2010 Legal Services and Advocacy in West Virginia LAWV Annual Report_0.pdf · Our Legal Assistance Unit handles civil legal problems involving domestic violence, housing stability

2010 Legal Services and Advocacy in West Virginia

2010 Highlights

Statewide Legal Services Page 1The Legal Unit: Hope’s Story Page 2The Legal Unit: Elaine’s Story Page 3 Law Day 2010: Morgantown Page 4ATLAS: Darrell’s Story Page 5Veteran’s Project: David’s Story Page 6Campaign for Legal Aid Pages 7-9LAWV 2009-2010 Top Donors Pages 10 -12Ombudsman Program: Michael’s Story Page 13Behavioral Health Program: Gretta’s Story Page 142010 Cases Closed Page 15Pro Bono Program: Tammy’s Story Page 162010 Kaufman Award Page 17Year in Pictures Pages 18-21Board of Directors Page 222010 Funders Page 232010 Financial Statements Page 24

Mission Statement

Legal Aid of West Virginia advocates for low-income, vulnerable West Virginians, seeks equal access to justice, and creates system change in order to improve client safety, health, housing, income and access to resources.

Thank you Darrell, Hope, Elaine, David, Tammy, Michael, Duffie and Gretta for tell-ing your story to the readers of Legal Aid of West Virginia’s 2010 Annual Report. These stories describe people who were willing to fight for their independence, their safety and their children. They just needed a little help. When they came to Legal Aid, our staff used their advocacy skills, knowledge, experience and passion for justice to help these clients navigate complex problems.

It is very powerful to hear: “ The help I’ve gotten from Legal Aid is priceless.” and “The future is bright. I know that my son and I will be OK.” and “I was totally powerless. Legal Aid saved my life.” and “Legal Aid saved my home. Legal Aid went the extra mile for me and I am so grateful.”Why do we share these stories beyond our own hallways? To help policy makers and funders, business leaders and community activists take action in two areas:1) Using the skills, expertise and resources of Legal Aid’s staff: Legal Aid has more than 125 employees in twelve regional legal offices across West Virginia. Our staff includes approximately 50 lawyers, 26 paralegals, 24 advocates and 26 support, administrative and technology staff. With hundreds of years of experience be-tween them, our staff are a terrific resource not only to our clients, but to the community at large. What can you do? Invite our staff to participate in policy discussions, community presentations, and classroom/educational outreach in your local area! We are experts at addressing poverty-based problems and want to be involved in solutions for our communities!

2) Understanding the increasing demand and shrinking resources for a service that is a founda-tion of our democracy: The client stories in this annual report illustrate individual legal problems and how resolving those problems changes someone’s life. They are also representative of the collective group of clients we helped in 2010 – more than 7,765 cases were closed, impacting the lives of more than 24,000 people.Ensuring a fair judicial system, a balance between those with money and power and those without, is a foun-dation of America’s democracy – and healthy Legal Aid programs are a crucial part of that foundation. Yet, across the country, legal aid is under assault as state and national leaders cut programs that serve the poor to balance budgets. Headlines read about “devastating” cuts and layoffs of hundreds of legal aid staff. This is at a time when the economic recession has increased both the number of families who are sinking into poverty and the number of individuals seeking assistance with significant legal problems.

In 2010 LAWV experienced a 20% increase in demand for services and was unable to fully serve many people who sought our assistance. Further, in 2011, federal funding cuts were imposed amounting to approximately $145,000 from LAWV’s budget, and even deeper cuts are on the horizon in 2012. The cuts in federal funds have the very real potential to dramatically reverse current West Virginia program and service stability. What can you do? Donate your time and/or money to Legal Aid. And make sure policy makers at every level know you understand and value Legal Aid’s vital role in America’s pledge of “justice for all.”

Letter from the LAWV Executive Director


Our Legal Assistance Unit handles civil legal problems involving domestic violence, housing stability and public benefit issues throughout the state.

Our Long Term Care Ombudsman Program assists residents (and their family members) who live in nursing homes, personal care homes, and other long term care facilities.

Our Behavioral Health Advocacy Unit serves individuals who live with behavioral health chal-lenges while in state operated psychiatric hospitals, and in communities throughout West Virginia.

Our Access to Legal Aid Services (ATLAS) is the statewide paralegal and attorney-staffed client in-take helpline. ATLAS provides high-quality legal advice and brief services to poor and disadvanaged persons throughout West Virginia’s 55 counties. To apply for services from Legal Aid of West Virginia, please call 1-866-255-4370.

Our Pro Bono Referral Project offers a variety of opportunities for private attorneys to assist indigent West Virginians with civil legal issues. We work hard to match the right volunteer opportunity with at-torney interests, expertise, and available time, and by providing support throughout the involvement.

LAWV Provides Free Advocacy Services Five Ways:

LAWV Office Locations Throughout West Virginia

Morgantown


It is very powerful to hear: “ The help I’ve gotten from Legal Aid is priceless.” and “The future is bright. I know that my son and I will be OK.” and “I was totally powerless. Legal Aid saved my life.” and “Legal Aid saved my home. Legal Aid went the extra mile for me and I am so grateful.”Why do we share these stories beyond our own hallways? To help policy makers and funders, business leaders and community activists take action in two areas:1) Using the skills, expertise and resources of Legal Aid’s staff: Legal Aid has more than 125 employees in twelve regional legal offices across West Virginia. Our staff includes approximately 50 lawyers, 26 paralegals, 24 advocates and 26 support, administrative and technology staff. With hundreds of years of experience be-tween them, our staff are a terrific resource not only to our clients, but to the community at large. What can you do? Invite our staff to participate in policy discussions, community presentations, and classroom/educational outreach in your local area! We are experts at addressing poverty-based problems and want to be involved in solutions for our communities!

2) Understanding the increasing demand and shrinking resources for a service that is a founda-tion of our democracy: The client stories in this annual report illustrate individual legal problems and how resolving those problems changes someone’s life. They are also representative of the collective group of clients we helped in 2010 – more than 7,765 cases were closed, impacting the lives of more than 24,000 people.Ensuring a fair judicial system, a balance between those with money and power and those without, is a foun-dation of America’s democracy – and healthy Legal Aid programs are a crucial part of that foundation. Yet, across the country, legal aid is under assault as state and national leaders cut programs that serve the poor to balance budgets. Headlines read about “devastating” cuts and layoffs of hundreds of legal aid staff. This is at a time when the economic recession has increased both the number of families who are sinking into poverty and the number of individuals seeking assistance with significant legal problems.

In 2010 LAWV experienced a 20% increase in demand for services and was unable to fully serve many people who sought our assistance. Further, in 2011, federal funding cuts were imposed amounting to approximately $145,000 from LAWV’s budget, and even deeper cuts are on the horizon in 2012. The cuts in federal funds have the very real potential to dramatically reverse current West Virginia program and service stability. What can you do? Donate your time and/or money to Legal Aid. And make sure policy makers at every level know you understand and value Legal Aid’s vital role in America’s pledge of “justice for all.”

Letter from the LAWV Executive Director

Our Legal Assistance Unit handles civil legal problems involving domestic violence, housing stability and public benefit issues throughout the state.

Our Long Term Care Ombudsman Program assists residents (and their family members) who live in nursing homes, personal care homes, and other long term care facilities.

Our Behavioral Health Advocacy Unit serves individuals who live with behavioral health chal-lenges while in state operated psychiatric hospitals, and in communities throughout West Virginia.

Our Access to Legal Aid Services (ATLAS) is the statewide paralegal and attorney-staffed client in-take helpline. ATLAS provides high-quality legal advice and brief services to poor and disadvanaged persons throughout West Virginia’s 55 counties. To apply for services from Legal Aid of West Virginia, please call 1-866-255-4370.

Our Pro Bono Referral Project offers a variety of opportunities for private attorneys to assist indigent West Virginians with civil legal issues. We work hard to match the right volunteer opportunity with at-torney interests, expertise, and available time, and by providing support throughout the involvement.

LAWV Provides Free Advocacy Services Five Ways:

LAWV Office Locations Throughout West Virginia

Morgantown

1

The Legal Unit Delivering Justice to Children

CLIENT FILES: Hope Basham married Josh Carmichael when she was 18. He was actively serving in the military, she just barely a high school graduate. The two were married in Ohio. The abuse started early in the marriage.

Josh was controlling, manipulative, angry and abusive. The one bit of power Hope had in the relationship came from Josh’s fear that his military superiors would learn of their abusive marriage and it could endanger his career in the military. Josh served in Afghanistan, and

“I was totally powerless. Legal Aid saved my life.

Legal Aid saved my daughters life. Without Legal Aid he might have custody of my daughter...”

said Hope Basham.

returned home in 2009. When he returned he was even angrier, and more abusive than when he left because he was now drinking and abusing drugs.

Hope was able to hide the bruises such that friends and family didn’t know of their troubled and tainted marriage. “I felt totally powerless,” said Hope. Josh seemed to like to strike when Hope was at her weak-est – asleep – with her back to him. One night he came from behind her, while she was sleeping and tried to strangle her. She was able to fight him off and escaped to the bathroom.

And then Hope became pregnant with their first child. She gave birth to a baby girl they named Syl-via.

