Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Eternal and all-seeing Father, bowing our heads at this altar of prayer, we would be still and know that Thou art God, from everlasting to everlasting the same. We confess that our puny strength and our fallible judgments are unequal to the tasks and tests of our times. Forbid, then, that we should rely only on our own devices and councils. Through the tangled wilderness of human relations, show us the clear path that leads of the summit of Thy will. With eyes cleansed of all selfishness, may we see Thy way. And in that vision may we dream our dreams, mold our lives, and enact our laws.
We pray to our God Whose teachings are always good and true.
Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
The following was received.
TO: The Clerk of the Senate
The Clerk of the House
FROM: Thomas E. Smith, Jr.
Chairman, Judicial Screening
Committee
DATE: April 13, 1988
In compliance with the provisions of Act 119 of 1975, it is respectfully requested that the following information be printed in the Journals of the Senate and the House.
Respectfully submitted,
Thomas E. Smith, Jr.
Chairman
/s/ Sen. Isadore E. Lourie
/s/ Sen. John A. Martin
/s/ Sen. Glenn F. McConnell
/s/ Rep. James M. Arthur
/s/ Rep. Larry E. Gentry
/s/ Rep. D. Malloy McEachin, Jr.
/s/ Rep. John I. Rogers, III
Pursuant to Act 119 of 1975, this Committee was convened to consider the qualifications of candidates seeking to fill certain Judicial positions.
The Judicial Screening Committee is charged by law to consider the qualifications of candidates for the Judiciary. When notice is received that an individual intends to seek election or reelection to the Bench, the Committee conducts such investigation of the candidate as it deems appropriate and reports its Findings to the General Assembly prior to the election. It is not the function of the Committee to recommend one candidate over another or to suggest to the individual legislator for whom to vote. Our role is instead that of determining whether a candidate is qualified to sit as a Judge and under the statute our determination in that regard is not binding upon the General Assembly.
The following Family Court Judges are running for reelection to their respective seats and are unopposed:
Hon. Alvin C. Biggs Seat #2 1st Jud. Circuit
Hon. Peter R. Nuessle Seat #1 2nd Jud. Circuit
Hon. Jamie F. Lee Seat #1 4th Jud. Circuit
Hon. Robert H. Burnside Seat #1 5th Jud. Circuit
Hon. William M. Campbell Seat #4 5th Jud. Circuit
Hon. Stuart H. Hall Seat #3 7th Jud. Circuit
Hon. L. Mendel Rivers Seat #1 9th Jud. Circuit
Hon. Judy C. Bridges Seat #3 9th Jud. Circuit
Hon. Robert H. Cureton Seat #2 10th Jud. Circuit
Hon. W. Frank Rogers, Jr. Seat #1 11th Jud. Circuit
Hon. Wylie H. Caldwell, Jr. Seat #3 12th Jud. Circuit
Hon. Willie T. Smith, Jr. Seat #3 13th Jud. Circuit
Hon. Joseph W. Board Seat #4 13th Jud. Circuit
Hon. Albert L. Kleckley Seat #2 14th Jud. Circuit
Hon. Kaye G. Hearn Seat #2 15th Jud. Circuit
Hon. David N. Wilburn, Jr. Seat #1 16th Jud. Circuit
There is a contested race for Seat #1 in the Third Judicial Circuit Family Court. A brief summary of the background of each candidate is as follows:
Frances C. Matthews (Sumter, South Carolina) She was born in Fitzgerald, Georgia and is 41 years of age. She is single. She was graduated from the University of South Carolina in 1978 and earned a J.D. Degree from the University of South Carolina School of Law. She is in private practice as a sole practitioner.
Hon. B. J. Warshauer (Sumter, South Carolina) He was born in Wilmington, North Carolina and is 67 years of age. He is married and has three children. He was graduated from The Citadel in 1941 and earned a J.D. Degree from the University of North Carolina Law School. He has been a Family Court Judge in the Third Judicial Circuit (Seat #1) since 1977.
There is a contested race to fill the vacancy created in the Family Court of the Fifth Judicial Circuit (Seat #2) due to the elevation of the Honorables Carol Connor as Judge of the Fifth Judicial Circuit. This term expires June 30, 1989. Three candidates are seeking to fill this term. A brief summary of the background of each candidate is as follows:
Melvin D. Bannister (Columbia, South Carolina) He was born in Abbeville, South Carolina and is 38 years of age. He is presently divorced. He was graduated from the University of South Carolina in 1972 and earned a J.D. Degree from the University of South Carolina School of Law. He is presently in private practice as a sole practitioner.
