We would like to introduce you to our newest Ombudsman, Micah Bailey.
Micah has been an employee at Legal Aid of West Virginia for 1.5 years. In the beginning of his career at Legal Aid, he worked in the TANF program before becoming a Project Support Paralegal for the SSVF program. In July of 2023, Micah became an Ombudsman, assigned to the Beckley office and covers the territory of Raleigh, Wyoming, McDowell, Mingo, Logan, and Boone counties.
“Moving to the Ombudsman unit was a chance for me to go back to my roots of doing case work in the field,” Micah says. “I like meeting people where they are and taking time to communicate with them face to face. My favorite part of being an Ombudsman is providing a voice for those who often go unheard. Advocating for others is where my heart has always been.”
Micah enjoys visiting his assigned facilities and speaking with the residents and staff. Micah’s Grandfather was previously a resident in long-term care facilities, so he is able to use this personal experience when advocating for his residents.
In 2007, Micah completed his Bachelor of Social Work at Concord University, and in 2015 attained his Juris Doctorate degree from the Appalachian School of Law. His work background includes being an Adult Services Worker in Greenbrier County, a Public Housing Social Service Coordinator, a Law Clerk for the Honorable H. L. Kirkpatrick III, a paralegal for Child Protective Services at the Raleigh County Prosecuting Attorney’s Office, and most recently, prior to joining Legal Aid of West Virginia, he served as the Adult Drug Court Probation Officer for Raleigh County.
Friends Feeding Friends is a self-described “nonprofit community outreach group” founded in 2019 by Kevin Brand, Karen Alastanos, and Michelle Freeman in an effort to make a positive change in the Clarksburg, WV, community.
“Our goal is to build relationships,” says Kevin Brand, who serves as the group’s secretary. Karen Alastanos and Michelle Freeman serve as president and treasurer, respectively. “We host a weekly community meal every Wednesday, which is provided by a different group each week, and is hosted outside the First United Methodist Church in downtown Clarksburg.”
Legal Aid of West Virginia’s (LAWV) Clarksburg office became a group that hosts the weekly dinners in 2021, after Supervising Attorney Angela White learned about the program.
“The organization needed volunteers to cook meals and I love to cook—feeding people is definitely my love language,” she says. “When I approached the Clarksburg office to see if they would be interested, they jumped at the chance to serve the community. The office truly enjoys volunteering for the program, and everyone pitches in. Through Friends Feeding Friends, not only have we have been able to spread the word about Legal Aid and the services we provide, but we have made new friends and contacts to strengthen the community support network to better provide prompt, wraparound services to those who need it.”
Friends Feeding Friends not only provides food at their Wednesday dinners but refer to service providers and provide resources for housing, drug rehabilitation facilities and therapies, food pantries, and healthcare, including on-site Narcan provided by WVU Medicine.
“In addition to LAWV and WVU Medicine, we have partnerships with WVU Medicine, multiple churches, groups, schools, and the Harrison County Family Support Center,” Kevin explains. “It is important for us to have relationships with different organizations because someone is always needing different types of assistance or help, and with these resources, they can be pointed in the right direction. By partnering with the Harrison County Family Support Center, we have the opportunity to have a food pantry and storage space for our weekly supplies.”
Every week, Friends Feeding Friends serves about 100-120 dinners to community members, and they have also hosted meals consistently for holidays like Thanksgiving and Christmas, where attendance is often over 250 people.
In addition to the program’s staff and community partner groups, around 20 local volunteers help make Friends Feeding Friends happen, and they are always accepting new volunteers. Potential donors or volunteers can learn more about the program on the Friends Feeding Friends Facebook page.
“This has been the best job in the world. There was nothing that was more compatible with my moral and ethical system. I don’t feel like I have ever had to compromise my values.”
