The West Virginia 1886 A The Communique The Official Newsletter of The West Virginia Bar Association

June 2015 | Volume XVII, No. 1 The Communique The Official Newsletter of3 The West Virginia0 Bar Association

AUGUST 4TH – 6TH,

THE OMNI HOMESTEAD HOT SPRINGS, VA President’s Corner

As I sit here on this cold with other lawyers and judges from William J. Powell President day, I am thinking about all over the state. Oftentimes, Joyce E. McConnell warmth, sunshine and lifelong friendships are formed at President-Elect our meetings. If that is “old school” I outdoor activities. Of Richard E. Ford, Jr. course, our Annual proudly plead guilty. Executive Council Meeting on August Ashley W. French Executive Council William J. Powell 4-6, 2016 at the Omni I am humbled to be serving as President Harvey D. Peyton Homestead will have all President of this organization. It is Executive Council of that and more. I hope you have already my goal to make this year’s Annual Carte P. Goodwin Executive Council put it on your calendar. Meeting a springboard for expansion James W. St Clair of our membership and a renewal Chair. Sr. Lawyers Div. Our Association has been around since 1886, of the reasons this Association was Pryce M. Haynes II and you will not find a finer group of men and formed. I look forward to seeing Executive Director women who are part of our membership. all of you in the coming weeks and Christina T. Brumley Chair. Business Law Div. It may be considered “old school” but I months. Christopher R. Arthur am a fervent believer in the importance Chair. Real Estate Div. of camaraderie of bar associations like Rebecca Hardy Stevenson ours. This profession is difficult, but it is Chair. Young Lawyers Div. often the personal relationships that make 1111 6th Avenue Post Office Box 2162 it memorable and fun. All of our meetings Huntington, WV 25722 provide great CLE, but more importantly it Phone: 800.944.9822 Fax: 304.522.2795 gives each of us the opportunity to socialize [email protected] The Communique The Official Newsletter of The West Virginia Bar Association The Communique The Official Newsletter of The West Virginia Bar Association Goodwin fills Alex Macia’s Place on Executive Council

Alex Macia’s term on the In 2004 Carte began a political career working on Joe Executive Council ended Manchin’s successful run for Governor. He later served during the 2015 Annual on the WV School Building Authority and as Manchin’s Meeting at Nemacolin Chief Counsel. On July 16, 2010, Manchin appointed Woodlands. The West Carte to the U. S. Senate seat vacated by Senator Byrd. Virginia Bar Association is fortunate to have Carte After serving in the Senate until Joe Manchin was Patrick Goodwin as Macia’s elected, Carte returned to his law practice at Goodwin successor on the Executive and Goodwin. Carte’s late father was lawyer Steve Council. Carte graduated Goodwin and his mother, Ellen, was former executive Carte Goodwin magna cum laude from director of The WVBA. He and his wife, Rochelle Marietta College and (“Rocky”) with their two children, Wesley and Anna live earned his JD from Emory University. Subsequent to in Charleston. law school, he clerked for Judge Robert King, then joined his family’s law firm, Goodwin and Goodwin. Business Law Division has new Chairman

After two years of West Virginia Supreme Court, the U.S. District Court outstanding direction for for the Southern District of West Virginia and the U.S. our Business Law Division, Supreme Court. She has received an AV® Peer Rating Jim Russell decided it was from Martindale Hubbell. time for someone else to take over the reins. During She is a Member of Jackson Kelly PLLC and practices the Annual Meeting at in their Charleston, WV office. She is a member of the Nemacolin Woodlands, industry groups: Energy & Mineral Law Foundation and she was made chair of the Women’s Energy Network. Ms. Brumley is involved this division and since in her community, having served on the board of the then, Christina has done a Alzheimer’s Association of West Virginia and leading a

Christina Brumley wonderful job. troop for the Girl Scouts of Black Diamond Council for several years. She currently serves on the board of The Ms. Brumley received her Bachelor of Science in Education Alliance. She has lectured on contract and business administration, with a concentration in finance, defamation law. from West Virginia University’s College of Business and She and her husband, Christopher Brumley, live in Economics in 1993, summa cum laude. She received Charleston with their two children. her Juris Doctor from West Virginia University’s College of Law in 1998, where she was an issues editor of the The West Virginia Bar Association is fortunate to have West Virginia Law Review. She is admitted to practice someone of Christina’s caliber on the Executive Council. before the state courts of West Virginia as well as the

