Supreme Court Chief Justice Brent Benjamin awarded $100,000 in IOLTA (Interest on Lawyer Trust Accounts) funds during a press conference in the Supreme Court Chamber on July 2.

The IOLTA program is a cooperative effort of the Supreme Court of Appeals of West Virginia, the West Virginia Bar Foundation, the West Virginia Bankers Association, and the West Virginia State Bar. The program, initiated in 1990 by the Bar Foundation, has generated over $13 million in its nineteen years of operation.

The IOLTA program allows attorneys to place short-term client trust funds in interest-bearing NOW accounts. Eighty percent of the interest earned on the accounts is distributed to the state's legal services programs, which provide free civil legal services to low-income citizens. Additionally, as approved by the Supreme Court, fifteen percent of the funds are distributed to special projects, including the Court Appointed Special Advocate (CASA) program in West Virginia. The funds also pay for legal interns from the West Virginia University College of Law to work in Legal Services offices, a special Elder Law Project, and provide legal services for abused and neglected children.

"The people who are benefitting from this are our friends, our acquaintances," Chief Justice Benjamin said. "They are people trying to make their money last until the end of the month.

"The Court commends the lawyers and financial institutions that have participated in this effort. Many men, women, and children who would otherwise go unserved have been assisted with their civil legal cases," said Chief Justice Benjamin.

He gave a special thanks to attorneys who do pro bono work. "Each and every day you give of your experience and expertise to help your fellow citizens. You are thanked too infrequently. I want you to know the judges of the state appreciate you."

Chief Justice Benjamin said the IOLTA program is one example of the way the legal system can expand access to justice. The Supreme Court in December announced that it would work with the West Virginia State Bar, Legal Aid of West Virginia, and West Virginia's voluntary bar associations and groups on a formal Access to Justice program. The program will seek to identify areas of the West Virginia judicial system which can be improved for the benefit of West Virginia citizens and for the members of the Bar.

The Access to Justice Program is one of Chief Justice Benjamin's main areas of focus during his year as Chief Justice in 2009. He plans to appoint a nine-member commission that will identify barriers to justice that exist for people who want to use the civil court system and plan ways to eliminate those barriers so citizens have easier access to the courts.

Charleston attorney John Tinney, President of the West Virginia Bar Foundation, said that without the interest and support of the Supreme Court, the IOLTA program never would have been founded nineteen years ago.

"One of the Bar Foundation's most important responsibilities is to administer the IOLTA program. The major goal for the IOLTA program is to provide free civil legal services for our low-income citizens, and I commend the banks of West Virginia for their involvement in this fine program," he said.

Clarksburg attorney Gary W. Nickerson, vice-president of the West Virginia State Bar, said that many members of the Bar become attorneys so they can help other people make positive changes in their own lives. "IOLTA has been a wonderful vehicle for doing good for our citizens," he said.

Representing the West Virginia Bankers Association, the group's Chief Executive Officer, Joe Ellison, said, "We are very proud of the overwhelming support that has been shown and the money that it has resulted in. It is a tribute to our law offices and to our financial institutions that have embraced this program so effectively."

Most of the eighty-four banks in West Virginia are members of the association, Ellison said.

The following grants were awarded: Legal Aid of West Virginia, $63,750; and Mountain State Justice, $21,250.

Jim Martin, Legal Director of Legal Aid of West Virginia, said the grant will help the organization handle up to eight hundred cases.

The following special grants were awarded: Court Appointed Special Advocates (CASA), $6,525; Senior Legal Aid Program, $3,619; West Virginia Fund for Law in the Public Interest, $2,895; Appalachian Center for Law, $1,158; and ChildLaw Services, $803.

CASA Executive Director Michele Bush said her organization, which provides advocates for abused and neglected children who are involved in court cases, will split the money. About 25 percent will remain in the central office and the rest will be distributed throughout local offices throughout the year as needed.

For more information about the IOLTA program, contact Tom Tinder, Executive Director of the West Virginia Bar Foundation, (304) 343-9823, tom@wvbarfoundation.org.

The following is the text of Chief Justice Benjamin's prepared remarks:

"Good morning. I want to welcome you to the Supreme Court of Appeals of West Virginia and our historic courtroom.