After almost 30 years, Legal Aid of West Virginia’s Long Term Care Ombudsman Director Roy Herzbach retired in early April. His parting words about his career as an Ombudsman for residents in long-term care settings reflect his dedication to ensuring the best for his clients and staff. As LAWV’s Ombudsman program transitions to new leadership, we wanted to highlight Roy’s tenure as an Ombudsman, and the important work the unit does for West Virginians.
What is an Ombudsman?
An Ombudsman is a general term for an advocate who handles complaints on behalf of the public. At Legal Aid of WV (LAWV), our Ombudsmen are advocates for residents in long-term care facilities across West Virginia. They handle complaints from residents, and work with staff, administration, family members, and community partners in addition to residents to resolve issues that exist in these long-term care facilities.
There are more than 300 total facilities in West Virginia that our Ombudsman staff visit, including nursing homes, assisted living facilities, and unlicensed long-term care homes. Every facility is covered in one of our Ombudsman regions, and we employ nine Ombudsmen and a director who cover these visits. Ombudsmen field complaints that run the gamut from smaller, easier to manage issues like food, noise, and visitors, to significant complaints of abuse, neglect, safety, hygiene, and care issues. Though some complaints are quicker to resolve, all are important issues to resident clients.
A Brief History
Roy Herzbach arrived in 1994 at what was then the Legal Aid Society of Charleston, by way of Atlanta, GA, where he served as the state’s Ombudsman Director for 7 years.
“Every state has an Ombudsman program; it’s federally mandated,” explains Roy. “Each state does it in its own way. We are proud of our preventative approach here in West Virginia. We really ask our staff to keep an open vision and approach.”
Ombudsmen work specifically for residents—a tough balance at times. Even with facility staff, family members, or other decision-makers in the picture, an Ombudsman’s client is the resident, first and foremost. The program encourages residents to provide feedback, even on the Ombudsman work, a philosophy encapsulated in a poster hanging in Roy’s LAWV office reading “Our residents are our final surveyors.”
“I am most proud of the way we have been able to change perception of Ombudsmen in West Virginia,” says Roy. “There used to be a bit more of an adversarial approach, but we want them to respect where we are coming from and try not to be antagonistic. It’s amazing to see how relationships have developed. Our staff now provide trainings on various topics to facility staff and other groups.”
The development of accompanying advocacy is also a point of pride for Roy as he looks back on his tenure, particularly the hiring of Suzanne Messenger through a Fellowship and creation of the LAWV Financial Exploitation Unit and statewide Financial Exploitation Advisory Commission. The Ombudsman unit also hired a Communications and Training Specialist under Roy’s leadership to further their ability to share information with those who can benefit and learn as Ombudsmen staff.
Roy led the Ombudsman Program through the significant challenges of serving a vulnerable and isolated population in long term care settings during COVID. Many of the challenges exacerbated by the pandemic remain, including staffing shortages and access to appropriate treatment and services.
“I’m grateful to Legal Aid of WV and our partners,” Roy says, in parting. “Even during difficult times, the validation and support of our work was tremendous.”
Best Wishes from Our Staff
From everyone at Legal Aid of WV, we wish Roy a Happy Retirement! Here are parting words from a few of his colleagues:
I have had the privilege of working with many excellent leaders and advocates in my time with Legal Aid. With his persistent and creative advocacy and his heart for the long-term care residents, Roy is at the top of my list of effective and inspirational colleagues.
Adrienne Worthy, LAWV Executive Director
Perhaps still my most vivid memory of Roy was his initial job interview, with a group of us assembled. Before we realized it, ROY was guiding US through a trust-building exercise he liked! “Holy moly, I think he’s running this interview more than we are,” I thought. Now, years later, I know that was true. How incredibly fortunate we were to entice Roy to leave Atlanta behind and come to West Virginia.
Speaking as a lawyer, working with Roy was always both challenging and rewarding. He brought tough cases to work through that required my best thinking and creativity and sheer hard work. At the same time, they were typically deeply emotional and rewarding.
