The West Virginia Lawyer

January 1997 Issue

President's Page

TO BE LIKE ATTICUS


With Christmas passed, and the New Year upon us, the Ford family's first "official" task of 1997 is the same as the first "official" task of every other year in our home. That is the none too simple process of taking down the tree and the decorations and packing them away for the next season. Strange as it may seem, the enthusiasm and assistance which Patti and I get from our children is radically diminished as the decorations go into their boxes as compared to when they came out of the boxes several weeks ago.
While putting boxes of decorations in our attic, I came across a box of old books, long-forgotten in an out-of-the-way corner. One of them was a tattered and worn copy of Harper Lee's To Kill a Mocking Bird. I recall reading this book as a child, but more vividly, I recall the movie and every time I see it, I am greatly moved. It was a bit curious, finding the book in the attic, because during the last couple of weeks, while discussing the standards of professional conduct, at least two lawyers have mentioned Atticus Finch and how To Kill a Mocking Bird shaped their early ideas about lawyering in an ethical and professional manner.
I cannot remember when I first saw the movie, but with the development of cable TV, I have seen it several times. I believe that within all of us, there is a desire to be like Atticus Finch, to always do the "right thing" even if it is not the popular thing, to have people respect us and admire us, and to be able to be firm but understanding with our children.
Many lawyers, it seems, are drawn to Atticus Finch. Atticus was the epitome of the ethical and professional lawyer. He represented Tom Robinson because he knew it was his duty. When his daughter was tormented at school by other children, Atticus explained to her that he would not be able to hold his head up anymore if he shirked his responsibility. When Scout asked him if he was going to win, his response was "No, [but] simply because we are licked a hundred years before we started is no reason for us not to try to win."
The truth needed to be told, and Atticus was the only one willing to do so. Atticus himself guarded the jail from the angry mob out to lynch Tom the night before the trial. The system clearly was not fair, and Atticus knew, at least in Alabama, that it would not be. After his skillful representation, everyone knew Tom Robinson was innocent, everyone knew that Atticus had brought out the truth, but prejudice ruled the day.
Atticus did not try his case in the media. He did not publicly blast the judge, the prosecutor, the sheriff or the jurors when the verdict came down against him. He did not participate in courtroom hysterics and he did not berate witnesses. He calmly and methodically made his point and displayed, by example, his high moral standards and his professionalism. Atticus led by example, patience and perseverance. He did not have his secretary or staff call Helen Robinson to relay updates on Tom's status and the progress of the trial. He personally went to her home and offered his compassion. In what I have always considered to be the greatest scene in the movie, after the verdict was read and the courtroom was clear, Reverend Sykes and the gallery of black men and women in the balcony stand, out of deep and heartfelt respect, as Atticus left the courtroom.
Just as we are drawn to the character of Atticus Finch, we can all learn by his example. The same professionalism that moves us when we see the movie or read the book can certainly serve as a guide in our own practices and personal lives. On November 22, 1996, the Supreme Court adopted Standards of Professional Conduct. Part of the Preamble provides that "Lawyers conduct should be characterized at all times by personal courtesy and professional integrity. In fulfilling their duties as lawyers to represent a client vigorously, they should be mindful of their obligations to the administration of justice. Lawyers owe to opposing Counsel, the parties, and the Courts, a duty of courtesy, candor, honesty, diligence, fairness and cooperation."
Perhaps the Standards of Professional Conduct can remind us of Atticus Finch and help to renew in each of us that sense of justice and decency. I encourage you to add this classic to your nighttime reading or share the movie with your children some weekend instead of Power Rangers or Ace Ventura.
We would all do well to be a little more like Atticus.

Dean's Column

"A Tribute to Professor William E. Johnson"

The initiation of the Spring, 1997 semester will be marked by an experience that has not occurred for more than 33 years. For the first time in more than three decades, William E. Johnson, who is retiring at the conclusion of the Fall, 1996 semester, will not be an active member of the West Virginia University College of Law faculty.
Bill's association with West Virginia University was initiated in 1956, when he graduated with an A.B. degree from WVU, and earned membership in Phi beta Kappa. He graduated from the College of Law in 1959, and after a brief period of private practice, he served for three years as a Captain in the United States Army JAG Corps. He next clerked for the Honorable Harry E. Watkins, judge of the United States District Court for the Northern District of West Virginia, and returned to the College of Law in 1963, succeeding
Henry Collins as Director of Continuing Legal Education.
By any measure, the litany of Bill's many contributions to the College of Law is impressive. After three years as CLE Director, he earned a Masters of Library Science degree at the University of Washington, and joined the law faculty as Director of the Law Library in 1967, a position in which he served for 18 years. Bill was promoted to Professor of Law in 1976, and became a full-time classroom teach in 1985. His areas of expertise include Property and Wills and Trusts, but his unique forte is Legal History, especially English Legal History.
Bill has enriched the College of Law in innumerable ways throughout the decades. He served on the Building Committee that planned and designed the "new" law center structure, and has served on the Admissions Committee each year since that Committee's inception. His service as master of ceremonies for law school events is legendary, and those of us on the law faculty who are logistically challanged will find it difficult to maneuver through the annual Hooding ceremony without his able direction. He has also served as Secretary/Treasurer -- and mainstay -- of the College of Law Association, an alumni organization that provides emergency funds to students whose exigent circumstances require an expedited short-term loan. He is also the unofficial historian of the law faculty; his office includes shelves of notebooks that contain every memorandum, law school communication, or document that has circulated throughout the College of Law since 1963, a veritable treasure trove of instititional history.
However, it is as a valued and beloved colleague and teacher, a lively companion, and a sophisticated and witty raconteur, that Bill will be best-remembered. Bill holds an awe-inspiring store of intriguing information, and taps it daily to recount vigorous, captivating stories. As Lisa Eichhorn observes, Bill taught us about the history of the law school, of West Virginia, of the Hundred years War, about the City of Dubrovnik and so many other fascinating topics. Grace Wigal inquires: Who will accept my gift of a ham hock, knowing not only what it is, but how to use it to cook a wonderful pot of fresh green beans? Who will be able to explain to students that Star Chamber was a court and not a present-day planetarium in Pittsburgh. And who will tell us why the ceilings are so low at Falling Water? Indeed, the College of Law will be a place less bright and less interesting without the daily pleasure of Bill's enlivening charm and wit, his elegence and grace.
All of us who are members of the College of Law community who enjoy the privilege of Bill's friendship, all of us whose lives he brightened and enriched, will miss him deeply and cherish the time he spent with us. I close this tribute by quoting statements that three of Bill's colleagues wrote to him.

The steady, unrelenting concern for the welfare of the law school over the many years I have known you reflect a level of loyalty and responsibility that are admirable and just plain wonderful. The law school is a better place because of your concern.

Professor Emeritus Willard D. Lorensen


We can experience today's events more fully if we have some understanding of the past -- our history, our culture, our roots. But in today's hyper-frenetic world, many of us are too busy to try to place our daily experience in any sort of context. We need someone like you to remind us of what has come before, so that we can better understand where we are going. And that is precisely why knowing you as a professor and as a colleague has been so enjoyable. Both your unparalleled knowledge of history and your keen memory of the poignant and significant moments of your own life have helped students and faculty alike to discover "poetical elements" in their daily existence.

Professor Grace Wigal


Your sense of fairness, your constancy and dedication to what you believed was right in the face of ever-shifting standards, and your dedication to the law and the teaching of the law have been -- corny as it may seem to express it -- an inspiration. We will all miss you very much.