Sylvia was 3 when Josh began to turn his violence on her. “The one night, he hit my baby so hard, she

stopped breathing,” said Hope. But this first time he hit Sylvia was also the last time. Hope would not stand by and allow the abuse from which she had suffered to now be directed at her daughter. Hope fled to West Virginia to take refuge with her aunt. It was her aunt that directed her to contact Legal Aid of West Virginia.

Immediately Hope’s Legal Aid attorney, Melissa Coff-man-Sponaugle, was able to secure a Domestic Vio-lence Protective Order against Josh. Josh attempted to claim that Hope was in contempt of the DVPO, and twice tried to modify the terms of the DVPO, all of which were denied. Ultimately the DVPO was in place for over 18 months in an effort to keep Josh a safe distance from Hope and Sylvia.

Josh filed for divorce in Ohio. The case became bi-furcated with the divorce proceedings taking place in Ohio, while the child custody matters went to trial in West Virginia. The divorce was ultimately granted, and based on the father’s physical abuse of the child, Hope was given sole custody of their daughter, with no visitation granted until a counselor believes the young girl is ready to see her father.

7,765 • Number of cases closed by the Legal Unit staff statewide

The Legal Unit Delivering Justice to Parents

CLIENT FILES: Elaine Ballengee married Jerry Hall at the age of 29 – they were married for a total of 13 years and have a son to-gether. The abuse started early in the marriage and Elaine endured it for years, Jerry’s fits of rage occur-ring 3-4 times per month. She did not leave, and in fact tried to make the mar-riage work, because of their son. The abuse just got worse “I am lucky to be alive today,” said Elaine. Jerry was no stranger to the local law enforcement. He had been sent to prison on drug charges and served 3 years in the early years of his marriage to Elaine.

On July 8, 2009 Jerry had been drinking, and while drinking, had gotten into an argument with the neighbor about the neighbor’s dog. Jerry loaded

“Without Legal Aid I wouldn’t be alive. I would be dead. The

future is bright. I know that my son and I will be ok!”

said Elaine Ballengee.

his gun, and kept it on the table beside the front door, in the event he got the opportunity to kill the dog. The loaded gun had prompted an argu-ment with Elaine, as she did not want the loaded gun kept in sight with her then 10 year old son in the house. In the heat of the argument, Elaine turned her back to Jerry and the next thing she knew blood was pouring from the back of her head. He had hit her – or shot her? – in the back of the head. With Elaine only semi-conscious lying on the floor, in a pool of her own blood, Jerry then proceeded to run into the woods with their son, taunting all the while “You’ll never see your boy again!”

Elaine managed to crawl to the phone, and called her daughter, who lived just up the street. At the sight of blood-soaked Elaine, her daugh-ter called 911. Elaine had lost consciousness by the time the paramedics arrived. The paramed-ics called upon a Life Flight to transport Elaine

to Ruby Memorial Hospital. She was los-ing blood fast, and a second could not be wasted.

Later that night, while Elaine drifted in and

out of consciousness, all she could think of was Jerry, running off into the woods with their son, and his taunting words: “You’ll never see your boy again!” Elaine felt hopeless, powerless, as she lay there, fighting for her life. By the next morning, the local police had located Jerry and the young boy, who was unharmed.

Elaine was immediately put in touch with Legal Aid of West Virginia. Elaine’s Legal Aid lawyer, Clint Adams, was ultimately able to secure Elaine the divorce she’d sought unsuccessfully on her own. Elaine was awarded the marital home and both vehicles. Attorney Adams also helped Elaine work with the Crime Victims Fund, which paid over $20,000 in medical bills, all of which originated from the injuries Jerry inflicted upon Elaine on July 8, 2009 .

Most importantly to Elaine, the Parenting Plan put in place allows Jerry only supervised week-end visitation upon his release from prison. Jerry is currently serving 1-10 years for Brandishing a Weapon.

2

The Legal Unit Delivering Justice to Children

CLIENT FILES: Hope Basham married Josh Carmichael when she was 18. He was actively serving in the military, she just barely a high school graduate. The two were married in Ohio. The abuse started early in the marriage.

Josh was controlling, manipulative, angry and abusive. The one bit of power Hope had in the relationship came from Josh’s fear that his military superiors would learn of their abusive marriage and it could endanger his career in the military. Josh served in Afghanistan, and

“I was totally powerless. Legal Aid saved my life.

Legal Aid saved my daughters life. Without Legal Aid he might have custody of my daughter...”

said Hope Basham.

returned home in 2009. When he returned he was even angrier, and more abusive than when he left because he was now drinking and abusing drugs.

Hope was able to hide the bruises such that friends and family didn’t know of their troubled and tainted marriage. “I felt totally powerless,” said Hope. Josh seemed to like to strike when Hope was at her weak-est – asleep – with her back to him. One night he came from behind her, while she was sleeping and tried to strangle her. She was able to fight him off and escaped to the bathroom.

And then Hope became pregnant with their first child. She gave birth to a baby girl they named Syl-via.

Sylvia was 3 when Josh began to turn his violence on her. “The one night, he hit my baby so hard, she

stopped breathing,” said Hope. But this first time he hit Sylvia was also the last time. Hope would not stand by and allow the abuse from which she had suffered to now be directed at her daughter. Hope fled to West Virginia to take refuge with her aunt. It was her aunt that directed her to contact Legal Aid of West Virginia.

Immediately Hope’s Legal Aid attorney, Melissa Coff-man-Sponaugle, was able to secure a Domestic Vio-lence Protective Order against Josh. Josh attempted to claim that Hope was in contempt of the DVPO, and twice tried to modify the terms of the DVPO, all of which were denied. Ultimately the DVPO was in place for over 18 months in an effort to keep Josh a safe distance from Hope and Sylvia.

Josh filed for divorce in Ohio. The case became bi-furcated with the divorce proceedings taking place in Ohio, while the child custody matters went to trial in West Virginia. The divorce was ultimately granted, and based on the father’s physical abuse of the child, Hope was given sole custody of their daughter, with no visitation granted until a counselor believes the young girl is ready to see her father.

7,765 • Number of cases closed by the Legal Unit staff statewide

The Legal Unit Delivering Justice to Parents

CLIENT FILES: Elaine Ballengee married Jerry Hall at the age of 29 – they were married for a total of 13 years and have a son to-gether. The abuse started early in the marriage and Elaine endured it for years, Jerry’s fits of rage occur-ring 3-4 times per month. She did not leave, and in fact tried to make the mar-riage work, because of their son. The abuse just got worse “I am lucky to be alive today,” said Elaine. Jerry was no stranger to the local law enforcement. He had been sent to prison on drug charges and served 3 years in the early years of his marriage to Elaine.

On July 8, 2009 Jerry had been drinking, and while drinking, had gotten into an argument with the neighbor about the neighbor’s dog. Jerry loaded

“Without Legal Aid I wouldn’t be alive. I would be dead. The

future is bright. I know that my son and I will be ok!”

said Elaine Ballengee.

his gun, and kept it on the table beside the front door, in the event he got the opportunity to kill the dog. The loaded gun had prompted an argu-ment with Elaine, as she did not want the loaded gun kept in sight with her then 10 year old son in the house. In the heat of the argument, Elaine turned her back to Jerry and the next thing she knew blood was pouring from the back of her head. He had hit her – or shot her? – in the back of the head. With Elaine only semi-conscious lying on the floor, in a pool of her own blood, Jerry then proceeded to run into the woods with their son, taunting all the while “You’ll never see your boy again!”

Elaine managed to crawl to the phone, and called her daughter, who lived just up the street. At the sight of blood-soaked Elaine, her daugh-ter called 911. Elaine had lost consciousness by the time the paramedics arrived. The paramed-ics called upon a Life Flight to transport Elaine

to Ruby Memorial Hospital. She was los-ing blood fast, and a second could not be wasted.

Later that night, while Elaine drifted in and

out of consciousness, all she could think of was Jerry, running off into the woods with their son, and his taunting words: “You’ll never see your boy again!” Elaine felt hopeless, powerless, as she lay there, fighting for her life. By the next morning, the local police had located Jerry and the young boy, who was unharmed.

Elaine was immediately put in touch with Legal Aid of West Virginia. Elaine’s Legal Aid lawyer, Clint Adams, was ultimately able to secure Elaine the divorce she’d sought unsuccessfully on her own. Elaine was awarded the marital home and both vehicles. Attorney Adams also helped Elaine work with the Crime Victims Fund, which paid over $20,000 in medical bills, all of which originated from the injuries Jerry inflicted upon Elaine on July 8, 2009 .

Most importantly to Elaine, the Parenting Plan put in place allows Jerry only supervised week-end visitation upon his release from prison. Jerry is currently serving 1-10 years for Brandishing a Weapon.

3

2010 Law Day ATLAS Access to Legal Aid Services

CLIENT FILES: Mr. Torres is 57 years old. He lives alone in a mobile home with a wheelchair ramp. His mobility is very limited, such that walking is extremely difficult. He is unable to leave his home without assistance.