I don’t think I’ve ever worked with anyone with as deep a commitment both to serving the client and to reconciling conflict and division in the process. It’s been a privilege and a joy to work together, and it’s one of the things I miss in my otherwise wonderful retirement. After years of laboring in this vineyard, I hope Roy’s retirement will be equally enjoyable.
Bruce Perrone, Retired LAWV Advocacy and Services Counsel
Roy is practical and realistic, and he is going to give you the honest truth.
I got to really learn how to be an Ombudsman from Roy. I think he is the epitome of what an Ombudsman is. He is such a great listener and such a great questioner. When I transitioned to the State Ombudsman position, I have had the privilege to be a colleague and continue to learn from him and maybe even teach him some things.
I think the value of the Ombudsman program is we get to be a trusted resource for our clients, and Roy has done a good job reinforcing that trust. That trust is an essential component of everything the Ombudsman does.
Suzanne Messenger, WV State Ombudsman
Roy definitely has a passion for the Ombudsman line of work, and it has influenced me to have that same passion. At times, Roy would accompany the regional Ombudsmen on our visits to our facilities. One particular day, I will never forget: we visited one of my “problem” facilities, and an aide pulled us aside privately to speak with us anonymously about the staffing shortage. This was fairly early on in my career, and to see the compassion and passion Roy showed to not only this aide but the residents who were affected by the staffing shortage left an impression on me that molded me into the Ombudsman I am today.
Ed Hopple, Ombudsman
I truly appreciate Roy being a caring, authentic individual and supervisor.
Marie Parker, Ombudsman
I would have to say, Roy is kind. He is very thoughtful about how to approach issues dealing with our clients. He is the best “boss” I have ever had, and whoever gets his position will have big shoes to fill. Roy was a great warehouse of knowledge. He had contacts we can only wish we had. Roy’s retiring is a tremendous loss to all of us and to the program. I will certainly miss him.
Polly Lafferty, Ombudsman
Working with Roy, even for such a short period of time, has been such a blessing to me. Roy is a force as he advocates for our residents, as well as in his support for those who had the pleasure to work with him. While Roy may be small in stature, don’t let that fool you because Roy truly is a giant among men.
Susan Wolford, Ombudsman Communications and Training Specialist
Rita Rectenwald’s first experience with Legal Aid of West Virginia (LAWV) was as a client when she applied for help with a contentious divorce. Several years later, she found herself in a similar situation—”I really know how to pick them,” she says—and applied for help again. This time, David Yaussy, a LAWV Board Member, took her case pro bono.
“Working with David was so nice; he was really there for me,” says Rita. “I had been through this before, so I knew what was going to be asked and helped make sure we were ready. David enjoyed working with me because what I didn’t know, I would look up and prepare. He thought I would be good for the Legal Aid Board.”
Rita in 2023
LAWV’s Board of Directors has elected members, who are attorneys, and some appointed members, who are mostly client-eligible constituent members. David recommended Rita for one of the appointed positions, so she met with LAWV’s Executive Director Adrienne Worthy in 2018 to find out if it was a good fit.
“I just had surgery on my shoulder after I tore my rotator cuff,” Rita explains, an injury that ended her career and freed up more time to serve on the Board. “I guess this is where I needed to be. I think your life is laid out, and I was put here for a reason.”
Since her appointment on the Board, Rita has been active in attending every meeting while generously offering her thoughts, opinions, and baked goods to LAWV’s staff and Board. She also takes her duties sharing the word about LAWV seriously.
During the pandemic, Rita and other Board members took Mountain Rental Assistance Program materials to local events and distributed them to community members who might benefit from the program. She also frequently refers people with legal issues to apply for help.
“I guess I’m a busy body, or maybe I should say a people person. I like talking and listening to people and getting to know what they need—I learned to do that during my career. Everything I’ve experienced has helped me understand and do better for the folks at Legal Aid. I have learned how to talk to people and accept them.”
Rita employs her talents beyond being a Board member by staying active in her neighborhood. She also stays active by taking her 22-pound dachshund, Nugget, on adventures in the Dunbar area.
