 30, 2019 fiscal year. Please be sure to log into the membership portal and verify your contact information by June 1.

MCLE Reminder for the July 1, 2016-June 30, 2018 Reporting Period
The July 1, 2016 – June 30, 2018 reporting period ends June 30, 2018.  The filing deadline is July 31, 2018.  Please login to the member portal at and go to My Transcript to view the credits reported, and to confirm, edit, or delete any pending submissions from the sponsor reporting.  Credits filed August 1, 2018 or later will require a $50 late filing fee.  Active attorneys are required a total of 24 credits, including at least 3 in legal ethics, law office management, substance abuse or elimination of bias.  Newly admitted attorneys admitted between July 1, 2016 – June 30, 2017 are required 12 total credits, including at least 3 in legal ethics, law office management, substance abuse or elimination of bias.  Attorneys admitted on or after July 1, 2017 are exempt for the July 1, 2016 – June 30, 2018 reporting period.

Public Comment

Proposed Revisions to Governance Documents 
The Supreme Court of Appeals is Requesting Comment on Proposed Revisions to the Governance Documents for the West Virginia State Bar – the proposed revisions are set forth in the Court’s order. Click here  

to view the order. Comment period expires August 14, 2018
Highlights of Proposed Revisions are –
Constitution – Archaic provisions are eliminated and changes to membership article in accordance with modern practice
Definition of the Practice of Law –Archaic provisions eliminated
High-level governance with most administrative detail moved to rules
Provides greater flexibility to the Bar
Clearer definition of membership classes
Greater detail on suspended members
Greater detail on resigned members
Grants Board the authority to set fees (other than annual dues)
Clarifies that Immediate Past President is Board member
Expands Board term to four years beginning 2019, thereby fostering a continuation of expertise; election cycle expanded to four years, thereby evening out number of new Board members coming onboard each year
State Bar Districts remain unchanged
Clarifies election of Vice-President
Unlawful Practice Committee revised in accordance with recent case law
Sets authority for State Bar Administrative Rules
New article on communication with Bar
New article on legal practice entities
New article on JLAP
New article on Young Lawyer Section
State Bar Administrative Rules
Clarifies membership register and obligation to maintain current information
Defines how membership information may be used and member opt-out options
Provides detail on firm administrators
Provides flexibility in the methods for payment of membership fees
Provides a ceiling for meaningful late fees
Clarifies how sanctions for nonpayment affect membership classes
Updates paper ballot election process in accordance with modern practice
Integrates and reconciles three different MCLE governance documents
Updates Bridge-the-Gap program in accordance with recent YLS proposal
Allows CLE credit for certified pro bono service for specified entities
Sets forth a new procedure for Unlawful Practice Committee proceedings in accordance with recent case law in order to preserve the State Bar’s antitrust immunity
Updates the Emeritus Attorneys’ Pro Bono Participation Program
Incorporates the existing stand-alone rule for the WVJLAP
Sets forth a new IOLTA distribution protocol as recommended by the IOLTA Advisory Committee
Provides a method in two new rules for the State Bar to pre-certify legal practice entities
Sets forth a new rule detailing the Young Lawyer Section
Sets forth a new rule related to succession planning for sole practitioners

Proposed Rules Amendments 
The Proposed amendments are the result of the change in payment structure to members of the Judicial Investigation Commission and the Board of Law Examiners. Click here to view a copy of the order

Rule Amendment to Rule 38
Amendment to Rule 38 of the Rules of Appellate Procedure regarding placement of citations. Click here to view a copy of the order.

Upcoming Events

May 22, 2018 9:00 am-12:30 pm
Free CLE
West Virginia State Bar Social Media Committee and WV Bankers Title
3.6 CLE Credit Hours-including 2.4 in Law office management
South Branch Inn, Moorefield, WV
To register or for more information, contact Bob Drummond at 304-677-8101, or email at

May 23, 2018 10:00-1:00
Free and Live
Marijuana Law Webinar
3 CLE Credit Hours-2.5 General/0.5 Ethics
State Bar Center, Charleston, WV (in-person attendance limited to first 35 registrants) and broadcast statewide online via video conference
Click here to register to attend via video conference
Click here to register to attend in-person
Click here to view the agenda

May 31-June 1, 2018
Regional Rural Juvenile Training Immersion Program
Host: Mid-Atlantic Juvenile Defender Center
Shepherd University, Shepherdstown, WV
Click here to register

June 7-8, 2018
WVAJ Annual Convention and Seminar
Host: West Virginia Association for Justice
Location: Embassy Suites Hotel-Charleston, WV


Approved for 14.6 CLE credits including 3.6 in Ethics and Law Office Management
Click here to view the convention schedule and to register for the event
If you have any questions, call 304-344-0692

June 9, 2018, 9:15-3:00
West Virginia Women Attorneys Inaugural Conference
Location: WVU College of Law, Morgantown, WV


Approved for 5 Hours CLE credits
Contact Sandy Kinney at 304-552-1327 with questions.
Click here to register

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

 Days Inn and Suites, Flatwoods

Approved for 16.5 CLE credits including 1.0 in Ethics
A block of hotel rooms has been reserved at a discounted rate ($89.99) for the event. In order to receive the discounted rate, inform the hotel that you are attending the WV State Bar’s event when making your reservation. Contact Cathy Shuman at 866-700-7284 X101 to reserve your room
For more information and to register for the event, click
here. Click here for a copy of the agenda.

June 14-15, 2018
2018 Annual Indigent Defense Conference
Host: Public Defender Services
Location: Stonewall Resort, Roanoke, WV
For more information, click here
For questions, email Pamela Clark at

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.
Click here to register
Click here to view the agenda

July 11, 2018
Negotiation Skills for Advocates and Mediators-An Interactive Process
Advanced Mediation Training
Host: State Bar ADR Committee
Location: Bridgeport Conference Center
Cost: $150.00
Approved for 7.5 CLE credits
A block of hotel rooms has been reserved at Wingate by Wyndham, 350 Conference Center Way in Bridgeport, at a discounted rate ($80) for the event.  In order to receive the discounted rate, inform the hotel that you are attending the West Virginia State Bar’s event when making your reservation.  The number is 304-808-1000.  The code to give to the hotel to get the discounted rate is CGBAR2.
Click here to view a copy of the agenda
To view copies of the CV’s of the presenters, click  here and here
Click here to register

Save the Date: July 26, 2018
Free and Live CLE
Co-Employment Issues in West Virginia
Host: WV State Bar
Location: State Bar Center and broadcast statewide via video and tele-conference
Cost: Free
Approved for 3.0 CLE general credits
Additional information coming soon

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