Richard Giles Whiting (Columbia, South Carolina) He was born in Newport, Rhode Island and is 39 years of age. He is married and has three children. He was graduated from Presbyterian College in 1972 and earned a J.D. Degree from the University of South Carolina School of Law. He is presently of counsel to Louthian & Louthian.
Joseph A. Wilson, II (Columbia, South Carolina) He was born in Bishopville, South Carolina and is 40 years of age. He is married and has three children. He was graduated from Clark College in Atlanta, Georgia in 1969 and earned a J.D. Degree from Yale Law School. He is presently Chief Deputy Attorney General.
There is a contested race to fill the vacancy created by the Honorable Walter T. Lake, Judge of the Family Court of the Eighth Judicial Circuit, Seat #2. Judge Lake will retire at the expiration of his current term on June 30, 1988. Three candidates are seeking to fill this term. A brief summary of the background of each candidate is as follows:
W. Frank Partridge, Jr. (Newberry, S.C.) He was born in Newberry, South Carolina and is 42 years of age. He is married and has two children. He was graduated from The Citadel in 1970 and earned a J.D. Degree from the University of South Carolina School of Law. He is presently in private practice as a sole practitioner.
Gary Tusten Pope (Newberry, South Carolina) He was born in Columbia, South Carolina and is 38 years of age. He is married and has four children. He was graduated from the University of South Carolina in 1971 and earned a J.D. Degree from Washington and Lee University Law School. He is presently a shareholder in Pope and Hudgens, P.A.
John M. Rucker (Newberry, South Carolina) He was born in Newberry, South Carolina and is 43 years of age. He is married and has two children. He was graduated from the University of South Carolina in 1966 and earned a J.D. Degree from the University of South Carolina School of Law. He is presently in private practice as a sole practitioner.
There is a contested race to fill the vacancy created by the retirement of the Honorable Warren H. Jolly, Judge of the Family Court of the Ninth Judicial Circuit, Seat #4. Judge Jolly will retire effective October 1, 1988. Two candidates are seeking to fill this term. A brief summary of the background of each candidate is as follows:
Wayne M. Creech (Moncks Corner, South Carolina) He was born in Moncks Corner, South Carolina and is 36 years of age. He is married and has three children. He was graduated from the University of South Carolina in 1973 and earned a J.D. Degree from the University of South Carolina School of Law. He is presently in private practice as a sole practitioner.
David A. Soderlund (Goose Creek, South Carolina) He was born in Plainfield, New Jersey and is 43 years of age. He is married and has four children. He was graduated from Rutgers University in New Brunswick, New Jersey in 1971 and earned a J.D. Degree from the University of South Carolina School of Law. He is presently in private practice as a sole practitioner.
There is also a contested race to fill the vacancy created by the resignation of The Honorable Owens T. Cobb, Jr., Judge of the Fifth Judicial Circuit. Judge Gobb's resignation was effective April 1, 1988. Two candidates are seeking to fill this term which expires June 30, 1989. A brief summary of the background of each candidate is as follows:
Hon. James C. Harrison, Jr. (Columbia, South Carolina) He was born in Columbia, South Carolina and is 45 years of age. He is married and has two children. He was graduated from the University of South Carolina in 1965 and earned a J.D. Degree from the University of South Carolina School of Law. He is presently Master in Equity for Richland County.
J. Ernest Kinard, Jr. (Camden, South Carolina) He was born in Newberry, South Carolina and is 48 years of age. He is married and has three children. He was graduated from the University of South Carolina in 1961 and earned a J.D. Degree from the University of South Carolina School of Law. He is presently a partner in the private practice of Savage, Royall, Kinard, Sheheen & Byars.
Having completed the investigation as required by the Act, the Committee, by this Report, respectfully submits its Findings to the members of the General Assembly for their consideration.
The Report consists of the Transcript of the Proceedings before the Screening Committee held at the State House on March 24, 1988, and the portions of the documents submitted by the respective candidates which were made part of the public record. Each candidate filed an extensive Personal Data Questionnaire, a Statement of Economic Interests, five letters of reference including one from the candidate's banker, and the report of a background investigation by SLED. Those documents may be viewed in the office of Thomas E. Smith, Jr., Chairman, of the Judicial Screening Committee in 402 Gressette Building until the date and time of the election.
The candidates were present at the screening and testified under oath.
SENATOR SMITH: LET ME CALL US TO ORDER. WE ARE OPERATING UNDER UNUSUAL CIRCUMSTANCES IN THE SENSE THAT WE HAVE TRIED TO SPLIT THE COMMITTEE THIS MORNING. I AM PART OF IT AND THE OTHERS ARE THE OTHER PART.
