HOUSE CONCURRENT RESOLUTION 87

(By Delegates Fast, Kump, Garcia)

[Originating in the Committee on the Judiciary; Reported on March 11, 2023 ]

Requesting the Supreme Court of Appeals study the grant of continuing legal education credit to members of the West Virginia State Bar who serve in the legislature and who serve that body as per diem attorneys.

Whereas, West Virginia requires continuing legal education be undertaken to insure its licensed attorneys maintain a high standard of practical knowledge; and

Whereas, members of the Legislature and its per diem attorneys obtain a unique insight into the development of law in the state; and

Whereas, this enables them to be unusually well informed, not only of the evolving law of the state, but also as to the policy behind that law and its possible impact on the citizenry of West Virginia; and

Whereas, this insight is distinct from, often in radical manner, from the issues encountered in their usual practice; and

Whereas, these members and per diem counsel are forced to immerse themselves in areas of law which are often foreign to them in such practice and to master these new concepts; and

Whereas, many other jurisdictions allow legislators and per diem counsel to obtain continuing legal education credit for such service; therefore be it

Resolved by the Legislature of West Virginia:

That the Supreme Court of Appeals review how other jurisdictions address this issue; and be it

Further Resolved,

That the West Virginia Supreme Court of Appeals be urged to adopt a rule providing that actual attendance and service in the legislature, or as per diem counsel for it, or either of its component houses, shall be deemed worthy of some amount of continuing legal education credit; and be it

Further Resolved,

That the West Virginia Supreme Court of Appeals is urged to develop a study and proposals for rulemaking action upon reviewing the state of similar regulation in other jurisdictions; and be it

Further Resolved,

That a final report of such study and any rule proposed be presented to the Joint Committee on the Judiciary of the West Virginia Legislature on or before January 1, 2024 and be it

Further Resolved,

That such rule be effective for the reporting period commencing July 1, 2023.