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New Legislation Requires Supreme Court to Collect a $200 Fee for Docketing Appeals
Fee for docketing civil appeals becomes effective June 16, 2011
Due to the enactment of Senate Bill 428 during the 2011 session of the legislature, the Clerk of the Supreme Court of Appeals of West Virginia must charge a $200 fee starting June 16, 2011 for docketing appeals in certain cases. The legislation provides that funds from this filing fee are to be used solely to provide grants to the federally designated provider of civil legal services for low income citizens of the state.
Filings Affected
All appeals from a circuit court final order-except appeals in criminal cases-are subject to the fee. The fee does not apply to appeals from the Workers' Compensation Board of Review. The fee does not apply to original jurisdiction cases filed in the Supreme Court, such as mandamus, prohibition and habeas corpus.
Fee due when case is docketed - check required
The fee is due when the Notice of Appeal is filed and must be paid by check, payable to the State of West Virginia in the amount of $200. (Plans are currently underway to accept credit card payments online.)
Prior approval of fee waiver is acceptable
If a fee waiver application has been granted by the lower tribunal, then the fee waiver is still applicable for purposes of appeal. A party who has been granted a fee waiver is under a continuing obligation to inform the Court of any change in circumstances that may affect the fee waiver determination. If your case is subject to a fee waiver you must inform the Clerk in the Notice of Appeal and attach proof that the lower court granted a fee waiver. |
EMERITUS ATTORNEY PRO BONO INDIGENT GUARDIANSHIP TRAINING
The West Virginia Supreme Court of Appeals, Administrative Office, Special Projects Division, the West Virginia State Bar and Legal Aid of West Virginia are sponsoring a free training for any attorney interested in learning more about adult guardianship and conservatorship law in West Virginia, including attorneys who qualify to practice under West Virginia's emeritus attorney practice rules and would like to learn more about how to become certified. The training will take place on Friday, June 24, 12:00-3:00 p.m. at the Capitol Complex, Room E 155 conference room in the East Wing. Anyone wishing to participate by phone will be provided with a call-in number and PIN at the time of registration.
This training has been approved for West Virginia MCLE credits. The number of available credits is currently pending. Lunch will be provided. To register or for more information, contact Catherine Eckley at ceckley@lawv.net or 304-343-3013, ext. 2167. |
ANNUAL MEMBERSHIP DUES NOTICES- Dues notices for the July 1, 2011 - June 30, 2012 fiscal year are scheduled for mailing on Friday, June 17, 2011, to all members of the Bar. Dues payments must be postmarked by September 1, 2011, to avoid the $25 late penalty fee. The 2011-12 Financial Responsibility Disclosure (FRD) Notice is located on the back of the dues card. The FRD Notice must be postmarked by September 1, 2011, to avoid an additional $25 late filing fee. Members who are on "active but not practicing" status, do not have to comply with this mandatory FRD requirement. |
PLLC ANNUAL RENEWAL APPLICATIONS - The West Virginia Rules of Professional Conduct require professional limited liability corporations to file a renewal application with The West Virginia State Bar each year. The deadline date for the renewal to be received is July 1, 2011.
Click here to access a copy of the renewal application. Please return the application and the $100 fee to: The West Virginia State Bar, Attn: PLLC, Renewals, 2006 Kanawha Boulevard, E., Charleston, WV 25311. Please contact Kathy Henning 304-558-1044 or henningk@wvbar.org with any questions. |
West Virginia Association of Administrative Law Judges' 4th Annual Meeting and Seminar will be held on Friday, July 1, 2011, at the Charleston Civic Center-Parlor A. This seminar is worth 5.8 WV CLE credits, including 1.2 ethics/1 substance abuse/1.2 office management. It will cost $75 members/$85 non-members, which includes continental breakfast and all-day coffee. This seminar is tailored to the interests of adjudicators, including federal and state administrative law judges, hearing examiners, and officials who sign Decisions; and administrative and government attorneys. Any interested party is welcomed and encouraged to attend. Please find a flyer on the Calendar of Events page at http://pages.suddenlink.net/wvaalj or contact the Hon. Rebecca Sheppard Rodak at rebecca.rodak@wvinsurance.gov or 304-558-1966 ext. 3009 for more information or to reserve a seat. Pre-payment is not requested, but seats must be reserved on or before Monday, June 27, 2011. |
MEDIATION TRAINING SESSIONS- On July 12 and 13, 2011, The West Virginia State Bar's ADR Committee will present its annual Basic Mediation Training Sessions. The sessions will be held at the Days Hotel in Flatwoods. The sessions provide 16 hours CLE credit with 1.2 hours in ethics. The Agenda is being finalized. Registration deadline is July 7.
Click here to register for the Basic Mediation Training Sessions.
An Advanced Mediation Training Session will be held on August 9, 2010, also at the Days Hotel in Flatwoods. This session will offer 6.5 hours credit with 1.2 hours in ethics. The Agenda is being finalized. Registration deadline is August 2.
Click here to register for the Advanced Mediation Training Session The State Bar has made arrangements with The Days Hotel for discounted rooms for those attending the training sessions. Contact should be made directly with the hotel at 866-700-7284. Advise the hotel you will be attending one of the training sessions to obtain The State Bar discount. If you have questions concerning the discounted rooms, contact Kathy Henning at henningk@wvbar.org or 304-558-1044.
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PUBLIC COMMENT PERIOD - The Supreme Court of Appeals of West Virginia has placed proposed changes to the Rules of Procedure for Child Abuse and Neglect Proceedings on a public comment period ending August 26, 2011. Click here to review the Order and proposed rules and amendments. Please send any comments on the rules in writing to Edythe Nash Gaiser of the Office of the Clerk, State Capitol, Room E-317, Charleston, WV 25305. |
MANDATORY COMPLETION OF IOLTA INFORMATION - Effective July 1, 2010, The West Virginia State Bar was given administrative responsibility for the IOLTA program. The State Bar purchased a database and has been inputting data for the past several months. In order to complete this process, it is essential that each active member of The Bar complete a "Notice of Compliance with Rule 1.15." The completed form must be returned to The State Bar no later than September 1, 2011. To access the instructions and form for the Notice of Compliance click here. If you are a member of a firm which maintains one IOLTA account for all attorneys, or for a practice group, the managing member of the firm or practice group may complete the form for all attorneys listed on one account. |
McDowell County Observes Law Day. - To view photos from Law Day held on May 26, 2011 (click here). |
UPCOMING FASTCASE WEBINARS - Click here to review a complete listing of upcoming Fastcase webinars.
These Fastcase webinars have now been approved for 1.20 online (audio/video type) office management credits each. |
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