With an appointment vacancy currently open on the LAWV Board, Rita says she would encourage anyone who is interested to reach out because the experience is worth it.
“Being around Legal Aid staff—the kindness that radiates from them is extraordinary,” says Rita. “I love being on the Legal Aid Board to get out of the house, stay active, and to get to help people!”
Please be advised: this story contains accounts of abuse.
Ashly Ash is a legal assistant; her work supports all staff at Legal Aid of WV’s (LAWV) Morgantown Office and occasionally reaches beyond.
You can also find Ashly sitting with clients, listening to their stories and offering encouragement. She knows from personal experience that clients who walk through the doors are often at the lowest, darkest place they have known.
She was one of those clients herself 5 years ago.
Ashly in 2022
Ashly has come a long way, but she admits it was a difficult journey.
“It took me a long time to realize I was being abused. I don’t think I would have had the strength to go through with leaving if I had to do it on my own. The only thing that made me leave was seeing the fear in my daughter’s face. Otherwise, I probably wouldn’t have left.”
She met her ex-husband at a luncheon for her college. They had both been previously married, and he pursued her persistently, was charming, and said all the right things.
About a year later, Ashly got pregnant with her daughter. They got married, and they lived with one of his stepsons full-time, and another stepson when Ashly’s husband had custody.
“Maybe there were little red flags but nothing big. I didn’t see the signs,” she says. “I just gotten home from the hospital; I had a c-section with my daughter.”
That’s when the physical abuse started. While she was an exhausted new mother, Ashly also had to manage the new danger in her own home. Her ex slowly got more abusive, choking her, spitting on her, and continuing to escalate his verbal abuse. He would yell at her for spending money and keep her away from her daughter by threatening consequences or physically holding her back.
He would yell and get physical with his stepson, and Ashly would step in to protect him, taking the abuse herself instead.
“I should have left then. I know that,” Ashly says. “He had me so broken. It’s hard to admit to yourself you’re being abused, and you get mad at yourself that you even got there. But it’s gradual, and I was so isolated.”
Ashly felt like she did not have it as bad as others. In many ways, she did not even recognize she was being abused because it had become her new normal. It was how it felt in her home—so it became home, and her ex-husband knew how to keep it that way.
It was four years before it came to a breaking point.
One night, her ex came home after a night of drinking, looking to pick a fight. This time, he chose to attack their daughter.
“He was grabbing her arm, pulling her,” says Ashly. “I could take it. But when he did it to my daughter, I thought, ‘That’s it.’ I left and never went back.”
Ashly and her daughter went to her parents’ house, where Ashly called the police. The officer who responded told her about the resources available and recommended that she file a Domestic Violence Protective Order (DVPO) as soon as possible.
The next day, Ashly went to the courthouse by herself and filed a DVPO against her husband.
“It was very emotional to file. It was scary. I loved this person.”
They asked if she wanted to press charges, and she said she did not want him to be arrested. “I didn’t know what would happen to my stepson,” she says.
Throughout the process, RDVIC (Rape and Domestic Violence Information) worked with Ashly and referred her to LAWV, where she was assigned an attorney for her case.
“At first, I thought, ‘Do I need a lawyer? It is going to make him mad?’ It took a while for me to trust others,” says Ashly. “But working with my attorney was really good. I had someone on my side. My ex knew exactly what to say to make me shut down, so I would not have kept going without their support. I would have done whatever I could not to rock the boat.”
RDVIC provided resources like counseling and support, and LAWV helped Ashly get a divorce.
During the pandemic, Ashly put herself through school and got a paralegal degree. She started looking for work and saw that LAWV was hiring a legal assistant and applied right away.
“I have a passion for this work,” she says. “It’s hard for attorneys; they don’t always have time to talk to clients, so I do. A lot of the time, they just need someone to listen, encourage, and validate them. It’s a process, and it’s a long one. The one thing I tell our clients is to be patient with themselves.