Mr. Torres received notice that he was soon to lose his Medicaid Waiver assistance, which provides him with in-home care on a daily basis. Without such assistance he would be unable to stay in his home and would have to move to a nursing home. Through a series of calls to case workers, case managers, attorneys and doctors, Legal Aid attorney Devin True was able to assist Mr. Torres in his efforts to produce sufficient evidence that he needs assistance to vacate his home in emergen-cies and therefore continues to qualify for the Medicaid Waiver assistance.

“It means the world to me to be able to stay in my home

and live independently. It was a big relief off my shoulders. I thank God for Mr. True and

the people at Legal Aid,” said Mr. Torres.

The Access to Legal Aid Services Program (ATLAS) is Legal Aid’s cen-tralized legal assistance intake, advice and brief services helpline. All persons across West Virginia seeking assistance from Legal Aid of West Virginia first make contact with intake paralegals through this helpline, by calling 1-866-255-4370.

As a statewide program, spanning across a large geographic area of 55 counties, the use of technology such as a centralized helpline for client intake is a critical part of leveling the playing field of access to services for clients. A centralized unit of professionals working with this tech-nology increases the quality and quantity of services to clients across the state and ensures some level of services to all West Virginians who qualify for assistance.

7,462 • Number of client intakes performed by ATLAS in 2010

Legal Aid of West Virginia was pleased to partner with the Monongalia County Bar Association to bring Law Day 2010 to Morgantown.

Catherine Munster, 2010 Recipient of the Regina Charon ‘Zealous Advocate’ Award

Sue Julian, WV Coalition Against Domestic Violence and Judy King Smith, Rape and Domestic Violence Information Center

Nyles Charon, Delegate Barbara Evans Fleischauer, Professor Bob Bastress, and Catherine Munster

Professor Marjorie McDiarmid, 2010 Star Award Winner Stephen Higgins, The Honorable Russell M. Clawges and Morgantown Mayor, Bill Byrne

4

2010 Law Day ATLAS Access to Legal Aid Services

CLIENT FILES: Mr. Torres is 57 years old. He lives alone in a mobile home with a wheelchair ramp. His mobility is very limited, such that walking is extremely difficult. He is unable to leave his home without assistance.

Mr. Torres received notice that he was soon to lose his Medicaid Waiver assistance, which provides him with in-home care on a daily basis. Without such assistance he would be unable to stay in his home and would have to move to a nursing home. Through a series of calls to case workers, case managers, attorneys and doctors, Legal Aid attorney Devin True was able to assist Mr. Torres in his efforts to produce sufficient evidence that he needs assistance to vacate his home in emergen-cies and therefore continues to qualify for the Medicaid Waiver assistance.

“It means the world to me to be able to stay in my home

and live independently. It was a big relief off my shoulders. I thank God for Mr. True and

the people at Legal Aid,” said Mr. Torres.

The Access to Legal Aid Services Program (ATLAS) is Legal Aid’s cen-tralized legal assistance intake, advice and brief services helpline. All persons across West Virginia seeking assistance from Legal Aid of West Virginia first make contact with intake paralegals through this helpline, by calling 1-866-255-4370.

As a statewide program, spanning across a large geographic area of 55 counties, the use of technology such as a centralized helpline for client intake is a critical part of leveling the playing field of access to services for clients. A centralized unit of professionals working with this tech-nology increases the quality and quantity of services to clients across the state and ensures some level of services to all West Virginians who qualify for assistance.

7,462 • Number of client intakes performed by ATLAS in 2010

Legal Aid of West Virginia was pleased to partner with the Monongalia County Bar Association to bring Law Day 2010 to Morgantown.

Catherine Munster, 2010 Recipient of the Regina Charon ‘Zealous Advocate’ Award

Sue Julian, WV Coalition Against Domestic Violence and Judy King Smith, Rape and Domestic Violence Information Center

Nyles Charon, Delegate Barbara Evans Fleischauer, Professor Bob Bastress, and Catherine Munster

Professor Marjorie McDiarmid, 2010 Star Award Winner Stephen Higgins, The Honorable Russell M. Clawges and Morgantown Mayor, Bill Byrne

5

LAWV Special Program Support – The Veteran’s Legal Services Support ProjectGovernor Joe Manchin IIIThe West Virginia State BarJackson Kelly PLLCAndrew NasonThe Segal Law Firm

Richard SinclairSpilman Thomas & Battle PLLCSteptoe & Johnson PLLCSteven Walker

CLIENT FILES: David Clark is 53 and began his working career as a Seaman in the U.S. Navy, serv-ing throughout the Vietnam War era. Since the early 1980’s David worked as a truck driver with a long and well-documented history of good work habits. David received many accolades and certifi-cates for exemplary work and attention to safety policies and practices. David had reached the sta-tus of ‘Senior Driver’ with the trucking company for whom he had been employed for the past 10 years.

In 2010, a new Manager was hired to supervise Da-vid, and that’s when problems began to develop. Incidents, which in the past had been deemed un-intentional mistakes, were now considered ‘major errors.’ It seemed David’s new Manager looked for every reason to accuse David of wrong-doings or to make minor mistakes into misconduct. Eventu-ally, David was placed on three years of probation and was warned that he was ‘on his way out.’

In fact, it didn’t take long for them to fault David once again and terminate his employment. After a minor accident in the company parking lot, Da-vid was discharged immediately rather than being

“I am totally thrilled with the help Legal Aid gave me. Legal

Aid stepped up to bat for me and corrected the unfair and unrea-

sonable charges I was facing. Don’t know where I would’ve

been without the Legal Aid folks,” said David Clark.

granted an opportunity to explain what hap-pened as per company policy. Adding insult to injury, the employer deemed the incident gross misconduct, disqualifying David entirely from unemployment benefits.

With the combined advocacy of Legal Aid At-torneys Melinda Dugas and Jordan Ballard, Da-vid successfully challenged the gross miscon-duct designation. He is now receiving benefits vital to maintaining the financial health of his family, and is enrolled in a vocational rehabili-tation program that will lead to an expanded array of job opportunities in the near future.

Campaign for Legal Aid

All West Virginians deserve justice, regardless of income, but the truth is that thousands cannot afford to pay an attorney. Legal Aid is a critical part of the safety net for West Virginia’s most vulnerable citizens. The Campaign for Legal Aid 2008-2010 fundraising campaign, Chaired by John Cooper and Tyler Dins-more, closed out with a total of nearly half a million dollars raised in support of legal services in West Vir-ginia. These are private donors and law firms, giving of their money because they believe that justice should not equal what a person can pay for it!

Leading To Justice Award – Matched Giving Campaign Jackson Kelly, PLLCFlaherty, Sensabaugh & Bonasso, PLLC

Hope Award – Individual CategoryJ. Franklin LongMarvin Masters

Equality Award – Small Firm CategoryGreene Ketchum Walker Bailey Farrell & TweelThe Segal Law Firm

Justice Award – Medium Firm CategoryAllen Guthrie & Thomas PLLCRobinson & McElwee PLLC

Liberty Award – Large Firm CategoryJackson Kelly PLLCBowles Rice McDavid Graff & Love LLP

The Law Offices Of J. Franklin Long

Allen Guthrie & thomAs, PllC

Campaign for Legal Aid 2009-2010 Top Donors

6

LAWV Special Program Support – The Veteran’s Legal Services Support ProjectGovernor Joe Manchin IIIThe West Virginia State BarJackson Kelly PLLCAndrew NasonThe Segal Law Firm

Richard SinclairSpilman Thomas & Battle PLLCSteptoe & Johnson PLLCSteven Walker

CLIENT FILES: David Clark is 53 and began his working career as a Seaman in the U.S. Navy, serv-ing throughout the Vietnam War era. Since the early 1980’s David worked as a truck driver with a long and well-documented history of good work habits. David received many accolades and certifi-cates for exemplary work and attention to safety policies and practices. David had reached the sta-tus of ‘Senior Driver’ with the trucking company for whom he had been employed for the past 10 years.

In 2010, a new Manager was hired to supervise Da-vid, and that’s when problems began to develop. Incidents, which in the past had been deemed un-intentional mistakes, were now considered ‘major errors.’ It seemed David’s new Manager looked for every reason to accuse David of wrong-doings or to make minor mistakes into misconduct. Eventu-ally, David was placed on three years of probation and was warned that he was ‘on his way out.’

In fact, it didn’t take long for them to fault David once again and terminate his employment. After a minor accident in the company parking lot, Da-vid was discharged immediately rather than being

“I am totally thrilled with the help Legal Aid gave me. Legal

Aid stepped up to bat for me and corrected the unfair and unrea-

sonable charges I was facing. Don’t know where I would’ve

been without the Legal Aid folks,” said David Clark.

granted an opportunity to explain what hap-pened as per company policy. Adding insult to injury, the employer deemed the incident gross misconduct, disqualifying David entirely from unemployment benefits.

With the combined advocacy of Legal Aid At-torneys Melinda Dugas and Jordan Ballard, Da-vid successfully challenged the gross miscon-duct designation. He is now receiving benefits vital to maintaining the financial health of his family, and is enrolled in a vocational rehabili-tation program that will lead to an expanded array of job opportunities in the near future.

