Bar Blast – October 17, 2017

October 17, 2017
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Deputy Clerk of Court Position Announcement
 The Supreme Court of Appeals of West Virginia has a distinctive employment opportunity, available immediately — Deputy Clerk of Court.  The position reports directly to the Clerk of Court of the Supreme Court of Appeals of West Virginia and is an integral part of the Office of the Clerk of Court. The Deputy Clerk assists the Clerk of Court with various aspects of court operations, including opinion and order processing, case management, and the effective use of information technology.  The Deputy Clerk also assists in the supervision of employees within the Office of the Clerk of Court, provides guidance and direction to the public and members of the Bar, and renders legal analysis with regard to court rules, lawyer admission and disciplinary matters, as well as other duties as assigned by the Clerk. Click here for more information.

Criminal Justice Act Panel Seeking Applicants
The United States District Court for Southern District of West Virginia is currently accepting applications for appointment to the Criminal Justice Act Panel.  Members in good standing of the federal bar of the Southern District who have relevant experience and a desire to provide quality representation to indigent defendants in a variety of criminal matters are encouraged to review the current CJA Plan and access a PDF-fillable application from the Court’s website at  Both documents are located under the CJA tab.  The application is located under the subsection “CJA Panel”.   Applications are due by October 20, 2017

and can be submitted via regular mail or emailed to  Angie Volk, CJA Supervising Attorney for the Southern District, Ms. Volk is also available to answer any questions regarding the application process via email or by calling 304-347-3191.

Las Vegas: Pro Bono Help Needed
The Nevada Supreme Court’s Access to Justice Commission is seeking one or more West Virginia lawyers who are willing to offer pro bono consultations to West Virginia victims and their families who were caught up in the recent Las Vegas tragedy.  The consultation would deal with “the immediate, near term civil needs related to the emergency and not personal injury/lawsuits, etc.”
Interested bar members should provide their contact information by Monday, October 23, to the West Virginia Access to Justice Commission, c/o Professor Charles DiSalvo, at

Art Exhibition
The State Bar Center will be sponsoring an opening reception to showcase the work of Charleston Catholic High School seniors at the State Bar Center on Wednesday, November 8, 2017 from 5:00pm-7:00pm. The showcase is part of a continuing collaborative partnership between the State Bar and local high schools & colleges. Click here for more information

Office of Disciplinary Counsel
The Rules of Professional Conduct prohibit a lawyer from engaging in criminal conduct and prohibit lawyers from counseling a client to engage, or assisting a client, in conduct that the lawyer knows to be in violation of federal law. Marijuana is classified as a Schedule I controlled substance under the Controlled Substances Act and under the CSA, it is illegal to manufacture, distribute or dispense a controlled substance. Cultivating, the sale of, or use of marijuana, even for medicinal purposes, violates federal law regardless of whether it is permitted by state law. As such, absent an amendment to the relevant rules, because the use, possession, and distribution of marijuana in any form violates federal law, attorneys are advised that engaging in such conduct or assisting others to engage in such conduct may result in federal prosecution and may trigger disciplinary proceedings.
Public Comment

Adoption of Revisions to Rule 8.3 of the Rules of Professional Conduct, Rule 6 of the Rules of Judicial Disciplinary Procedure, and the Rules of the Judicial and Lawyer Assistance Program
 At a Regular Term of the Supreme Court of Appeals continued and held at Charleston, Kanawha County, on the 20th day of September, 2017, the following order was made and entered. Click here to view the order.

Request for Public Comment on Proposed Amendment to  Rule 5 of the Rules of Criminal Procedure for the Magistrate Courts of West Virginia
 At a At a Regular Term of the Supreme Court of Appeals continued and held at Charleston, Kanawha County, on the 20th day of September, 2017, the following order was made and entered. Click here to view the order

Adoption of Amendment to Rule 9.0 of the Rules for Admission to the Practice of Law in West Virginia 
 At a Regular Term of the Supreme Court of Appeals, continued and held at Charleston, Kanawha County, on September 20, 2017, the following order was made and entered:

Adoption of Amendment to the West Virginia Trial Court Rules, to add Rule 18 – Docket No. 16-RULES-17
 At a Regular Term of the Supreme Court of Appeals, continued and held at Charleston, Kanawha County, on September 20, 2017, the following order was made and entered:
Upcoming Events

October 24-26, 2017
2017 State Bar Regional Meetings
Sponsor: The West Virginia State Bar
3-Hours CLE credit in law office management, elimination of bias and ethics
*The State Bar may have different instructors at the various locations. The order of presentation may also vary. Each session will be fifty minutes of instruction time.

Trust Accounts 101
Presenters: Counsel from the West Virginia Office of Disciplinary Counsel

A Guide to the CourtPlus Initiative
Presenters: Personnel from the Division of Circuit Clerk Services at the Supreme Court of Appeals

The Stranger in Yourself

Recognizing and Exploring Bias in Today’s Culture
Presenter: LTC Kelly Ambrose, Staff Judge Advocate – United States Army
Dates & Locations: All meetings will be held from 10:30am-1:30pm
October 24 – Oliverio’s Restorante – Bridgeport
October 25 – Lakeview Resort – Morgantown
October 26 – River City Ale Works – Wheeling

October 24, 2017
60th Annual Tax Seminar 
Host: Tri-State Tax Institute
Location: Wheeling Jesuit University
If you have any questions, contact Candy Fahey at or 304-242-2300. Or contact Rober J. or 304-242-2300

October 29-31, 2017
68th Annual Meeting of The WV Tax Institue 
16.2 Hours of CLE and CPE credit, including 2-hours of ethics
Hosts: The West Virginia Tax Institute, The West Virginia State Bar’s State and Federal Taxation Committee, The West Virginia Society of Certified Public Accountants, the West Virginia University College of Law and College of Business and Economics
Location: Embassy Suites, Charleston, WV
Further information, including registration information, can be found at or by calling Ilena Thomas at 304-624-6555.

November 3, 2017
Family Law Committee Meeting
Location: State Bar Center, Charleston, WV
Contact: Lyne Ranson at

Save the Date: November 9, 2017
3-Hours General Credit
Host: WV State Bar Veterans and Military Affairs Committee
Location: Huntington Veterans Administration facility and broadcast statewide via video conference
Speakers and Topics:
Matthew Kelly and Stephen Butera presenting “An overview of Department of Veterans Affairs and Associated Veterans Benefits” and “An Introduction to Veterans Benefits.”
Maj. Scott Applegate presenting “Howell Not to Muddle Up a Military Divorce.”

Save the Date: January 24, 2018
3-Hours credit-Law office Management
Host: West Virginia State Bar
Location: Bowles, Rice office in Martinsburg and broadcast statewide via video conference.

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