F. D. Huntington once said: "Behavior is the perpetual revealing of us. What a man does, tells us what he is." What you did with your life and your profession told us you are a gentleman with high personal standards, a scholar of the law, and to those of us who know you well, of life in general, a deeply caring friend whose footsteps will echo about this law school for generations to come.

Professor Forest J. (Jack) Bowman


 

YLS Section

 YLS

A SHOT IN THE DARK


Last week, I was watching a local television news broadcast when a human interest story aired concerning the impact of recently passed welfare reforms upon America's poor. At the beginning of the story, the reporter explained that legislation signed by the President significantly alters the requirements for obtaining food stamps, among other changes. In particular, the legislation requires otherwise qualified food stamp recipients to get jobs in order to continue to receive food stamps.

I have not had the occasion to review the legislation in question, or the myriad nuances of the changes it will effect; nonetheless, if the reporter's description of the statute is generally accurate, it is not difficult to discern the theory which is the basis for requiring food stamp recipients to get jobs. Many analysts view the former structure of America's welfare system as an institutional trap containing disincentives, and even penalties, for welfare recipients who attempt to climb out of poverty by going to work. Thus, the recipients are often sucked into a bureaucratic vortex which sustains a cycle of poverty for successive generations from birth to death. By making employment a pre-requisite for the recipients of food stamps, the Congress and the President have attempted to transform the food stamp program into an incentive system which rewards work. In time, it is hoped that long-term food stamp recipients will get better jobs, increase their personal income and eliminate their dependence upon public assistance.

The changes in the food stamp program, of course, will only prove to be successful in practice if the recipients are reasonably able to find jobs and single parents in the program have access to affordable day care for their children. There will obviously by many other wrinkles in the new legislation which will need to be ironed out, thus the transition period will likely be difficult for current recipients of the food stamp program. Nonetheless, the welfare reform legislation passed this year is the first serious attempt to revamp the welfare system since its inception. If the former welfare system truly was part of the problem contributing to America's unacceptably high poverty rate, the new changes in the system should begin to prove or disprove the hypothesis within the next five years.

* * *

The West Virginia Practice Handbook and "Bowman's Ethics and Malpractice Alert" are still available for purchase. If you would like to obtain these publications, please call or write the West Virginia State Bar.

In addition, the YLS continues to solicit volunteers to help produce a "Solo Practioner's Handbook" tailored to the practice of law in West Virginia. If you would like to help, please contact YLS Treasurer Reginald Osenton at (304) 752-6296.

Tinder Box

THE TINDER BOX

State Bar Financial Report

The most sensitive aspect of any entity, whether it is the operation of your law office, the company or organization where you work or the State Bar, is its financial condition.
The State Bar operates on a fiscal year from July 1 through June 30. An annual audit is performed with the auditor personally meeting with State Bar officers to review the revenues and expenses for the previous year. A formal report is then given to the State Bar's Board of Governors at its Fall meeting. Then a thick packet of material, including the audit report, is required to be filed with the West Virginia Supreme Court of Appeals by no later than November 1.

In the Spring of 1996, State Bar members were asked to vote on a membership dues increase - the first one in 11 years. By a vote of 58% to 42%, the dues increase was approved. Incidentally, there are only three State Bars in the nation where the members individually vote on changes in the dues structure.
As always, I wish to give you a report on the State Bar's financial condition. You can review the individual revenue and expense categories for the 1995 fiscal year as compared to the 1996 fiscal year on the opposite page.
There are several aspects of these finances that I wish to highlight for you.

* The revenues for the Annual Meeting increased in 1996 over 1995. This is due to the 1996 Annual Meeting occurring toward the end of a mandatory continuing legal education reporting period. There are always more bar members in attendance at an Annual Meeting that occurs at the end of a reporting rather than one that occurs in the middle. However, the number of members attending Annual Meetings in order to get large amounts of continuing legal education credit has decreased significantly because of the extensive opportunities available for attending CLE seminars, both within West Virginia and outside the State.

* The TechNet fees revenue was down slightly in 1996 as compared to 1995. Much of this decrease occurred through the provision of TechNet passwords for specific groups.

* The amount of Legal Ethics revenues was at a lower level. This category is for the reimbursements for the expenses involved in pursuing legal ethics complaints. A large reimbursement had been paid in 1995.

* The Young Lawyers Section was successful with its sale of Practice Handbooks. The first printing of this excellent publication was sold out almost immediately, in the amount of $245 for the two volume set.

* The 1996 Annual Meeting expenses were kept in close check. Through the efforts of the State Bar Administrative staff, especially Executive Assistant Connie Blessing, the costs were kept at a minimum without any detrimental effect on the success of the program.
* The expenses for the Lawyer Disciplinary Board were down a small amount in 1996 from 1995. The State Bar continues to commit more than 50 cents of each membership dues dollar to the legal ethics process.

* Through certain actions, the expenses for the State Bar officers, the Executive Director and the Executive Assistant, were less in 1996 as compared to 1995. There was a conscious effort made to utilize these resources in the most effective and efficient manner.

* Overall, the revenues for the State Bar grew by approximately 3% from 1995 to 1996, while the expenses basically stayed at the same level.

The State Bar plans to utilize the increased membership dues revenue in a most prudent fashion. The Bar officers and the Board of Governors members undertake their responsibilities very seriously in giving the best stewardship to the State Bar's finances. There are three basic objectives that the State Bar will be pursuing in the near future.

1. Build up the State Bar's reserves in order to be prepared for any emergency needs. The Board of Governors has budgeted an amount of almost $50,000 for the current fiscal year.

2. Expand and enhance the programs and services provided to State Bar members. A prime example is the State Bar directory which will be mailed to you within the next couple of months. This useful source of information is always well received by the membership. The plan is to make it an annual publication.

3. Use automation and technology to operate the State Bar in the best manner and to assist State Bar members in computerizing their office operations to better serve their clients.

The State Bar is extremely pleased with the action taken by its members in approving the membership dues increase. It was a most important move for the continued success of the State Bar.

TechTalk

The West Virginia Journal of Law and Technology Established
by WVU College of Law


When technology advances rapidly, the law is often left behind. Recently, with the advent of global innovations such as the Internet, the gap between the law and modern technology has broadened dramatically. These new technologies have not only tested the limits of existing law, but have also created legal issues never before contemplated.
The tension between law and developing technologies has captured the interest of a group of students at the West Virginia College of Law. The College of Law now has an outlet to channel this interest, The West Virginia Journal of Law and Technology (the "WV JOLT").
The WV JOLT is the second academic journal published at the College of Law. For the past six months, its editorial staff has been preparing to release the inaugural issue of Volume I, which will be available in early 1997. However, copies of the WV JOLT will not be found in the library stacks. Instead, the WV JOLT will be published exclusively on the Internet.
"Publishing on the Internet has two key advantages," explained the editor-in-chief of the WV JOLT, Anthony Cabrera. "First, it eliminates any budgetary constraint on the amount of pages that can be published, and second, it provides access to a broad audience, potentially millions of readers with minimal start-up costs."
While the Journal itself was created exclusively by law students, interest in the WV JOLT has spanned to prominent academics across the country and overseas. The premiere issue will likely feature articles by Dr. Viktor Mayer-Schonberger of Austria and University of Oklahoma Law Professor Kevin Saunders, an article co-authored by Judge Dan O'Hanlon and Gerald Blair, as well as the transcript of a speech recently given by ACLU President Nadine Strossen at the WVU College of Law.
Possible topics include the following: the efforts of government to control on-line information; an introduction to the Internet for lawyers; constitutional feasibility of the V-Chip; an introduction to on-line dispute resolution; and the evolving law of cyber-liberties.
The inaugural issue will also contain one or more practical pieces by lawyers who have incorporated cutting-edge technologies into their practices, as well as several student articles on current topics. To date, author submissions to the WV JOLT have surpassed initial expectations, and the publication of a second issue in Volume I of the Journal is tentatively planned for the Spring of 1997.
Nevertheless, the WV JOLT needs more submissions. If you have an article, essay, practical piece, or software review that is compatible with the general theme of the journal, please send it to either of the addresses listed below. If you have any questions, please call the WV Jolt office at 304-293-7283 or send an E-Mail to wvjolt@wvnvm.wvnet.edu.
The inaugural issue of the West Virginia Journal of Law and Technology will be published in March of 1997 at the following Interent address: WWW.WVJOLT.WVU.EDU.

