The West Virginia State Bar
2006 Kanawha Boulevard, East
Charleston, WV 35311-2204
304/558-2456 - Telephone 304/558-2457 - fax
Internet Home Page - www.wvbar.org

May 4, 1999

The Honorable Cecil Underwood
Governor's Office State Capitol
Charleston, WV 25305

Dear Governor Underwood.

On behalf of the West Virginia State Bar, I wish to bring to your attention certain concerns about the Family law legislation to be addressed during the upcoming May 18, 1999 special session of the West Virginia State Legislature

The State Bar which consists of all 4,000 active practicing lawyers in West Virginia, feels very strongly that the family law system definitely affects the administration of justice and the provision of legal services for our low income citizens. Our organization's Board of Governors, after reviewing the matter and participating in a round table discussion at the Annual Meeting this past weekend, believes that the following matters must be addressed in any family law legislation.

1. The impact of any significant change in the primary care taker standard.

2. The effect from financial and caseload viewpoints on the assignment of domestic violence cases.

3. The necessary funding to meet any new or different requirements for the family law system.

4. How children will be affected by any modification of child support guidelines.

5. Mediation should be included in appropriate family law cases with requirements and guidelines being set by the WV Supreme Court of Appeals,

The Honorable Cecil Underwood
Page Two
May 4, 1999

6. The increased costs of litigation to the citizens of West Virginia, and

7. The rationale for the ability to re-open cases that have already been resolved.

There are numerous other matters raised which generated substantial discussion and concern about the practical difficulties of implementing and administering the most recent proposals.

The State Bar, through its Family Law Committee and Alternate Dispute Resolution Committee, is willing to provide assistance to the Executive, Legislative and Judicial bodies in determining what actions should be undertaken in this regard.

Thank you for your cooperation and consideration. If you have any questions, please do not hesitate to contact our Executive Director, at 558-7993 or me at 292-1999.

Yours truly.
Darrell "Dan" Ringer President