THEY APOLOGIZE TO EACH OF YOU FOR NOT BEING ABLE TO BE HERE BUT WE THOUGHT AFTER LOOKING AT THE STATUTE AND DISCUSSING IT LAST NIGHT AND YESTERDAY THAT THE BEST THING TO DO BECAUSE YOU ARE ALL OUT OF COURT, OBVIOUSLY, FOR YOU JUDGES, AT LEAST, AND BUT WE THOUGHT THE ONLY THING TO DO WAS TO GO AHEAD AND PROCEED AS PLANNED.
THE STATUTE SAYS, OF COURSE, THAT THE ONLY TIME WE REALLY HAVE TO HOLD A FORMAL HEARING IS IN CASE THERE IS, OF COURSE, A COMPLAINT AND THAT IS NOT THE CASE HERE EXCEPT IN ONE SITUATION WHICH WE WILL DEAL WITH LATER. SO, THE MEMBERS OF THE COMMITTEE APOLOGIZE TO YOU, BUT I THOUGHT THE BEST THING TO DO WAS TO GO AHEAD AND PROCEED.
LET ME SAY THAT WHAT'S GOING ON ACROSS THE WAY IS, OF COURSE, IN THE PUBLIC EYE BUT I'M CONVINCED THAT WHAT GOES ON OVER HERE IN A ROUTINE FASHION IS MUCH MORE IMPORTANT TO THE PEOPLE OF SOUTH CAROLINA THAN THAT HEARING, AS DRAMATIC AS IT IS, BECAUSE YOU FOLKS, PARTICULARLY THE FAMILY COURT JUDGES, AND I'M SPEAKING PRIMARILY TO THE SEATED JUDGES, DEAL WITH PEOPLE'S LIVES AND FORTUNES AND CHILDREN AND FAMILIES EVERY DAY WITHOUT A JURY; AND, SO, THIS IS MUCH MORE IMPORTANT FOR THE PEOPLE OF SOUTH CAROLINA, NOT TO TAKE AWAY FROM THE OTHER HEARING.
I SAW JUDGE WALLER DO SOMETHING ONE TIME AND I'M GOING TO TRY IT. I DON'T KNOW IF IT WILL WORK. I SAW HIM TAKE--I BELIEVE IT WAS JUDGE WALLER--TAKE GUILTY PLEAS. THESE ARE NOT GUILTY PLEAS. BUT HE HAD ALL--
SENATOR SMITH: HE HAD ALL OF THOSE WHO WANTED TO PLEAD GUILTY GET UP IN FRONT OF HIM AT ONE TIME AND HE READ THEM THEIR RIGHTS AND THEN HE SENTENCED THEM INDIVIDUALLY. I WANT TO TRY TO DO THIS THIS MORNING IN THE INTEREST OF TIME. I KNOW OTHERS OF YOU, OR MANY OF YOU, HAVE OTHER THINGS TO DO. LET ME ALSO SAY THERE HAS BEEN SOME DISCUSSION ABOUT "WHY THIS PROCESS," AND I'M GOING TO HAVE AN OPPORTUNITY, AS AN INDIVIDUAL, TO TALK WITH YOU LATER ON IN FLORENCE IN SEVERAL WEEKS, JUDGE, I'VE FORGOTTEN, BUT ANYWAY, WE'LL TALK ABOUT IT THEN.
