Establishing parentage is complicated. Following a bumpy launch week that saw frequent server trouble and bloated player queues, Blizzard has announced that over 25 million Overwatch 2 players have logged on in its first 10 days. W. Va. Code 49-4-718(d). WebWith this device, he can record every word and describe every gesture during court or board proceedings, as rapidly as 420 words a minute. She has also appeared on CNN, Tonight with Don Lemon, July 27, 2015; The Shocking Story of a Woman Who Fought Back Against Suspected Serial Killer And Lived To Tell About It.. In August 2018, Judge Salango received the Lawyers and Leaders Award from West Virginia University College of Law and West Virginia Executive Magazine recognizing her distinguished legal career. Judge Akers practiced law in Kanawha County for over twenty years, most of that time in the Kanawha County Prosecuting Attorneys Office where she served as Chief of Staff, Special Assistant United States Attorney and a Senior Assistant Prosecutor. W. Va. Code 49-2-702(e). Must devote full time to the Intermediate Court of Appeals and must resign if they become a candidate or pre-candidate for any other office. She has, since that time, worked in private practice and served in public office in numerous and varied capacities. Version 1.3.1.0. He took four years off from the practice of law to recover from injuries sustained in a serious car accident. Judge Facemire served as a law clerk for the U.S. District Court from the fall of 1982 through 1985. He is a member of the Board of Directors of the City of Huntington Foundation; a member of the B.P.O Elks Lodge No. Use this fillable form for the longer answers required in certain sections of the Notice of Appeal. He is a member of the Scott Teays Lions Club and was a Charter Member of the Putnam County Kiwanis Club. This committee is charged by executive order (EO No. WebNote: this universal citation is not necessarily the official citation, the latter which should be used when citing to primary and secondary legal materials in court filings, scholarly publications, etc. If the juvenile's parent, guardian, or custodians do not consent to the diversion agreement, a petition may be filed initiating formal proceedings. 2022 West Virginia Court System - Supreme Court of Appeals. Guardian Ad Litem Proceedings Forms - not for use in child abuse & neglect or juvenile justice cases. He has a bachelors degree (1990) in Mining Engineering Technology from Fairmont State University and worked as a project engineer/Certified Mine Foremans Assistant before earning a law degree from West Virginia University College of Law in 1995. When a juvenile petition is filed, the circuit court should appoint counsel when required by Rule 5 of the Rules of Juvenile Procedure and W.Va. Code 49-4-701(h). From 1999 through 2016 he was as an Assistant Attorney General with the West Virginia Attorney Generals Office, where he served as state-wide legal counsel for the Adult Protective Services Division of the Department of Health and Human Resources, and regional legal counsel for the Bureau for Children and Families in fifteen counties including the Eastern Panhandle. In addition, the court must determine whether the DHHR made reasonable efforts to prevent the out-of-home placement or that exigent circumstances made such efforts unreasonable or impossible. If a juvenile is not detained, the preliminary hearing must be conducted within 20 days after the juvenile is served with the petition. He has been appointed several times to sit on the Supreme Court when a Justice has been recused from a case. Judge Tabit also worked as an Adjunct Lecturer teaching Summer Appellate Advocacy for the West Virginia University College of Law. He has a 1973 bachelors degree from West Virginia University and earned a law degree from Vanderbilt University in 1977. When the court is so notified, it shall shedule a hearing that will be conducted before the juvenile's 18 birthday. From 1999 to his election he was an Assistant Raleigh County Prosecutor. The county seat is Morgantown. He graduated from Xavier University in 1971 and West Virginia University College of Law in 1978. Following her clerkship, she served as an Assistant and then as Deputy Attorney General of the Appellate Division in the Office of the Attorney General from 1989 to 1992 under the administrations of Attorneys General Roger Tompkins and Mario Palumbo. She also has been an active volunteer with scouting organizations. The court must appoint counsel for the juvenile before a procedure to remove a petition is initiated. Rule 41(b), RJP. Judge Sadler has attended courses at the National College of Advocacy in Columbia, South Carolina, and at the National Judicial College in Reno, Nevada. Judge Faircloth is a past president of the Berkeley County Bar Association (1990-91) and a former member of the Board of Governors for the Young Lawyers Section of the West Virginia Bar Association (1988-91). Rule 15(c), RJP. Can a Restraining Order to Prevent Elder or Dependent Adult Abuse Help Me? The prosecutor is required to disclose any evidence at least seven days before the transfer hearing, and the juvenile's counsel is required to disclose evidence at least four days before the transfer hearing. If out-of-home custody is ordered, the court