WEST VIRGINIA LAW INSTITUTE
GOVERNING COUNCIL MEETING
Draft of Minutes of Meeting
Monday, May 23, 2011 1:30 p.m.
Offices of the WV State Bar
Charleston, West Virginia
Pursuant to the call of the President and notice given by the Secretary, the West Virginia Law Institute (“the Institute”) held its annual meeting at the offices of the WV State Bar in Charleston, West Virginia. Members attended in person and telephonically.
I. President’s Remarks; Establishment of a Quorum
Scott Curnutte, President of the Institute, welcomed members to the meeting. He thanked members for their attendance, and noted the statutory requirement for an annual meeting. He also offered a brief history of the Institute and reminded members of its statutory basis.
The President also indicated the general purposes of the meeting and called on the Secretary to establish the presence of a quorum.
The secretary asked those present in person and by telephone to indicate their presence. The following members were noted their participation:
Alsop, Jessica (Charleston, Dist. 2)
Bowen, Henry (Charleston, Dist. 3)
Curnutte, Scott (Elkins, President)
Dettinger, G. Kurt (Legal Counsel to the Governor)
Hardesty, David (Secretary and Director)
Justice, Jessica (WV CLE Director)
Johnson, Hon. Gary (Chief Judge, 28th Judicial Circuit)
Ketchum, Bert (Huntington, District 3)
Lambert, Yolanda (Wheeling, Dist. 1)
Loomis, Cynthia (West Union District 1)
Love, Charles IV (Charleston, District 2)
McConnell, Joyce (Dean, College of Law)
McGinley, Shawn (Appointee of the Governor)
Morton, Joyce, (Berkley Springs)
Nickerson, Gary (WV State Bar President)
Reckert, Jessica (Editor in Chief, WV Law Review)
Rhee, Will (College of Law)
Robinson, Kevin (Beckley, District 3)
Simonton, Ryan (Dist. 1, Northern)
Wallace, John (Dist. 2, Central)
Warfield, Dawn (for Attorney General McGraw)
Wooten, William (Beckley, Dist. 3)
The Secretary announced the presence of a quorum.
II. Approval of Minutes of an Earlier Meeting
The president then announced that the minutes of a meeting on Wednesday, January 27, 2010 should be approved and that the minutes had been sent to the membership with notice of the meeting. Upon motion duly made and seconded, the minutes were approved, unanimously.
III. Report of Nominating Committee; Election of Officers
The President then called for a report of the nominating committee (Hardesty, Justice and Wooten). On behalf of the nominating committee, the secretary reported that the committee proposed the following slate of officers: President, Scott Curnutte, Elkins; Secretary and Director, David Hardesty, College of Law; member at large of the executive committee, Hon. Gary Johnson (Chief Judge, 28th Judicial Circuit). He also noted that the executive committee could, if it so desired, nominate others to serve on committees of the Institute in the future.
The President then called for additional nominations. There were none.
Whereupon, upon motion duly made and seconded, the slate of officers proposed by the nominating committee were elected by acclamation.
IV. Open Discussion
During an open discussion, the Director reviewed the role of the Institute. Over the years, the Institute has served as a policy analysis and drafting advisory body for the West Virginia Legislature. The most recent project was an extensive report on the need for Prison Reform and Criminal Code revision in West Virginia. The trust law recently enacted by the legislature also was advocated by the Institute. He also noted that the rise of a full time professional staff of the Legislature has changed the Institute’s role to some extent. Both the President and Secretary suggested a fall meeting to explore the future direction of the Institute. The Secretary indicated a likely meeting location of Morgantown. The President indicated that he and the Secretary would confer and call a meeting in the Fall of 2011 for the purpose of establishing a vision for the institute.
The President also suggested that the by-laws of the institute were badly in need of revision, noting that the statutory authorization for the Institute (WV Code 12-4-1 et. seq.) was amended after the founding of the Institute, and the bylaws did not reflect the amendments. The Secretary also commented on the need for revisions. The president then asked for volunteers to act as a by-laws committee. Jessica Alsop offered to act as Chair and Ryan Simonton agree to serve as a member. Noting his appreciation, the President appointed members Alsop and Simonton to act as a by-laws revision committee and asked them to report their suggestions to the Fall meeting of the Institute.
V. Adjournment
The President asked if there was any further business. There being none, the meeting was adjourned.
Respectfully submitted,
David C. Hardesty, Jr., Director and Secretary