 

Letters to the Editor

Dear Editor:

I'm disappointed in the State Bar for printing "The Flower-Child Statutes" article as the lead article in the November 1996 issue. It's a sad reflection on us.
I noticed that, in his article, the author refers to the witness in a probable cause hearing as "the good citizen." He refers to the prosecutor as the poor woman who "waited over an hour" because the Mental Hygiene Commissioner "inflict[ed] the rules of evidence" upon her. He refers to the patient as "it".
A former prosecutor (and a friend of mine) once told me she could indict a ham sandwich. If we made Mental Hygiene probable cause hearings any easier, I bet she could commit a BLT.

Sincerely,

Steve Warner
Deputy Public Defender




Dear Tom:

I wanted to make sure that you got a copy of the newest edition of Women and the Law: A Legal Rights Handbook, which arrived from the printer recently. I believe Mary Clare Eros mentioned to you that the book was near completion.
We were very pleased, once again, to work with the Women Lawyers Committee of the West Virginia State Bar on this very popular publication. There were approximately 500 women and organizations from around the state who had placed orders for the second edition, and we are very pleased to be able, once again, to offer this valuable resource to state women.
I have been working with Connie Blessing over the last several weeks. She has been making sure that contributions for the law handbook are being placed in the proper West Virginia Bar Foundation account, and that expenses incurred for the book are being paid.
Again, it has been a pleasure to work with your organization on this project. If you would like more copies of Women and the Law, please let us know.

Sincerely,

Sheila McEntee
Communications Manager

RESPONSE TO FLOWER CHILD ARTICLE
By H. John Rogers, Esq.

Vito Mussomeli's article Mental Hygiene Hearings: The Flower-Child Status, in the November 1996 issue merits a response, but I hardly know where to begin. My qualms with the author's positions are such, that I feel a little like St. John at the end of his gospel who wrote, "[I]f they should be written every one, I suppose that even the world itself could not contain the books that should be written." For lack of a better approach - the author seems to hold a weltanschauung that would have gainered him an adminstrative position in the Soviet gulags - I shall start at the beginning.

In a prefatory note, Mr. Mussomeli complains that "West Virginia is the only state which requires a legal hearing prior to involuntary committment on an emergency basis." Then, he goes on to lament that West Virginia denies a mental patient the "opportunity" to be committed without a court order.

When I read these opening words, I decided that I must have been missing something. Has the West Virginia Civil Liberties Union been derelict in pursuit of its self-declared charge? Have they focused too much on the mention of G-d in public places and, by their inaction, denied the general populace the "opportunity" to be locked up on the unreviewed and unreviewable say-so of a general practioner.

After a few preliminary quibbles in the text, Mr. Mussomeli complains that the accused (accused of a mental condition) can request a 48 hour continuance. Then the "cat-o-nine-tails" hearings are held under the rules of evidence.

Can you imagine that! These knee-jerk liberals are employing the rules of evidence. Over the years, I have heard people complain about Mapp and Miranda, and heard a veritable raft of other evidentiary complaints, but no one to my knowledge has even taken the blunderbuss approach before.

Hell, yes! After we kill all the lawyers, let's abolish the Rules of Evidence and let everything in hearing go on until one party quits talking. We can do it like they used to do the filibusters in the U.S. Senate. If and when he ever retires, Strom Thurmond can resume his career as a trial lawyer.

Mr. Mussomelli states that "the Commissioner [has] no training in mental illness, retardation or addiction unless they happened on it elsewhere in life" and that they "inflict the rules of evidence in a tireless example of infrequent brainwaves."

He then bolsters his case with anecdotal evidence, so I suppose that I have to counter with some war stories of my own. My experience consists of only four cases, but I have played all the roles except Commissioner.

DEFENSE COUNSEL
In the late 1970's, I was appointed to represent a woman in her early 40's with regard to a permanent committment to Weston. A female psychiatrist, educated in the Philipines, was there to testify. As I skimmed through the records - I had been appointed the day before - I noticed that the doctor's husband, also a psychiatrist, had examined the woman as well. He had, however, come to a different diagnosis which called for radically different drugs. (If a patient gets anything other than drugs and milieu therapy while hospitalized, somebody's made a mistake.) When querried about why the woman had to be hospitalized since all she had to do was take her medication three or four times a day, the doctor said that she lacked "insight."

Q. How do you know she lacks insight?

A. Because she doesn't admit that she is insane.

Q. Then, if she admits that she is insane, she can go home and take her medication?

A. No. Then we will keep her.

I muttered the title of one of Joseph Heller's books in my closing but to no avail. The woman was packed off to Weston so that she could gain some insight.

PATIENT

Back in 1981, I got into fisticuffs with the chief of police at a local restaurant. Since he realized that the Magistrate (who didn't particularly like him) would just release me on my own recognizance, he sought and obtained a committment order from the Commissioner (who didn't particularly like me). I rather enjoyed my stay at Northwood, a mental health facility in Wheeling. It was co-ed and an orderly (who happened to be a former client) offered to provide me with drugs and alcohol, to complement my nubile sister detainees. (I didn't inhale.) Also, there was a rather decent chess player on the premises, so I settled in for the long haul. Some friends got concerned and talked me into filing a hapeas corpus. The Honorable George Spillers declared me sane. At the two hearings before the Commissioner, there were no physicians, psychologists or psychiatrists who testified. Just the Chief.

PROSECUTOR

It became obvious to me that a mental committment was being used by a landlord to wrongfully evict a tenant. (The landlord was the applicant, so it did not take unusual prescience to reach this conclusion.) I moved to dismiss and then we had some fun. I can't remember whether I was fired or just quit as assistant prosecutor. It was probably a dead heat.

EXPERT WITNESS

Frankie was a nice guy and he did some odd jobs for me, including staying in my house one winter when I was in New York. However, as Dr. Johnson said of Christopher Smart, it's alright to be religious, but one shouldn't take it too seriously. Frankie got tied up with the Worldwide Church of God in Pasadena, and, I guess, eventually went off the deep end. He had been in Weston for a while when he wrote me. They were going to hold a hearing about his permenant commitment. Would I represent him?

A young fellow with Jackson & Kelly had been appointed counsel and I told Frankie, "It doesn't get any better than that." I broached the idea of my being the expert witness on his behalf and he readily agreed. Frankie was always easy to get along with.
At the hearing, I think I outdid myself. After summarizing the case history and making a few references to Otto Rank and Jung, I said, "Mr. Commissioner, this man is no more insane than I am."