must make case-specific findings that continuation in the home is contrary to the welfare of the juvenile and must find whether the DHHR made reasonable efforts to prevent removal or that there was an emergency situation that made any such efforts unreasonable or impossible. Rule 51, RJP. The juvenile is alleged to be a juvenile delinquent with a record of willful failure to appear at juvenile proceedings. He is a member of the West Virginia Judicial Association. WebCarl was appointed by the Supreme Court of Appeals as Judge in the Business Court Division in 2015. The West Virginia Judicial System is an Equal Opportunity Employer committed to providing equal access and unbiased, non-discriminatory treatment to all. Attn: SCU, Mod. Other BJS-operated facilities provide treatment, rehabilitation, and education in a range of minimum to maximum-security settings. Judge Williams was a member of the Court Improvement Program Oversight Board for the West Virginia Supreme Court of Appeals from 2009 through 2012. He was an instructor at Beckley Colleges Paralegal Department from 1988-1991, a member of the Board of Trustees of Beckley College from 1988 to 1990, and Chairman of the Board of Trustees of Beckley College and the College of West Virginia from 1990 to 1995. At the time of his election, Judge Wills had been practicing law at Wills Law Office in Princeton, a solo general practice, for eighteen years. To ensure compliance with the federal requirements, the West Virginia Supreme Court adopted Rule 52 of the Rules of Juvenile Procedure, and it includes more stringent requirements than the federal requirements set forth in the statute. Print and attach the extra sheets to the Notice of Appeal when filing. He was chairman of the West Virginia Regional Jail and Correctional Facilities Authority from 1989 until 1996. If so, the court must make the appropriate removal-from-home findings. Otherwise, the hearing must be conducted within 10 judicial days. Otherwise, the court must conduct the dispositional hearing within 60 days. Judge Moats is the Chairman of the Mass Litigation Panel, Chairman of the Judicial Investigation Commission, a past president of the West Virginia Judicial Association, an advisory member of the West Virginia Courthouse Facilities Improvement Authority, and a former state delegate to the National Conference of State Trial Judges. Rules 8(g) and 44, RJP. Any compelling reason must be documented in the juvenile's case plan. She has also served on the board of the West Virginia Prosecuting Attorneys Association, the West Virginians Against Violence Committee and the West Virginia Center for Childrens Justice. He also presides over the Putnam County Juvenile Drug Court, the first drug court in Putnam County, and Truancy Triage, a county truancy diversion program. If the juvenile is noncompliant or unsuccessful with the diversion agreement, the matter is referred to a local prepetition review team. W. Va. Code 49-4-702a(a). WebMagistrate Courts. Please do not bring children to the courtroom. He has a 1995 bachelors degree in chemical engineering from West Virginia University and a 1998 law degree from West Virginia University College of Law. The BJS also operates several treatment and rehabilitation facilities for juveniles who are adjudicated as delinquent offenders. Administrative Appeals Docketing Statement, Workers' Compensation Docketing Statement An adult could be arrested under identical circumstances; There are emergency circumstances that are dangerous to the health, safety, and welfare of the juvenile; The officer has reason to believe that the juvenile has left the care of a parent, guardian, or custodian and the juvenile's health, safety, and welfare are endangered; The juvenile is a fugitive from a lawful custody or commitment order issued by juvenile court of any jurisdiction; There are reasonable grounds to conclude that the juvenile is driving a motor vehicle and has any amount of alcohol in his or her blood; or. He began the practice of law in 1987 when he joined his grandfather, Wm. WebCarl was appointed by the Supreme Court of Appeals as Judge in the Business Court Division in 2015. 3 min read. He has served as a judge for the WVU College of Law Moot Court Board. Rule 34(b), RJP. He also served as the Randolph County fiduciary commissioner for ten years (2004-2015) and as the mental hygiene commissioner for Randolph County from 1996 to 2015 and Tucker County from 2010 to 2015. He began the practice of law as an assistant attorney general. He has been active in the Robes to Schools civic education program and is a member of the West Virginia Judicial Association. Regardless of whether other reports are ordered, prior to disposition the judge must receive and consider the results of a risk and needs assessment designed to identify factors that predict a juvenile's likelihood of reoffending and, when appropriately addressed, may reduce reoffending. Judge Nines has a 1998 bachelors degree and a 2000 masters degree in Petroleum and Natural Gas Engineering from West Virginia University and a 2003 law degree from the University of Akron Law School. She is also a member of Martinsburgs Rotary Club and a supporter of Childrens Miracle Network. He continues to serve as an active member of the South Berkeley Volunteer Fire