"It is a distinct pleasure to again recognize the continuing success of the IOLTA program, and I'm particularly happy for myself and on behalf of my colleagues to have the opportunity to join with you in today's activities.

"The justices of the Supreme Court share a common concern with the members of the West Virginia Bar about meeting the legal needs of our citizens - particularly those who are feeling the brunt of these harsh economic times. In the last five years this Court has developed and advances a number of initiatives to help meet such needs, especially with respect to children and victims of domestic violence. As Chief Justice I had endeavored to expand the focus and the dedication of the judiciary on helping to resolve or minimize these problems.

"It is with this background that I am proud to convey on behalf of my Court and the judges of West Virginia how deeply we appreciate the positive impact that the IOLTA program has had in helping West Virginians with their legal needs. This program represents a wonderful example of innovation, solving problems, and providing real, tangible services to West Virginians in need.

"By way of background, the Supreme Court first considered this concept some twenty years ago. The concept was studied intently to make certain that it could and would meet its objective in the most effective and efficient manner possible.

"The Court wanted to be certain that the two major players who are needed to get an IOLTA program into operation - the bankers and the lawyers - would be supportive of the concept. We insisted on an extensive education program prior to beginning the IOLTA project. and we enlisted the input of Supreme Courts from other states as well as from the American Bar Association. By 1990 we were confident that the IOLTA program would truly be a benefit to West Virginia and our people.

"We started the program on July 1, 1990, - nineteen years ago - on a voluntary basis for lawyers in the state. The positive response was so overwhelming that the Supreme Court decided to expand the program to include all members of the West Virginia Sate Bar on September 15, 1991. The progress which has been attained in these nineteen years is extremely gratifying. Over $13 million generated since July 1990. That's an accomplishment about which all involved should feel proud.

"More recently - just one hundred days ago - our Supreme Court took another step in the evolution of the IOLTA program which I believe will likewise show great success in the future. The Court approved an amendment to the IOLTA program which will enable our banks to provide interest rates on IOLTA accounts that are comparable to other interest-bearing checking accounts. Although this change may not have a major impact on increasing IOLTA funding during the current difficult economy, it could give significant positive momentum when the interest rates again move back up.

"On behalf of my colleagues, I want to commend the lawyers and the financial institutions in West Virginia for their efforts - efforts which have generated such outstanding results. We can be pleased that we are working together to assist our fellow West Virginians who are in need of help to meet their civil justice needs. And let me put a face on who is benefitted: neighbors, acquaintances, people on fixed incomes, the elderly, single parents, young families trying to make ends meet.

"To the Legal Services programs and those who provide pro bono services to the needy, I also want to commend you. Each and every day, you give of your experience and expertise to help your fellow citizens. It is noble work that you do and you are thanked far too infrequently for it. Please know that the judges of this state deeply appreciate what you do and that the Supreme Court will continue to be supportive of your untiring activities.

"The Supreme Court is also very pleased that we have been able to assist with the special funding for the clerkships at the West Virginia University College of Law, with the Court-Appointed Special Advocate (CASA) Programs that have been started in various parts of the state, with the Senior Citizen Program, and with services to assist our abused and neglected children. These special funds help these important programs.

"We look forward to the continued success of the IOLTA program and the truly impressive contribution which the program has made to serving the people of West Virginia. This announcement today regarding the IOLTA program is just one shining example of the progress which the members of the legal and judicial communities have been making to give more West Virginians better access to our civil justice system.

"As many of you know, I have made the establishment of an Access to Justice Commission a primary objective of 2009. The Commission will help to coordinate and lead our efforts in this important area. The Commission will be the focal point for the actions and improvements that must be made so that our civil justice system remains open, available and equal for every one of our citizens. As Thomas Jefferson said, in a quotation on the frieze here in our Supreme Court Chamber, 'The true foundation of republican government is the equal right of every citizen in his person and property and in their management.'

"As Chief Justice of the Supreme Court of Appeals of West Virginia, it has been my distinct and personal honor to participate today in this event - an event which will lead to more improvements in our administration of justice.

"Thank-You."