“Working at Legal Aid has really helped me heal. Being able to help others with my own experience—I know I don’t have to be a victim anymore, but it’s okay now to admit that I was. I was able to let go of the anger and bitterness I was holding onto toward myself, him, and other people for not seeing the abuse.”
October is National Domestic Violence Awareness Month. Ashly wants West Virginians to know: there is help. Resources like RDVIC and LAWV are available close to home. You do not have to be alone. Before Ashly was able to break out of her situation, she had no idea programs existed to help her or that what she was experiencing—being yelled at, threatened, and intentionally isolated—was abuse.
“What I want people to know is it’s okay to not be okay. It’s okay to ask for help. And as much as you feel alone, you’re not.”
Richard Morris is the Lawyer in the School Project Manager. As the project manager, Richard supervises Lawyer in the School in all the counties that it serves across the state, as well as serving as an attorney to the program’s clients.
We featured one of Richard’s clients in a recent client feature, and we talked to him a bit more about the work he does at Legal Aid of WV, the impact it has, and about the featured client family. You can see his brief take on our 20th Anniversary themes below.
What does Justice for All mean to you, and why is it important?
It means ensuring that everyone has access to the legal resources and help necessary for them to attain their goals. It’s important because without it, too many people would find themselves cut off from the court and the help they need.
How has Legal Aid changed your life, or your career?
Legal Aid of West Virginia has allowed me to grow not only as an attorney, but as a person and to become an asset to my community. By providing me with the opportunities to make an impact, Legal Aid of West Virginia has empowered me to help those in my community who otherwise may have fallen through the cracks of our justice system.
How has Legal Aid impacted West Virginia and West Virginians?
Legal Aid of West Virginia, as the predominant civil legal aid society of this state, has impacted the lives of so many West Virginians for the better. The services we provide to the most vulnerable ensure that the scales of justice are not so heavily weighted against the communities we serve and they can get the justice they seek.
How did Lawyer in the School/Legal Aid impact your adoption clients?
Working with this family was a pleasure and I was so thankful that I could assist them in achieving their goals. As clients who were being assisted under the Lawyer in the School program, we were able to help them in adopting their wonderful goddaughter, Gabby. Without this program, Richard and Dona would have had to come up with the money necessary to hire a private attorney or would have had to just forget about it altogether. But because the Lawyer in the School program was able to assist them, they finally gained the full legal recognition of their family that they had always wanted.
Jeremy Mitchell is a Legal Aid of WV ATLAS Attorney, where he works directly with our intake staff to provide advocacy services, including advice and information, to clients who apply for help from LAWV. He is also in the WV Army National Guard, and because May is Military Appreciation Month, we are featuring one of our own staffers who is active in service.
What does the phrase “Justice for all” mean to you, and why is it important? The phrase “Justice for all,” to me, means the opportunity to be heard. While the outcome may not be favorable, simply having the chance to assert ones claims or arguments is paramount to assisting those who otherwise may not have the ability to do so. And that’s exactly where I take pride in Legal Aid’s efforts- stepping in the position to assist individuals in civil matters wherein there is no default right to legal representation.
How has Legal Aid changed your life, or your career? I came to Legal Aid fresh out of law school. I was eager to take on the world and help those I could. I wanted a vast array of experience across multiple legal areas while also being able to give back to the State and community I cherish. Legal Aid has unequivocally provided these opportunities by way of trainings, mentorship, and of course, hands on experience with a variety of cases. I was not “cornered” into one are of the law- which has proved exciting and sometimes challenging as a younger attorney. However, there has not ever been any time during my career at Legal Aid in which I felt I was unable or unwelcomed to call upon others for advice and assistance. Teamwork and the unified goal of assisting West Virginia’s most vulnerable set Legal Aid of West Virginia apart.