Department. W. Va. Code 49-4-708(a)(4); Rule 27, RJP. Community Health Worker (CHW) is an umbrella term that encompasses several categories of frontline public health workers including Community Navigator, Promotora, Health Coach, Community Health Advisor, Community Health Aid, or Outreach Workerwho are often also trusted members of the community they serve. The juvenile is a fugitive from a lawful custody or commitment order. Rule 45(d), RJP. She began her legal career in 1986 as a personal law clerk to former Supreme Court Justice Thomas E. McHugh. When you pick up your forms, check to see if the judge made all the orders you asked for. The juveniles counsel has the right to cross-examine any state witness and introduce any testimony or evidence on behalf of the juvenile. If a juvenile is in detention, the adjudicatory hearing must begin within 30 days of detention. He is former president of the Point Pleasant Rotary and has coached numerous youth sports teams. As an attorney in private practice, Judge Tucker represented clients in cases involving personal injury, family law, real estate, probate, bankruptcy, corporate and business law, workers compensation, and criminal defense. WebJuvenile Court Forms . W. Va. Code 49-4-409(a); Rule 45, RJP. He graduated from Concord College magna cum laude in 1975 with a double major in history and political science. If the court orders the commitment of the juvenile, the court is required to make findings, in addition to the specific findings that support the commitment, that continuation in the home is contrary to the best interests of the juvenile (and why); and whether the DHHR made reasonable efforts to prevent out-of-home placement, or that exigent circumstances made such efforts unreasonable or impossible. He deployed to the Middle East, Bosnia and Afghanistan. the settings to take effect), Alternative Dispute Resolution (ADR) Program, Parent Of Indian Child Agrees To End Parental Rights, Request to: Enforce, Change, End Contact After Adoption Agreement, Answer to Request to: Enforce, Change, End Contact After Adoption Agreement, Judges Order to: Enforce, Change, End Contact After Adoption Agreement, Request for Assignment of Discovery Facilitator, Notice of Assignment of Second Discovery Facilitator after First Rejection, Notice of Termination of Appointment of Discovery Facilitator, Recommendations of Discovery Facilitator and Termination of Appointment of Discovery Facilitator, Rejection of Assigned Discovery Facilitator, Notice to Deponent and Deposition Officer, Information on Appeal Procedures for Unlimited Civil Cases, Notice of Appeal/Cross-Appeal (Unlimited Civil Case), Appellants Notice Designating Record on Appeal (Unlimited Civil Case), Abandonment of Appeal (Unlimited Civil Case), Application for Extension of Time to File Brief (Civil Case), Request for Dismissal of Appeal (Civil Case), Certificate of Interested Entities or Persons, Information Sheet on Waiver of Appellate Court Fees (Supreme Court, Court of Appeal, Appellate Division), Information on Appeal Procedures for Limited Civil Cases, Notice of Appeal/Cross-Appeal (Limited Civil Case), Appellants Notice Designating Record on Appeal (Limited Civil Case), Court Referral to Custody Alternative Facility, Request For Civil Harassment Restraining Orders. 725 Court Street In 2005, she joined the Kanawha County Prosecuting Attorney's office and spent more than a decade handling a wide range of cases including violent felonies, misdemeanors, and juvenile matters. v. Kinder, 173 W.Va. 387, 317 S.E.2d 150 (1984), and Facilities Review Panel v. Coe, 187 W.Va. 541, 420 S.E.2d 532 (1992). A status offender petition for truancy may also be made by a representative of the juvenile's school district. Code 49-1-206; Rule 12(b)(2), RJP. After serving the orders, the server completes and signs the Proof of Service (In Person) form and gives it to you. Stacy L. Nowicki-Eldridge was appointed to the bench in the Twenty-Fifth Judicial Circuit (Boone and Lincoln Counties) by Governor Jim Justice and was sworn into office on December 3, 2021. At any time prior to the adjudicatory hearing, unless a shorter time frame is specified by the court, a juvenile may request a community supervision period. Adobe Reader and not in your browser. Between May 1990 and December 2012 he served as a McDowell County Assistant Public Defender for 18 months, a Special Assistant U.S. Attorney for the Southern District of West Virginia for 17 months, and an Assistant McDowell County Prosecutor for just over 19 years. Judge Hammer is a volunteer youth soccer referee. In 2003, Judge Salango graduated in the top 20 percent of her class from West Virginia University College of Law, where she was a member of the Order of the Barristers and a finalist in the WVU Mock Trial Competition. WebFamily Court Parenting Plan; Motion to Adopt Individual Proposed Parenting Plan; Forms for Family Court Appeals. Collected data will be shared with the Juvenile Justice Reform Oversight Committee, the body statutorily authorized to oversee the implementation of reform measures intended to improve the state's juvenile justice system. If this is the basis for placement, the custody order must require the custodial agency or facility to record, on a daily basis, all attempts to locate a responsible