I THINK IT'S IMPORTANT THAT WE GO THROUGH THIS PROCESS. YOU JUDGES ARE UNDER A LOT OF CONSTRAINTS, A LOT OF REGULATIONS. THERE ARE SEVERAL ENTITIES WHO CHECK ON YOU, YOUR PERSONAL LIFE, YOUR HABITS; NOT ONLY YOUR RULINGS, YOUR ASSOCIATIONS. THE LEGISLATURE ELECTS YOU AND I THINK IT'S IMPORTANT THAT WE HAVE A CONTINUING ONGOING RELATIONSHIP THAT YOU GET TO SEE US AND WE GET TO SEE YOU, AND THAT'S WHY I THINK HAVING A HEARING SUCH AS THIS, EVEN THOUGH IT MAY BE ROUTINE, IS IMPORTANT. I THINK IT'S ESSENTIAL THAT WE MAINTAIN THAT RELATIONSHIP AND IT ALSO GIVES YOU A CHANCE TO GET OUT OF THE COURTROOM AND COME TO COLUMBIA AND MAYBE SHAKE A HAND OR TWO, WHICH DOESN'T HURT EITHER. SO, WITH THAT OUT OF THE WAY, LET ME GO THROUGH THE FORMALITY OF MAKING THE RECORD AND THEN I'M GOING TO TRY SOMETHING. I'M GOING TO CALL THE COMMITTEE TO ORDER. THIS COMMITTEE IS CONVENED PURSUANT TO ACT 119 OF 1975 WHICH REQUIRES A REVIEW OF CANDIDATES FOR JUDICIAL OFFICE. THE FUNCTION OF THE COMMITTEE IS NOT TO CHOOSE BETWEEN CANDIDATES BUT RATHER TO DECLARE WHETHER OR NOT THE CANDIDATES WHO OFFER FOR A POSITION ON THE BENCH ARE IN OUR JUDGMENT QUALIFIED TO FILL THE POSITION. THE INQUIRY WHICH WE MAKE IS VERY THOROUGH. IT INVOLVES A COMPLETE PERSONAL AND PROFESSIONAL BACK-GROUND CHECK ON EVERY CANDIDATE AND EVERY SITTING JUDGE. THE CANDIDATE IS INVESTIGATED BY SOUTH CAROLINA LAW ENFORCEMENT DIVISION, INCLUDING THEIR COURTHOUSE RECORDS. A STATEMENT OF ECONOMIC INTEREST IS REQUIRED. WE RECEIVE A CREDIT REPORT. WE RECEIVE REPORTS FROM THE BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE WITH RESPECT TO ATTORNEYS AND JUDGES WHO ARE OFFERING AND FROM THE COMMISSIONERS ON JUDICIAL STANDARDS WITH RESPECT TO SITTING JUDGES. WE TAKE YOUR FINGERPRINTS AND THEY ARE EXAMINED BY THE F.B.I. THE CANDIDATES' PERSONAL DATA QUESTIONNAIRE DETAILS THEIR PERSONAL HISTORY, HEALTH, PROFESSIONAL EXPERIENCE AND CONTAINS FIVE LETTERS OF REFERENCE. WE ARE HERE TODAY FOR THE PURPOSE OF EXAMINING CANDIDATES FOR MANY VACANCIES AND THE NOTICES OF THE VACANCIES WERE PUBLICLY MADE AND NO CANDIDATE HAS COME FORWARD OTHER THAN THE FOLLOWING, AND WHAT I WOULD LIKE TO DO AT THIS POINT, IF POSSIBLE, IS TO MAYBE TAKE SEVEN OR EIGHT OF YOU AT ONE TIME, AND THE ONLY REASON FOR THE BREAK IN IT IS THAT I NEED A FEW MINUTES TO REVIEW THE LAST FIVE OR SIX FILES THAT I HAVEN'T LOOKED AT SINCE YESTERDAY. I WOULD ALSO SAY THAT THE COMMITTEE HAS REVIEWED THIS INFORMATION AND I HAVE REVIEWED IT, AS WELL AS THE STAFF. SO, AT THIS TIME I WOULD LIKE TO SAY WHAT I WOULD LIKE TO DO IS TO TAKE UP THE VACANCIES FOR THE FOLLOWING POSITIONS. THESE ARE ALL UNCONTESTED SITTING JUDGES. THE FIRST JUDICIAL CIRCUIT, THE HONORABLE ALVIN C. BIGGS. IS HE HERE?
SENATOR SMITH: YES, SIR. EXCUSE ME.
THE SECOND JUDICIAL CIRCUIT, THE HONORABLE PETER R. NUESSLE. JUDGE, ARE YOU HERE?
JUDGE NUESSLE: YES, SIR.
SENATOR SMITH: OKAY. THE FOURTH CIRCUIT, THE HONORABLE ; JAMIE LEE. THE FIFTH CIRCUIT, THE HONORABLE ROBERT H. BURNSIDE AND THE HONORABLE WILLIAM M. CAMPBELL. THE SEVENTH CIRCUIT, THE HONORABLE STUART HALL. THE NINTH CIRCUIT, THE HONORABLE L. MENDEL RIVERS. THE NINTH CIRCUIT, THE HONORABLE JUDY C. BRIDGES.
THE TENTH CIRCUIT--NO, I NEED TO STOP RIGHT THERE. THANK YOU.
ARE ALL OF YOU HERE?
SPEAKER: CHARLESTON IS NOT HERE, BRIDGES AND RIVERS. SENATOR SMITH: ALL RIGHT, LET'S GO WITH JUDGE HALL.
JUDGE HALL: HERE.