2 The Communique The Official Newsletter of The West Virginia Bar Association The Communique The Official Newsletter of The West Virginia Bar Association WVVBA’s 129th Annual Meeting

The West Virginia Bar Association held its 129th Annual The meeting culminated with; William J. Powell from Meeting at Nemacolin Woodlands Resort, August 13 - 15, Martinsburg with Jackson Kelly PLLC elected President; Joyce 2015. Founded in 1886, The WVBA is among the oldest Bar E. McConnell from Morgantown, Provost and Vice President for associations in the United States and is the oldest in West Academic Affairs, West Virginia University, elected President- Virginia. Several speakers/panelists participated in seminars, Elect; Christina Brumley from Charleston with Jackson Kelly among them were: PLLC; Carte Goodwin from Charleston, WV with Goodwin & Goodwin elected to the Executive Council. • Paul Trefz, Vice President and Senior Regional Underwriter, First American Title Insurance Company • William J. Powell, Jackson Kelly PLLC • David B. McMahon, Attorney at Law • Kevin Ellis, Chairman of WV Oil and Natural Gas Assoc. • Senator Charles Trump, Chair, Senate Judiciary • Delegate John Shott, Chair, House Judiciary Delegates • Christopher R. Arthur, Steptoe & Johnson PLLC • Dean Gregory Bowman, Dean, WVU College of Law • Amber Brugnoli, West Virginia University • Forest J. Bowman, Professor of Law Emeritus • Sean McGinley, Attorney at Law

• Thomas J. Stewart, WVU Journalism Professor William J. Powell, President Joyce E. McConnell, President-elect

Christina Brumley, Elected Chair, Business Richard E. Ford, Jr., Re-elected Executive Carte Goodwin, Elected to the Ashley W. French, Re-lected to the Harvey D. Peyton, Re-elected to the Law Division Council Member Executive Council Executive Council Executive Council

The following individuals will remain in their respective position on the Executive Council: James W. St Clair from Huntington, President of the Senior Lawyers Division; Christopher R. Arthur, Steptoe & Johnson PLLC, President of the Business Lawyers Divisions; and Pryce M. Haynes II, Executive Director, Rebecca Hardy Stevenson, Chair, Young Lawyers Division.

James W. St Clair, Chair of Senior Lawyers Christopher R. Arthur, Elected Chair of Real Pryce M. Haynes II, Executive Director Rebecca Hardy Stevenson, Chair, Division Estate Lawyers Division Young Lawyers Division 3 The Communique The Official Newsletter of The West Virginia Bar Association The Communique The Official Newsletter of The West Virginia Bar Association WVVBA’s 129th Annual Meeting

Chris Arthur, Chairman of the Real Estate Law Division delivering his Deborah Hassig and Sherry Miller Pat Deem, Susan and Charles Trump, Bill Powell and Kenneth Gray seminar “Best Practices for Real Estate Lawyers.”

Gary and Amy Sacco Betsy and Paul Trefz Kevin Ellis, Chairman of WV Oil and Natural Gas Association, with David McMahon receiving their honoraria from Jim Russell for their panel discussion of “Forced Pooling-Conflicting Rights of Owners.”

Jim and Mindy Walls The Changing of the Guard: outgoing president Alex Macia passes the ceremonial gavel to the incoming president Bill Powell during the annual Past President, Ronda Harvey with her husband Neil Rajapakse business meeting.