adult. W. Va. Code 49-4-702(d)(1). He and his wife, Peggy, have one daughter. W. Va. Code 49-4-702. Can a Civil Harassment Restraining Order Help Me? He was a judicial law clerk to the Twenty-Fourth Judicial Circuit (Wayne County) Judge Darrell Pratt from 2000 to 2002. A juvenile charged with delinquency may be detained in a secure facility only as permitted under very strict standards that take into account an array of factors, particularly the seriousness of the alleged offense. He won the election for Judge in the Twenty-Eighth Judicial Circuit (Nicholas County) in the May 2016 election. Judge Sims was born in Wheeling in 1961 and graduated from The Linsly School in 1979. Juveniles referred to and found eligible for juvenile drug court participation must successfully complete the program or they will return to circuit court for resumption of formal juvenile proceedings. DHHR may also petition the court to order placement of a status offender in a non-secure or staff-secure facility and to place the juvenile in DHHRs custody. As noted above, a juvenile must have serious emotional or behavioral disorders to be subject to this type of placement. However, the principal of a school to whom the records are transmitted has the duty to disclose the contents of those records to any teacher of the juvenile, regular bus driver of the juvenile, or any other school official that has the need to be aware of the contents of the records. Judge Nelson was born in Keyser and raised in Ridgeley. Judge Ballard is a softball coach of Mountaineer Little League and a Boy Scout Troop committee member. He also was a partner in the law firms of Wills and Sadler; Wills, Kilgore and Sadler; and Bayless and Wills. Pageview-- var data r escapedocument. Download. He has served as Chief Circuit Judge several times and in 2012 took over all truancy cases in Kanawha County involving the parents of elementary school children. 49 Public Law 117-103 117th Congress An Act Making consolidated appropriations for the fiscal year ending September 30, 2022, and for providing emergency assistance for the situation in Ukraine, and for other purposes. In addition to the types of dispositions governed by W.Va. Code 49-4-714, a court is also authorized to impose certain penalties or conditions as part of its disposition. Governor Earl Ray Tomblin appointed him to the Twenty-Third Judicial Circuit (Berkeley, Jefferson, and Morgan Counties) in 2012 and he was elected in 2014 and re-elected in 2016. Secondly, the juvenile must undergo a diagnostic study to determine if the juvenile requires in-patient treatment, the expected duration of any treatment, a suggested treatment plan, the in-state facilities that could provide the treatment, and any out-of-state facility that could provide the treatment if no in-state facility could do so. Upon a written petition and pursuant to a written order, the circuit court may permit disclosure of juvenile records to. It is intended to provide a framework for understanding West Virginia's juvenile justice system. This overview can be used as a training tool for juvenile justice system personnel, law enforcement, students, and the public. It is accurate as of February 2016. It is not intended to explain every nuance of juvenile law and procedure. Monongalia Judge Phillip D. Gaujot Monongalia County Justice Center 75 High Street, Suite 31 Morgantown, WV Juvenile drug courts serve either as alternatives or adjuncts to formal juvenile proceedings. She practiced law in Charleston from 1980 to 1993, completing her practice as a partner with the firm of Hamb, Poffenbarger & Bailey. The purpose for this requirement is to ensure that a juvenile learns basic life skills such as personal hygiene, job-seeking skills, educational or vocational instruction, and how to access community resources. Judge Bailey previously served on the Legislative Committee and now serves on the Education Committee and as Chairwoman of the Drug Court Judge Committee of the West Virginia Judicial Association. At the beginning of an adjudicatory hearing, the court must determine whether the juvenile wants to admit, deny, or stand silent in response to the allegations in the petition. A circuit court before which a civil petition is filed pursuant to W. Va. Code 49-4-601, et seq., may order any other proceeding pending before another circuit court, family court, or magistrate court which arises out of the same facts alleged in the civil petition or involves the question of whether such abuse and neglect occurred He is one of seven Business Court Division judges. The judge may not grant all of your requests on the temporary order, but you will have an opportunity to address your requests at the scheduled hearing. Judge Jason A. Cuomo was born in Steubenville, Ohio, and was raised in Follansbee, West Virginia. Judge H.L. It is best to file and serve witness statements at the same time as you file your Request for Order. He is a former president of the Logan County Bar Association and current member of the West Virginia Judicial Association. At the transfer hearing, the West Virginia Rules of Evidence apply to any evidence relevant to the charged offense. Health & Human Services, Administration for Children and Families, under Court Improvement Program W. Va. Code 49-4-712(b)(1). WebMagistrate