SENATOR SMITH: JUDGE CAMPBELL, JUDGE BURNSIDE, JUDGE LEE, JUDGE NUESSLE, JUDGE BIGGS; I'LL ASK THAT YOU ALL STAND. (COMPLIED.) SENATOR SMITH: RAISE YOUR HAND. IT COUNTS WITHOUT A BIBLE, I'M ADVISED.
(COMPLIED.)
(HONORABLE ALVIN C. BIGGS, CANDIDATE FOR JUDGE OF THE FAMILY COURT OF THE FIRST JUDICIAL CIRCUIT; HONORABLE PETER R. NUESSLE, CANDIDATE FOR JUDGE OF THE FAMILY COURT OF THE SECOND JUDICIAL CIRCUIT; HONORABLE JAMIE F. LEE, CANDIDATE FOR JUDGE OF THE FAMILY COURT OF THE FOURTH JUDICIAL CIRCUIT, SEAT #2; HONORABLE ROBERT H. BURNSIDE, CANDIDATE FOR JUDGE OF THE FAMILY COURT OF THE FIFTH JUDICIAL CIRCUIT, SEAT #1; HONORABLE WILLIAM M. CAMPBELL, CANDIDATE FOR JUDGE OF THE FAMILY COURT OF THE FIFTH JUDICIAL CIRCUIT, SEAT #4; HONORABLE STUART H. HALL, CANDIDATE FOR JUDGE OF THE FAMILY COURT OF THE SEVENTH JUDICIAL CIRCUIT, SEAT #3, WERE DULY SWORN BY SENATOR SMITH.) SENATOR SMITH: NOW, I DON'T KNOW HOW THE RECORD IS GOING TO LOOK. WE WILL WORK ON THAT LATER.
I WOULD SAY TO ALL OF YOU--
SPEAKER: JUDGE BRIDGES HAS ARRIVED.
SENATOR SMITH: THAT'S ALL RIGHT, WE'LL GO AHEAD AND PUT HER IN THE NEXT GROUP.
I WILL SAY TO ALL OF YOU THAT ARE HERE THAT WE TAKE THIS RATHER EXTENSIVE PERSONAL DATA QUESTIONNAIRE AND WE TRY TO SUMMARIZE IT, TO TAKE THE QUESTIONS OUT, BECAUSE ALL THIS IS REPRINTED IN THE JOURNAL AND WE WANT TO TRY TO SAVE PAPERWORK AND WE HAVE DONE THAT. NOW, I WOULD ASK EACH OF YOU WHO ARE NOW SWORN, HAVE YOU HAD A CHANCE TO REVIEW IT, TO LOOK AT THE SUMMARY?
(ALL INDICATED AFFIRMATIVE.)
SENATOR SMITH: IS THERE ANYTHING IN THERE THAT NEEDS CORRECTION OR CHANGING? HAVE WE MADE ANY ERRORS, ANY TYPOS?
SENATOR SMITH: AND DO ANY OF YOU HAVE ANY OBJECTION IF WE PUT THAT IN THE JOURNAL JUST AS IF IT WERE YOUR SWORN TESTIMONY HERE BEFORE US? ANY PROBLEM WITH THAT, I WOULD SAY, TO ANY OF YOU?
(ALL INDICATED NONE.)
SENATOR SMITH: AND WE WILL DO THAT IN THE ORDER AS I WALK THROUGH NOW.
Q. JUDGE BIGGS, I BELIEVE YOU WERE LAST SCREENED IN NOVEMBER OF '83; IS THAT CORRECT?
A. YES, SIR.
Q. AND YOU ARE 45 YEARS OF AGE.
A. RIGHT.
Q. YOUR CREDIT IS SATISFACTORY. ALL THE RECORDS OF---
(LAUGHTER.)
Q. WHICH IS AS GOOD AS YOU CAN GET. (LAUGHTER.)
Q. ALL YOUR RECORDS OF THE APPROPRIATE LAW ENFORCEMENT AGENCIES ARE NEGATIVE. THE LEXINGTON COUNTY SHERIFF'S OFFICE, THE LEXINGTON---
A. SENATOR, JUST A SECOND
Q. YES, SIR.
A. THEY CHECKED LEXINGTON; I LIVE IN CALHOUN DON'T KNOW HOW THEY GOT LEXINGTON, YOU KNOW, BUT.
MR. BURNSIDE: THAT'S HOW THEY GOT THE SATISFACTORY.
