The West Virginia 1 8 86 A The Communique The Official Newsletter of The West Virginia Bar Association

Volume XIV No. 2 June 2008 The Communique President’s CornerThe Official Newsletter of The West Virginia Bar Association The West Virginia Bar Association is very excited about our upcoming 122nd Annual Meeting scheduled for August 21–23, 2008 at The Homestead. As you can see in the enclosed 122nd Annual Meeting Brochure, several wonderful speakers will give presentations on an array of interesting topics.

Norman L. Greene, a nationally-known proponent of judicial reform, is one of the speakers. To coincide with Mr. Greene’s presentation, and because The WVBA recognized the need to increase public confidence Ronda L. Harvey in our Judiciary, The West Virginia Bar Association has also organized a President Judicial Selection and Reform Committee. The Committee will consist of Ronda L. Harvey two to three representatives from each statewide voluntary bar association – the Defense Trial Counsel President of West Virginia, the West Virginia Association for Justice, the Mountain State Bar Association, and of Elisabeth H. Rose President-Elect course, The West Virginia Bar Association. Other representatives from and the community will also be involved in the Committee. Stephen R. Crislip Logan M. Hassig The Committee has been tasked with reaching a consensus on proposed changes to judicial selection for Supreme Court Justices. The first Committee meeting will take place in June. The Committee’s Andrew H. Miller goal is to reach a consensus, develop a recommendation and present it at The West Virginia Bar Patrick D. Deem Association’s Annual Meeting. The membership of The West Virginia Bar Association will then vote James W. St Clair continued on page 3 Chair. Sr. Lawyers Div. Chair. Business Law Div. Richard E. Ford, Jr. Chair. Real Estate Div. Courtney A. Kirtley Chair. Young Lawyers Div. nd Pryce M. Haynes II 122 Executive Director Annual Meeting 1111 6th Avenue 1 8 86 Post Office Box 2162 of the The West Virginia Huntington, WV 25722 See insert Phone: 800.944.9822 for more information! A Fax: 304.522.2795 email: [email protected] August 21-23, 2008 The Homestead Resort | Hot Springs, Virginia The Communique The Communique The Official Newsletter of The West Virginia Bar Association The Official Newsletter of The West Virginia Bar Association The Communique The Communique The Official Newsletter of The West Virginia Bar Association The Official Newsletter of The West Virginia Bar Association

on the recommendation. Assuming the recommendation is adopted by the membership, The West Virginia Bar Association will then WVBA Welcomes Anita Casey as present it to the appropriate governmental body - - the legislature and/or the Governor. Why has The West Virginia Bar Association developed this Committee? A few things lead to the decision. In March, The West New Executive Director of State Bar Virginia Bar Association and the Kanawha County Bar Association joined together to host a Bench and Bar Reception where the by: Pryce M. Haynes II Executive Director candidates for Supreme Court Justices answered questions from members of the Bar. Several candidates spoke about change in On February 15, 2008, the Executive Council hosted a dinner of the WV State Bar and exhibit our desire for renewed campaign financing and advertising, as well as the selection process itself. Over the weeks leading to the statewide primary, certain party for Anita Casey and her husband, Jim Garvin at the cooperation between our Bars for the benefit of the entire Bench events transpired that shook public confidence in our Judiciary. Over that same time period, several members of the Executive Council lovely home of Jim and Mickey St Clair, Park Hills Farm in and Bar of West Virginia. The gathering was attended by all of The West Virginia Bar Association were approached by attorneys who expressed concern and their beliefs that change in the Huntington. This dinner was given for Anita to express our Executive Counsel members and their spouses. Best wishes to selection process were necessary. Recognizing the need for change, The West Virginia Bar Association formed the Committee. congratulations for her becoming the new executive director Anita for a long and productive tenure with the WV State Bar! These issues are not new. Groups in the past have explored changes to judicial selection and judicial reform, but with no consensus. While change may be difficult, circumstances in our world today seem to make some type of change inevitable. As Robert F. Kennedy said in a speech in Warsaw, Poland: “Just because we cannot see clearly the end of the road, that is no reason for not setting out on the essential journey. On the contrary, great change dominates the world, and unless we move with change, we will become its victims.” Public confidence in our Judiciary is essential. Unless the judicial system moves with change, it and the rest of us will most assuredly become victims.