Monica Haddad and Tammie Alexander

Virginia Bar Association President Pete Johnson with meeting sponsor Norfolk Southern representative Helen Hunt and his wife Beth

Rob Fisher 4 The Communique The Official Newsletter of The West Virginia Bar Association The Communique The Official Newsletter of The West Virginia Bar Association

Brian and Rosemary Warmuth and Pryce Haynes III

Senior Lawyers Division Chair, Jim St. Clair with his wife Mickey Vince Trivelli and his wife Joyce McConnell with Rich Ford

LexisNexis meeting sponsor representative Tim Horan with his wife Robin. Golf team champions: Pete and Beth Johnson & Jennifer and Harvey Peyton

Rich Ford shooting

Carlyle and Sue Farnsworth Pryce and Julie Haynes with Carolyn and past president Larry Morhous

Kevin Ellis, Chairman of WV Oil and Natural Gas Association

Jim St. Clair, Julie Haynes, Sharon Powell and Mickey St. Clair

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Bill Powell, incoming president, giving Alex Macia a commemorative gavel.

The WVBA’s first Award of Merit recipient and longtime Past President Logan Hassig with his wife Deborah and Pryce Haynes III bibliographer Ed Eiland presenting his annual Memorial Resolution

Tom Booth and Duane Rosenlieb

Tom Booth and Duane Rosenlieb

Meeting sponsor representative Timothy Horan Bob Dinsmore, Christina Brumley, Debbie Dinsmore and Bob’s son, Tyler Dinsmore.

Harvey Peyton, Paul and Betsy Trefz, Julie Haynes Bill Powell, Alex Macia and Christina Brumley

The master conversing with his best friend

Anders Lindberg and Mary Kelly

Sally Ford and Joan Stamp

6 The Communique The Official Newsletter of The West Virginia Bar Association The Communique The Official Newsletter of The West Virginia Bar Association

Pat and Allison Deem with Debbie and Bob Dinsmore Carlyle and Sue Farnsworth Executive Council member Rich Ford presenting honoraria to Greg Bowman and Amber Brugnoli for their panel discussion on “Small Town Lawyering.”

Gary Sacco shooting Kenneth and Carolyn Gray Alex Sutler and Aimee Nehiley with Virginia Bar Association President Pete Johnson and his wife Beth

Tom Booth and Duane Rosenlieb

Anders Lindberg, Andy Miller, Pryce Haynes III and Logan Hassig Dick Ford receiving Award of Merit decanter from Alex Macia Nancy Kirkendall and Edward Eiland and Jack Bowman

WVBA Past President Judge Fred Stamp with WV State Senator Charles Trump Joe and Frema Wilson, WVBA Administrative Assistant

Brain Warmuth shooting

Melinda Russell and Mary Kelly Vince Trivelli and his daughter Alexandra

7 The Communique The Official Newsletter of The West Virginia Bar Association The Communique The Official Newsletter of The West Virginia Bar Association

Past Presidents Andy Miller, Logan Hassig, and Forest Bowman

Pete and Beth Johnson with Jennifer and Harvey Peyton

Pryce and Julie Haynes Brian Warmuth

Virginia Bar Association President Pete Johnson with Jim St. Clair

Patrick Casey with his wife Sandra Chapman

Tom Booth and Duane Rosenlieb

WVBA President Elect, Bill Powell, delivering his seminar “Deadly Force, When is it Justified?”

Past President Rick Pill and his wife Donna Paul Trefz, Sr. Regional Underwriter and V.P. First American Title Insurance Company, presenting his seminar “Claims Chronicles and Case Law Review.”

Honorable Fred Stamp with Dick Ford’s grandsons Jamie and Thomas Wells

WVBA President and First Lady, Alex and Leah Macia

Past President Jim Gardill with Linda Gardill and Debbie and Bob Dinsmore.

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Tom Booth and Duane Rosenlieb

Past Presidents – First Row: Jack Bowman, Ronda Harvey, Charlotte Lane, Alex Macia (Current President). Rich Ford, Bill Powell, Paul Trefz, Gary Sacco and Brian Warmuth Middle Row: Pat Deem, Rick Pill, Andy Miller, Jim Gardill, Dick Ford and Tyler Dinsmore. Back Row: Larry Morhous, Fred Stamp, and Logan Hassig

WVBA President Elect Bill Powell with State Delegate John Shott and State Senator Charles Trump Patti and Rich Ford

Bill Powell, incoming president, giving Alex Macia a commemorative gavel.