Q. THAT'S WHAT GOT YOU CLEARED.
Q. THAT'S CORRECT. ALL RIGHT, WE WILL MAKE A NOTE AND DO THAT SO WE CAN DO IT IN THE RIGHT COUNTY SO WE CAN GET THAT STRAIGHT; BUT I'M CONFIDENT THERE; OR HAS THERE BEEN ANY CHANCE SINCE THE LAST TIME YOU WERE SCREENED?
A. NO, SIR.
Q. AND IT SHOULD BE CHECKED IN CALHOUN COUNTY, ALL RIGHT, SIR.
A. THAT'S THE FIRST CIRCUIT, YES, SIR. I DON'T KNOW HOW THEY GOT LEXINGTON COUNTY.
Q. THAT'S CORRECT.
1. Alvin C. Biggs
Home Address: Business Address:
Route 2, Box 219 500 North Main Street
Gaston, SC 29053 Summerville, SC 29483
2. He was born in Washington, North Carolina on August 16, 1942.
Social Security Number: ***-**-****
4. He was married to Rita McKay on April 22, 1972. They have 2 children: Kelly, age 10 and Eason, age 4.
5. Military Service: None
6. He attended the University of South Carolina, 1960-1966, BA Political Science and the University of South Carolina Law School, 1966-1969, JD Degree.
8. Legal Experience since graduation ; from law school:
2/69 - 1972 Associated with Furman Gressette
1972 - 12/76 Private practice
1/77 - 6/77 Private practice and Assistant Solicitor
6/77 - 6/79 Assistant Solicitor
6/79 - Present Family Court Judge
13. Judicial Office: Family Court, 6/79 - present
14. Public Office: House of Representatives, 1972-1974 and Assistant Solicitor, First Judicial Circuit, 1976-1979
23. Health is good.
30. Civic, charitable, religious, educational, social, and fraternal organizations: Phi Delta Phi Legal Fraternity
33. Five letters of reference:
(a) L.W. Amaker, Assistant Vice President
South Carolina National Bank
P.O. Box 216, St. Matthews, SC 29135
(b) Charles H. Williams, Esquire
P.O. Box 1084, Orangeburg, SC 29116-1084
(c) Richard W. Vieth, Esquire
300 E. Henry Street, Spartanburg, SC 29302
(d) Charles W. Whetstone, Jr., Esquire
P.O. Box 437, St. Matthews, SC 29135
(e) E.W. Dickson, General Counsel
South Carolina Second Injury Fund
Koger Center, Winthrop Building, Suite 119
220 Executive Center Dr., Columbia, SC 29210
Q. JUDGE NUESSLE. I'M ALWAYS WORRIED ABOUT THE PRONUNCIATION OF THAT.
A. IT'S NUESSLE.
Q. NUESSLE.
A. NUESSLE, YES, SIR.
Q. I'VE NEVER SEEN SO MANY JUDGES AT ONE TIME. YOU WERE LAST SCREENED NOVEMBER THE 4TH OF '83, YOU ARE 43 YEARS OF AGE.
A. YES, SIR.
Q. JUDICIAL STANDARDS SAYS THAT THEY HAVE FILED NO COMPLAINTS AGAINST YOU, BUT YOU HAVE DISCLOSED FOUR COMPLAINTS WHICH WERE DETERMINED TO BE UNFOUNDED AND I ASSUME THEY WERE AGGRIEVED LITIGANTS.
A. YES, SIR, I THOUGHT THAT WAS THE INTENT OF THE QUESTION.
Q. IT IS.
A. THOSE WERE THINGS THAT WERE FILED WITH JUDICIAL STANDARDS, YES, SIR.
Q. JUDICIAL STANDARDS FOUND NO MERIT TO THEM, JUDGE NUESSLE.
A. YES, SIR, THAT'S RIGHT.
Q. AIKEN COUNTY IS THE CORRECT COUNTY FOR YOU.
A. YES, SIR.
Q. AND THERE ARE NO--ALL THE RECORDS THERE ARE NEGATIVE: THE SHERIFF, THE POLICE, SLED, CLERK OF COURT, AND WE HAVEN'T HEARD FROM THE F.B.I., SO YOU MUST BE ALL RIGHT.
1. Peter Raymond Nuessle
Home Address: Business Address:
1411 Moultrie Drive P.O. Box 1275
P.O. Box 1275 Aiken, SC 29802
Aiken, SC 29802
2. He was born in Rochester, New. York on February 26, 1945.
Social Security Number: ***-**-*****
4. He was married to Barbara Marie Patterson on December 22, 1965. They have ;2 children: Patterson Ryan, age 15 and Cameron Stuart, age 14.
