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Bar Blast – September 1, 2020

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September 1, 2020
 
 
Free CLE Seminars:
14 seminars for a total of 31.5 online A/V credits are available if you watch all of the seminars.  Click here to see complete list of available recorded CLE credits
 
 
 
 
 
WV STATE BAR OFFICE ACCESS DURING COVID-19
 
The Bar Center will remain closed through the end of the year for all in-person access. Bar members will not be allowed in the Bar Center to pay membership dues, complete reporting requirements, or report CLE credits. Bar Members are directed to complete the same via their membership portals. Bar staff will remain available, via telephone or email, during normal operating hours to answer questions. The Bar can be reached by calling 304-553-7220.
 
News
 
Adoption of Amendments to Rule 38 of the Rules of Appellate Procedure (Elimination of facsimile filing and allowing for
electronic mail filing in its place, in certain circumstances)
 
On July 23, 2020, the Supreme Court of Appeals of West Virginia entered an order approving amendments to Rule 38 of the Rules of Appellate Procedure. By that order, effective September 1, 2020, facsimile filing is eliminated in the Office of the Clerk of the Supreme Court of Appeals of West Virginia. The amendments provide that leave may be granted for litigants to file documents by electronic mail in certain circumstances. Click here to review the Order
 
Adoption of Amendments to the Notice of Appeal Form Attached as
Appendix A to the Rules of Appellate Procedure
 
On July 23, 2020, the Supreme Court of Appeals of West Virginia entered an order approving amendments to the Notice of Appeal form attached as Appendix A to the Rules of Appellate Procedure. The amendments modify three portions of the Notice of Appeal form: Sections 15 and 18 and the Appellate Transcript Request Form. Notably, Section 18 of the Notice of Appeal form requires checks that are provided to the Office of the Clerk of the Supreme Court of Appeals of West Virginia to be made out to the order of “The State of West Virginia.” Click here to review the Order
 
The Supreme Court of Appeals of West Virginia
Staff Attorney Announcement
 
Justice Beth Walker of the Supreme Court of Appeals of West Virginia is accepting applications for a term Staff Attorney (Law Clerk) beginning August 1, 2021. Click here for more information
 
Requests for Public Comment
 
PUBLIC NOTICE
FOR REAPPOINTMENT OF INCUMBENT MAGISTRATE JUDGE
The current term of office of United States Magistrate Judge Dwane L. Tinsley, at Charleston, West Virginia, is due to expire on April 7, 2021. The United States 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.
The duties of a magistrate judge in this district include the following: (1) conducting most preliminary proceedings in criminal cases; (2) trial and disposition of misdemeanor cases; (3) conducting various pretrial matters and evidentiary proceedings on referral from the judges of the district court; and (4) conducting trial and disposition of civil cases upon consent of the litigants.
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:
Thomas A. Heywood, Chairman
Bowles Rice LLP
PO Box 1386
Charleston, WV 25325
Comments must be received by October 9, 2020.
 
REQUEST FOR PUBLIC COMMENT ON PROPOSED AMENDMENTS
TO RULE 14 OF THE STATE BAR ADMINISTRATIVE RULES
 
By order entered on August 13, 2020, the West Virginia Supreme Court of Appeals approved a request for public comment on proposed amendments to Rule 14, Succession Planning, of the West Virginia State Bar Administrative Rules. The amendments would expand the requirements under the Rule from solo practitioners to include law firms or legal entities of five or fewer lawyers. Comments must be filed in writing with the Clerk of the Court on or before September 18, 2020.
 