Campaign for Legal Aid

All West Virginians deserve justice, regardless of income, but the truth is that thousands cannot afford to pay an attorney. Legal Aid is a critical part of the safety net for West Virginia’s most vulnerable citizens. The Campaign for Legal Aid 2008-2010 fundraising campaign, Chaired by John Cooper and Tyler Dins-more, closed out with a total of nearly half a million dollars raised in support of legal services in West Vir-ginia. These are private donors and law firms, giving of their money because they believe that justice should not equal what a person can pay for it!

Leading To Justice Award – Matched Giving Campaign Jackson Kelly, PLLCFlaherty, Sensabaugh & Bonasso, PLLC

Hope Award – Individual CategoryJ. Franklin LongMarvin Masters

Equality Award – Small Firm CategoryGreene Ketchum Walker Bailey Farrell & TweelThe Segal Law Firm

Justice Award – Medium Firm CategoryAllen Guthrie & Thomas PLLCRobinson & McElwee PLLC

Liberty Award – Large Firm CategoryJackson Kelly PLLCBowles Rice McDavid Graff & Love LLP

The Law Offices Of J. Franklin Long

Allen Guthrie & thomAs, PllC

Campaign for Legal Aid 2009-2010 Top Donors

7

1. Giving Through the Campaign for Legal AidThe Campaign for Legal Aid reaches out to the private bar, corporations and the commu-nity on an annual basis through state-wide fundraising appeals. The Campaign raises critical funds to support Legal Aid of West Virginia’s efforts to provide legal counsel to vulnerable people when their rights are threatened. The Campaign provides a base of discretionary funds that helps LAWV augment its operational funding in any given year. As general fund-ing, including that which is provided by the federal government, continues to lessen, funds raised through the Campaign become ever more critical. The Campaign has become a major source of program support the organization depends on. Please donate at www.lawv.net.

2. Giving Through Cy PresCy Pres is Norman French for “as near as may be.” Courts have found Legal Aid programs to be appropriate recipients of class action residuals for a number of rea-sons including: legal aid programs often represent the next best use of unclaimed funds to indirectly benefit class mem-bers; legal services programs protect the rights of poor persons who would otherwise be unrepresented in the jus-tice system; legal services programs typi-cally give good value for charity dollars as high quality community institutions; and the underlying mission of legal services programs is consistent with the purpose of class action lawsuits and Rule 23 of the Federal Rules of Civil Procedure. Legal services programs in a number of states including West Virginia have benefited from Cy Pres awards including those in Massachusetts, Ohio, Georgia, Illinois, Maryland, Minnesota, Missouri, New York and Pennsylvania.

Investing In Justice to Support Legal Aid of West Virginia3. Giving Through Our EndowmentAn endowment fund helps transform agencies from grant-dependant organizations into in-stitutions that will serve the community for many generations to come. The Greater Kanawha Valley Foundation currently holds and manages the Legal Aid of West Virginia Endowment. To donate directly to the LAWV endowment, please contact The Greater Kanawha Valley Founda-tion at www.tgkvf.org.

4. Giving Through Your WillA specific dollar amount, specific asset, or percentage of an estate may be specified in your will or trust to be paid to Legal Aid of West Virginia.

5. Giving Through Charitable RemainderA significant donation can be structured in a remainder trust with a lifetime income for one or more beneficiaries and the remainder going to LAWV, or with the lifetime income going to LAWV and the remainder going to the beneficiaries. Trusts can be designed to meet your individual tax needs and provide savings on income, capital gains, and estate taxes.

6. Giving Life InsuranceNew or current life insurance policies may be transferred or irrevocably assigned to LAWV as beneficiary, or you can retain ownership of a policy, pay the premium, and simply name LAWV as the beneficiary. Both have substantial tax benefits to you and your estate.

For more information on the various ways to support legal services in West Virginia, contact the LAWV Director of Development, Jennifer Jordan at 304.414.5438 or email to [email protected] Aid protects our most vulner-

able people — women and children trying to escape abuse, disabled vet-erans and seniors, families facing foreclosure and eviction. Lawyers have an obligation to support Legal Aid, and one way we’ve been able to do that is through cy pres donations in our class action cases.

- John Barrett, Bailey & Glasser LLP

History of Cy Pres & Legal Aid2011 $72,305 - Bailey & Glasser2010 $3,3942009 $6,958 - Pepper and Nason2008 $469,066 – Bailey & Glasser2007 $42,000

8

1. Giving Through the Campaign for Legal AidThe Campaign for Legal Aid reaches out to the private bar, corporations and the commu-nity on an annual basis through state-wide fundraising appeals. The Campaign raises critical funds to support Legal Aid of West Virginia’s efforts to provide legal counsel to vulnerable people when their rights are threatened. The Campaign provides a base of discretionary funds that helps LAWV augment its operational funding in any given year. As general fund-ing, including that which is provided by the federal government, continues to lessen, funds raised through the Campaign become ever more critical. The Campaign has become a major source of program support the organization depends on. Please donate at www.lawv.net.

2. Giving Through Cy PresCy Pres is Norman French for “as near as may be.” Courts have found Legal Aid programs to be appropriate recipients of class action residuals for a number of rea-sons including: legal aid programs often represent the next best use of unclaimed funds to indirectly benefit class mem-bers; legal services programs protect the rights of poor persons who would otherwise be unrepresented in the jus-tice system; legal services programs typi-cally give good value for charity dollars as high quality community institutions; and the underlying mission of legal services programs is consistent with the purpose of class action lawsuits and Rule 23 of the Federal Rules of Civil Procedure. Legal services programs in a number of states including West Virginia have benefited from Cy Pres awards including those in Massachusetts, Ohio, Georgia, Illinois, Maryland, Minnesota, Missouri, New York and Pennsylvania.

Investing In Justice to Support Legal Aid of West Virginia3. Giving Through Our EndowmentAn endowment fund helps transform agencies from grant-dependant organizations into in-stitutions that will serve the community for many generations to come. The Greater Kanawha Valley Foundation currently holds and manages the Legal Aid of West Virginia Endowment. To donate directly to the LAWV endowment, please contact The Greater Kanawha Valley Founda-tion at www.tgkvf.org.

4. Giving Through Your WillA specific dollar amount, specific asset, or percentage of an estate may be specified in your will or trust to be paid to Legal Aid of West Virginia.

5. Giving Through Charitable RemainderA significant donation can be structured in a remainder trust with a lifetime income for one or more beneficiaries and the remainder going to LAWV, or with the lifetime income going to LAWV and the remainder going to the beneficiaries. Trusts can be designed to meet your individual tax needs and provide savings on income, capital gains, and estate taxes.

6. Giving Life InsuranceNew or current life insurance policies may be transferred or irrevocably assigned to LAWV as beneficiary, or you can retain ownership of a policy, pay the premium, and simply name LAWV as the beneficiary. Both have substantial tax benefits to you and your estate.

For more information on the various ways to support legal services in West Virginia, contact the LAWV Director of Development, Jennifer Jordan at 304.414.5438 or email to [email protected] Aid protects our most vulner-

able people — women and children trying to escape abuse, disabled vet-erans and seniors, families facing foreclosure and eviction. Lawyers have an obligation to support Legal Aid, and one way we’ve been able to do that is through cy pres donations in our class action cases.

- John Barrett, Bailey & Glasser LLP

History of Cy Pres & Legal Aid2011 $72,305 - Bailey & Glasser2010 $3,3942009 $6,958 - Pepper and Nason2008 $469,066 – Bailey & Glasser2007 $42,000

9

LAWV 2010 Donors

And Justice for All Champion $25,000+West Virginia State Bar

Equal Justice Benefactor $15,000-$24,999Bowles Rice McDavid Graff & Love, PLLCJackson Kelly PLLC

Equal Justice Leader $10,000-$14,999Marvin MastersSpilman Thomas & Battle PLLCThe Segal Law FirmSteptoe & Johnson PLLC

Equal Justice Partner $5,000-$9,999Allen, Guthrie & Thomas PLLCFlaherty, Sensabaugh & Bonasso PLLCGreene, Ketchum, Bailey, Walker, Farrell & TweelRobinson & McElwee PLLC

Equal Justice Patron $2,000-$4,999Burke, Shultz, Harman & JenkinsonGretchen & Christopher Callas

Dinsmore & Shohl LLPSteven F. White

Equal Justice Advocate $500-$1,999Rob Aliff & Tracy WilkersonBilly AtkinsJames & Susan BaekBob Bastress & Barbara FleischauerRalph Bean, Jr.Larry BlalockBusch, Zurbuch & Thompson PLLCEllen Cappellanti & Mark CarboneCooper & Preston Naomi CohenStephen DavisPatrick DeemTyler DinsmoreCharles DiSalvoWilliam DobbsAl EmchDavid M. Flannery

Cy Pres A cy pres designation in the amount of $72,305 was provided to Legal Aid of West Virginia, at the direction of Bailey & Glasser LLP, through their lawyers John Barrett and Jonathan Marshall, and with the approval of Judge Paul Zakaib, Jr.