5. Military Service: None
6. He attended the College of William and Mary, 1963-1967 (BA/Government) and the University of South Carolina School of Law, 1967-1970 (JD).
8. Legal Experience since graduation from law school:
1970-1973 Associate - Garvin and Grant, Aiken, SC
1973-1978 Partner - Garvin, Grant, Fox, Nuessle, Zier and Burkhalter, Aiken, SC
1973-1979 Business Law Instructor, Aiken Technical College
1978-1979 Peter R. Nuessle, Attorney at Law, Aiken, SC
1979-1983 Agency Counsel, South Carolina State Housing Authority, Columbia, SC
1983-Date Family Court Judge, 2nd Judicial Circuit, Aiken, SC
13. Judicial Office: 1983 to date, Family Court Judge, Second Judicial Circuit of South Carolina, elected by Legislature of South Carolina February 2, 1983, jurisdiction limited to Family Law
15. In 1980 he was an unsuccessful candidate of the Democratic Party for Aiken County Council, District No. 7.
22. Four complaints have been filed against him with the Judicial Standards Commission. All complaints were determined to be unfounded.
23. Health is good.
30. Civic, charitable, religious, educational, social, and fraternal organizations: St. Paul's Episcopal Church; Sigma Chi Fraternity; Houndslake Country Club; Woodside Plantation; Aiken Debutante Society
33. Five letters of reference:
(a) Patricia E. Guglieri, Branch Manager
P.O. Box 331, Langley, SC 29834
(b) Jim Bennett, President
The Weekend Gardener
P.O. Drawer 1607, Aiken, SC 29802
(c) John W. Harte, Esquire
P.O. Drawer 586, Aiken, SC 29802-0586
(d) Robert M. Bell, Esquire
Suite 1, 958 Millbrook Ave., Aiken, SC 29801
(e) B. Henderson Johnson, Jr., Esquire
P.O. Box 2619, Aiken, SC 29802-2619
Q. MR. LEE, YOU WERE LAST SCREENED NOVEMBER 4TH OF '83. YOU ARE 57. COMMISSIONERS ON GRIEVANCES, AGAIN, HAS NO PROBLEMS. JUDICIAL STANDARDS SAYS NO RECORD OF REPRIMANDS AGAINST YOU. YOU LIVE IN BENNETTSVILLE.
A. YES.
Q. BENNETTSVILLE CITY POLICE DEPARTMENT SAYS THEY DON'T HAVE ANYTHING ON YOU IN THEIR FILES. THE SHERIFF'S DEPARTMENT, SLED, MARLBORO COUNTY CLERK IS ALL NEGATIVE. I SAY NONE OF YOU HAVE ANY CONFLICT ON YOUR STATEMENT OF ECONOMIC INTEREST FORMS.
1. Jamie F. Lee
Home Address: Business Address:
598 Lakeshore Drive P.O. Box 22
Bennettsville, SC 29512 Bennettsville, SC 29512
2. He was born in Bennettsville, South Carolina on May 10, 1930.
Social Security Number: ***-**-*****
4. He was married to Mary Breeden on December 30, 1954. They have 3 children: James Colin, age 32 (employed by South Carolina Law Enforcement Division); Jamie F., Jr., age 31 (self-employed by Lee Construction Company); and Mary Louise, age 27 (retired).
5. Military Service: U.S. Army; April 1948 - April 1953; SGT. RA14259728; Honorable Discharge; 1957-1985, USAF Reserve; Lt. Col.; ***-**-*****; Retired
6. He attended the University of South Carolina, 1953-1956, BS in Business Administration and the University of South Carolina Law School, 1956-January 1959, LLB.
8. Legal Experience since graduation from law school:
He engaged in the general practice since admission to the Bar, including civil, criminal and domestic practice. He also represented the school district in desegregation cases and administrative proceedings from 1966 to 1983. He represented municipal governments, including utility rate cases, 1975-1983; Family Court Judge, 1983 to date.
13. Judicial Office: Appointed Family Court Judge, 1982; elected Family Court Judge, 1983-1984 and 1984-1988
14. Public Office: South Carolina House of Representatives, 1962-1966, elected; Bennettsville Board of School Trustees, 1967-1970, appointed; and Chairman, Marlboro County Election Commission, April 1970-1982, appointed
15. He was an unsuccessful candidate for the Family Court Judgeship in 1977.
22. Disciplined: He has not been disciplined or cited for a breach of ethics or unprofessional conduct. Two complaints were filed and dismissed. (1) He sentenced a man in a contempt proceeding when he had represented his wife in a default action some years previously. (2) A litigant complained that he would not allow him to represent himself in a contested custody action with jurisdictional questions.