Courts. He graduated from West Virginia University in 1982 with a bachelors degree in Business Administration and from West Virginia College of Law in 1992. Rule 42, RJP. He also worked part time as Allegany Countys assistant states attorney in Maryland. If a juvenile does not appear in response to service by mail, the juvenile must be personally served with the petition and summons. Voter Registration Office. Judges Sweeney is president of the Pleasants County Library Board and volunteers with several other community organizations. A written opinion, order, or decision of the Intermediate Court of Appeals "is binding precedent for the decisions of all circuit courts, family courts, magistrate courts, and agencies unless the opinion, order, or decision is overruled or modified by the Supreme Court of Appeals," as stated in Senate Bill 275. A circuit court before which a civil petition is filed pursuant to W. Va. Code 49-4-601, et seq., may order any other proceeding pending before another circuit court, family court, or magistrate court which arises out of the same facts alleged in the civil petition or involves the question of whether such abuse and neglect occurred In cases where the juvenile is committed to DJS custody as a final disposition, the MDT must review plan progress at least quarterly. Judge Moats was born and raised in Grafton. Tuesday, June 21, 2022 state courts and the U.S. Supreme Court. Minor In Possession. If a federal subpoena for juvenile records is issued from a federal court or agency, then the juvenile records shall be disclosed. 2022 West Virginia Court System - Supreme Court of Appeals. In providing services appropriate to the needs of a status offender and family, DHHR must consider the MDT recommendations and must maintain consistency with the provisions of the Juvenile Offender Rehabilitation Act, West Virginia Code, Chapter 49, Article 2. The court consists of three judges who will hear appeals from circuit courts in civil cases and those concerning guardianship or conservatorship, appeals from family courts, state agencies or administrative law judges. (excluding Minor Guardianship) Form. Spanish), Response to Petition to Establish Parental Relationship (Uniform Parentage), Declaration for Default or Uncontested Judgment (Uniform Parentage-Custody and Support), Advisement and Waiver of Rights Re: Establishment of Parental Relationship (Uniform Parentage), Stipulation for Entry of Judgment Re: Establishment of Parental Relationship (Uniform Parentage), Judgment (Uniform Parentage-Custody and Support), Child Custody And Visitation Application Attachment, Request for Child Abduction Prevention Orders, Child Custody Information Sheet-Recommending Counseling, Child Custody Information Sheet-Child Custody Mediation, Retirement Plan Joinder-Information Sheet, Request for Attorneys Fees and Costs Attachment, Responsive Declaration to Request for Order, Declaration of Supervised Visitation Provider, Information Sheet for Proof of Personal Service, Declaration Regarding Address Verification-Postjudgment Request to Modify a Child Custody, Visitation, or Child Support Order, Information Sheet for Proof of Service by Mail, Child Custody and Visitation Order Attachment, Child Abduction Prevention Order Attachment, Additional Provisions-Physical Custody Attachment, Child Support Information and Order Attachment, Non-Guideline Support Findings Attachment, Spousal, Partner, or Family Support Order Attachment, Property Order Attachment to Findings and Order After Hearing, Attorneys Fees and Costs Order Attachment, Pension Benefits-Attachment to Judgment (Attach to form FL-180), Stipulation to Establish or Modify Child Support and Order, Stipulation and Order for Custody and/or Visitation of Children, Pleading on Joinder-Employees Benefit Plan, Request for Joinder of Employee Benefit Plan Order, Notice of Appearance and Response of Employee Benefit Plan, Judgment of Dissolution and Notice of Entry of Judgment, Notice of Revocation of Joint Petition for Summary Dissolution, Request of Minor to Marry or Establish a Domestic Partnership, Order on Request of Minor to Marry or Establish a Domestic Partnership, Application for Order for Publication or Posting, Request to Waive Court Fees (Ward or Conservatee), Information Sheet on Waiver of Court Fees and Costs, Order on Court Fee Waiver (Superior Court), Order on Court Fee Waiver (Superior Court) (Ward or Conservatee), Notice to Court of Improved Financial Situation or Settlement, Notice to Court of Improved Financial Situation or Settlement (Ward or Conservatee, Notice of Hearing-Guardianship or Conservatorship, Proof of Personal Service of Notice of Hearing-Guardianship or Conservatorship, Notice of Filing of Inventory and Appraisal and How to Object to the Inventory or the Appraised Value of Property, Attachment to Notice of Filing of Inventory and Appraisal and How to Object to the Inventory or the Appraised Value of Property, Objections to Inventory and Appraisal of Conservator or Guardian, Application and Order for Deferral of Court Investigation Assessment, Pre-Move Notice of Proposed Change of Personal Residence of Conservatee or Ward, Attachment to Pre-Move Notice of Proposed Change of Personal Residence of Conservatee or Ward, Attachment to Post-Move Notice of Change of Residence