Frankie walked.

In "Mental Hygiene Hearings; The Flower-Child Status," the author wants to make it easier and quicker to deprive people of their liberty for their own good. He concludes his article with this ringing declaration: "A mental patient's right to be free of the irons of disease and addiction must always be greater than his right to walk where he wants."

If the system we have is a sort of errotic paternalism, then what Mr. Mussomelli is calling for is a jack boot fascism that would be largely adminstered in West Virginia by semi-professionals or the graduates of foreign medical schools. The board certified psychiatrists - the only people who should be making this sort of decision - are few and far between at these hearings.

More importantly, the author seems to be totally clueless about what's really going on here. People get committed because other people don't know what to do with them. Further, a little bureaucracy has arisen and is well in place to facilitate the process. I would be willing to wager that mental committment petitions initiated by a physician in family practice or a psychologist in private practice are rarely more than the people who will admit that they voted for Richard Nixon. We have a system where marginal members of the mental health field deal with marginal members of the society.

Finally, as many have pointed out, the one absolute precondition to receiving any worthwhile treatment is the desire to be treated, the desire to change one's life, etc. Sigmund Freud did not rely on the court system of Old Vienna to provide him with patients.

The same is a fortiorari true with regard to drug and alcohol "treatment". Compulsion simply does not work. We have it on no less an authority than Bill W., the co-founder of Alcoholics Anonymous, that the one essential ingrediant is the desire to quit drinking. As an interested observer of the process for some 15 years, I can state categorically (an anecdotally) that those people sent for "treatment" by the courts or the Division of Motor Vehicles are rarely those people who will admit that they voted for Richard Nixon three times.

For those who wonder why this system functions as it does, I would commend George Orwell's seminal essay "To Kill an Elephant."

C. S. Lewis, in one of his essays, discussed the mental committment procedures in England, which are couched with the same benign paternalism as our own. "Better a ditch and a hedge!" was his prescription.

In 1766, William Pitt (the elder) stated in the House of Commons: "I rejoice that America has resisted. Three million of people, so dead to all the feelings of liberty, as voluntarily to submit to be slaves, would have been fit instruments to make slaves of the rest."

I assume that Mr. Mussomeli would demur.

 

Feature Articles

Pro Bono Referral Project Thanks Participating Attorneys

Severe cuts in federal funding for legal services during the past year necessitated drastic changes in programs both nationally and statewide. In West Virginia these changes included: (1) West Virginia Legal Services Plan, Inc. taking over services for the six counties formerly served by North Central Legal Aid Society; (2) Appalachian Research and Defense Fund closing four of its offices; and (3) due to the uncertainty of future funding, resignations of more than one dozen legal aid lawyers from the three statewide programs.

Despite intensive search efforts, two offices of West Virginia Legal Services Plan -- Parkersburg and Huntington -- operated for several months with no attorneys on staff. The private bar in both areas came to the rescue with increased pro bono participation.

ATTORNEY OF THE DAY

Staff in both offices established an "Attorney of the Day" program which has worked extremely well. The legal services staff completes a normal interview with a prospective client, determining that the client is financially eligible for legal services and has a case with merit. The client is then advised the day that the next Attorney of the Day will be making return calls and is told to expect a call on that day.

The Attorney of the Day comes to the legal services office at a pre-set day/time and returns calls to all the clients, providing advice and brief service. Most of the clients received only advice; no further representation was provided. However, in some cases, attorneys were found who accepted the case on a pro bono basis.

Without the assistance of these private attorneys, these clients would have been turned away with no assistance whatsoever. Some of the attorneys expanded their assistance by accepting cases themselves or by making calls to other attorneys to refer the most pressing cases.

Although both offices now have attorneys on staff, the Attorney of the Day program has worked so well, it will be continued, at least on a temporary basis.

The Pro Bono Referral Project and West Virginia Legal Services Plan would like to thank the following attorneys who have helped make the Attorney of the Day program successful by providing assistance to low-income clients:

Huntington Office Parkersburg Office

Charles Albright Robert L. Bays

Russell Alexander Robert D. Campbell

Charles Bagley, III George Y. Chandler

William Beckett Katharine Davitian

George Beter Theodore Davitian

W. Dan Egnor Ernest M. Douglass

Gene Gardner Jeffrey A. Elder

Louis George John N. Ellem

Cheryl Henderson Robert S. Fluharty, Jr.

W. Stanley James David M. Goldenberg

Bert Ketchum Robert T. Goldenberg

Menis Ketchum Eugene T. Hague, Jr.

Daniel H. Konrad Dennis R. Lewis

Mark McOwen Patrick E. McFarland

R. Kemp Morton Joyce K. Poster

David Ray Elizabeth A. Pyles

Nicholas Reynolds William B. Richardson, Jr.

Donald Sammons Susan D. Simmons

Sherry Eling Sammons James I. Stealey

Lawrence J. Tweel Darren Tallman

David Tyson J. Michael Weber

Richard Vital

Matthew Vital

James Young

* * * * *

APPALACHIAN STAND DOWN '96

Attorneys also provided legal advice to homeless and disadvantaged veterans at the second Appalachian Stand Down held at Jackson's Mill September 6th - 8th. Lawyers provided advice on a variety of legal subjects, including child support, divorce, Social Security, veterans benefits, wills/estates, and criminal matters.

Thanks to the following attorneys who volunteered their time on a Saturday to assist needy veterans:

Vicki Almase, Weston Dwight Hall, Elkins

Richard Cohen, Fairmont Michael Miskowiec, Charleston

Scott Curnutte, Elkins John Oshoway, Grantsville

Larry Fraley, Reedsville *Bob Richardson, Clarksburg

Floyd Fullen, Shinnston *Rebecca Sheppard, Washington

*denotes legal services attorney

In addition to legal services, indigent veterans were provided medical and dental screenings; free eyeglasses from LensCrafters; assistance with various benefits, including Social Security, welfare and VA; employment assistance; and spiritual and psychological counseling. Each veteran was supplied with a sleeping bag, Army blanket, and a variety of military and civilian clothing.

For the second year, West Virginia Legal Services Plan was the primary organizer of this event, for which seven members of their staff volunteered the whole weekend and several more were heavily involved in the preparation.

A number of other organizations supported this activity with volunteer manpower or donations of either money or other items. These include: all four VA Medical Centers in the state; the VA Regional Office in Huntington; Vet Centers; Legal Aid Society of Charleston; the U.S. Army Reserve; the Bureau of Employment Programs; Goodwill Industries of the Kanawha Valley; Point Man International Ministries; The American Legion - Department of West Virginia and individual posts and auxiliaries; Veterans of Foreign Wars - Department of West Virginia and individual posts and auxiliaries; One Valley Bank; E.I. DuPont de Nemours; plus several churches and unions across the state.

* * * * *

PRO SE CLINICS

Another way that attorneys can assist clients without providing full representation in a case is by conducting pro se clinics to help clients represent themselves. The two most common clinics used throughout the state are for divorce and bankruptcy. Clients are first screened to determine their eligibility and their competence in proceeding with the case themselves.