As President of The West Virginia Bar Association, I encourage you to consider carefully the recommendation the Committee on Judicial Selection and Reform will propose. Join us at the 122nd Annual Meeting and help us promote change for the better.

On behalf of the West Virginia Bar Association, I wish to express our gratitude for the generous Alison Deem, Lisa Rose, Pat Deem Andy Miller, Lisa Rose, Jim Garvin, Anita Casey, Pat Deem, Sherry Miller support from our sponsors for all past and future events during my tenure. Without their financial Courtney Kirtley, Jim St Clair support, we would not be able to deliver to our members the quality programming that we do.

Thanks to each and every one of you:

Allen Guthrie McHugh & Thomas, PLLC Norfolk Southern Corporation Bailey & Wyant, P.L.L.C. Old Republic National Title Insurance Company Bowles Rice McDavid Graff & Love LLP Pryce Haynes Associates CSX Corporation Robinson & McElwee PLLC Anita Casey, Lisa Rose, Steve Crislip, Deborah Hassig Dennis Bridgeman, Libby Bridgeman, Melinda Crislip, Steve Crislip Dinsmore & Shohl, LLP Seif & Associates, Inc. First American Title Insurance Company Spilman, Thomas & Battle, PLLC

Mickey St Clair Forensic Psychiatry, PLLC Steptoe & Johnson, PLLC Goodwin & Goodwin, LLP The Law Firm of Carl J. Roncaglione, Jr. Huddleston Bolen LLP Warner Law Offices, PLLC LexisNexis Westlaw Corporation WV Mutual Insurance Company

Melinda Crislip, Logan Hassig, Ronda Harvey Rich Ford, Libby Bridgeman, Courtney Kirtley, Dennis Bridgeman 2 3 The Communique The Communique The Official Newsletter of The West Virginia Bar Association The Official Newsletter of The West Virginia Bar Association The Communique The Communique The Official Newsletter of The West Virginia Bar Association The Official Newsletter of The West Virginia Bar Association From the Young Lawyers Division… by: Courtney A. Kirtley Chairwoman Young Lawyers Division Each year the Young Lawyers Division (“YLD”) hosts a Bench is also a great opportunity for members of the bar to celebrate and Bar Reception, where attorneys and the judiciary come with friends and future colleagues. This year’s After-Bar Exam together for an educational and social evening focused on a event will be held in the Charleston Civic Center Lounge, topic of particular interest to attorneys in West Virginia. On directly following the second day of the bar exam. Please make David Fenwick, David Nelson Dawn Warfield, Alaina Crislip, Joe Beeson, Dan Callaghan Justice Elliott Maynard Courtney Kirtley, Joel Symond Wednesday, March 19, 2008, the YLD, in conjunction with plans to join us in Charleston to celebrate on July 30th! the Kanawha County Bar Association, co-hosted our eighth Finally, the YLD is planning to host another “Legal Ease” annual Bench and Bar Reception at the Charleston Marriott. CLE and Pig-Roast in the fall. Last year’s event at Edgewood In anticipation of the upcoming election, the 2008 Bench and County Club was such a success, we are planning to make it an Bar Reception featured a panel of all five candidates for the annual event. Details will be circulated soon. West Virginia Supreme Court of Appeals. As with the eventful candidates’ forum sponsored by the YLD in 2004, this year’s We are eager to see more young lawyers throughout West forum and reception gave the local bar an opportunity to hear Virginia become involved with The WVBA. The career and from and meet the candidates. Every year the success of the social connections are invaluable and immensely enjoyable! Jim Thomas, Gretchen Callas, Tom Hurney Terry Rodgers, Ken Tawney, Scott Kaminski Chris Arnold, Hiram Lewis, Robert Ryan Bench and Bar Reception grows, and this year’s event drew a Whether you have attended YLD events in the past or are record crowd and even press coverage. The YLD would like to reading The Communiqué for the first time, we hope that you thank each of the candidates for his or her participation and the will join us this year at the After-Bar Exam Celebration on July Kanawha County Bar Association for co-hosting the event. 30th, the Annual Meeting at the Homestead on August 21-23, and at our next Pig Roast in the fall. Next on the YLD calendar is our After-Bar Exam Celebration to be held on Wednesday, July 30th. It has become tradition for If you are interested in becoming more involved with the YLD the YLD to sponsor this event, providing examinees with much or have any thoughts or suggestions for the upcoming year, deserved food and refreshment after two long days of testing. It please drop me a line at [email protected]. Erica Baumgrass, Andrea Hinerman Mark Weiler, TJ Cook Menis Ketchum Paul Davis, Bob Allen, Tony Shepherd

