"Tidbits"

Here are some random thoughts on a variety of topics.

JUDICIAL EVALUATION POLL - Now that all of the election results for judicial races have been finalized, reviewed and debated, let's take a look at the relationship between the State Bar's Judicial Evaluation Poll and which candidates were successful. As you will recall, the Judicial Evaluation Poll was completed by more than 40% of the State Bar members. The candidates were rated in seven separate categories from 1.0 to 4.0.

With two positions on the State Supreme Court being available and 63 Circuit Courts Judge slots, there were 65 judicial positions in West Virginia during the primary election which was held on May 9. Of those 78 election races, 19 were contested with at least two candidates vying for the primary election nomination. With most positions being uncontested in the primary, there was a total of 78 actual elections.

In those 19 judicial races, the higher ranked candidate in the Judicial Evaluation Poll was the winner 11 times, the lower ranked candidate won 7 times and in one contest. The candidates were ranked similarly. Therefore, the Judicial Evaluation Poll could not be considered to be a significant factor in the election process.

During the 25 years that the State Bar has been conducting Judicial Evaluation Polls, it is clear that every candidate, whether they are high ranked or not, uses the Poll results to their best benefit in the election campaign. In all likelihood the Judicial Evaluation Poll will not be used again until 2008 when all Circuit Court Judge positions will be up for election.

BAR BLAST - The newest and one of the best benefits to the State Bar members is the weekly Bar Blast news e-mail. More than 2,300 State Bar members have given their e-mail address to the State Bar and thereby receive the Bar Blast every Tuesday.

The short e-mail message - it takes less than 60 seconds to read it - contains interesting and helpful items of interest to lawyers in the state. We have received many extremely positive comments from State Bar members about this easy to use communications tool.

If you want to receive the Bar Blast, just provide your e-mail address to our State Bar webmaster, Cheryl Petty at pettyc@wvbar.org or call her at (304)558-0828. Don't miss out on this fast, up-to-date method of keeping abreast with news about our legal system and our State Bar activities.

LAWYER DISCIPLINARY BOARD - The most important responsibility for the State Bar is the ethical conduct of our members. The Lawyer Disciplinary Board, which consists of non-lawyers and lawyers, receives the complaints from members of the general public, uses the Disciplinary Counsel to investigate and report on these complaints and then makes recommendations for discipline to the Supreme Court, if necessary.

Each year, the Lawyer Disciplinary Board compiles an Annual Report on its activities. There are always some interesting facts in this document.

As an example, for the past several years, the number of complaints has closely averaged approximately 500 per year. Of those complaints, more than 80 to 85% of them are determined to be unsubstantiated.

Of the legitimate complaints, the typical lawyer, who is involved, has been practicing law from 15 to 20 years, is a sole practitioner or in a two to three person law office, primarily handles domestic relations, real estate or criminal defense cases and the major complaints are due diligence and communicating with the client.

IOLTA PROGRAM - The Interest On Lawyer Trust Account (IOLTA) Program continues to provide significant amounts of money for free civil legal services for low income citizens in the state.

At a news conference in May, Supreme Court Chief Maynard announced that the Program had generated more than $7 million since its inception ten years ago. The Program, which is administered by the West Virginia Bar Foundation, accumulates the interest earned on lawyer trust accounts and distributes the money to the legal aid groups in the state as well as to the Court Appointed Special Advocates (CASA) Programs, internships for law students at West Virginia University and an Elder Law Program.

Representatives from the West Virginia Bankers Association and the State Bar also participated in the news conference in Charleston. The financial institutions in the state have been extremely supportive of this innovative program.

There have been legal challenges to IOLTA Programs in the past, including an initial decision by the U.S. Supreme Court. An important case is moving through the Federal Court system again with arguments to be heard in the next several months at an appellate court level. In the meantime, the IOLTA Programs in all fifty states are continuing to operate in the normal fashion.

HOMEPAGE - If you are not regularly using the multitude of information located on the State Bar's homepage - www.wvbar.org - then you are truly missing out. There is practically everything you need to practice law in West Virginia today on the homepage.

From legal research to State Supreme Court Opinions to the State Code to important announcements, you need to use your Internet connection to take a look at the State Bar's homepage. There is a large number of links to various other websites. If you have any comments or suggestions for ways to improve the homepage, just let me know - tindert@wvbar.org.

STATE BAR CENTER - Two major improvements have been made to the State Bar Center in Charleston. The first is a total renovation of the conference room. Under the leadership of the Young Lawyers Section, the room was completely updated and re-done to make it more user friendly. The changes have been widely praised.

To make the facility look even better, State Bar staff members have planted beautiful flowers to accentuate the building. Last year, it was Executive Secretary Kathy Henning and this year it was Executive Assistant Connie Blessing who spent hours planting and cultivating the flowers and shrubbery.

So, when you are in the State Capitol area in Charleston, use the State Bar Center as your own personal branch office. I will be the one outside watering the flowers!