Events
 
THE SUPREME COURT OF APPEALS OF WEST VIRGINIA’S
COURTPLUS ELECTRONIC FILING SYSTEM TRAINING
 
The Supreme Court of Appeals of West Virginia is pleased to announce that Pocahontas and Greenbrier counties will be the next to join the WV E-File/CourtPLUS system.  Attorneys and staff are invited to join one of the training seminars listed below. Attorneys will be granted 1.0 Ethics/Office Management CLE credits upon completion of the online course.
Please Note: Training sessions are online webinars only.
CLICK HERE to register for Tuesday, September 1, 2:00 – 3:00 PM
CLICK HERE to register for Thursday, September 3, 10:00 – 11:00 AM
Video Conference Information:
If you wish to participate by Video Conference Join from PC, Mac, Linux, iOS or Android: https://zoom.us/j/3045537225; or
To join audio by phone: 
Dial: 1-646-558-8656  Meeting ID: 304-553-7225 
For more information and documentation on WV E-File/CourtPLUS
visit the Supreme Court of Appeals website at http://www.courtswv.gov/e-file/index.html
 
September 10, 2020
FAMILY LAW CLE
Note: Rescheduled from June 18, 2020
 
Host:  Kanawha County Family Law Bench Bar Committee
Location:   Charleston Coliseum and Convention Center
CLE: 8.9 credits – including 1.1 credits in law office management
Given the ever changing nature of the COVID-19 pandemic and depending on the circumstances prior to the CLE, some additional protective measures may be taken, possibly including the following:
  • Some or all speakers may appear virtually (i.e. Skype or Zoom).
  • The conference may be held virtually. 
All registered attendees will be notified via e-mail regarding any
changes to the program or format. If you have questions, please contact Lyne Ranson at Lyne@lyneranson.com               
 
September 11, 2020 – Free Webinar
11:00 a.m. – 12:00 p.m.
SCREENING FOR BANKRUPTCY – IS IT RIGHT FOR YOUR CLIENT?
 
Host:  Legal Aid of West Virginia
Location:   Live Webinar
Speaker: Ben Sheridan, Esq. – Klein and Sheridan
CLE: 1.2 credits – live
Join Legal Aid of WV for this free CLE to learn more about how to decide whether bankruptcy might be a good option for your client.
 
After registering, you will receive a confirmation email containing information about joining the webinar.
 
September 16, 2020 – Webinar
9:00 a.m. to noon
CONSUMER, DATA BREACH, AND PRIVACY LAW IN WV
CLAIMS – DEFENSES – RESOLUTION
 
Location:  Live Webinar
Speakers:
  • Troy N. Giatras, Esq. The Giatras Law Firm
  • M. David Griffith, Jr., Esq., Thomas, Combs & Spann, PLLC
  • Matthew Stonestreet, Esq., The Giatras Laws Firm
  • Edward “Edd” D. McDevitt, Esq.
CLE:  3.0 general credits
 
 
CLE Announcements
 
Important Reminders Concerning CLE Reporting
Periods and Requirements 
 
  • The 2018-2020 reporting period has been extended to September 30, 2020. All CLE must be completed and reported by that date.
  • The reporting period for 2020-2022 begins on July 1, 2020. The extension of the 2018-2020 reporting period does not affect the start date of the 2020-2022 reporting period.
  • Attorneys who are in compliance for the 2018-2020 reporting period by June 30, 2020 should begin reporting any CLE credits completed after July 1, 2020 to the 2020-2022 reporting period.
  • Attorneys who are not in compliance for the 2018-2020 reporting period should continue to report credits to the 2018-2020 reporting period until such time as you are in compliance. You need a minimum of 24 credits, including at least 3 in legal ethics/law office mgmt./attorney well-being/elimination of bias in the legal profession. Any credits completed after you are in compliance for the 2018-2020 reporting period and after July 1, 2020 should be reported to the 2020-2022 reporting period.
  • If you exceed the minimum CLE requirements for the 2018-2020 reporting period, a maximum of 6 general credits are carried over to the 2020-2022 reporting period. Credits in the ethics categories do not carryover.
  • Course credits cannot be split between reporting periods.
  • Please check your CLE transcripts for accuracy and for pending CLE credits submitted by CLE sponsors that require your confirmation. Credits are not included in your CLE total until they are confirmed and added to your CLE transcript.
 
 
The West Virginia State Bar
www.wvbar.org
 
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