Taunja and Perry Miller

Amy and Gary Sacco, Brain and Rosemary Warmuth Jim Russell and Anders Lindberg Executive Council Member Rich Ford

9 The Communique The Official Newsletter of The West Virginia Bar Association The Communique The Official Newsletter of The West Virginia Bar Association

Jennifer and Harvey Peyton

Paul Trefz shooting

Judge Edwin Flowers and his wife, Ellie with Ed Eiland

Meeting Sponsors – Pryce Haynes II and Pryce Haynes III

WVBA President Alex Macia conferring with WVBA administrative assistant Frema Wilson Timothy Horan, Carolyn and Larry Meadows

President Alex Macia giving Sean McGinley and Tom Stewart honorariums for their presentation “Media Coverage and the Law.”

Debbie and Bob Dinsmore with Past President Charlotte Lane Past President and Award of Merit recipient Dick Ford with his family (left: Grady and Jodelyn Ford, Elizabeth Roth, Jay Ford, Patti and Rich Ford, Sally and Dick Ford, Sally Harder, Mindy and Jamie Walls, Ellie Napierala, Thomas Walls, Cathryn Campbell, Jim Walls)

Patti and Rich Ford with his parents Dick and Sally Ford.

Executive Council Front Row: Jim StClair, Jim Russell, Bill Powell, Ashley French, Joyce McConnell. Back Row: Harvey Peyton, Rich Ford, Alex Macia, Pryce Haynes II Deborah Hassig, Joan Stamp, past president Jim Gardill, Linda Gardill and past president Logan Hassig.

Past President Ronda Harvey with Pryce Haynes III

1410 The Communique The Official Newsletter of The West Virginia Bar Association The Communique The Official Newsletter of The West Virginia Bar Association

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Contact your local First American Agency Representative today. Laura A. Wareheim Adam Stewart VP & WV State Manager Agency Representative 304.736.1111 304.962.6145 First American Title Insurance Company makes no express or implied warranty respecting the information presented and assumes no responsibility for errors or omissions. First American, the eagle logo, First American Title, and firstam.com are registered trademarks REV: 11/2012 or trademarks of First American Financial Corporation and/or its affiliates. ©2012 First American Financial Corporation and/or its affiliates. All rights reserved. T NYSE: FAF The Communique The Official Newsletter of The West Virginia Bar Association The Communique The Official Newsletter of The West Virginia Bar Association Young Lawyers Division Hosts Ninth Pig Roast!

November 2015 | Rebecca Hardy, Chair of YLD On November 5, 2015, the Young Lawyers Division hosted and William Wooten). They engaged in a lively discussion the ninth Annual Legal Ease Pig Roast. The hour-long CLE moderated by immediate past president of the WVBA, covered the recent changes to the Federal Rules of Civil Alexander Macia. Procedure. Andrew Cooke and Kelly Griffith provided a thorough and interesting overview of the changes that All young lawyers should look forward to the WVBA Annual took effect on December 1, 2015. Meeting as one of the seminars is geared toward young lawyers. Come to the Homestead from August 4th to The Annual Bench & Bar Seminar was held on March August 6th and enjoy “Marketing, Metrics and Millennials 31, 2016 at the Marriot in Charleston. This year’s event – New Rules for a New Generation” with speakers Michael featured the five Supreme Court candidates (Justice Brent Victorson and Franki Parsons. Benjamin, Wayne King, Darrell McGraw, Jr., Beth Walker,

Sponsor Harry Bell with father-son: David Shuman II and Andrew Cooke, Gretchen Lewis and Will Slicer David Shuman III

Andi Allen, Lindsay Gainer and Karen Rodgers

Becca Stevenson prepares to carve the piggy wiggy for dinner

Sponsors Tom and Julia Hurney

Seminar presenter, Andrew Cooke with Flaherty Sensabaugh Bonasso PLLC Elliot Hicks, Jane Harkins and Kenneth Hopper Mitch Rhein; Timothy Horan, LexisNexis representative; and Keith Fisher

12 The Communique The Official Newsletter of The West Virginia Bar Association The Communique The Official Newsletter of The West Virginia Bar Association