Michael & Kimberly FosterSamme GeeLeslie “Pete” HoffmanCarl Hostler Loren HowleyHuddleston Bolen LLPThomas & Julia HurneyJoseph Jenkins & Susana DuarteVincent J. KingLeonard KneeManchin & Aloi PLLCJames MartinJames Martin, Jr.William & Holly MattinglyMarjorie McDiarmidDeborah McHenry & Elaine MooreJill McIntyreThomas McJunkinKemp MortonBrace MullettAndrew NasonBruce G. PerroneMark RobinsonLarry RoweShuman, McCuskey & Slicer PLLCJames SnyderLarry StarcherPamela TarrMark Toor & Allyn TurnerMichael & Janet VictorsonDawn WarfieldAdrienne Worthy

Standard Bearer $200-$499Martin BaachErica BaumgrasMark BrowningRobert Busse

John DascoliChad DicoccoCarter ElkinsSam FoxBlair GardnerRobert J. GaudioThomas GilpinPhillip GlyptisRochelle GoodwinWilliam HarvitElliott & Nancy HicksAmber HobackJohn HoffmanRobert & Shelly JamesRichard JonesEdward & Nancy KroppElizabeth LordCharles LoveEdward MartinPerry Miller & Taunja Willis-MillerThe Monongalia County Bar Assoc.Harry MontoroNelson, Mullins, Riley & Scarborough LLPBradley J. PylesSchwab Charitable Fund See Law FirmDeborah Sink & Robert McCluskeyElizabeth TaylorRobert TweelJeffrey WakefieldRichard & Karen WatsonSteven R. WhiteCarter ZerbeRobin HesterPhilip HillCarl HostlerAmy HumphreysRobert James

Many Thanks to our Generous Donors who make our work possible!

J. Tyler DinsmoreFlaherty, Sensabaugh & Bonasso, PLLCCampaign Chairman, 2009-2010

John CooperCooper & PrestonCampaign Chairman, 2009-2010


Past Chairpersons of the Campaign for Legal Aid include:• Scott Segal, The Segal Law Firm • Al Karlin, Al Karlin & Associates• Al Emch, Jackson Kelly PLLC • Charlie Love, Bowles Rice McDavid Graff & Love LLP

10


LAWV 2010 Donors

And Justice for All Champion $25,000+West Virginia State Bar

Equal Justice Benefactor $15,000-$24,999Bowles Rice McDavid Graff & Love, PLLCJackson Kelly PLLC

Equal Justice Leader $10,000-$14,999Marvin MastersSpilman Thomas & Battle PLLCThe Segal Law FirmSteptoe & Johnson PLLC

Equal Justice Partner $5,000-$9,999Allen, Guthrie & Thomas PLLCFlaherty, Sensabaugh & Bonasso PLLCGreene, Ketchum, Bailey, Walker, Farrell & TweelRobinson & McElwee PLLC

Equal Justice Patron $2,000-$4,999Burke, Shultz, Harman & JenkinsonGretchen & Christopher Callas

Dinsmore & Shohl LLPSteven F. White

Equal Justice Advocate $500-$1,999Rob Aliff & Tracy WilkersonBilly AtkinsJames & Susan BaekBob Bastress & Barbara FleischauerRalph Bean, Jr.Larry BlalockBusch, Zurbuch & Thompson PLLCEllen Cappellanti & Mark CarboneCooper & Preston Naomi CohenStephen DavisPatrick DeemTyler DinsmoreCharles DiSalvoWilliam DobbsAl EmchDavid M. Flannery

Cy Pres A cy pres designation in the amount of $72,305 was provided to Legal Aid of West Virginia, at the direction of Bailey & Glasser LLP, through their lawyers John Barrett and Jonathan Marshall, and with the approval of Judge Paul Zakaib, Jr.

Michael & Kimberly FosterSamme GeeLeslie “Pete” HoffmanCarl Hostler Loren HowleyHuddleston Bolen LLPThomas & Julia HurneyJoseph Jenkins & Susana DuarteVincent J. KingLeonard KneeManchin & Aloi PLLCJames MartinJames Martin, Jr.William & Holly MattinglyMarjorie McDiarmidDeborah McHenry & Elaine MooreJill McIntyreThomas McJunkinKemp MortonBrace MullettAndrew NasonBruce G. PerroneMark RobinsonLarry RoweShuman, McCuskey & Slicer PLLCJames SnyderLarry StarcherPamela TarrMark Toor & Allyn TurnerMichael & Janet VictorsonDawn WarfieldAdrienne Worthy

Standard Bearer $200-$499Martin BaachErica BaumgrasMark BrowningRobert Busse

John DascoliChad DicoccoCarter ElkinsSam FoxBlair GardnerRobert J. GaudioThomas GilpinPhillip GlyptisRochelle GoodwinWilliam HarvitElliott & Nancy HicksAmber HobackJohn HoffmanRobert & Shelly JamesRichard JonesEdward & Nancy KroppElizabeth LordCharles LoveEdward MartinPerry Miller & Taunja Willis-MillerThe Monongalia County Bar Assoc.Harry MontoroNelson, Mullins, Riley & Scarborough LLPBradley J. PylesSchwab Charitable Fund See Law FirmDeborah Sink & Robert McCluskeyElizabeth TaylorRobert TweelJeffrey WakefieldRichard & Karen WatsonSteven R. WhiteCarter ZerbeRobin HesterPhilip HillCarl HostlerAmy HumphreysRobert James


J. Tyler DinsmoreFlaherty, Sensabaugh & Bonasso, PLLCCampaign Chairman, 2009-2010

John CooperCooper & PrestonCampaign Chairman, 2009-2010


Past Chairpersons of the Campaign for Legal Aid include:• Scott Segal, The Segal Law Firm • Al Karlin, Al Karlin & Associates• Al Emch, Jackson Kelly PLLC • Charlie Love, Bowles Rice McDavid Graff & Love LLP

11


OMBUDSMAN Long Term Care Program


CLIENT FILES: Michael and Gale “Duff-ie” Hunt met and mar-ried in 1972. Michael has been blind since the age of 14, when cancer killed his optic nerve. Duffie has been his constant companion and loving caretaker their entire marriage. Duffie has performed all of the necessary daily living chores for Michael their entire marriage long.

Their nearly 40 year marriage has not been an easy one – rot with abject poverty, homeless-ness, over 100 surgeries, cancer, and the death of their only child – but at least they had each other. They had taken good care of each other and loved each other through it all.

In 2010, Michael and Duffie found themselves separated for the first time in their entire mar-riage. They had been living together in an As-sisted Living facility, when Duffie took a bad fall and broke her back. It was determined that Duffie would need a higher level of care than the Assisted Living facility could provide, and she was transferred to a Nursing Home ap-proximately 30 miles from the Assisted Living facility....and Michael.

Michael was totally lost and unable to care for himself without Duffie. Michael’s health was failing and he began to suffer from incon-tinence. He fell into a deep depression and Michael began self-mutilating. Michael cried constantly and eventually attempted suicide.

Duffie too was suffering without her compan-ion of nearly 40 years. They missed each other terribly.

Polly Lafferty, the Legal Aid of West Virginia Long Term Care Ombudsman, made a routine

Said Michael: “I felt so happy to

so bad. Polly was so good to us!”

visit to the Assisted Living facility at which Michael was staying and she quickly real-

in multiple ways, not the least of which was his bro-

ken heart. Polly immediately began the process to have Michael deemed Nursing Home eligible, so as to

one, as it had to be proven that Michael met the re-

eligible. In addition, a bed would have to be made available for Michael at the Nursing Home before the move could take place.

After weeks of dogged determination, Polly was able to have Michael deemed nursing home eligible,

With no details or information, Michael was asked to pack his bags. He nervously did so, being totally unaware of the surprise that awaited him. He was transported to the Nursing Home, but being blind, he could not see his surroundings. However, upon entering the unfamiliar building with the assistance

19,500 • Number of individuals served by Ombudsman staff statewide in 2010

Richard JonesVincent KingJames Martin, Jr.Melissa MarlandWesley MetheneyTimothy MillerWilliam E. MohlerRoger NicholsonKim PolandBradley J. PylesWilliam ThurmanTerry SchnellDon SensabaughSheridan & FitzgeraldMichael C. SmithBarbara Steinke and Nina ShinagelVanNostrand & Morton, PLLCVictor WoodsJohn YoungCarter ZerbeSophie Zdatny

Friend of Justice Up to $199Terri BaurP. Nathan Bowles, Jr.Ryan BrownButcher & Butcher Attorneys at LawNyles CharonClifton ClarkJoshua & Kellie ClarkFranklin CrabtreeWalter DeforestTravis & Catherine EckleyBarbara ElkinsKathy FinsleyRobert FletcherLucinda FluhartyJohn R. FrazierShawn GillispieRichard GoldsteinThe Hoosier Law Firm LLCGary JackFrank Jackson

Diana JohnsonNorris KantorBrian LindsayNancy LoudinSamuel MadiaTeresa McCuneE. Dandridge McDonaldBlane MichaelLydia MilnesCynthia MoffattC. David MorrisonWilliam James O’BrienSusan PerryKim PolandC. Reeves & Neva TaylorJames Robert & Jessica AlsopJohn RogersAmy RothmanSheryl RuckerLindsey SaadJohn SchroederEva Segert-TaugerAnne SelingerPaul Sheridan & Kate FitzgeraldMichael SmithRussell SmithPenny SnyderLynn SpencerElizabeth TaylorVelma ThomasTom & Rebecca Tinder Ryan VoelkerJason WadeDawn WarfieldLillian WaughLorraine WeaverDebby WeinsteinTessa WhiteCarla WilliamsKristi Woodall

12


OMBUDSMAN Long Term Care Program


CLIENT FILES: Michael and Gale “Duff-ie” Hunt met and mar-ried in 1972. Michael has been blind since the age of 14, when cancer killed his optic nerve. Duffie has been his constant companion and loving caretaker their entire marriage. Duffie has performed all of the necessary daily living chores for Michael their entire marriage long.