These clinics are held regularly in different areas of the state. We would like to thank the following attorneys who have helped conduct clinics for low-income clients during 1996:

Pro Se Divorce Clinics

Huntington Office Parkersburg Office

David Lockwood Catherine Adams

Sherry Eling Sammons John Butler

John Stapleton Darren Tallman

Marc Williams

Ohio County Randolph County

Susan Dodd Christina Bush

Jo Lynne Nugent Scott Curnutte

Harrison County

Daniel T. Baker

Debra Chafin

Shawn Morgan

H. Keith Skeen

William "Chet" Walker

(NOTE: The pro se divorce clinics sponsored by the Legal Aid Society of Charleston are conducted by Maureen Conley, a staff attorney.)

Bankruptcy Clinic/Bankruptcy Screening

Legal Aid Society of Charleston

Evelyn Anderson

Sharri Collias

Andy Nason

Deborah Reed

Steve Thomas

Wills Clinic

Lawyers have also helped senior citizens in wills clinics. At these clinics, the attorney gathers sufficient information from the clients to prepare the will. After the will is drafted in his office, he again meets with the clients and executes the wills. Thanks to these attorneys who conducted wills clinics during 1996:

Harrison County

Harold Bailey

Clint Bush

H. Keith Skeen

William "Chet" Walker

* * * *

NORMAL REFERRALS

Attorneys statewide continue to accept referrals of pro bono cases from local legal services offices. In a future issue of The West Virginia Lawyer, we will list all of the attorneys who have volunteered for the Pro Bono Project. Sincere thanks to all attorneys who have provided assistance to needy citizens of our state, either through the Project or in other ways.

If you have not already signed up for the Project, you may contact your local legal services office.

STANDARDS OF PROFESSIONAL CONDUCT

PREAMBLE

Society at this time seems to be accepting a fundamental loss of common courtesy as a trend that accompanies the fast-paced existence most Americans now live. Perhaps instant communication, in which more information needs to be assimilated more rapidly, has rendered thoughtfulness nearly impossible. Perhaps it is simply the cynicism inherent in a society that values winning at all costs.

It is appropriate for judges and lawyers to revive valuable traditions that may be lost. Civility is particularly important in the courtroom where emotions are close to the surface because of the normal conflicts that arise in the search for the truth. These standards address and respond to concerns, not only in the State of West Virginia, but through the nation, over deteriorating professionalism.

Lawyers' conduct should be characterized at all times by personal courtesy and professional integrity. In fulfilling their duty as lawyers to represent a client vigorously, they should be mindful of their obligations to the administration of justice. Lawyers owe to opposing counsel, the parties, the courts and the court's staff a duty of courtesy, candor, honesty, diligence, fairness and cooperation.

Judges' conduct should be characterized at all times by courtesy and patience toward all participants. Judges owe to all participants in a legal proceeding courtesy, attentiveness, respect, diligence, punctuality, protection against unjust and improper criticism or attack, and a dedication to the proper administration of the courts.

Conduct characterized as uncivil, abrasive, abusive, hostile, or obstructive impedes the fundamental goal of resolving disputes rationally, peacefully and efficiently, and tends to delay and often to deny justice.

The following standards are designed to encourage lawyers and judges to meet their obligations to each other, to litigants and to the system of justice, and, thereby, to achieve the goals of civility and professionalism, both of which are hallmarks of a learned profession dedicated to public service.

Lawyers and judges should make a mutual and firm resolution to these standards. Voluntary adherence will promote the commitment by all participants to improve the administration of justice throughout the State of West Virginia.

These standards shall not be used as a basis for a cause of action nor shall they form a presumption that a legal duty has been breached. Nothing in these standards supersedes or detracts from existing disciplinary codes or alters existing standards of conduct against which lawyer or judicial misconduct or negligence may be determined.

These standards should be reviewed and followed by all West Virginia judges as that term is defined in Canon 6 of the Code of Judicial Conduct and by all lawyers licensed to practice in this State or who are admitted pro hac vice. Copies may be made available to clients to reinforce the obligation to maintain and foster these standards.


I. LAWYERS' DUTIES TO OTHER COUNSEL AND THE COURTS

A. CIVILITY AND COURTESY

1. A lawyer should treat all counsel, parties, and witnesses in a civil and courteous manner, not only in court, but also in all other written and oral communications. A lawyer should not, even when called upon by a client to do so, abuse or indulge in offensive conduct, disparaging personal remarks or acrimony toward other counsel, parties or witnesses.

2. A lawyer should not encourage or knowingly authorize any person under the lawyer's control to engage in conduct that would be improper if the lawyer were to engage in such conduct.

3. A lawyer should not, absent good cause, attribute bad motives or improper conduct to other counsel or bring the profession into disrepute by unfounded accusations of impropriety.

4. Court sanctions should not be sought without first conducting a reasonable investigation and unless fully justified by the circumstances and necessary to protect the client's lawful interests.

5. A lawyer should adhere to all express promises and agreements with other counsel, whether oral or written, and should adhere in good faith to all agreements implied by the circumstances or local customs. Where practical, such agreements should be reduced to writing.

6. A lawyer should endeavor to confer early with other counsel to assess settlement possibilities, but should not falsely hold out the possibility of settlement as a means to adjourn discovery or to delay trial.

7. A lawyer should not ascribe a position to another counsel that counsel has not taken or otherwise seek to create an unjustified inference based on counsel's statements or conduct.

8. Unless specifically permitted or invited by the court, a lawyer should not send copies of correspondence between counsel to the court. Counsel may copy the court when the correspondence does not contain material which would infer that counsel or witnesses have conducted themselves inappropriately.


B. CONDUCT AS TO DISCOVERY AND OTHER LEGAL MATTERS

1. In civil actions, a lawyer should stipulate to relevant matters if they are undisputed and if no good faith advocacy basis exists for not stipulating.

2. A lawyer should not use any form of discovery or discovery scheduling as a means of harassment or to increase litigation expenses. Depositions should only be used when actually needed to ascertain facts or information or to perpetuate testimony.

3. A lawyer should make good faith efforts to resolve by agreement objections to matters contained in pleadings and discovery requests prior to submission to the court for resolution.

4. A lawyer should not time the filing or service of motions or pleadings in any way that unfairly limits another party's opportunity to respond.

5. Requests for an extension of time should not be made solely for the purpose of unjustified delay or to obtain a tactical advantage.

6. Other counsel should be promptly contacted regarding scheduling matters in a good faith effort to avoid scheduling conflicts and endeavor to accommodate previously scheduled dates for hearings, depositions, meetings or conferences.

7. A lawyer should notify other counsel and, if appropriate, the court and other interested persons, at the earliest possible time when hearings, depositions, meetings or conferences have to be canceled or postponed. When a trial is vacated by reason of settlement, or otherwise, counsel should notify all interested parties promptly.

8. A lawyer should agree to reasonable requests for extensions of time and for waiver of procedural formalities, provided the clients' legitimate rights will not be materially or adversely affected.

9. A lawyer should not cause any default or dismissal to be entered without first notifying opposing counsel, when the identity of such counsel is known.

10. A lawyer should not engage in any conduct during a deposition that would not be appropriate in the presence of a judge. This includes asking only those questions that are reasonably necessary for the prosecution or defense of an action and not obstructing or objecting to deposition questions unless necessary to preserve an objection or privilege for resolution by the court.

11. A lawyer should carefully craft document production requests so they are limited to those documents reasonably believed to be necessary for the prosecution or defense of an action. Production requests should not place an undue burden or expense on a party.

12. A lawyer should respond to document requests reasonably and not strain to interpret the request in an artificially restrictive manner to avoid disclosure of relevant and non-privileged documents. Documents should not be produced in a manner designed to hide or obscure the existence of particular documents.