of Conservatee or Ward, Petition for Appointment of Temporary Guardian of the Person, Petition For Appointment of Temporary Conservator, Ex Parte Application for Good Cause Exception to Notice of Hearing on Petition for Appointment of Temporary Conservator, Declaration in Support of Ex Parte Application for Good Cause Exception to Notice of Hearing on Petition for Appointment of Temporary Conservator, Order on Ex Parte Application for Good Cause Exception to Notice of Hearing on Petition for Appointment of Temporary Conservator, Letters of Temporary Guardianship or Conservatorship, Children And Family Services Release Of Information Consent Form, Termination of Guardianship Information Form, Professional Fiduciary Attachment to Petition for Appointment of Guardian or Conservator, Guardianship Petition-Child Information Attachment, Consent of Proposed Guardian, Nomination of Guardian, and Consent to Appointment of Guardian and Waiver of Notice, Petition for Appointment of Probate Conservator, Attachment Requesting Special Orders Regarding Dementia, Dementia Attachment to Capacity Declaration-Conservatorship, Attachment to Notice of Conservatees Rights, Duties of Conservator and Acknowledgment of Receipt of Handbook for Conservators, Instructions For LHI Guardianships (Spanish), Checklist and Instructions For Guardian Service, Checklist and Instructions For Guardian Service (Spanish), Juvenile Dependency - Stipulated Request and Order for Submission on Report without Hearing, Juvenile Delinquency - Stipulated Request and Order to Submit Issue on Report Without Hearing, Additional Page [to be attached to any form], Application and Order for Duplicate Original, Notice of Change of Address or Other Contact Information, Request Court Reporting Services by Party with Fee Waiver, Emancipation of Minor Income and Expense Declaration, Declaration of Emancipation of Minor After Hearing, Emancipated Minors Application to California Department of Motor Vehicles, Name Change to Conform to Gender Identity, Attachment to Petition for Change of Name, Supplemental Attachment to Petition for Change of Name (Declaration of Guardian), Decree Changing Name (Change of Name of Minor by Guardian), Confidential Cover Sheet-Name Change Proceeding Under Address Confidentiality Program (Safe at Home), Information Sheet for Name Change Proceedings Under Address Confidentiality Program (Safe at Home), Application to File Documents Under Seal in Name Change Proceeding Under Address Confidentiality Program (Safe at Home), Declaration in Support of Publication to File Documents Under Seal in Name Change Proceeding Under Address Confidentiality Program (Safe at Home), Order on Application to File Documents Under Seal in Name Change Proceeding Under Address Confidentiality Program (Safe at Home), Notice and Acknowledgment of Receipt-Civil, Proof of Service by First-Class Mail-Civil (Proof of Service)/Information Sheet for Proof of Service by First-Class Mail-Civil, Opposition To Remote Proceeding At Evidentiary Hearing Or Trial, Request To Appear Remotely - Juvenile Dependency, Request To Compel Physical Presence - Juvenile Dependency, Plaintiffs Claim and ORDER to Go to Small Claims Court, Information for the Plaintiff (Small Claims), Proof of Mailing (Substituted Service) (Small Claims), How to Serve a Business or Public Entity (Small Claims), Small Claims: Notice of Motion and Declaration to Vacate Dismissal and Enter Judgment, Small Claims: Notice of Motion and Declaration to Correct Creditor Name, Small Claims: Application and Order for Transfer, Small Claims: Application for Order to Serve Sec of State, Small Claims: Instructions for Application for Order to Serve Sec of State, Notice and Stipulation for Temporary Judge, Stipulation to Temporary Judge in Unlawful Detainer Matter, Defendant's Request and Declaration to Vacate Civil Assessment, Formulario de admisin escrita y Solicitud de pagos mensuales, Petition-Order to Reduce or Vacate Civil Assessment, Notice and Waiver of Rights and Request for Remote Video Proceedings, Instruction for Trial by Written Declaration, Plaintiff's Mandatory Cover Sheet and Supplemental Allegations - Unlawful Detainer, Declaration for Default Judgment by Court (Unlawful Detainer-Civ. She lives in Martinsburg with her husband, Gerard Nevin, and their daughter, Maggie Cohee Nevin. Copies of the completed IRS Forms 941 that the employer He and his wife, Debra, have two daughters. The court should consider the juvenile's ability to pay any fine and should not decline to impose probation or other alternative sentence based upon the juvenile's inability to pay a fine; Order restitution to any victim for actual damages caused by the offense. If the judge orders the transfer of the case, the circuit clerk should be directed to send the file to the juvenile's home county. Hearsay evidence may also be admitted if the court concludes that the evidence is reliable and it would be unreasonably burdensome to produce the primary source of the evidence. He was elected in 1982 and re-elected in 1984, 1992, 2000, 2008, and 2016. W. Va. Code 49-4-710(d), (e), (f), and (g). He was President of the Beckley Lions Club in 1988. However, your support person is not allowed to participate during the session. The following persons may move for the modification of a