Tom and Rebecca Tinder and Mark Browning Jason Holliday, Gretchen Lewis and Andrew Robey

Julie Haynes and WVBA Past President Charlotte Lane Sponsors Jim and Susan Roncaglione

Tom Booth and Duane Rosenlieb Tai Shadrick, Brittany Fink, and Shereen Compton

Kit Francis, Terry Rodgers and Jane Harkins Scott Hardy, Lucas White and Justin Fisher

Seminar Presenter Kelly Griffith with Spilman Thomas & Battle PLLC Sponsors Jill McIntyre and A.L. Emch with Charlotte Lane, John McCuskey and Carol Rovinsky

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Past President John McCuskey and Carol Rovinsky Timothy Horan and Patrick Timony

Kent Mayo and Jill McIntyre

Kelly Grffith and Andrew Cooke receiving their honorarium from YLD Chairwoman Becca Hardy Stevenson

Roger Decanio with sponsoring firm, Masters Law Firm, LC

Sponsors Jill McIntyre and A.L. Emch YLD Chairwoman, Becca Stevenson, with her new husband, Christopher

14 The Communique The Official Newsletter of The West Virginia Bar Association The Communique The Official Newsletter of The West Virginia Bar Association Bench & Bar

March 2016 | Rebecca Hardy, Chair of YLD The Annual Bench & Bar Seminar was held on March Walker, and William Wooten). They engaged in a lively 31, 2016 at the Marriot in Charleston. This year’s event discussion moderated by immediate past president of featured the five Supreme Court candidates (Justice the WVBA, Alexander Macia. Brent Benjamin, Wayne King, Darrell McGraw, Jr., Beth

WV Supreme Court of Appeals Candidates; and Moderator Alex Macia, immediate past president of the WVBA

Elizabeth and Ben Adams with Rebecca Betts

Tom Hurney, Justice Brent Benjamin and Tom Peyton

Anna Dailey and John Gray

Kevin Nelson and John Palmer Justice Brent Benjamin and WVBA Executive Council Member Harvey Peyton

15 The Communique The Official Newsletter of The West Virginia Bar Association The Communique The Official Newsletter of The West Virginia Bar Association

Andrew Robey, Kelly Pawlowski and Alex Sutler WV Supreme Court WVSCOA Candidate Bill Wooten, Sally and Tony Shepard and WV Supreme Court of Appeals Justice Brent Benjamin

WVBP Crew

Jim and Mickey St. Clair with Howard Persinger, Jr. and Julie Haynes

Stuart McMillia, WVSCOA Candidate Beth Walker and WV Bar Association Executive Director, Pryce Haynes II with Tom Scarr Gretchen Murphy, WVSCOA Candidate Beth Walker and Gretchen’s husband Glen Murphy

Danielle Waltz, WVBA Special Events Chair; Anita Casey, WV State Bar Director and WV Tom Booth and Duane Rosenlieb State Bar immediate past president Mike Frazier

Jim Gavin and State Bar President John McGhee Son and Father Tom and Harvey Peyton

16 The Communique The Official Newsletter of The West Virginia Bar Association The Communique The Official Newsletter of The West Virginia Bar Association

Gretchen Lewis;WVBA Executive Council Jim St. Clair ad his wife Mickey; Julie Haynes with WVSCOA Candidate Wayne Tom and Marianne Peyton with Tom’s father Harvey and WVSCOA Candidate Bill Wooten King and his wife Sandra

Shanna Brown, Caleb David, Lucas White, Jamie Crofts and Maggie Burrus

Joshua Cottle, Josh Johnson, Tom Hancock and Patrick Timony WV Supreme Court of Appeals Candidate Darrell McGraw and wife Jorea Marple

WV State Bar President John McGhee, Sharon Frazier with husband immediate past president Mike Frazier, Anita Casey Executive Director of the WV State Bar and Husband Jim Garvin Jill McIntyre, Sally Shepard and Julie Haynes

17 The Communique The Official Newsletter of The West Virginia Bar Association The Communique The Official Newsletter of The West Virginia Bar Association