How has Legal Aid impacted West Virginia and West Virginians? Without question, Legal Aid has positively impacted West Virginia. I’ve seen it firsthand with clients I have assisted, even if the assistance is limited to preparing clients for hearings or advising on applicable law. Frequently I see, and encounter myself, instances where clients simply armed with better understanding of their options or rights proves beneficial. Comparatively, there is genuine concern at the thought of the alternative wherein prospective clients do not have access to such a firm able to consistently provide access to legal aid services. I truly could not say enough kind words about Legal Aid of West Virginia. I strongly feel the work done here by the incredible staff across the state is a noble pursuit that must continue.
Tell us a bit about your military service and how it impacts your career.
I am a First Lieutenant (1LT) Judge Advocate (JA) with the West Virginia Army National Guard.
One of the army core values is selfless service. I find this core value relates both to military service for this state and country as well as legal service for vulnerable and often underrepresented West Virginians whom Legal Aid assists. I joined for similar reasons to joining Legal Aid of West Virginia—to give back to the local community and help as I can. My legal education and experience offer an avenue for selfless service both with Legal Aid of West Virginia and the West Virginia Army National Guard, particularly at a time where both institutions are tragically understaffed.
There is a massive shortage or attorneys, or Judge Advocates, across the army, specifically within the States’ national guard units. For example, there is only one full time Judge Advocate for the West Virginia National Guard that handles courts-martial or trying of cases in violation of the West Virginia Code of Military Justice (rules and laws specific for servicemembers). This is also indicative of the understaffed Judge Advocate position within the army as a whole, but more specifically, for the West Virginia National Guard. Similarly, many West Virginians find themselves in the unfortunate position of needing legal assistance while not being able to afford representation.
Any Legal Aid employee would explain that this is not a job taken for financial motivations. Rather, selfless service is illustrated daily by the hard-working team that makes up Legal Aid of West Virginia. I have been very fortunate to be a part of this team and consistently find myself proud of Legal Aid’s accomplishments.
Why is the concept of justice for all so important to our legal system?
When the legal system was first created, it was geared for the benefit of white men who owned property. This was not fair. Period. End of story. Justice for all is the great equalizer if followed as intended.
How did you come to work at Legal Aid?
I first came to Legal Aid as a PIA fellow during the summer of 2012. From the time I graduated law school until onboarding at Legal Aid, I worked various positions until I found the right fit for me. I taught elementary special education. I taught middle school alternative education. I worked as an associate attorney at a small law firm. I was a supervising attorney at the WVU College of Law Child and Family Advocacy Clinic. I volunteered as a pro bono attorney for Legal Aid. I even opened my own small firm. I tried many positions out until finally I landed as the part-time DV attorney in 2018 in the Clarksburg office, and I knew I had found the right fit for me. In 2019, I became a full-time employee at the Morgantown Office. At the end of 2021, I became the pro bono supervising attorney.
Describe how your work at LAWV has evolved.
With my new position as pro bono supervising attorney, my work has evolved from helping individual clients to expanding services to help as many West Virginians as possible.
What is the most important lesson you have learned through your advocacy at LAWV?
The most important lesson I have learned is to never give up if you think something is wrong. With Shelbi’s case, it ultimately took years to get through the legal process. But in the end, we have WV State Supreme Court decision that states, “No means no. “
What is the biggest way LAWV impacts West Virginians?
I think the best way LAWV impacts West Virginians is not through representation but by simply providing information. Clients come to us with legal problems; that is a given. But often they also come to us with questions about issues that are not legal. Like, what agency can I use to get my children clothing? When you foster the relationships with your clients, they know you are someone who will try to help them no matter what and in any way you can.
What would our communities and courts look like if Legal Aid of West Virginia did not exist?
I practice mainly with clients who have experienced domestic violence. I believe that without the partnerships between Legal Aid of West Virginia and domestic violence programs throughout the state, fewer survivors would come forward, fewer protective orders would be granted, and more people would stay in an unhealthy and dangerous situation.
When you think of Legal Aid of West Virginia, what words come to mind?
