WEST VIRGINIA LAW INSTITUTE

GOVERNING COUNCIL

MINUTES

Meeting of October 13, 2017

1. The Governing Council of the West Virginia Law Institute met on October 13, 2017, at the West Virginia University College of Law in Morgantown. The meeting was called to order and chaired by President Scott Curnutte. Also in attendance or participating by phone were Council members Amber Brugnoli, Vince Cardi, Chief Justice Allen Loughry, Charles Love, Meshea Poore, Will Rhee, Judge James Rowe, Delegate John Shott, Shannon Smith, William Winfrey, Director/Secretary Robert Bastress, and Council Assistant Anna Dewitt.

2. Vince Cardi moved the approval of the minutes of the Council's April 12, 2017, meeting and Judge Rowe seconded. The motion carried.

3. Director Bastress reported that the Institute has about $14,650 remaining in its account.

4. Director Bastress reported on the status of the following research projects:

A. Work on the revision of the Legislature's Bill Drafting Manual has been submitted to Legislative Services and the student (now graduate) working on the project is waiting for feedback and or suggestions from Services Director Rich Olsen.

B. The student working on the research partition suit statutes in the energy states has been working on the project and reports that she plans to have a memorandum completed around the beginning of December.

C. The student working on the probate reform project has completed a chart comparing West Virginia's current probate laws with the provisions of the Uniform Probate Code. That step was necessary because the State's laws are scattered throughout several different chapters of the Code. The student is working with John Allevato and Chris Winton, the Chair and Vice-Chair of the State Bar's Probate Committee and awaits guidance from them about the next step.

D. The student most recently hired to work on the surrogate decision-maker project has completed most of the research and reports that he plans to have his report on the research completed during this year's winter break.

E. The research for the public defender/guardian ad litem project has been nearly completed, and the student is now working to complete a memorandum on his research findings.

F. The student working on the DUI procedures project has been working with Senate Judiciary Counsel Jennifer Greenlief. They hope to complete the project in November or December in time for it to be useful to address the issues in the next legislative session.

5. The Council considered several new projects. Member Winfrey brought up the need in the State for statutory guidance on how courts should deal with the multiple issues that can be raised by agreements for surrogate mothers and assisted conception. He reported that other states have such laws and moved that the Council conduct research into the possibilities. Judge Rowe seconded the motion, which passed.

6. Delegate Shott suggested reexamining the completed landlord and tenant report in light of the State Supreme Court's recent decision in State ex rel. Morrisey v. Copper Beach. The Council agreed that should be done and instructed Director Bastress to look at the issue.

7. Member Cardi suggested the Council should determine if other states had come up with any laws for dealing specifically with the opioid crisis, and he so moved that the Council research the question. Member Brugnoli seconded the motion, and it passed.

8. The Council reelected Scott Curnutte as President and Director Bastress as Secretary.

9. The Council decided to hold its next meeting in Charleston during the legislative budget week and instructed Director Bastress to determine the date, time, and location. He has since done that and set the meeting for Tuesday, March 13, 2018, at noon in the Offices of the West Virginia State Bar.

10. The meeting was adjourned.