Their nearly 40 year marriage has not been an easy one – rot with abject poverty, homeless-ness, over 100 surgeries, cancer, and the death of their only child – but at least they had each other. They had taken good care of each other and loved each other through it all.

In 2010, Michael and Duffie found themselves separated for the first time in their entire mar-riage. They had been living together in an As-sisted Living facility, when Duffie took a bad fall and broke her back. It was determined that Duffie would need a higher level of care than the Assisted Living facility could provide, and she was transferred to a Nursing Home ap-proximately 30 miles from the Assisted Living facility....and Michael.

Michael was totally lost and unable to care for himself without Duffie. Michael’s health was failing and he began to suffer from incon-tinence. He fell into a deep depression and Michael began self-mutilating. Michael cried constantly and eventually attempted suicide.

Duffie too was suffering without her compan-ion of nearly 40 years. They missed each other terribly.

Polly Lafferty, the Legal Aid of West Virginia Long Term Care Ombudsman, made a routine

Said Michael: “I felt so happy to

so bad. Polly was so good to us!”

visit to the Assisted Living facility at which Michael was staying and she quickly real-

in multiple ways, not the least of which was his bro-

ken heart. Polly immediately began the process to have Michael deemed Nursing Home eligible, so as to

one, as it had to be proven that Michael met the re-

eligible. In addition, a bed would have to be made available for Michael at the Nursing Home before the move could take place.

After weeks of dogged determination, Polly was able to have Michael deemed nursing home eligible,

With no details or information, Michael was asked to pack his bags. He nervously did so, being totally unaware of the surprise that awaited him. He was transported to the Nursing Home, but being blind, he could not see his surroundings. However, upon entering the unfamiliar building with the assistance

19,500 • Number of individuals served by Ombudsman staff statewide in 2010

Richard JonesVincent KingJames Martin, Jr.Melissa MarlandWesley MetheneyTimothy MillerWilliam E. MohlerRoger NicholsonKim PolandBradley J. PylesWilliam ThurmanTerry SchnellDon SensabaughSheridan & FitzgeraldMichael C. SmithBarbara Steinke and Nina ShinagelVanNostrand & Morton, PLLCVictor WoodsJohn YoungCarter ZerbeSophie Zdatny

Friend of Justice Up to $199Terri BaurP. Nathan Bowles, Jr.Ryan BrownButcher & Butcher Attorneys at LawNyles CharonClifton ClarkJoshua & Kellie ClarkFranklin CrabtreeWalter DeforestTravis & Catherine EckleyBarbara ElkinsKathy FinsleyRobert FletcherLucinda FluhartyJohn R. FrazierShawn GillispieRichard GoldsteinThe Hoosier Law Firm LLCGary JackFrank Jackson

Diana JohnsonNorris KantorBrian LindsayNancy LoudinSamuel MadiaTeresa McCuneE. Dandridge McDonaldBlane MichaelLydia MilnesCynthia MoffattC. David MorrisonWilliam James O’BrienSusan PerryKim PolandC. Reeves & Neva TaylorJames Robert & Jessica AlsopJohn RogersAmy RothmanSheryl RuckerLindsey SaadJohn SchroederEva Segert-TaugerAnne SelingerPaul Sheridan & Kate FitzgeraldMichael SmithRussell SmithPenny SnyderLynn SpencerElizabeth TaylorVelma ThomasTom & Rebecca Tinder Ryan VoelkerJason WadeDawn WarfieldLillian WaughLorraine WeaverDebby WeinsteinTessa WhiteCarla WilliamsKristi Woodall

13

when greeted by his precious Duffie!

Michael said, with tears streaming down his face: “I felt so happy to be back with Duffie. I missed her so bad. Polly was so good to us!”

Until death do they part...

F.A.S.T. Family Advocacy Support & Training

CLIENT FILES: From his earliest years, Corbin Williams was a very challenged little boy. Although

physically normal, he could not remember things his mother Gretta would kindly repeat to him 20-30 times per day. He could not zip his pants. He could not tie his shoes. And now, at the age of 15, he still cannot tell you what day of the week it is, cannot do simple math, cannot count money, and has a very hard time reading above a first-grade level. Corbin has no cognitive skills, no analytical skills, no ability to follow directions. He is a 15 year old with the mind of a 7 year old.

Corbin has an I.Q. of 77. Corbin also suffers from Obsessive Compulsive Disorder (OCD), Opposi-tional Defiant Disorder (ODD), Attention Deficit Hyperactivity Disorder (ADHD), severe Dyslexia, Hyper-Sensitivity, and has recently been tested for Aspergers Disease.

But at the end of the day, Corbin also has a mother who loves him dearly and would sacrifice nearly anything to see her son – who is all-told “border-line mentally retarded” – receive the services he is legally entitled to under the law. This has not been easy – “I don’t want to fool with him,” said one School Principal. This hasn’t been easy on Corbin either. He was once under suicide watch and told his mother “I wish I was never born.”

2,708 • Number of people served in 2010 by the Behavioral Health Advocacy and

Family Advocacy Support and Training Programs of LAWV.

The services that Corbin is legally entitled to have never come easily, and have been a fight in mul-tiple counties and at every level. Most recently, and after an entire school year of heated discus-sions, arguments, and meetings, staff of the Le-gal Aid Family, Advocacy, Support and Training Program, including Parent Coordinator Deana Cummings and Attorney Melissa Hager filed a State Complaint against the local school system for blatantly defying the terms and conditions of the Individualized Education Plan created espe-cially for Corbin. It was only at this time that the school system relented and became agreeable to accommodating Corbin and his special needs, in-cluding 45 hours of compensatory education for Corbin, in an effort to make up for lost time and educational opportunities.

“The help I’ve gotten from Legal Aid is priceless. Without Legal Aid I have no

help, no guidance, no advice. Legal Aid is all the hope I have for my sons future.

With Legal Aid my son has a fighting chance,” said Gretta Williams.

20%

Health 1%

Juvenile 0%

Housing 11%

Income Maintenance 7%

Individual Rights 14%

Other 5%

Consumer 7%

Education 2%

Employment 2%

Family 50%

Health 1%

Juvenile 0%

Housing 11%



Other 5%

Consumer 7%

Education 2%

Employment 2%

Family 50%

Health 1%

Juvenile 0%

Housing 11%



Other 5%

Consumer 7%

Education 2%

Employment 2%

Family 50%

Statewide increase in demand for services from Legal Aid of West Virginia in 2010

Legal Aid of West Virginia Cases Closed by Subject in 2010

14

F.A.S.T. Family Advocacy Support & Training

CLIENT FILES: From his earliest years, Corbin Williams was a very challenged little boy. Although

physically normal, he could not remember things his mother Gretta would kindly repeat to him 20-30 times per day. He could not zip his pants. He could not tie his shoes. And now, at the age of 15, he still cannot tell you what day of the week it is, cannot do simple math, cannot count money, and has a very hard time reading above a first-grade level. Corbin has no cognitive skills, no analytical skills, no ability to follow directions. He is a 15 year old with the mind of a 7 year old.

Corbin has an I.Q. of 77. Corbin also suffers from Obsessive Compulsive Disorder (OCD), Opposi-tional Defiant Disorder (ODD), Attention Deficit Hyperactivity Disorder (ADHD), severe Dyslexia, Hyper-Sensitivity, and has recently been tested for Aspergers Disease.

But at the end of the day, Corbin also has a mother who loves him dearly and would sacrifice nearly anything to see her son – who is all-told “border-line mentally retarded” – receive the services he is legally entitled to under the law. This has not been easy – “I don’t want to fool with him,” said one School Principal. This hasn’t been easy on Corbin either. He was once under suicide watch and told his mother “I wish I was never born.”

2,708 • Number of people served in 2010 by the Behavioral Health Advocacy and

Family Advocacy Support and Training Programs of LAWV.

The services that Corbin is legally entitled to have never come easily, and have been a fight in mul-tiple counties and at every level. Most recently, and after an entire school year of heated discus-sions, arguments, and meetings, staff of the Le-gal Aid Family, Advocacy, Support and Training Program, including Parent Coordinator Deana Cummings and Attorney Melissa Hager filed a State Complaint against the local school system for blatantly defying the terms and conditions of the Individualized Education Plan created espe-cially for Corbin. It was only at this time that the school system relented and became agreeable to accommodating Corbin and his special needs, in-cluding 45 hours of compensatory education for Corbin, in an effort to make up for lost time and educational opportunities.

“The help I’ve gotten from Legal Aid is priceless. Without Legal Aid I have no

help, no guidance, no advice. Legal Aid is all the hope I have for my sons future.

With Legal Aid my son has a fighting chance,” said Gretta Williams.