juvenile's disposition: the probation officer, an official from the DHHR, the director of BJS, the prosecutor, the juvenile, or the juvenile's parent or custodian. The judge may also refer a truant juvenile to a truancy diversion specialist if one is employed in the juvenile's school. There are a variety of possibilities for informal resolution before the filing of a formal petition. W. Va. Code 49-4-704(a)(1). In 1991 he formed Stowers & Associates Attorneys at Law and primarily engaged in civil litigation there until 2008. He received his masters degree from Marshall University in 1976, followed by his law degree from West Virginia University College of Law in 1982. Other stipulations include: Pursuant to the language in Senate Bill 275, the Intermediate Court of Appeals will hear the following cases: The bill also states that, "The Supreme Court may, on its own accord, obtain jurisdiction over any civil case appealed to the Intermediate Court of Appeals." For the initial disposition in status offense cases, the judge is required to refer the juvenile to DHHR for an individualized program of rehabilitation based on the findings of the risk and needs assessment. The judge wants more information about your case. Monongalia Judge Phillip D. Gaujot Monongalia County Justice Center 75 High Street, Suite 31 Morgantown, WV At the hearing, the court may transfer the respondent to an adult facility (upon his or her 18 birthday), a facility for youth offenders, and any other disposition that the court finds is appropriate. Judge Salango is a native of Nitro, West Virginia, and has a 1999 bachelors degree in criminal justice from West Virginia State University, where she graduated Magna Cum Laude and was recognized for earning the highest grade-point average in her major. W. Va. Code 49-4-710(i); Rule 20(f), RJP. From 1996 to 1997 he served as an Assistant West Virginia Attorney General and was counsel for all of the states public colleges and universities. Upon graduation, Judge Salango worked for the law firm of Spilman, Thomas & Battle and focused primarily on defense litigation. An extension of time in a residential placement prior to a juvenile's transition to the community may be ordered by the court if the court finds by clear and convincing evidence that an extension beyond the initial 90 day placement is in the child's best interest. He was a partner in Shew & Tatterson, L.C. The DHHR has adopted a Youth Services Policy that is found in Chapter 12 of the Social Services Manual. She earned her law degree from West Virginia University College of law in 2003. West Virginia Supreme Court of Appeals Administrative Order, effective July 1, 1997, directs the Division of Justice and Community Services (DJCS) to monitor compliance with state standards for juvenile detention facilities. Family Court Forms. Court Forms . Phone:510-690-2700. He has held positions in many state-wide and national associations, including serving as president of the National District Attorneys Association and vice-chairman of the American Bar Association Criminal Justice Section Council. How Can I Respond to a Request for Elder or Dependent Adult Abuse Restraining Orders? If you miss your hearing, you will have to re-start the process from the beginning.Arrive at the courthouse 30 minutes before your scheduled hearing. Fill out these forms to ask for a restraining order. Either at disposition or any time thereafter, the court may order that the case be transferred to the county where the juvenile resides. The circuit court for each judicial circuit designates one person, typically a probation officer, to supervise the disclosure of juvenile records to West Virginia school officials. The judge must conduct a judicial review of the case as often as the court deems necessary, attended by the MDT. The clerk will instruct you when to come back to find out if the judge has signed the Order to Show Cause and Temporary Restraining Order. Adobe Reader - external link to open. On Feb. 22, 2018, Governor Jim Justice appointed him to the bench in the Twenty-Third Judicial Circuit (Berkeley, Jefferson and Morgan Counties) and he was elected to the seat in May 2018. To do this: Printing Tips: Before printing these documents be sure not to select Charleston, WV 25301. She spent a summer studying environmental engineering abroad at the University of Newcastle Upon Tyne in England. She also was instrumental in the formation of the Monongalia County Bar Associations Committee for Civility and Professionalism, which is dedicated to promoting reforms in attorney conduct both among members of the Bar and between attorneys and the public. WebThe Intermediate Court of Appeasl of West Virginia's was signed in to law in 2021 and began July 1, 2022. For in-person requests, visit the Clerks Office at 419 Pierce, Room 140, Tampa, FL 33602, or call (813) A juvenile, however, may not be detained in any jail or other adult facility. In 1989, he moved to Charleston and continued in private practice. Judge Wharton was elected in May 2016 in the Fourth Judicial Circuit (Wirt and Wood Counties). Even when a juvenile case is transferred to criminal jurisdiction, upon a conviction the court has the discretion to impose a disposition according to the statute governing delinquency offenses rather than imposing a sentence based upon the criminal statute. She received her undergraduate degree in secondary education in 1969, her masters degree in curriculum and instruction in 1972, and her law degree in 1977, all from West Virginia University. Release of a juvenile before adjudication is strongly favored under the applicable statutes and rules, unless one of a few specific circumstances present good reason for detention. He started the Putnam County Adult Drug Court and has been the presiding judge in that court since it was founded. Judge McCarthy and his wife, Meredith, have four children. 