Truman Griffith, Jamie Fox Bill DePaulo, Jim St Clair, Justice Larry Starcher Courtney Kirtley, Brace Mullett Bob Bastress Ronda Harvey, Sarah Bailey, Judith Thomas Judge Ed Eagloski, Mark Adkins, Chad Love, Ken Web Brace Mullett, Ashley Pack, Jill Bentz, Anne Ellison

Charlie Love, Paul Davis, John Palmer Martin Glasser, Mary Sanders Danielle Waltz, Patrick White, Susan Romain Truman Griffith, Jamie Fox, Bobby Warner Sprague Hazard, David Hardy, Judge Tod Kaufman Jill McIntyre, A.L. Emch, Amber Hoback

4 5 The Communique The Communique The Official Newsletter of The West Virginia Bar Association The Official Newsletter of The West Virginia Bar Association The Communique The Communique The Official Newsletter of The West Virginia Bar Association The Official Newsletter of The West Virginia Bar Association Report from the Senior The WVBA Real Estate Lawyers Division by Richard E. Ford, Jr., Chairman by James W. St Clair, Chairman The Real Estate Division conducted its Sixth Annual Real Real Estate Division voted to create a Legislative Subcommittee, Estate Law Conference on April 12, 2008, at Stonewall Resort in which will be chaired by Marc Slotnick. The Subcommittee will Our two projects for the year are nearing their conclusion. The Roanoke, West Virginia, providing six (6) total hours of MCLE work with and report to the Legislative Committee of The West first, assisting the WV State Bar Disciplinary Council with its credit, including two (2) hours Ethics/Office Management credit. Virginia Bar Association. Additionally, the Division voted to errant lawyers has not been as successful as hoped. Our efforts Of particular interest was a presentation by Mark S. Morton, contact the West Virginia Banker’s Association to explore the to assist in the “rehabilitation” of an older lawyer were not as General Counsel for Revenue Operations for the West Virginia possibilities of combining efforts to repeal or modify withholding hoped. The saying about teaching old dogs new tricks proves Reputation for State Tax Department, regarding withholding requirements for requirements for property sales by non-residents. to be true again. Try as we may, the attorney did not respond to real property sales by non-residents. Excellence the Court ordered requirements. Calls, letters and personal visits The Real Estate Division conveys special thanks to First could not convince the attorney of the serious nature of this During the Annual Business Meeting of the Division, there was American Title Insurance Company for its generous sponsorship Serving the legal profession matter. The Disciplinary Counsel has moved for a Rule to Show considerable discussion regarding legislative matters, and the of the Annual Real Estate Conference. in West Virginia for more than 30 years. Cause because of the non compliance. The following photos were taken at the Providing attorneys, their families and Our other effort to organize a Business Law Division was a success. The new Division held its first meeting in April at employees with quality insurance and Stonewall Resort. About twenty members attended and numerous Real Estate & Business Law Conference investment products built on a solid foundation business law subjects were discussed. The Division will start April 12, 2008 | Stonewall Resort planning its meeting for 2009. Any members of The WV Bar are and reputation of delivering on our word. welcome to participate in the planning process. Simply contact The WVBA office for details. INSURANCE INVESTMENTS

Life Profit Sharing Disability Mutual Funds Health 401(k) Plans Long Term Care IRAs Employee Benefit Programs Sales & Structured Settlements Bobby Miller, Rich Ford Chris Heck, Jim St Clair Bobby Miller, Pryce Haynes II

PHAPryce Haynes Associates 1-800-944-9822 www.PHAweb.com • [email protected]