20%

Health 1%

Juvenile 0%

Housing 11%



Other 5%

Consumer 7%

Education 2%

Employment 2%

Family 50%

Health 1%

Juvenile 0%

Housing 11%



Other 5%

Consumer 7%

Education 2%

Employment 2%

Family 50%

Health 1%

Juvenile 0%

Housing 11%



Other 5%

Consumer 7%

Education 2%

Employment 2%

Family 50%

Statewide increase in demand for services from Legal Aid of West Virginia in 2010

Legal Aid of West Virginia Cases Closed by Subject in 2010

15

Pro Bono Referral Project of Legal Aid Of West Virginia

CLIENT FILES: Tammy and Randy were mar-ried in 2007. At the time Tammy was 43, Randy 48. Tammy brought to the marriage her own home, purchased several years prior. While married, Tammy and Randy jointly decided to purchase a larger home that would be more ac-commodating to their family. Tammy agreed to using the equity in the home she brought to

the marriage as collateral for a down payment on the new home. In doing so, she assumed a new debt of about $35,000 for a new mortgage on the home.

Tammy and Randy were married for three years when the marriage began to dissolve. Randy had become mentally abusive. Tammy had no income of her own and therefore came to Le-gal Aid for assistance with the divorce. It was determined that although Tammy qualified for Legal Aid services, unfortunately there was no staff attorney in the Wheeling office who was

4,622 • Number of Pro Bono hours donated statewide by

private attorneys

available to help her. It was to Tammy’s great relief that Pro Bono Attorney Sam Kasley agreed to help with her divorce.

The divorce became especially complicated when Randy took it upon himself to sell the marital home, that he was still living in, to his new girl-friend. Although Tammy had provided the collat-eral for the down payment, Randy took the equity realized from the sale of the second home and de-cided it would be better used to make upgrades to that home where he and his new girlfriend now live. Randy wanted Tammy to assume payment of the new mortgage on the first home but she was unable to make the payments with no income. The letters from the bank began to pile up, and finally, the foreclosure letter came.

The divorce proceedings, which included Pre-liminary and Final Hearings and two Contempt hearings, spanned over 16 months, and resulted in approximately 150 hours of pro bono attorney time. The property settlement aspects of the case became quite complicated, so Pro Bono Attorney Sam Kasley sought help from other Legal Aid at-torneys including Jim Martin, Catherine Eckley and Mark Toor. Attorney Kasley was particularly grate-ful for the generous help of Josh Frankel of the LAWV Wheeling Office regarding some points of law and preparation for the several hearings.

At the end of the day, and after a Final Hearing that lasted nearly 4 hours and two subsequent Con-tempt hearings, Tammy was awarded a cash settle-ment that enabled her to pay off the mortgage on her original home and to keep that home!

“ I was mentally exhausted and on the verge of being homeless. The foreclosure letter terrified me. Legal Aid saved my home.

Legal Aid went the extra mile for me and I am so grateful!” said

Tammy Marriner.

Each year, the Pro Bono Referral Project, a joint venture between Legal Aid of West Virginia, the West Virginia State Bar and West Virginia Senior Legal Aid recognizes volunteer attorneys who donate their expertise and legal assistance to low income West Virginians. The Project presents the Firm of the Year award to the law firm that donates the greatest number of pro bono hours throughout the year. The individual attorney who donates the greatest number of pro bono hours receives the Kaufman Award, which is named after and given in honor of the late Paul Kaufman, a founder of the Legal Aid Society of Charleston, and a leader in providing access to justice for all West Virginians.

Former Legal Aid of West Virginia attorney Charles B. (“Chuck”) Rogers was the recipi-ent of the 2010 Kaufman Award. Chuck worked in the private sector, with the Bureau for Child Support Enforcement and as a Baltimore public defender before finding his way to Legal Aid, where he specialized in public benefits work, housing and consumer cases. After his 2009 retirement, Chuck volunteered with Legal Aid, focusing primarily on benefits cases. He was especially interested in cases where children had outgrown their wheelchairs, but had been denied new ones and pursued these cases with vigor. Two of his cases are currently on appeal. Chuck donated over 300 hours to LAWV’s Parkersburg office in 2010 where he set a local record for “thank you’s” received from clients.

Steptoe & Johnson was the recipient of the 2010 Firm of the Year award. In keeping with firm tradition, Step-toe & Johnson handled hundreds of pro bono matters throughout the year. The volunteer work of Steptoe at-torneys included representing low income clients in final domestic violence protective order hearings, adoption,

abuse and neglect protection proceedings for children, representation in real estate transac-tions related to supplying housing for the homeless, end-of-life planning for seniors, trans-portation assistance program development for servicemen and women, assisting charitable entities in incorporation endeavors and much more.

Award winners were recognized during the 2011 West Virginia State Bar Annual Meeting in Charleston.

Pro Bono Kaufman Award

Congressman Allan B. Mollohan and 2010 Kaufman Award Recipient Chuck Rogers. Photo provided by Reece Booth.

16

Pro Bono Referral Project of Legal Aid Of West Virginia

CLIENT FILES: Tammy and Randy were mar-ried in 2007. At the time Tammy was 43, Randy 48. Tammy brought to the marriage her own home, purchased several years prior. While married, Tammy and Randy jointly decided to purchase a larger home that would be more ac-commodating to their family. Tammy agreed to using the equity in the home she brought to

the marriage as collateral for a down payment on the new home. In doing so, she assumed a new debt of about $35,000 for a new mortgage on the home.

Tammy and Randy were married for three years when the marriage began to dissolve. Randy had become mentally abusive. Tammy had no income of her own and therefore came to Le-gal Aid for assistance with the divorce. It was determined that although Tammy qualified for Legal Aid services, unfortunately there was no staff attorney in the Wheeling office who was

4,622 • Number of Pro Bono hours donated statewide by

private attorneys

available to help her. It was to Tammy’s great relief that Pro Bono Attorney Sam Kasley agreed to help with her divorce.

The divorce became especially complicated when Randy took it upon himself to sell the marital home, that he was still living in, to his new girl-friend. Although Tammy had provided the collat-eral for the down payment, Randy took the equity realized from the sale of the second home and de-cided it would be better used to make upgrades to that home where he and his new girlfriend now live. Randy wanted Tammy to assume payment of the new mortgage on the first home but she was unable to make the payments with no income. The letters from the bank began to pile up, and finally, the foreclosure letter came.

The divorce proceedings, which included Pre-liminary and Final Hearings and two Contempt hearings, spanned over 16 months, and resulted in approximately 150 hours of pro bono attorney time. The property settlement aspects of the case became quite complicated, so Pro Bono Attorney Sam Kasley sought help from other Legal Aid at-torneys including Jim Martin, Catherine Eckley and Mark Toor. Attorney Kasley was particularly grate-ful for the generous help of Josh Frankel of the LAWV Wheeling Office regarding some points of law and preparation for the several hearings.

At the end of the day, and after a Final Hearing that lasted nearly 4 hours and two subsequent Con-tempt hearings, Tammy was awarded a cash settle-ment that enabled her to pay off the mortgage on her original home and to keep that home!

“ I was mentally exhausted and on the verge of being homeless. The foreclosure letter terrified me. Legal Aid saved my home.

Legal Aid went the extra mile for me and I am so grateful!” said

Tammy Marriner.

Each year, the Pro Bono Referral Project, a joint venture between Legal Aid of West Virginia, the West Virginia State Bar and West Virginia Senior Legal Aid recognizes volunteer attorneys who donate their expertise and legal assistance to low income West Virginians. The Project presents the Firm of the Year award to the law firm that donates the greatest number of pro bono hours throughout the year. The individual attorney who donates the greatest number of pro bono hours receives the Kaufman Award, which is named after and given in honor of the late Paul Kaufman, a founder of the Legal Aid Society of Charleston, and a leader in providing access to justice for all West Virginians.

Former Legal Aid of West Virginia attorney Charles B. (“Chuck”) Rogers was the recipi-ent of the 2010 Kaufman Award. Chuck worked in the private sector, with the Bureau for Child Support Enforcement and as a Baltimore public defender before finding his way to Legal Aid, where he specialized in public benefits work, housing and consumer cases. After his 2009 retirement, Chuck volunteered with Legal Aid, focusing primarily on benefits cases. He was especially interested in cases where children had outgrown their wheelchairs, but had been denied new ones and pursued these cases with vigor. Two of his cases are currently on appeal. Chuck donated over 300 hours to LAWV’s Parkersburg office in 2010 where he set a local record for “thank you’s” received from clients.

Steptoe & Johnson was the recipient of the 2010 Firm of the Year award. In keeping with firm tradition, Step-toe & Johnson handled hundreds of pro bono matters throughout the year. The volunteer work of Steptoe at-torneys included representing low income clients in final domestic violence protective order hearings, adoption,

abuse and neglect protection proceedings for children, representation in real estate transac-tions related to supplying housing for the homeless, end-of-life planning for seniors, trans-portation assistance program development for servicemen and women, assisting charitable entities in incorporation endeavors and much more.

Award winners were recognized during the 2011 West Virginia State Bar Annual Meeting in Charleston.

Pro Bono Kaufman Award

Congressman Allan B. Mollohan and 2010 Kaufman Award Recipient Chuck Rogers. Photo provided by Reece Booth.