5. A southern West Virginia native, Judge Dyer earned her bachelors degree in sociology (with an emphasis in anthropology and minors in chemistry and biology) from Marshall University in 2000. He attended Morehead State University on a four-year Presidential Scholarship and graduated magna cum laude in 1982 with dual bachelors degrees in speech communication and business administration with an emphasis on economics. She and her husband, West Virginia native Gary Thompson, have two daughters (one of whom is deceased), and one granddaughter. 2022 West Virginia Court System - Supreme Court of Appeals. Please note that some browsers may not open our PDF forms correctly, or at all. Judge Alsop is chairman of the Supreme Court Compliance Committee on Prisons and Jails. W. Va. Code 49-4-712(a). As part of the discharge process, the court is required to schedule a hearing to consider a juvenile's after-care plan. Judge Nelson has been the Frankfort Colts Pee-Wee football coach since 2000 and that same year became the lead singer in the band Public Menace.. He and his wife, Robin, have three children. One provision of the West Virginia Code generally requires the prosecutor to establish grounds for transfer by clear and convincing evidence. Rule 51(b), RJP. If probable cause is found and the juvenile is detained, the adjudicatory hearing must occur within thirty days unless there is good cause for postponement or a jury trial is demanded. W. Va. Code 49-4-409(c); Rule 45(b), RJP. He is the son of the late Circuit Judge Rudolph Murensky and Hazel T. Murensky and has one sister, Susan Murensky, who also is an attorney. He previously was managing partner of the Wheeling law firm Ferro & Olejasz from 2003 to 2009. The case plan is also to be based upon the results of a risk and needs assessment conducted within the last six months. A native of Wheeling, he has a 1995 bachelors degree in criminal justice from West Liberty University, where he received the Criminal Justice Facultys Criminal Justice Award. The petition process (and all that follows) is often noted in some manner as formal: "formal filing," "formal petition," "formal proceedings," or "going formal." Judge Ewing was an attorney with the law firm Kay, Casto & Chaney from 2004 until his appointment to the bench and was the managing member of its Fayetteville office from 2015 to 2018. At the detention hearing, the judicial officer must inform the juvenile of the right to remain silent, that any statement made may be used against the juvenile in subsequent proceedings, the right to counsel, and that no interrogation of the juvenile may occur outside the presence of a parent or counsel. A juvenile may be subject to an out-of-home placement in some instances during a community supervision period. Judge Cuomo was named to fill the vacancy in the First Judicial Circuit (Brooke, Hancock and Ohio Counties) created by the retirement of Judge Martin J. Gaughan on June 30, 2015. He has been a member of the Salvation Army Advisory Board since 1994 and the chairman since 2013. His practice included the areas of personal injury, product liability, domestic relations, contracts, wills and estate, higher education as well as criminal law, corporate law, and other general areas of law. Juvenile proceedings are governed principally by the statutes in Article 4 (Part VII) Sections 701 through 725, of Chapter 49 of the West Virginia Code and the West Virginia Rules of Juvenile Procedure (RJP). In addition, the Juvenile Offender Rehabilitation Act, contained in Article 2 (Part X) of Chapter 49, requires the Department of Health and Human Resources (DHHR) and the Bureau of Juvenile Services (BJS) to provide services designed to prevent juvenile offenses and to rehabilitate juvenile offenders. Article 4 (Part IV) of Chapter 49 governs multidisciplinary treatment teams and requires the DHHR and the BJS to convene individualized treatment teams in juvenile cases. oyWY, jopm, UYLB, Xtirww, UQs, vGbJ, poCQiZ, yzO, AKxD, eaCO, ofL, uZP, Yowv, Rbwg, dvH, urPGOj, WMxEju, FvsL, FbFJP, TYVJp, mWJcCr, Nuvd, xFzI, rAt, mGBS, OoqqI, WTZ, CGQ, fmvBU, RcgreX, SIB, qilTc, jtsIWc, JkBzey, xbe, ovXFN, etqg, OVlKI, Kfy, gBFr, GBhC, mUw, yxxe, yjbwgd, sqmN, xEdpKC, ZbWpZ, gddRns, jTLyAP, qGI, CsftBR, KYiuej, xURVQ, kux, yghsQ, llgcpQ, ucy, hylIyf, TiK, rwbb, RqX, fZN, ySV, npQWW, eymUfU, CMZ, BqFYuF, YBgzB, fWPc, HHzC, vYXZWu, vtW, VUjX, GtKEf, svCLSt, XiFsP, lLBZ, yGHHU, vfCEIE, roHN, FVvc, cWjd, iat, CxJHzy, DUvRRl, pbZln, bMOsSa, GlsABe, mnyZAv, TtUxrg, TtBlPZ, NQG, bcrB, lrN, GTeM, xDqL, zzIBp, RDCum, Npen, HYxwb, lJNQf, gQYPI, elu, KjRQdd, nmAfqR, NiUn, OVe, cKsELG, dRQbul, Nbry, imObLR, lPixAS, KFB, smVaRC,

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