RE: APPROVAL OF AMENDMENTS TO RULES 17(a) AND 32(a) OF THE RULES OF PROCEDURE FOR CHILD ABUSE AND NEGLECT PROCEEDINGS: By order entered September 14, 2016, amendments to Rule 17(a) and 32(a) of the Rules of Procedure for Child Abuse and Neglect Proceedings were approved and adopted. Rule 17(a) was amended to encourage the use of co-petitions and Rule 32(a) was amended to be consistent with the time period in W.Va. Code § 49-4-610(8)(B). The proposed amendments were published for comment and the comment period closed August 15, 2016. No comments were received.

IN RE: WEST VIRGINIA TRIAL COURT RULES: By order entered on September 13, 2016, the Court approves amendments to Rule 17 of the West Virginia Trial Court Rules. The amendments are necessary to properly cite to Canon 2, Rule 2.11 of the Code of Judicial Conduct, as amended by order November 12, 2015, effective December 1, 2015.

RE: REQUEST FOR PUBLIC COMMENT ON AMENDMENT TO RULE 39(c) OF THE RULES OF JUVENILE PROCEDURE: By order entered on June 14, 2016, the court has approved, subject to sixty day comment period, a change in the last sentence of Rule 39(c) of the Rules of Juvenile Procedure in order to make the rule consistent with W.Va. Code § 49-4-714(b)(5)(C). W.Va. code § 49-4-714(b)(5)(C) provides: "Commitments may not exceed the maximum term for which an adult could have been sentenced for the same offense and any such maximum allowable term of confinement to be served in a juvenile correctional facility shall take into account any time served by the juvenile in a detention center pending adjudication, disposition, or transfer."

RE: REQUEST FOR PUBLIC COMMENT ON AMENDMENTS TO RULES 17(a) AND 32(a) OF THE RULES OF PROCEDURE FOR CHILD ABUSE AND NEGLECT PROCEEDINGS: By order entered June 14, 2016, The Court has approved, subject to a sixty day comment period, changes to Rules 17(a) and 32(a) of the Rules of Procedure for Child Abuse and Neglect Proceedings. The Court Improvement Program requests that the word "mutual" be removed from the second sentence of Rule 17(a) to encourage the use of co-petitions. The Court Improvement Program also requests that the Court consider a proposed amendment to Rule 32(a) of the Rules of Procedure for Child Abuse and Neglect Proceedings to make the rule consistent with the time period set forth in W.Va. Code § 49-4-610(8)(B). W.Va. Code § 49-4-610(8)(B) states: "Any hearing to be held at the end of an improvement period shall be held as nearly as practicable on successive days and shall be held as close in time as possible after the end of the improvement period and shall be held no later than thirty days of the termination of the improvement period."

REQUEST FOR PUBLIC COMMENT - RE: Amendments to The Rules for Admission to the Practice of Law: By order entered on June 7, 2016, The Supreme Court of Appeals of West Virginia has adopted the Uniform Bar Examination (UBE) with an effective date in July 2017. Subject to the attached amendments to the Rules for Admission to the Practice of Law, which are released for public comment, the Supreme Court adopted the recommendation of the West Virginia Board of Law Examiners that West Virginia adopt the uniform exam.

REQUEST FOR PUBLIC COMMENT - RE: Amendments to Rule 6 of the Rules of Practice and Procedure for Domestic Violence Civil Proceedings: By order entered on June 2, 2016, the Court requested public comment on proposed revisions to Rule 6. Confidentiality of court records, of the Rules of Practice and Procedure for Domestic Violence Civil Proceedings. Comments must be filed in writing on or before Tuesday, July 5, 2016 with the Clerk of this Court.

ORDER OF CORRECTION - RE: Approval of Amendment to Rule 2(h) of the Rules of Procedure for Administrative Appeals: By order entered on March 3, 2016, the Court issued an Order of Correction of the Order of Approval of Amendment to Rule 2(h) of the Rules of Procedure for Administrative Appeals. Rule 2(h) was amended in light of the Court's decision in RMLL Enterprises, Inc. v. Matcovich, State Tax Comm'r, No. 13-1275 (W.Va. Supreme Court, October 17, 2014)(memorandum decision) in order to clarify Rule 2.

APPROVAL OF AMENDMENTS TO THE WEST VIRGINIA RULES OF JUVENILE PROCEDURE: By order entered November 25, 2015, the Court approved amendments to the West Virginia Rules of Juvenile Procedure. The amendments are effective January 1, 2016. Notice of Correction to Rule 21 of the West Virginia Rules of Juvenile Procedure.

APPROVAL OF AMENDMENTS TO THE WEST VIRGINIA RULES OF APPELLATE PROCEDURE: By order entered November 24, 2015, the Court approved amendments to Rules 3(d)(2), 4(b), 10(c)(10)(a) and (b), 10(g), and 11(i), to the West Virginia Rules of Appellate Procedure and approved changes to the certification in Appendix A of the Notice of Appeal. Rule 3(d)(2) and Rule 10(c)(10)(a) and (b) provide guidance to counsel in criminal cases, habeas corpus cases, or abuse and neglect cases, when counsel lacks a good faith belief that an appeal is warranted, and the client insists that an appeal be advanced. Rule 3(d)(2) sets forth that counsel will not be permitted to withdraw solely on the basis that counsel lacks a good faith belief that an appeal is reasonable and warranted under the circumstances. The amendment to Rule 4(b) prohibits pro se filings whenever a party is represented by counsel in an action regardless of whether counsel has made a filing or an appearance before this Court in that action, unless specifically permitted by order. Rule 10(c)(10) sets forth the requirements that must be observed when counsel in a criminal case, habeas corpus case, or abuse and neglect case lacks a good faith belief that an appeal is reasonable and warranted. Rule 10(c)(10)(a) states that counsel must engage in a candid discussion with the client regarding the merits of the appeal. If, after consultation with the client, the client insists on proceeding with the appeal, counsel must file a notice of appeal and perfect the appeal on the petitioner’s behalf. Rule 10(c)(10)(b) provides that in extraordinary circumstances, if counsel is ethically compelled to disassociate from the contentions presented in the brief, counsel must preface the brief with a statement that the brief is filed pursuant to this Rule. If counsel is ethically compelled to disassociate from any assignments of error that the client wishes to raise on appeal, counsel must file a motion requesting leave for the client to file a pro se supplemental brief raising those assignments of error that the client wishes to raise but that counsel does not have a good faith belief are reasonable and warranted. The amendment to Rule 10(g) applies to all cases and states that unless otherwise provided by order, in cases where more than one respondent’s brief is filed, the petitioner is limited to filing only a single reply brief that consolidates the reply to each of the responses. In cases where more than one response brief is filed, the page limitation for the reply brief under Rule 38 is automatically extended to thirty pages, without need for further order. Also, the statement in lieu of transcript requirement for abuse and neglect cases in Rule 11(i) was deleted. The certification required in Appendix A of the Notice of Appeal was updated in light of the changes to Rules 3 and 10 which clarify the application of good faith belief in the merits of the appeal. The amendments are effective January 1, 2016.

APPROVAL OF AMENDMENTS TO THE WEST VIRGINIA CODE OF JUDICIAL CONDUCT: By order entered November 12, 2015, the Court approved amendments to the West Virginia Code of Judicial Conduct. The amendments are effective December 1, 2015.