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.
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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

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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-1-
4(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.

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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.
john@byrnehedges.com
HERE’S THE SMOKING GUN

This is from Michie’s Jurisprudence—Rules for Admission

1. There was a policy.

2. There was a written policy
3. The policy was adopted by the Supreme Court.
4. The law school had to be accredited by two associations.
5. The J.D. had to be from an accredited school.
6. Allowing Rowe to take the exam was a VIOLATION of public policy.
7. 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.

Proof Text Below