17

Pro Bono Week Huntington

Pro Bono Week PrincetonPro Bono Week Charleston

Attorneys Bryan Escue and Justin Pritt volunteer in the Charleston office.

LAWV Huntington Office Supervising Attorney Hoyt GlazerLAWV Attorney Valarie Maynard and John Stapleton of Stapleton & Stapleton

Last row: Devin True, Catherine Eckley, Del. John Frazier, and Robert Holroyd, Esq. Front row: Danielle Bays-Underwood, Carolyn Laxton, Nathaniel Reese (music hall of famer), Kay Bayless, Esq., and retired Judge Edwin Wiley.

Robert Holroyd and LAWV Paralegal Carolyn Laxton Robert Holroyd and Delegate John Frazier

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Pro Bono Week Huntington

Pro Bono Week PrincetonPro Bono Week Charleston

Attorneys Bryan Escue and Justin Pritt volunteer in the Charleston office.

LAWV Huntington Office Supervising Attorney Hoyt GlazerLAWV Attorney Valarie Maynard and John Stapleton of Stapleton & Stapleton

Last row: Devin True, Catherine Eckley, Del. John Frazier, and Robert Holroyd, Esq. Front row: Danielle Bays-Underwood, Carolyn Laxton, Nathaniel Reese (music hall of famer), Kay Bayless, Esq., and retired Judge Edwin Wiley.

Robert Holroyd and LAWV Paralegal Carolyn Laxton Robert Holroyd and Delegate John Frazier

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2010 Staff Meeting

Pro Bono Week BeckleyLAWV Administrative Unit

LAWV Hall of Fame Inductee Dorothy Reed

WVU School of Law Dean Joyce E. McConnell addresses LAWV staff

LAWV Hall of Fame Inductee Jean Audet

LAWV Hall of Fame Inductee Bob Baker LAWV CFO Tammy Mullins presents Peg Kirk with staff award

Lewisburg CLE

Family Law Judge David Sanders, Michael Whitt and Rachael Cipoletti

LAWV Executive Director Adrienne Worthy and Beckley Attorney Ralph YoungLAWV Executive Director Adrienne Worthy and LAWV Executive Director Adrienne Worthy and Beckley Attorney Ralph Young

LAWV Attorneys Leah Sills, Peter Sherman and Devin True

Matthew Hayes, Esq., Chief Deputy Clerk of the United States Bankruptcy Court

The Honorable Robert A. Burnside, Jr., Raleigh County Circuit Judge

The Honorable H.L. Kirkpatrick II, Raleigh County Circuit Judge

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2010 Staff Meeting

Pro Bono Week BeckleyLAWV Administrative Unit

LAWV Hall of Fame Inductee Dorothy Reed

WVU School of Law Dean Joyce E. McConnell addresses LAWV staff

LAWV Hall of Fame Inductee Jean Audet

LAWV Hall of Fame Inductee Bob Baker LAWV CFO Tammy Mullins presents Peg Kirk with staff award

Lewisburg CLE

Family Law Judge David Sanders, Michael Whitt and Rachael Cipoletti

LAWV Executive Director Adrienne Worthy and Beckley Attorney Ralph Young

LAWV Attorneys Leah Sills, Peter Sherman and Devin True

Matthew Hayes, Esq., Chief Deputy Clerk of the United States Bankruptcy Court

The Honorable Robert A. Burnside, Jr., Raleigh County Circuit Judge

The Honorable H.L. Kirkpatrick II, Raleigh County Circuit Judge

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2010 Legal Aid of West Virginia Board of Directors

The Legal Aid of West Virginia Board of Directors is a diverse group of nineteen volunteers from across the state, who are led by Board President Andy Nason of Pepper & Nason Attorneys at Law.

LAWV Board Members include:

Anita Casey, Esq. West Virginia State Bar

Robert Gaudio, Esq. Flaherty Sensabaugh & Bonasso, PLLC

Diane Eagle Masontown, WV

Tina Faber Kenna, WV

Loren Howley, Esq. Howley Law Office

Diane Jett Hurricane, WV

David Lockwood, Esq. Lockwood & Lockwood

James Martin, Jr., Esq. Siegrist & White, PLLC

Marjorie McDiarmid WVU School of Law

Teresa McCune, Esq. Public Defender Corporation

Harry Montoro, Esq. Morgantown, WV

Brace Mullett, Esq. City Holding Company

Helen Powell Glen Jean, WV

Robert Richardson, Esq. Richardson Law Firm

Meshea Poore Mountain State Bar

Kevin Robinson Pullin Fowler Flanigan Brown & Poe PLLC

Tim Sirk, Esq. Keyser, WV

Cindy Thompson Elkins, WV

Michael Whitt, Esq. Lewisburg, WV

· Legal Services Corporation· Equal Justice Works· The Greater Kanawha Valley Foundation

· The West Virginia State Bar

· United States Department of Justice, Office of Justice Programs through the WV Coalition Against Domestic Violence

· Internal Revenue Service, Law Income Taxpayer Clinic Program· United Way of Central West Virginia· United Way of Harrison County· United Way of Monongalia and Preston Counties· West Virginia Bar Foundation· West Virginia Bureau of Senior Services· West Virginia Governor’s Office of Economic Opportunity

· The Office of Governor Joe Manchin

· West Virginia Department of Health and Human Resources · Office of Family Support · Bureau for Behavioral Health & Health Facilities · Family Protection Services Board

· West Virginia Fund for Law in the Public Interest· Skadden Fellowship Foundation

And many law firms, businesses and private individuals.

LAWV is generously supported by the following funders:

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2010 Legal Aid of West Virginia Board of Directors

The Legal Aid of West Virginia Board of Directors is a diverse group of nineteen volunteers from across the state, who are led by Board President Andy Nason of Pepper & Nason Attorneys at Law.

LAWV Board Members include:

Anita Casey, Esq. West Virginia State Bar

Robert Gaudio, Esq. Flaherty Sensabaugh & Bonasso, PLLC

Diane Eagle Masontown, WV

Tina Faber Kenna, WV

Loren Howley, Esq. Howley Law Office

Diane Jett Hurricane, WV

David Lockwood, Esq. Lockwood & Lockwood

James Martin, Jr., Esq. Siegrist & White, PLLC

Marjorie McDiarmid WVU School of Law

Teresa McCune, Esq. Public Defender Corporation

Harry Montoro, Esq. Morgantown, WV

Brace Mullett, Esq. City Holding Company

Helen Powell Glen Jean, WV

Robert Richardson, Esq. Richardson Law Firm

Meshea Poore Mountain State Bar

Kevin Robinson Pullin Fowler Flanigan Brown & Poe PLLC

Tim Sirk, Esq. Keyser, WV

Cindy Thompson Elkins, WV

Michael Whitt, Esq. Lewisburg, WV

· Legal Services Corporation· Equal Justice Works· The Greater Kanawha Valley Foundation

· The West Virginia State Bar

· United States Department of Justice, Office of Justice Programs through the WV Coalition Against Domestic Violence

· Internal Revenue Service, Law Income Taxpayer Clinic Program· United Way of Central West Virginia· United Way of Harrison County· United Way of Monongalia and Preston Counties· West Virginia Bar Foundation· West Virginia Bureau of Senior Services· West Virginia Governor’s Office of Economic Opportunity

· The Office of Governor Joe Manchin

· West Virginia Department of Health and Human Resources · Office of Family Support · Bureau for Behavioral Health & Health Facilities · Family Protection Services Board

· West Virginia Fund for Law in the Public Interest· Skadden Fellowship Foundation

And many law firms, businesses and private individuals.

LAWV is generously supported by the following funders:

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AssetsCash $942,856Client Escrow Funds $18,281Grants & Programs Receivables $469,968Pledges & Other Receivables $40,765Prepaid Expenses $3,507Furniture & Equipment $30,613Total Assets $1,505,990

Liabilities & Net AssetsAccounts Payable $187,615Accrued Taxes & Withholdings $4,303Client Trust Deposits $18,281Accrued Payroll & Annual Leave $27,486Grants & Other Funds Received in Advance $160,175Total Liabilities $397,860

Net AssetsUnrestricted $924,551Temporarily Restricted $183,579 Legal Services Corporation (grant) $136,859 Legal Services Corporation (property) $19,516 Unconditional promises to give $27,204 Total Net Assets $1,108,130

Total Liabilities & Net Assets $1,505,990

Statement of Activities For the Year Ended Dec. 31, 2010

Revenues, Gains & Other SupportGrants & Contracts $8,015,372Interest on Lawyers Trust Account $260,100Fundraising $102,980Other Income $34,915Pro Bono Donated Services $379,213Total Revenue & Other Support $8,792,580

ExpensesProgram Services $7,832,462Fundraising $202,767Depreciation $13,631Management & General $695,486Total Expenses $8,744,346

Change in Net Assets $48,234Net Assets, Beginning of Year $1,059,896Net Assets, End of Year $1,108,130

Statement of Financial PositionDecember 31, 2010

922 Quarrier Street, Fourth Floor, Charleston, West Virginia 25301

www.lawv.net

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Documents

2010 Legal Services and Advocacy in West Virginia LAWV Annual Report_0.pdf · Our Legal Assistance Unit handles civil legal problems involving domestic violence, housing stability