13. A lawyer should carefully craft interrogatories so they are limited to those matters reasonably believed to be necessary for the prosecution or defense of an action. Interrogatories should not be designed to place an undue burden or expense on a party.

14. A lawyer should respond to interrogatories promptly and reasonably and not strain to interpret them in an artificially restrictive manner to avoid disclosure of relevant and non-privileged information.

15. A lawyer should base any discovery objections on a good faith belief in their merit and should not object solely for the purpose of withholding or delaying the disclosure of relevant information.

16. When a draft order is to be prepared by counsel to embody a court's ruling, the draft should accurately and completely reflect the court's ruling. The draft order should be promptly prepared and submitted to other counsel. Objections to the draft order should be made promptly. A diligent attempt to reconcile any differences should be made before the draft order is presented to the court.


C. LAWYERS' DUTIES TO THE COURT

1. A lawyer will speak and write civilly and respectfully in all communications with the court. A lawyer should not knowingly misrepresent, mischaracterize, misquote, or miscite facts or authorities in any oral or written communication to the court. Moreover, a lawyer should not write letters to the court in connection with a pending action, unless invited or permitted by the court. Whenever communication with the court is mandated, copies of the correspondence should be provided to all counsel.

2. A lawyer should be punctual and prepared for all court appearances so that all hearings, conferences and trials may commence on time. If delayed, a lawyer should notify the court and, if possible, opposing counsel.

3. A lawyer should be considerate of the time constraints and pressures on the court and court staff inherent in their efforts to administer justice, and should act and speak civilly to the court and all of its personnel with an awareness that they, too, are an integral part of the judicial system.

4. A lawyer should not engage in any conduct that brings disorder or disruption to the courtroom. Clients and witnesses appearing in court should be advised of the proper conduct expected and required. To the best of the lawyer's ability, clients and witnesses should be prevented from creating disorder or disruption. If the lawyer anticipates a disorder or disruption problem with a client, the lawyer may wish to notify the court or its bailiff prior to the proceeding. If a lawyer anticipates a disorder or disruption problem with a witness, the lawyer should notify the court or bailiff prior to the proceeding; and should also do so if a client intends to commit serious bodily injury or damage to another's property, as provided under Rule 1.6(b)(1) R.P.C.

5. Before dates for hearings or trials are set, or if that is not feasible, immediately after such date has been set, the lawyer will verify the availability of necessary participants and witnesses. The lawyer shall promptly notify the court of any problems involving attendance of such participants and witnesses.


D. LAWYERS' DUTIES TO THE CLIENT

1. A lawyer's primary responsibility is to the client. However, a lawyer is an officer of the court and has an independent duty to the judicial system which serves both the lawyer and the client.

2. A lawyer's conduct is governed by the West Virginia Rules of Professional Conduct and by the rules of the courts before which the lawyer practices. A lawyer's conduct is governed by the highest standards of courtesy, integrity, human decency and respect for the judicial system the lawyer serves. A client has no right to demand or expect the lawyer to violate those rules and standards.

3. A lawyer is obligated to provide competent representation to a client.

4. A lawyer is obligated to exercise diligence in the pursuit of the client's interest.

5. A lawyer is obligated to be punctual in fulfilling all professional commitments.

6. A lawyer is obligated to be courteous, respectful and civil to parties, witnesses and other lawyers, to the court, and to the court's staff.

7. A lawyer is obligated to demonstrate good faith in adhering to promises and agreements to other counsel and to cooperate with the court in the furtherance of the judicial process.

8. A lawyer is obligated to refrain from abusive, hostile, demeaning or offensive conduct toward others even if a client requests it.

9. A lawyer is obligated to remain uninfluenced by any ill feeling which may exist between litigants.

10. A lawyer has the ultimate responsibility to determine accommodations to be granted opposing counsel and is not obligated to accede to a client's demands that the lawyer act in an uncooperative manner toward opposing counsel.


E. LAWYERS' RESPONSIBILITY IN ADVERTISING

A lawyer must be aware of what is appropriate and what is inappropriate in regard to advertising. A lawyer who chooses to advertise must assure that such advertising complies with both the letter and the spirit of the applicable Rules of Professional Conduct and these standards.


II. JUDGES' DUTIES TO LAWYERS AND OTHER JUDGES

A. JUDGES' DUTIES TO LAWYERS

1. A judge should be courteous, respectful and civil to lawyers, their staffs, parties and witnesses. In this context, it is recognized that a judge must maintain control of court proceedings. Judges have both the obligation and the authority to ensure that litigation proceedings are conducted in a civil manner.

2. A judge should not question the integrity or professionalism of any lawyer because of clients whom, or the causes which, a lawyer represents. A judge should ensure that court personnel conduct themselves civilly toward lawyers, their staffs, parties and witnesses.

3. A judge should not use hostile, demeaning or humiliating words in opinions or in written or oral communications with lawyers.

4. In scheduling all hearings, meetings and conferences, a judge should be considerate of time schedules of lawyers, parties and witnesses. A judge should be punctual in convening all trials, hearings, meetings and conferences; if delayed, counsel should be notified, as circumstances permit.

5. A judge should give issues in controversy deliberate, impartial and studied analysis and consideration and shall dispose of all judicial matters promptly, efficiently and fairly.

6. While endeavoring to resolve disputes efficiently, a judge should be considerate of the time constraints and pressures imposed on lawyers by the exigencies of their litigation practice, particularly when the lawyer has a prior commitment in another court.

7. A judge should recognize that a lawyer has a right and a duty to present a case fully and properly, and that a litigant has a right to a fair and impartial hearing. Within the practical limits of time, a judge should allow lawyers to present proper arguments and to make a complete and accurate record.


B. JUDGES' DUTIES TO EACH OTHER

1. A judge should be courteous, respectful and civil in opinions, ever mindful that a position articulated by another judge is the result of that judge's earnest effort to interpret the law and the facts correctly.

2. In all written and oral communications, a judge should abstain from disparaging personal remarks or criticisms, or sarcastic or demeaning comments about another judge.

3. A judge should endeavor to work with other judges to resolve scheduling disputes utilizing the Rules of Resolution of Court Scheduling Conflicts. A judge should foster a spirit of cooperation toward the mutual goal of enhancing the administration of justice.



 

CLE Calendar

CLE CALENDAR

The Following Seminars Have Been Approved for MCLE Credit in WV. Please Contact the Sponsor For More Information at the Telephone Number Listed With Each Activity.

