What's the Law Say?

In this episode of What's the Law Say?, Clint visits with Roger Hanshaw about how our state laws are enacted by the legislature. Roger is the Speaker of the House of Delegates and provides an overview of how an idea can become law in the state of West Virginia. He talks about the governmental structure in the state and walks through what happens when a proposed change to the law is suggested and how it becomes enacted. Thanks to Delegate Hanshaw for explaining the process.

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In this episode of What's the Law Say? Clint talks with Karen Macon of the Public Service Commission about utility regulation and customer rights and services that the PSC can provide for utilities customers to assist in resolving complaints about public utilities such as water, electric, or gas. What does the PSC have in place to help customers who are having problems? Get some answers as we discuss consumer rights, such as reasonable payment arrangements, as well as the hearing process within the PSC including informal and formal complaints.

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In this episode of What's the Law Say? Clint chats with Dane Henry, Advocacy, Training and Technology Attorney at Legal Aid of West Virginia. They discuss tools available to the public online to assist with legal issues. These resources include final products like drafted court documents and letters to opposing parties. There are also tools designed to assess legal claims through technology like the Kinship Connector and the Renter's Rights WV resources available on LAWV's website.

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In this episode of What's the Law Say, Clint visits with Melissa Giggenbach from the WV Innocence Project, a clinic of WVU College of Law. They discuss the work of the Innocence project: how they identify cases that qualify for their assistance and how they are able to seek relief for people who have been convicted and incarcerated for crimes that they did not commit. Melissa and Clint talk about the Writ of Habeas Corpus and other options for people who have been convicted. Learn more about the WV Innocence Project at https://wvinnocenceproject.law.wvu.edu/.

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This is Part 2 of Clint's discussion with Dana Eddy, Executive Director of Public Defender Services. In this episode, Clint and Dana discuss the plea bargaining process, criminal trial, pre-trial diversion programs, sentencing and other issues impacting criminal defendants. Clint and Dana also talk about the impact of defendants who have mental illness and are otherwise unable to stand trial. 

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In part 1 of this episode, Clint talks with Dana Eddy, Executive Director of Public Defender Services. Clint and Dana talk about the pretrial procedure in criminal law. This episode is part 1 of a 2 part focus on criminal law in the State of West Virginia. Clint and Dana discuss and provide an overview of the pre-trial process including arrest warrants, indictments and what is needed to post bond as well as the services provided by the public defenders.  

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In this edition of What's the Law Say?, Clint visits with pro bono attorney Walt Auvil to discuss employment law. They talk through things that are illegal for an employer to do and outline what rights an employee has. Clint and Walt talk about the rights and obligations of employees and employers and discuss numerous ways an employee can enforce their rights including the department of labor, the human rights commission, a grievance procedure or civil litigation. 

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In this episode of What's the Law Say, Clint talks with Wheeling Attorney Andrew Beatty about unemployment compensation benefits. They talk about who is eligible for unemployment, actions that can make an employee ineligible, and how the process works when you apply for unemployment benefits including the initial deputy decisions, the hearing before an Administrative Law Judge, and appeal options available to the employee and the employer. Clint also makes goofy jokes. As always, if you need more help with this issue, please apply for help from Legal Aid of WV by calling 866-255-4370, or you can learn more at www.legalaidwv.org.

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In this episode of What’s the Law Say, Clint visits with housing attorneys Katie Ackerman and Carolyn Beyer. They discuss the warranty of habitability implied in all residential rental agreements in the State of West Virginia, meaning in rental housing there is an expectation that the rental property is safe and in good enough condition for the renter to live. This episode discusses what actions would violate the warranty of habitability and what tenants can do when the landlord refuses to make repairs to keep the rental property fit and habitable under West Virginia law. Should you need further assistance in this area, you can contact LAWV at 866-255-4370 to see if your case qualifies for free legal assistance from our attorneys.

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In this episode of What's the Law Say?, Clint chats with Ed Sharpe about the Fair Housing Act, which prevents discrimination against tenants in protected classes. They discuss protections under the Federal Act, as well as West Virginia state law. They define a protected class and they discuss a tenant's rights if they believe they are the victim of discrimination, including discrimination because of a disability. This episode provides resources to file a complaint with the Human Rights Commission in West Virginia or Housing and Urban Development Dept. 

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