1996-98 ANNUAL REPORT TO THE WEST VIRGINIA SUPREME COURT OF APPEALS

From the West Virginia Mandatory Continuing Legal Education Commission

Pursuant to MCLE Rule 3.7, the following is submitted for the Court's information:

The West Virginia Mandatory Continuing Legal Education Commission (the "Commission") met one time during the 1996-98 reporting period -- September 20, 1999. Other matters which needed Commission attention were handled by telephone conference call or through the mail. The Commission continues to review requests for presumptive accreditation from continuing legal education sponsors, requests for exemptions by active members of the Bar, and complaints regarding the quality of seminars.

Members serving on the Commission during this two-year reporting period were: Chairperson 1996-97, Robert L. Bays, Attorney at Law, Parkersburg; Chairperson 1997-1999, Ellen Maxwell-Hoffman, Attorney at Law, Charleston; Melissa L. Flowers, Attorney at Law, Morgantown; Edward P. Tiffey, Attorney at Law, Charleston.

Patricia A. Keller, Attorney at Law, Huntington; ; Patrick I. Via, Attorney at Law, Lewisburg; Donald J. Tennant, Jr., Attorney at Law, Wheeling; Charles S. Piccirillo, Attorney at Law, Madison; Yolanda D. Haley, Paralegal, Charleston; and Dr. Olen Jones, WV Osteopathic School - Lewisburg.

Course approval requests continue to be reviewed by the MCLE Coordinator with any questionable seminar being handled by a three-member Committee. This procedure has improved the ability to process requests for approval in a more timely fashion and is more cost effective. We received over 1000 requests for course accreditation during the 1996-98 reporting period.

From July 1996, through June of 1997, we received a total of $7825 in course approval processing fees. From July 1997 through June 1998, we received $10,725 in course approval processing fees.

The Committee for Review of Publication and Teaching Credit has three members. Most requests for teaching credit are handled by the MCLE Coordinator based upon the procedures as established by the Committee. Publication requests and special teaching requests continue to be reviewed by the Committee. This Committee received approximately 600 requests for publication and teaching credit for the 1996-98 reporting period.

During this period, the Commission recommended several modifications to the MCLE Rules and Regulations to the Supreme Court. The following modifications to the MCLE Rules were approved as listed below. Changes are indicated by underlining new language and striking through deleted language.

(Rule) 2.3. At least three members of the Commission shall be under the age of thirty-six or admitted to the West Virginia State Bar for less than ten years.

(Rule) 9. Change to Active Status. Any person previously enrolled as an active member of the state bar who has been an inactive member of the state bar, or otherwise completely exempted from the requirements of these rules suspended for nonpayment of dues, or suspended or disbarred by the Supreme Court of Appeals, shall demonstrate that he or she has completed a minimum of twelve hours of continuing legal education, as approved by these rules or accredited by the Commission, at least three hours of which shall be taken in courses in legal ethics, or office management, or substance abuse, within twelve months immediately preceding the application to change to active status. Effective July 1, 1994, any person previously enrolled as an active member of the state bar who has served as a Justice of the Supreme Court of Appeals or a Judge of a Circuit Court shall be exempt from this requirement."

Approximately 5000 attorneys are active within The West Virginia State Bar and, therefore, are subject to comply with the mandatory continuing legal education requirements. In September, 1997, and February, 1998, the Commission provided a transcript to each active attorney reflecting the continuing legal education records entered for the 1996-98 reporting period. This transcript enables each active attorney to verify his or her continuing legal education records with the records maintained in our office. Included with the transcript is a notification of the required number of credits along with the reporting period deadline. In addition, we respond to thousands of inquiries received over the telephone and through the mail, particularly at the end of a reporting period, regarding the number of credits on file in our office.

On December 1, 1998, the Commission provided the Court with a list of those attorneys who had not complied with the MCLE requirement for the 1996-98 reporting period. The Commission petitioned the Court to suspend the licenses of these attorneys until such time as they had complied with the requirement. A total of forty-one names was contained on that list. Subsequent to the original filing of the Petition to Suspend on December 1, thirty-one attorneys had complied with the mandatory continuing legal education requirements and, therefore, were removed from the Petition to Suspend prior to the suspension date of August 16, 1999 as established by the West Virginia Supreme Court of Appeals. Therefore, a total of ten attorneys were suspended for mandatory continuing legal education noncompliance for the 1996-98 reporting period on August 16, 1999.

Effective July 1, 1990, a delinquency fee schedule was imposed for the late filing of Form C (Certification of Completion of Approved Continuing Legal Education Activity), Form D (Application for Publication Credit) and Form E (Application for Teaching Credit). A total of $23,140 has been collected from the 695 delinquent forms received for the 1996-98 reporting period.

Respectfully submitted,

September 17, 1999 Hope L. Gresham