Tony and Sally Shepard

Jessica Pauley and Joe Amos

WV State Bar Executive Director Anita Casey and WV State Bar President John McGhee Alex Sutler and Julie Haynes

The West Virginia 1886 A

18 The Communique The Official Newsletter of The West Virginia Bar Association The Communique The Official Newsletter of The West Virginia Bar Association In Remembrance

06/16/14 Richard K. Wehner Kingwood, WV 9/8/15 Judy Lynn Humphries Fairmont, WV 03/15/15 Luther E. Woods Huntington, WV 9/14/15 Clifford G. Lantz Charleston, WV 3/31/15 Belinda Morton Charleston, WV 9/27/15 William W. Smith Charleston, WV 4/3/15 Jared L. Skidmore Charleston, WV 9/28/15 Richard M. Riffe Charleston, WV 4/10/15 Stephen Schwartz Nitro, WV 10/4/15 Charles E. Forsythe Clarksburg, WV 4/24/15 Samuel D. Broverman Asbury, WV 10/10/15 Hon. George M. Scott Spencer, WV 4/27/15 Charles B. Rogers Parkersburg, WV 10/11/15 Robert A. Hoffman Charleston, WV 4/28/15 George Samuels Corte Madera, CA 11/16/15 Joseph J. Miller Charleston, WV 5/12/15 Craig B. Giffin Charleston, WV 11/30/15 Judge Danny O. Cline, Sr. Sutton, WV 6/2/15 Paul A. Burns Martinsburg, WV 12/1/15 Johnny M. Knisely II Charleston, WV 7/18/15 William J. Charnock Illinois, WV 12/10/15 Thaddeus Kauffelt Charleston, WV 8/18/15 Martin J. Glasser Charleston, WV 12/11/15 James M. Reishman Charleston, WV 8/31/15 Leo T. Catsonis Charleston, WV 1/20/16 Robert W. Lawson III Charleston, WV 9/6/15 William E. Mohler II Charleston, WV 2/1/16 James A. McMillion Charleston, WV 9/8/15 Robert C. Melody Keyser, WV 2/25/16 James H. Coleman Charleston, WV Thanks to our sponsors and members!

The following were sponsors of our 130th Annual Meeting and Fellows Luncheon, Real Estate and Business Law Conference and the Young Lawyers’ Legal Ease. Should you have an occasion to see one of these sponsors or anyone associated with a sponsor, please express our appreciation for their generous support. The help of our sponsors greatly enhances our programs and a personal acknowledgement of their support is the best “thank you” to express: Sponsors in 2015 and 2016: Bailey & Glasser LLP Martin & Seibert LC The Bell Law Firm, PLLC The Masters Law Firm, LC Bowles Rice LLP Minuteman Press Brewster, Morhous, Cameron, Caruth, Moore, Nelson Mullins Riley & Scarborough LLP Kersey & Stafford, PLLC Norfolk Southern Corporation Brickstreet Mutual Insurance Company Peyton Law Firm, PLLC Bulldog Creative Services Phillips Gardill Kaiser & Altmeyer, PLLC Campbell Woods PLLC Pryce Haynes Associates CSX Corporation Pullin, Fowler, Flanagan, Brown & Poe, PLLC Dinsmore & Shohl LLP Robinson & McElwee PLLC First American Title Insurance Company Schrader Byrd & Companion, PLLC Flaherty Sensabaugh Bonasso PLLC The Segal Law Firm Highmark West Virginia Spilman Thomas & Battle, PLLC Jackson Kelly PLLC Steptoe & Johnson PLLC Kay Casto & Chaney Mediation Services Suttle & Stalnaker, PLLC The Law Firm of Carl J. Roncaglione, Jr. The West Virginia Bar Foundation LexisNexis

19 The West Virginia 1886 A P.O. Box 2162 Huntington, WV 25722

130th Annual Meeting of the The West Virginia 1886 A The Omni Homestead Hot Springs, VA August 4-6, 2016 Word to the wise: reserve your room asap as hotel could sell out the weekend of meeting!

For more information on the 130th Annual Meeting, or other events and WVBA information, please visit our website: www.wvbarassociation.org 20