Heart. Everyone who works at Legal Aid has so much heart for what they do and for whom they help.
How do you explain Legal Aid to those who aren’t familiar with our work?
Legal Aid offers legal services to those who otherwise wouldn’t be able to get legal help.
What makes working at LAWV special for you?
My child was able to meet Shelbi for the first time as we worked on telling her story. They had a great time playing in the park and enjoying each other’s company. He woke up the next day and asked if we were going to go to the park again to see Shelbi. We help real people in our communities with whom we can connect and get to know.
When Tom and Grace Hurney are in the same room together, it’s easy to see these Jackson Kelly attorneys are cut from the same cloth. Both father and daughter share the ability to speak on topics as wide-ranging as their recent trip to see the Rolling Stones (they report that Mick and Keith still rock), to the fine points of constitutional law. They also share a love of their community and a commitment to doing their part to ensure the legal system in West Virginia serves all people. As Tom says, “As attorneys, I believe we all have an obligation to keep justice accessible to all people—whether that’s through sharing our time, our treasure, or both.”
Both he and Grace not only talk the talk, but they also walk the walk. Tom has supported LAWV since its inception in 2002 – not only as a donor, but also as a volunteer and fundraising chair. Following in her father’s footsteps, Grace is a donor, has worked closely with Legal Aid on pro bono activities, and she also serves as a Jackson Kelly Team Leader for Legal Aid’s “Just One” law firm fundraising challenge. Last year, she and fellow leaders Nick Presley and Nicole Johns raised over $40,000 from their firm colleagues to support Legal Aid. To her, this kind of leadership is a natural outgrowth of her family’s long tradition of service and the firm’s belief in giving back. She says, “At Jackson Kelly we expect people to not only be exceptional attorneys, but exceptional members of the community.”
As a newly minted Member in her firm, Grace is eager to see a younger generation of attorneys carry on the legacy of service and excellence that preceded them. When asked what she would say to attorneys of her generation and younger about fundraising for Legal Aid she responds, “Supporting Legal Aid is a perfect opportunity to lead by example, and to do something concrete and meaningful to ensure more West Virginians have access to the justice system. It’s our chance to step up.”
Tom agrees, adding, “Access to justice is so critical, because our system only works when the people believe in it, when they see that the idea of equal justice under the law is true for everyone. When we help people get that access, we’re also fostering belief in—and respect for—our system of law.”
Maureen Conley is an attorney at Legal Aid of WV (LAWV) who works on family law cases, especially those where domestic violence is a factor. In April 2022, Maureen will officially retire after decades of dedicated advocacy with LAWV. Ahead of her retirement, we asked her a few questions to give her an opportunity to share her work and wisdom, which we will miss dearly.
Why is the concept of justice for all so important to our legal system?
The concept of justice for all (our judicial system) is built on individuals having equal access to the courts, to unbiased treatment by the courts and the premise that we all have fundamental liberty and property rights, which we won’t lose without due process. This concept underlies our constitution and Bill of Rights.
If justice doesn’t work for the little person, then it is not justice.
How did you come to work at Legal Aid? (your background and then your decision and timeframe of working at LAWV)
I came to work at the Legal Aid Society of Charleston in June 1986, upon graduating from Law School at WVU. I had not planned to work for Legal Aid; I thought I would work in helping women with small businesses. But I worked at Appalred one summer and really liked the work. I had no experience with domestic violence prior to working at Legal Aid. I learned about it on the job, from clients, co-workers, shelter workers, and trainings. It was quite an awakening for me. I did not realize how many women and children were affected by domestic violence, or the difficulties they faced in getting away from violent relationships.
Describe your work with Legal Aid over the years.
