Barker, Charles G.

Brennan, J. H.

Curl, Jos. R.

Foulk, Tom B.

English

The Research Repository @ WVU (West Virginia University)

Volume 40 Issue 4 Article 20 June 1934 The Present Program of the West Virginia Bar Association Charles G. Barker J. H. Brennan Jos. R. Curl Tom B. Foulk Follow this and additional works at: https://researchrepository.wvu.edu/wvlr  Part of the Legal Profession Commons Recommended Citation Charles G. Barker, J. H. Brennan, Jos. R. Curl & Tom B. Foulk, The Present Program of the West Virginia Bar Association, 40 W. Va. L. Rev. (1934). Available at: https://researchrepository.wvu.edu/wvlr/vol40/iss4/20 This Bench and Bar is brought to you for free and open access by the WVU College of Law at The Research Repository @ WVU. It has been accepted for inclusion in West Virginia Law Review by an authorized editor of The Research Repository @ WVU. For more information, please contact ian.harmon@mail.wvu.edu. WEST VIRGINIA LAW QUARTERLYTHE PRESENT PROGRAM OF THE WEST VIRGINIABAR ASSOCIATIONThe records of the meeting of the West Virginia Bar Associa-tion held in Clarksburg on October 19 and 20, 1933, and set forthin the Year Book, disclose a rather heavy list of matters yet to beaccomplished. The most important accomplishment since the lastpublication of this program - possibly the most important formany years - is the recent passage of the Judicial Council Bill.While this has been achieved in a time of legislative stress and weare duly grateful, it is still realized that this same legislativestress has prevented much other needed reform - some of itpractically unopposed.Again with the hope that the several local bar associationsthroughout the state will make it their business to consider thesubjects in the following list before the next annual meeting ofthe state association, the committee presents the agenda. It ishoped that the Year Book references will simplify the efforts ofthe individual lawyer who wishes to know what the association isdoing but is without time to read the full contents of the yearbook.References, unless otherwise noted, are to the Year Book of1933.I. Matters of General Public Interest(1) ConstitutionalThe report of the Constitutional Commission on reform ofthe judicial system as proposed by the redraft of article eight ofthe Constitution. Now in hands of Committee on Legislation,with new resolutions urging submission to voters by the legislature.Pp. 95, 134, 139, 183-187. For full discussion see Year Book1932, pp. 116-160.(2) Legislative1. Proposed general revision of divorce law. Special com-mittee recommended by Committee on Judicial Administration andLegal Reform. P. 137. Again referred to Committee on JudicialAdministration and Legal Reform, pp. 224, 226. Four specificrecommendations pending (Year Book 1932, p. 55) --a. Provision that parties to divorce a mensa et thoromay remarry each other without permission ofcourt.1Barker et al.: The Present Program of the West Virginia Bar AssociationPublished by The Research Repository @ WVU, 1934BENCH AND BARb. Removal of statute of limitations (three years) onadultery.c. Provision to allow court to revise or modify five-yearrestriction on remarriage in case of adultery.d. Proposal to amend Code 48-2-16 so as to put beyondquestion the right of the party against whom a decreea mensa et tMoro is entered to sue for divorce avinculo for subsequent misconduct of either party.See paper of Mr. James B. Riley, Year Book 1932,pp. 39-55.2. Instructions to juries. Still in hands of Committee onJudicial Administration and Legal Reform. Pp. 135-136, 224, 226.3. The hearing of chancery causes in open court. Submittedwithout recommendation by Committee on Judicial Administrationand Legal Reform, p. 136. Re-committed, pp. 224, 226.4. Declaratory judgments. Recommended by Committee onJudicial Administration and Legal Reform that all action be de-ferred until the more urgent reforms are accomplished. No actionby association.5. Dispensing with bills of exceptions. Reference to incom-ing Judicial Council recommended by Committee on Judicial Ad-ministration and Legal Reform. P. 134.6. Proposed changes in law of death by wrongful act.Special recommendation in report of Special Committee on Pro-gram. P. 224. No reference. See paper of Mr. Russell S. Ritz,Year Book 1931.7. Judicial pensions. Action recommended by Committeeon Legislation, 1931. Retention recommended but without immed-iate action. Pp. 135, 225.8. Costs in circuit and appellate courts. Recommended byCommittee on Judicial Administration and Legal Reform forreference to incoming Judicial Council. Pp. 134-135.9. The correction of the manifest errors, suggested errors,ambiguities or deficiencies listed in the report of the Special Com-mittee on Code Correction. Pp. 121-130. Referred to such com-mittees as the President may deem proper for the proper action.A full discussion