1/18/97 WV State Medical Association, "Challenges in Caring for the Chronically Ill," Charleston, 304/925-0342, 3.90 general credits

1/24/97 National Business Institute, Inc., "Premises Liability: Preparation and Trial of a Difficult Case in WV," Charleston, 715/835-7909, 7.20 credits, including 0.50 ethics

2/7/97 Lorman Business Center, "Personal Injury and Insurance Law,"
Charleston, 715/833-3940, 7.20 credits

2/21-22/97 WVCLE, "Litigation," Canaan Valley-Davis, WV, 304/293-7255

2/24-15/97 WVTLA, "Mid-Winter Seminar," Charleston, 304/344-0692

3/6/97 Lorman Business Center, "Collection Law in WV," Charleston,
715/833-3940, 4.50 credits

5/9-10/97 The West Virginia State Bar, "1997 Annual Meeting,"
Charleston Civic Center, 304/558-2456

6/5-7/97 WVTLA, "Annual Seminar," Charleston, 304/344-0692

Miscellaneous

LIS PARTICIPANTS


Jace H. Goins - Steptoe & Johnson
Denese Venza - Steptoe & Johnson
Kelly R. Reed - Steptoe & Johnson
Joanna Tabit - Steptoe & Johnson
Lonnie Simmons - DiTrapano & Jackson
Rita A. Massie - Kay, Casto, Chaney, Love & Wise
John R. McGhee, Jr. - Kay, Casto, Chaney, Love & Wise
Ann Haight - Kay, Casto, Chaney, Love & Wise
Gary Pullin - Pullin, Knopf, Fowler & Flanagan
David A. Kirkpatrick - Pullin, Knopf, Fowler & Flanagan
Clifford Kinney - Spilman, Thomas & Battle
Erin Brewster - Brown & Levicoff
Constance H. Weber - Kay, Casto, Chaney, Love & Wise
Stephen A. Weber - Kay, Casto, Chaney, Love & Wise
Daniel R. Schuda - Steptoe & Johnson
Steve McGowan - Steptoe & Johnson
P. J. Loehr - Kay, Casto, Chaney, Love & Wise
Crystal S. Stump - Kay, Casto, Chaney, Love & Wise
Tom Trent - Public Service Commission
Scott Maddox - Pullin, Knopf, Fowler & Flanagan
Suzanne McGraw - Law Offices of James Humphreys
Brian Glasser - Bowles, Rice, McDavid, Graff & Love
Stuart McMillian - Bowles, Rice, McDavid, Graff & Love
Kate Wilson - Spilman, Thomas & Battle
Bruce Jacobs - Spilman, Thomas & Battle
E. William Harvit - Shinaberry & Meade, L.C.
Brett D. Sovine - Spilman, Thomas & Battle
Stephen C. Musilli - Spilman, Thomas & Battle
Ken Webb - Bowles, Rice, McDavid, Graff & Love
Mike Crim - Bowles, Rice, McDavid, Graff & Love
Chud Dollison - Bowles, Rice, McDavid, Graff & Love
Thomas R. Tinder - The West Virginia State Bar
Mary Kate Wilson - Spilman, Thomas & Battle
Brett D. Sovine - Spilman, Thomas & Battle
Lonnie Simmons - DiTrapano & Jackson
Bill Harvit - Shinaberry & Meade, L.C.
Dante DiTrapano - DiTrapano & Jackson
Erik T. Engle - Pullin, Knopf, Fowler & Flanagan
Teresa M. Kirk - Pullin, Knopf, Fowler & Flanagan


PBRP UPDATE


Charles F. Albright . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Huntington
Sherry Eling-Sammons . . . . . . . . . . . . . . . . . . . . . . . . . . . Huntington
Leiselotte Heil . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Lewisburg
James D. Lamp . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Huntington
Marc E. Williams . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Huntingon
C. Richard Wilson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Moundsville
Timothy Bailey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Huntington
William A. Beckett . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Huntington
Ronda Gunter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Huntington
W. Stanley James . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Huntington
R. Steve Lewis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Huntington
Scott Brown . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Wheeling
Matthew L. Clark . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Pt. Pleasant
Traci Cook . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Wheeling
Katharine Davitian . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Parkersburg
John Ellem . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Parkersburg
Gene W. Gardner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Huntington
Sharleen Gist . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Wellsburg
V. Tad Greene . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Wheeling
Thomas Hazlett . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Wheeling
Dennis Lewis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Parkersburg
Timothy Miley . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Clarksburg
Matthew Vital . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Huntington
Richard Vital . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Huntington
Constance Weber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Charleston


WEST - LAW LEADS

SPOTLIGHT ON THE SUPREME COURT

Amicus briefs side with those who hold assisted suicide to be wrong -
All 45 Amicus Curiae briefs filed with the U.S. Supreme Court in State of Washington v. Glucksberg and Vacco v. Quill are on behalf of petitioners who are against medically assisted suicide. They offer the following reasons to shun assisted suicide.
* The Milwaukee District Attorney believes that "discovery of a constitutional right to death would rewrite the law of homicide" and that it would be hard to prove that a victim did not consent to the killing. He also asks if preventing a suicide then becomes a crime.
* The Medical Society of New Jersey traces its belief that the "ethos of medicine does not countenance assistance in self-destruction" to Hippocrates in 410 B.C.
* The Schiller Institute believes that what happens in the United States sets a precedent for the world. Upholding assisted suicide from the Schiller Institute's point of view "threatens the very existence of many Third World nations," as well as whole classes of individuals considered "useless eaters" in the United States itself.
* The American Medical Association, the American Nurses Association, the American Psychiatric Association, and 43 other medical societies submitted a brief that says, "the power to assist in intentionally taking the life of a patient is antithetical to the central mission of healing that guides both medicine and nursing. It is a power that most physicians and nurses do not want and could not control."
* Choice In Dying asks that the Court consider that "there is no public or professional consensus by which "terminal illness" may be defined, nor does the term even encompass many individuals who are not "terminally ill" who seek to forgo life-sustaining treatments and that "there no longer is any technological reason for most people to die in agony."
Amicus briefs are found in the U.S. Supreme Court Briefs database (SCT-BRIEF), which also contains petitioners' briefs, respondents' briefs and reply briefs.


