Lies Of The Board Of Law Examiners

The editor of this document has emphasized the mistruths in these documents with an underscore. JUNE 3, 2009 To the WV Board of Law Examiners MY FIRST FOIA I am seeking information dated on or about 1977-79 regarding an attorney by the name of James Rowe who took the West Virginia Bar Exam. He purportedly was a licensed attorney in the State of Virginia. However, our evidence shows that he was a graduate of an unapproved law school by the name of International School of Law located in Arlington. Our research indicates that it would have been necessary for him to have requested an exception for graduates from unaccredited law schools to take the bar in WV. We are trying to document "how" he was allowed to take the bar exam in WV. With this goal in mind, I would like to request copies of the WV policy regarding the admission of law students to take the WV Bar exam. Ancil Ramey has indicated in a court document that the Board of Examiners had approved a policy for students to take the law exam from unaccredited law schools. I can provide a copy of that document if you doubt my word in that regard. See

this

link

for

Greenbrier

County

Court

Record

In addition to this, if such a policy did, in fact, exist at that time I would like to have a copy of the minutes of the Board of Examiners for the meeting(s) in which that policy was discussed and subsequently approved including the names of the board of examiners who were present in the meeting and how each voted. If the policy did not, in fact, exist then I would like to have a copy of the board's minutes indicating the decision (motion, second, and vote tally) to allow an unaccredited law student to take the law exam. This will make it possible to determine if Judge James Rowe had proper authorization to take the bar exam. Of course, I am asking only for public documents and since a public body is bound by its decisions and in light of the open meetings law the above decisions would have had to be made in public and properly recorded in a public document.

---------------------------------------------------------------------------------------------------------RESPONSE TO FIRST FOIA JUNE 4, 2009--“This is in response to your letter received via email dated June 3, 2009, requesting the West Virginia Policy regarding the admission of law students to take the WV bar exam. The Board adopted a policy, at least prior to February 1978, that applicants who had graduated from non-AB accredited law schools, but who were admitted to the practice of law in another jurisdiction, were permitted to sit for the examination and, upon successful completion thereof, be recommended for admission to the practice of law as James Rowe and at least one other applicant who were graduates of non-ABA accredited law schools were approved by the Board in February 1978 for admission to the West Virginia State Bar.—Nancy A. Green, Bar Admissions --------------------------------------------------------------------------------------------------------JUNE 10, 2009--MY SECOND FOIA Dear Ms. Green: I am not interested in any exempted information about Judge Rowe. I already know that he complaints filed. I have the David Ryder record in hand. You have indicated that "the Board adopted a policy." Unless this is some secret policy that is not public (which I find incomprehensible), I want a copy of that policy. I would kindly request that you provide me with a copy of that "policy" and the date when it was implemented and whether or not it is still in force. Please redact any exempted material from it and give me a copy of the bare bones policy as it was voted on by the Board. Secondly, you have indicated that the "policy" was "adopted" at least prior to 1978. The only reason I asked for a copy of the minutes was to discover who was present at the adoption, the vote on the policy, and the date of the meeting. The policy will have had a definite beginning date. Policies traditionally are in force from a date certain (i.e. legislation) which may be in the future (90 days, etc. You seem quite certain that the admission to the WV State Bar was approved by the Board in February 1978. And of course, the policy will have had a definite beginning date. Judge Rowe was a legislator himself so he will know that what I have stated above is the way laws are established and implemented. A rule body makes a rule, it is recorded by that body's clerk or secretary and is to take effect at a certain time.

I have searched diligently through your "exceptions" and cannot find any that exempt the material I am looking for.graduated from a non ABA accredited law school. I am not asking for a record of §29B-1-4. Exemptions. (2) Information of a personal nature such as that kept in a personal, medical or similar file, if the public disclosure thereof would constitute an unreasonable invasion of privacy,clear and convincing evidence requires disclosure in the particular instance: Provided, That nothing in this article shall be construed as precluding an individual from inspecting or copying his or her own personal, medical or similar file; (8) Internal memoranda or letters received or prepared by any public body; I am not asking for "internal memoranda or letters" received or prepared by any public body. I am asking for a copy of the policy and any additional information referred to in your letter. That policy must of democratic necessity have been adopted in an open forum and recorded in an open forum. I am requesting the West Virginia Policy regarding the admission of law students to take the WV bar exam. Your letter indicates that the Board adopted a policy, at least prior to February 1978, that applicants who had graduated from non-ABA accredited law school, but who were admitted to the practice of law in another jurisdiction, were permitted to sit for the examination and, upon successful completion thereof, be recommended for admission to the practice of law as James Rowe and at least one other applicant who were graduates of non-ABA accredited law schools were approved by the Board in February for admission to the West Virginia State Bar. With respect to your request for the minutes of the Board of Law Examiners meetings, they are exempted under W.Va Code 29B-14(2) and (8) §29B-1-4. Exemptions. (2) Information of a personal nature such as that kept in a personal, medical or similar file, if the public disclosure thereof would constitute an unreasonable invasion of privacy,clear and convincing evidence requires disclosure in the particular instance: Provided, That nothing in this article shall be construed as precluding an individual from inspecting or copying his or her own personal, medical or similar file;

