WEST VIRGINIA LAW INSTITUTE
GOVERNING COUNCIL MINUTES
Meeting, November 13, 2013
WV State Bar
Charleston, WV
1. The Governing Council of the West Virginia Law Institute met on November 4, 2013, at the offices of the West Virginia State Bar in Charleston. The meeting was called to order and chaired by President Scott Curnutte. Also in attendance or participating by phone were Council members Kay Bayless, Brent Bush, Vince Cardi, Judge Gary Johnson, Brendan Leary, Peter Markham, Imad Matini, Joyce McConnell, Larry Morhous, Senator Corey Palumbo, Patricia Proctor, Will Rhee, Delegate John Shott, John Wallace, William Wooton, and Director/Secretary Robert Bastress, and Council Assistant Anna Dewitt.
2. The Council considered the minutes of its March 11, 2013, meeting. Joyce McConnell moved their approval, Larry Morhous seconded the motion, and the motion passed.
3. Director Bastress provided an update on the Institute’s work since the June meeting. The project on coal mine safety, in cooperation with the Office of Coal Miners’ Health, Safety and Training, was on course for its submission to the Legislature and the Governor by the December 31st deadline. A report to the Legislature on the various procedures used by the fifty states to set and pay for the salaries of county officials had been completed and submitted to the Legislature. The matter was under review by an interim committee and a bill has been drafted for consideration in the 2014 legislative session. The Institute’s collection of West Virginia statutes that have been declared unconstitutional had also been completed and submitted. The survey report on state administrative procedure acts was near completion. The study of the states’ methods and procedures for legislative redistricting was well under way. Professor Bastress briefly described what had been learned in the research to date.
4. The Council discussed possible new projects, and focused on a suggestion by Brent Bush that the Institute study Article 1 of Chapter 44A of the West Virginia Code, which deals with surrogate decision-makers for protected persons and research how other states appoint and monitor guardians, conservators, and the like. Vince Cardi reported that there is a uniform code on the subject and that a Bar committee had recommended its adoption. Member Bush then moved that the Institute explore the process of surrogate decision-making and conduct a multi-state review. Joyce McConnell seconded the motion, which carried unanimously.
5. Judge Johnson suggested that the subject of estate administration be put on the agenda at the next meeting, and the Council, by consensus, agreed to that.
6. The Council held an election of officers. Upon the motion of Judge Johnson and a second by Delegate Shott, Scott Curnutte and Bob Bastress were re-elected President and Secretary, respectively.
7. There was no new business.
8. The Council set the date for its next meeting, which will be March 31, 2014, at noon in Morgantown.
9. The meeting was adjourned.