of the several sections will be found in the pagesto which reference has been made.10. Proposed revisions of criminal law and procedure.2West Virginia Law Review, Vol. 40, Iss. 4 [1934], Art. 20https://researchrepository.wvu.edu/wvlr/vol40/iss4/20WEST VIRGINIA LAW QUARTERLYa. As recommended by the Committee on Criminal Law,1931, in its report concerning the American Law In-stitute Code.b. In regard to strengthening prosecution and enlargingthe power of the court over instructions to juries(Paper of Mr. Harry H. Byrer, Year Book 1930) andparticularlyc. In regard to the abolition of minimum sentences.This last recommitted to Committee on Criminal Law,pp. 196, 198.d. In regard to the revision of Code 61-2-14 in relationto kidnapping. Pp. 195-196. This has probablybeen accomplished by the passage of a new bill in re-lation to this subject.11. The study, for the purpose of comparison, recommenda-tion or disapproval, of the Bank Collection Code (31-4A) and theUniform Bank Collection Act of the National Conference of Com-missioners on Uniform State Laws. Still in hands of Committeeon Uniform State Laws. Not reported in 1933 because final draftof uniform law not available. P. 131.12. Proposed legislative changes in regard to attorneys andadmission to bar.a. Registration of attorneys. P. 139.b. Limitation of number of bar examinations to be takenby applicant. P. 119.c. Limitation of the "diploma privilege" in practice.Pp. 119, 139.a and c in hands of Committee on Legislation. b recom-mended.(3) Judicial(1) Uniform rules of practice in circuit courts. Final codeadopted. Pp. 28-35. Still in hands of Special Committee on Uni-form Rules of Practice to urge adoption throughout the state.Recommended, by Committee on Judicial Administration andLegal Reform, for consideration by incoming Judicial Council.Pp. 134-135.(2) Proposed changes of procedure in Supreme Court ofAppeals.3Barker et al.: The Present Program of the West Virginia Bar AssociationPublished by The Research Repository @ WVU, 1934BENCH AND BARa. Pointing out errors.b. Cross-assignment of errors.See Year Book, 1931, pp. 100-103. Suggested, by Committeeon Judicial Administration and Legal Reform, as proper for con-sideration of Judicial Council. Pp. 134-135.II. Association Matters of GeneraZ Interest1. Bar integration. No one should omit study of the reportand suggested bill in Year Book 1932, pp. 116-160. Recommendedfor further study, pp. 135, 225.2. The matter of salaries of the faculty of the College ofLaw. In hands of Executive Council, with reaffirmance of positionof 1932. P. 94. See Year Book 1932, pp. 29, 31-37. For the mat-ter of increased appropriation for the library of the College ofLaw, see Year Book 1932, pp. 90-91.3. The proposed rule of the code of ethics requiring an at-torney to keep his clients' money in a bank account separate fromhis own. Referred, in 1931, to Committee on Judicial Adminis-tration and Legal Reform.4. Cooperation with American Law Institute by annotationof its restatements.a. Conflict of Laws. Last report, p. 115.b. Contracts. Last report, pp. 112-114.c. Agency. New. Pp. 80-81, 88, 93-94.Each of these is in the hands of a special committee with thecooperation of a member of the faculty of the College of Law.5. Co-ordination of the work of bar associations, local, stateand national. In hands of special committee. Pp. 91-92, 97-100.As to suggested efforts of Association -to encourage formation ofdistrict associations in districts composed of small counties, seepp. 23-24.6. Cooperation with the Institute of Legal History of WestVirginia University and aid to the staff agents of the Institute inthe collection and preservation of the materials of legal historyof this State. In hands of special committee. Pp. 95-6.7. Co-operation with State authorities in seeking the remedyfor the tax situation. Special committee created. P. 228. Seealso pp. 100-101.4West Virginia Law Review, Vol. 40, Iss. 4 [1934], Art. 20https://researchrepository.wvu.edu/wvlr/vol40/iss4/20WEST VIRGINIA LAW QUARTERLY 409III. Matters Concerning the Association Only1. The matter of publication of special association articlesin the West Virginia Law Quarterly. See Year Book 1932, pp.58-59. Partially complied with by these program publications.2. The semi-centennial meeting to be held in Wheeling in1936. Plans in hands of Executive Council.Respectfully submitted,CHAnLxs G. BAKERJ. H. BRENNANJos. R. Cuu,Tom B. FouLx5Barker et al.: The Present Program of the West Virginia Bar AssociationPublished by The Research Repository @ WVU, 19346West Virginia Law Review, Vol. 40, Iss. 4 [1934], Art. 20https://researchrepository.wvu.edu/wvlr/vol40/iss4/20

The Present Program of the West Virginia Bar Association

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The Present Program of the West Virginia Bar Association

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