NEW ADMITTES
9/3/96


Brian Abraham - Cora, WV
Kevin P. Allen - Pittsburgh, PA
William G. Anderson, Jr. - Charleston, WV
Phillip B. Ball - Charleston, WV
Mary E. Binns - Martinsburg, WV
Karen L. Bleattler - Charleston, WV
Tiffany M. Bost - Charleston, WV
Kirk H. Bottner - Morgantown, WV
Jonathan C. Bowman - Charleston, WV
Sandra L. Brenneman - Charleston, WV
Noel P. Brock - Beckley, WV
Allan W. Brown - Bridgeville, PA
Kathleen Brown - Morgantown, WV
Scott C. Brown - Wheeling, WV
Leigh K. Brubaker - St. Albans, WV
Gretchen M. Callas - Charleston, WV
Susan M. Caperton - Hedgesville, WV
Kimberly J. Carpenter - Charleston, WV
Brian K. Carr - St. Marys, WV
David H. Carriger - Charleston, WV
Diana Carter - Williamson, WV
Paul R. Cassell - Dunbar, WV
Amy M. Chiericozzi - Charleston, WV
Mathew L. Clark - Pt. Pleasant, WV
Sharon A. Cochran - Pittsburgh, PA
April D. Conner - Charleston, WV
Traci M. Cook - Wheeling, WV
Paul E. Cooley, III - Morgantown, WV
Stephen E. Crist - Charleston, WV
Amy C. Crossan - Huntington, WV
Jason A. Cuomo - Wellsburg, WV
Roger L. Cutright - Clarksburg, WV
Peter T. DeMasters - Morgantown, WV
Andrew D. Dorisio - Charleston, WV
Jodi K. Douglas - Parsons, WV
Krista L. Duncan - Huntington, WV
Dianne D. Einstein - Huntington, WV
John L. Einstein - Huntington, WV
James D. Elliott - South Charleston, WV
Bobbie J. Gainer - Parkersburg, WV
Michael S. Garrison - Clarksburg, WV
Ashley M. Garvin - Nutter Fort, WV
Elizabeth A. Gilbert - Charleston, WV
Carrie E. Goodwin - Charleston, WV
Robert B. Goodwin, II - Charleston, WV
Terry K. Gould - Bridgeport, WV
Kristin P. Halkias - Charleston, WV
William H. Harding - Huntington, WV
Edward L. Harman, Jr. - Morgantown, WV
Christian R. Harris - Forest Hills, KY
Timothy B. Heavner - Inwood, WV
Kimberly P. Hindman - Charleston, WV
Richard E. Holicker - Logan, WV
Marguerite G. Horvath - Morgantown, WV
Jason E. Huber - Charleston, WV
Gregory S. Hurley, Huntington, WV
Christopher W. Jones - Charleston, WV
Gregory K. Jones - Morgantown, WV
Tina C. Jones - Charleston, WV
Mary L. Kannan - Wheeling, WV
John Kasmarik, Jr. - Elizabeth, WV
Dennise R. Smith Kastick - Charleston, WV
William C. Keaton - Romney, WV
Krista A. Key - Shadyside, OH
Kelly J. Kimble - Morgantown, WV
Ariana J. Kincaid - Charleston, WV
David A. Kirkpatrick - Charleston, WV
J. Christopher Krivonyak - Charleston, WV
Heather K. LaFollette - Fairmont, WV
Teresa A. Lewis - Charleston, WV
Bobby F. Lipscomb - Huntington, WV
Connell A. Loftus - Fairfax, VA
Daniel M. Maguire - Morgantown, WV
Paul M. Mannix - Beaver Falls, PA
M. Paul Marteney - Buckhannon, WV
Rita A. Massie - Nitro, WV
Alison R. McBurney - Charleston, WV
Kelley L. McGregor - Charleston, WV
Cameron S. McKinney - Pineville, WV
Benjamin R. McMillion - Dunbar, WV
William O. Merriman, Jr. - Parkersburg, WV
John T. Molleur - So. Charleston, WV
Phillip C. Monroe - Charleston, WV
Shelly M. Monteleone - Morgantown, WV
Nicholas P. Mooney, II - Cross Lanes
Aimee L. Morgan - Wheeling, WV
David Z. Myerberg, Morgantown, WV
Letitia A. Neese, Charleston, WV
Cami S. Newey - Morgantown, WV
Mary Beth Nolan - McMurray, PA
Robert M. Osborn - Wheeling, WV
Perry W. Oxley - Morgantown, WV
Paresh S. Patel - Charleston, WV
Jane E. Peak - Morgantown, WV
Robert N. Peirce, III - Pittsburgh, PA
James B. Perrine - Lewisburg, WV
Audy M. Perry, Jr. - Huntington, WV
Francine H. Phillips - Shepherdstown, WV
Darren R. Queen - Huntington, WV
Arik B. Ranson - Parkersburg, WV
Stephen T. Raptis - Pittsburgh, PA
Riley J. Romeo, Jr. - Charleston, WV
James B. Shockley - Charleston, WV
Robert L. Shuman - Morgantown, WV
Brandon C. H. Sims - Charleston, WV
Stephanie M. Sisson - Charleston, WV
Hamilton D. Skeens - Daniels, WV
Alyssa A. Sloan - Charleston, WV
Gregory K. Smith - Borderland, WV
Victoria J. Sopranik - Charleston, WV
C. Michael Sparks - Delbarton, WV
Marcus A. Spatafore - Dunbar, WV
Noelle A. Starek - Charleston, WV
William J. Stevens - Hamlin, WV
Leslie R. Stotler - Charleston, WV
Timothy P. Stranko - Morgantown, WV
Philip R. Strauss - Charleston, WV
Lawrence W. Striley - Hinton, WV
William B. Summers - Marietta, OH
John M. Sutton - Martinsburg, WV
David M. Thomas - Morgantown, WV
George R. Thomas, II - Cassville, WV
Shannon R. Thomas - Weston, WV
Dwayne C. Vandevender - Webster Springs, WV
Tomas R. Vernon - Chester, VA
Robert M. Vital - Huntington, WV
Chanin M. Wolfingbarger - So. Charleston, WV
Jack Wood - Weirton, WV
Corey T. Zurbuch - Charleston, WV

CHARLES "CHUCK" JONES
CYCLES FOR MS

Charles "Chuck" Jones, a partner with Campbell, Woods, Bagley, Emerson, McNeer and Herndon, located in Huntington, WV, participated in the 1996 Smith Company Motor Cars MS 150 Bike Tour and raised over $4,000 for the National Multiple Sclerosis Society's WV Chapter.
The MS 150 Bike Tour is an annual event held on the second weekend of September. In 1996 a mountain bike option was added to the event and riders could ride 84 miles on the Greenbrier Trail over a two day period. Joining the tour for the first time this year, Mr. Jones and his son Chad both completed the trail ride, overnighting at Snowshoe Mountain Resort.
Mr. Jones is the organist at Trinity Evangelical Lutheran Church and is also an active member in several Masonic bodies. By participating in the MS 150 he lent his time and talents to raise funds for the West Virginia Chapter of the National Multiple Sclerosis Society. Pledges from the event will be used to fund services provided by the Chapter including an equipment loan closet; daily information and referral; advocacy for persons with MS; education programs for both persons with MS, their families, and professionals; independent living assistance; and peer support. The National MS Society has spent more for research than any voluntary agency in the world - funding $12 million annually to over 200 MS researchers throughout the U.S. and abroad.
The National MS Society's mission is to end the devastating effects of multiple sclerosis. Multiple sclerosis is a disease that randomly attacks your nervous system, wearing away the control you have over the body. Symptoms may range from numbness to paralysis and blindness. Most people are diagnosed with MS between the ages of 20 and 40, but the unpredictable physical and emotional effects can last for the rest of your life.
The West Virginia Chapter of the National MS Society thanks Mr. Jones for his phenomenal efforts as a participant in the Bike Tour and celebrates his achievement as one of the top individual fundraisers in the Chapter.

DISTRICT COURT FEES AND BANKRUPTCY COURT FEES
INCREASED


On October 19, 1996, the President signed into law the Federal Courts Improvement Act of 1996, which increased the civil action filing fee and made changes to the disposition of certain fees prescribed by the Judicial Conference of the United States. These changes will become effective December 18, 1996.

Please note the following changes:

1) The Act increased the filing fee for civil actions prescribed by 28 U.S.C. §1914(a) from $120.00 to $150.00. As a result of the changed 28 U.S.C. §1914(a), the fee for filing an adversary proceeding in a bankruptcy case will also be increased to $150.00 as of December 18, 1996.

2) The fee for admission of attorneys to practice in a district court, which includes a certificate of admission, is increased from $20.00 to $50.00, and the fee for duplicate certificate of admission or certificate of good standing is increased from $5.00 to $15.00.


Defense Trial Counsel of WV
Becomes a Dean's Partner


For the fifth consecutive year, the Defense Trial Counsel of WV has contributed funds to the WVU College of Law, making the organization eligible this year for recognition as a member of the Dean's Partner Group.



PIC


Steve Crislip and Dean Teree Foster proudly display contribution check, while members of the Trial Counsel's Board who were present look on. From left to right they are: Tom Scarr, Ann Haight, Richard McCune, Henry Jernigan, Bill Trainer (Steve Crislip and Dean Foster) Mike Victorson, Mike Bonasso, H.G. "Chip" Shaffer, III, and Director of Development at the College of Law, ______________.

Revised: September 26, 1996
Send Comments to: pettyc@technet.wvbar.org
The West Virginia State Bar
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