In some ways, my job has not changed very much. I still do primarily Family Law cases in Kanawha and Boone Counties. But the world around this work has changed a lot. When I started, we had one computer in the office, and I didn’t have access to it. I had access to an IBM Selectric typewriter and had to do most of my own typing. When I first started, the Circuit Judges handled divorces. Magistrate Court handled final Protective Order hearings. Some Judges appointed Divorce Commissioners to hear divorces for them. Protective Orders only lasted for 30 days. You had to file a Motion in Circuit Court to obtain a restraining order when the Protective Order was about to expire. The Family Law Master system came into being after I started at Legal Aid. Family Law Masters heard cases but were not allowed to issue Final Orders. You had to get a Final Order from the Circuit Judge. The Family Court system came into effect later and did allow Judges to issue Final Orders. That system has expanded over the years as well—with Kanawha County now having 5 Family Court Judges, when it had only 2 Family Law Masters.
In terms of the work itself, we have seen the development of greater financial support for domestic violence shelters and for Legal Services offices through VAWA and VOCA funding. This money has provided more advocates to assist people filing for Protective Orders. Having Protective Orders last 90 or 180 days or longer has been enormously helpful to our clients who are typically transitioning to a new home and want to ensure that they have custody of their children, support, continued safety, etc.
There has also been significant changes in Family Law over the years. When I came in, we had the “primary caretaker” custody standard, which was set out in Garska v. McCoy. This case allowed the parent who was primarily providing day to day care for the children to be awarded custody. This custody standard really helped our clients. But the custody standard was changed by statute in 2001. Much of the Domestic Relations Code in chapter 48 was also changed around that time. The terms custody and visitation were both changed to “custodial responsibility.” Parents were awarded decision-making for the children, with a presumption for joint decision-making. Parents now had to submit Parenting Plans, and parents could be sent to mediation to help them work out a parenting plan.
What is the most important lesson you have learned through your advocacy at LAWV?
Family courts can have a significant effect on people’s lives, especially children’s lives. Family court cases can save lives and prevent abuse. It is most important to dignify your client’s experience by telling her story as truthfully, and with as much detail, as possible. If an advocate respects a client’s experience and communicates that respect, the Courts are more likely to understand.
As you come closer to retirement, what are some memories you look back fondly on during your time at Legal Aid of WV?
The people I have worked with at Legal Aid over the years have been really great in terms of their commitment to the work, their collegiality and helpfulness. I have really enjoyed working with Legal Aid staff over the years. We used to be allowed to have parties with alcoholic beverages, which got quite rowdy at times. I still remember a going away party for Mary Jarrell, where we sang some songs with lyrics altered for the occasion.
There have been a few occasions over the years when I have been able to get child back for a client, when the child had been snatched and taken to a different state. Those cases have felt very special. Sometimes you don’t know the ultimate outcome until you run into an old client at the grocery store years later.
I really liked the 2018 Statewide Staff Training dinner we had when everyone dressed up in costumes—those tutus were wonderful!
What are the beliefs or values that underpin your support (and employment with) Legal Aid of WV for so many years?
Individuals (including children) have a right to live without violence and to have their day in court.
What would our communities and courts look like if Legal Aid of West Virginia did not exist?
I think you would find a lot more frustrated people who have gone through the court system or didn’t know they could go through the court system and a lot more frustrated (burnt-out) court officials. In domestic violence cases, Legal Aid plays a critical role in ensuring safety of survivors by connecting them with shelters, shelter advocates, law enforcement and lawyers. So without Legal Aid, there would be fewer survivors getting the intervention they need to preserve their safety.
Having a lawyer or advocate explain legal concepts and rules to clients can reduce Judges’ hearing time and staff time in explaining forms, procedures, and evidence. Overloading judges and staff leads to burn out. Litigants are helped by being more prepared for hearings and by knowing when and how to access the courts. In the case of indigent litigants in many types of civil cases, Legal Aid is frequently the only option for legal help.
When you think of Legal aid of West Virginia what words come to mind?
How do you explain Legal Aid to those who aren’t familiar with our work?
Legal Aid is an organization which will help you with your basic needs and rights. Its staff will listen to your legal problem and try to help you find answers for it.