Dean Fisher, Rich Ford | Photo from The Real Estate & Business Law Conference Clyde Smith, Rob File David Pill, Amanda Steiner, Fabio and Sarah Crichigno Jim St Clair, Davin Seamon 6 7 The Communique The Communique The Official Newsletter of The West Virginia Bar Association The Official Newsletter of The West Virginia Bar Association The Communique The Communique The Official Newsletter of The West Virginia Bar Association The Official Newsletter of The West Virginia Bar Association The following photos were taken at the Real Estate & Business Law Conference April 12, 2008 | Stonewall Resort

Alice and Bill Chakmakian (father) Bill Heer, Rich Ford Jim and Mickey St Clair

Joe and Frema Wilson Pat Deem, Roy and Linda Layman Jim St Clair, Kenneth Bartrum

Alexandra and Chris Heck Pryce III and Julie Haynes, Jane and Milton Herndon

Vince Cardi, Jim St Clair Pat and Harold Brewster, John Fisher Phyllis and Robert Howell First American Title Insurance Company

The First American Eagle Protection Policy It covers more than you can imagine. Deborah Hassig, Pryce Haynes III Mark Morton, Rich Ford Phil and Terry Reale

735 Main Street, Barboursville, WV 25504 Telephone: 304-736-1111 | Fax: 304-736-1104

A Symbol of Protection Laura Wareheim Vice-President and State Manager of West Virginia

Sarah and Fabio Crichigno Patti Ford, Marie and Bill Goodwin 8 9 The Communique The Communique The Official Newsletter of The West Virginia Bar Association The Official Newsletter of The West Virginia Bar Association The Communique The Communique The Official Newsletter of The West Virginia Bar Association The Official Newsletter of The West Virginia Bar Association LNC Division News Structured Sales In Remembrance by Elizabeth S. Bridgeman, BSN, RN, LNCC The LNC Division of The West Virginia Bar Association 01/08/08 Jack L. Miller Washington, WV & Settlements had another successful Spring Conference. This year’s educational meeting had doctors, lawyers, risk managers Financial consulting and settlement planning 02/13/08 Robert E. Magnuson Snowshoe, WV and educators as presenters. The topics ranged from third in conjuction with the resolution of all 03/25/08 Duncan W. Daugherty, Jr. Huntington, WV party bad faith to pre- and post-mortem blood alcohol levels. types of claims and litigation and provide Participants came as far away as Richmond, Virginia and our innovative periodic payment solutions via 03/28/08 James W. Crewdson Cross Lanes, WV own northern panhandle. Jama Whittaker did an excellent job structured settlements, structured business as the Chairman of this year’s Spring Conference. Despite 05/27/08 Judge Dan C. Robinson Huntington, WV and property sales, non-qualified assignments the inclement weather, there were 22 registrants for this and other vehicles. 05/30/08 Winfield Turley Shaffer Charleston, WV educational conference and based on the evaluations, everyone got their moneys’ worth. Pryce is still trying to figure out just how inebriated a blood alcohol level is at 0.8!! Ronda Harvey, Jama Whittaker Aggressive. Innovative. Competitive.

Jama Whittaker, Libby Bridgeman Lennie Davis, Jama Whittaker PHAPryce Haynes Associates

Pryce M. Haynes II, CLU

1-800-944-9822 Get your copy of “Raising the Bar” today! www.PHAweb.com • [email protected]

This attractive 200 page, full color edition recounts the history of the WVBA from its beginning in 1886 to 2007. * Securities offered through Princor Financial Services Corporation, It makes a great gift and serves as an ideal addition to your Des Moines, IA 50392, 800-247-4123, member SIPC, library or den. Hurry as copies are limited! Cost is $35.00 Pryce M. Haynes II, CLU, Registered Representative. for members and $45.00 for non-members. Princor is not an affiliate of Pryce Haynes Associates. Judith Davis, Sam Fox, Jama Whittaker Jama Whittaker, Tony Pizon, MD Volume discounts available! 10 11 122nd Annual Meeting of the ThWeste West VirginiaVirginia 1 8 86 BarA Association The Homestead Resort Hot Springs, Virginia August 21-23, 2008

For more information on the 122nd Annual Meeting, or other events and WVBA information, please visit our website: www.wvbarassociation.org

1 8 86 Pre-sorted The West Virginia U.S. Postage Paid Permit No. 229 A Huntington, West Virginia P.O. Box 2162 Huntington, WV 25722