(8) Internal memoranda or letters received or prepared by any public body; I will be quite satisfied with the material allowed by WV Code. I will be happy to come to Charleston and look personally at the books as allowed by WV Code 30-1-12 §30-1-12. -- The books and register of the board shall be open to public inspection at all reasonable times, and the books and register, or a copy of any part thereof, certified by the secretary and attested by the seal of the board, shall be prima facie evidence of all matters recorded therein. Here is the code section in context: §30-1-12. Record of proceedings; register of applicants; certified copies of records prima facie evidence; report to governor and Legislature; public access. (a) The secretary of every board shall keep a record of its proceedings and a register of all applicants for license or registration, showing for each the date of his or her application, his or her name, age, educational and other qualifications, place of residence, whether an examination was required, whether the applicant was rejected or a certificate of license or registration granted, the date of this action, the license or registration number, all renewals of the license or registration, if required, and any suspension or revocation thereof. The books and register of the board shall be open to public inspection at all reasonable times, and the books and register, or a copy of any part thereof, certified by the secretary and attested by the seal of the board, shall be prima facie evidence of all matters recorded therein. Please understand that I seek a copy of this policy to prove that it does actually exist and that it was lawfully adopted. Please understand that this is my career that I am talking about! Judge Rowe is denying me my Civil Right to Due Process which includes my right to be heard before a legitimate judge. ------------------------------------------------------------------------------------------------------RESPONSE FROM THE WV BOARD OF EXAMINERS’ ATTORNEY

JULY 10, 2009--“I am counsel for the West Virginia Board of Law Examiners. Your most recent FOIA request was referred to me for review and response. You requested a copy of the policy approved by the Board prior to February 1978 relating to admission of graduates of non-ABA accredited law schools to the West Virginia Bar Examination. At my request, Board staff located and searched the relevant records that still exist from that period of over 30 years ago. A written record of that policy could not be located. The Board has adopted many policies and practices over the years to carry out its responsibilities. The policy you inquired about covered applicants who had graduated from non-ABA accredited law schools, but were admitted to the practice of law in another jurisdiction. As you may already know, that policy was later formally incorporated into the Rules for Admission. Whether that policy was written or unwritten back then is not clear. Board staff searched records going back through 1970. The board routinely disposes of many old records due to limited storage. In any event, it is clear from a review of confidential records relating to applicants still existing from that period, the Board and Supreme Court did in a number of instances involving different circumstances not covered by the formal rules, permit otherwise qualified applicants to sit for the bar examination. Upon passing the bar examination, these qualified applicants were properly admitted to the practice of law by the Supreme Court.—John M. Hedges of the law firm, Byrne Hedges & Lyons. [email protected] HERE’S THE SMOKING GUN This is from Michie’s Jurisprudence—Rules for Admission 1. 2. 3. 4. 5. 6. 7.

There was a policy. There was a written policy The policy was adopted by the Supreme Court. The law school had to be accredited by two associations. The J.D. had to be from an accredited school. Allowing Rowe to take the exam was a VIOLATION of public policy. How many other incompetent and unqualified attornies have been allowed to sit for the bar exam during these years? 8. How many have gone on to become judges in our court system? 9. How many, like Rowe, today are sitting judges? 10. This is a violation of the due process rights of our citizens. 11. We have a right to a competent judge! 12. Judge Rowe is not a competent judge!

THE RULES WERE CHANGED ALMOST 10 YEARS AFTER ROWE TOOK THE TEST

By then, the International School of Law no longer existed. It had sold its assets to George Mason Law School. Rowe claims to have graduated from George Mason School of Law. He never darkened the door of that school. His school was located in an old department store! If Judge Rowe were a doctor would you want him operating on you?

If he were a pilot of an airplane would you want to fly with him? Would you want him teaching your children? This proves that Norman Alderman has not had a hearing before a competent judge in Alderman vs. Pocahontas County Board of Education.

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