23. Health is good.
25. He uses a hearing aid.
30. Civic, charitable, religious, educational, social, and fraternal organizations: Masonic Order; Order of the Shrine; American Legion; United Way
33. Five letters of reference:
(a) J. Aubrey Crosland
Carolina Bank
P.O. Box 677, Bennettsville, SC 29512
(b) J.C. McAlpine, M.D.
210 Market Street, Bennettsville, SC 29512
(c) Hon. Jennings K. Owens, M.D., Mayor
City of Bennettsville
P.O. Box 1036, Bennettsville, SC 29512
(d) Jack Rogers, Executive Director
Marlboro County Industrial Development Board
P.O. Box 653, Bennettsville, SC 29512
(e) William A. Rogers, President
Marlboro County Bar Association
P.O. Box 974, Bennettsville, SC 29512
Q. JUDGE BURNSIDE, YOU ARE LUCKY BECAUSE I WAS GOING TO GIVE YOU A PARTICULARLY HARD TIME. YOUR CREDIT, OF COURSE, IS SATISFACTORY. THE APPROPRIATE LAW ENFORCEMENT AGENCIES ARE ALL NEGATIVE; THE JUDGMENT ROLLS. AND THERE ARE NO COMPLAINTS AND NO REPRIMANDS. YOU INDICATE HERE, JUDGE, THAT YOU HAD A COLON POLYP REMOVED AND A KIDNEY STONE IN THE PAST 10 YEARS. IS THAT TWO TIMES OR ONE TIME? DIDN'T WE TALK ABOUT THIS BEFORE?
A. IT WAS TWO SEPARATE TIMES.
Q. OKAY. NO PROBLEMS?
A. NO PROBLEMS. IN ADDITION TO THAT, I HAVE BEEN OUT OF WORK 3 DAYS IN 11 YEARS OTHER THAN THE TIME I WAS IN THE HOSPITAL THOSE TWO TIMES.
Q. THAT WAS BEFORE YOU WERE SCREENED THE LAST TIME, WASN'T IT, ONE OF THEM?
A. YES, SIR.
1. Robert H. Burnside
Home Address: Business Address:
10850 Garners Ferry Road 1701 Main Street
Eastover, SC 29044 P.O. Box 192
Columbia, SC 29202
2. He was born in Columbia, South Carolina on May 20, 1933.
Social Security Number: ***-**-*****
4. He was married to Sara Carson Phifer on January 2, 1980. He has 3 children: Debra Burnside Rentz, age 31 (teaches mentally retarded children); Robert H., Jr., age 29 (Director, S.C. Pharmaceutical Association); and Ashley F., age 18 (student). (Previously granted no fault divorce on April 19, 1979 to Shelvy C. Burnside).
5. Military Service: U.S. Navy; Airman; 331-56-31; May 22, 1950 through May 19, 1954 (active duty 1/13/52 through 12/11/53); Honorable Discharge
6. He attended Presbyterian College, January 1954 to May 1957 (B.A. Degree) and the University of South Carolina Law School, September 1960 to January 1963.
8. Legal Experience since graduation from law school:
1963-1964 Assistant Trust Officer, S.C. National Bank
1964-1977 Private practice in Richland County, S.C.
1977-present Family Court Judge, Fifth Judicial Circuit
13. Judicial Office: Family Court, Fifth Judicial circuit; July 1, 1977 to present; also served ln Circuit Court from time to time
14. Public Office: South Carolina House of Representatives, September 14, 1971 through June, 1977; elected
15. He was an unsuccessful candidate for the South Carolina House of Representatives in 1970.
21. He was sued as a Family Court Judge by a disappointed party in a divorce action. He was a Defendant with the Governor and numerous other state officials. The case was abandoned by the Plaintiff.
23. Health is good.
24. Hospitalized: He has had a colon polyp removed and a kidney stone removed in the past ten years.
33. Five letters of reference:
(a) Deborah A. Shuler, Assistant Vice President
Standard Federal Savings & Loan Assn.
7347 Garners Ferry Road, Columbia, SC 29209
(b) C. Joseph Roof, Esquire
P.O. Drawer 447, Columbia, SC 29202-0447
(c) Moulton A. Phifer, III
Richland County School District One
Dreher High School
701 Adger Road, Columbia, SC 29205
(d) Abb A. Jeffcoat, Jr., President
Russell & Jeffcoat Realtors Incorporated
1931 Assembly Street, Columbia, SC 29201
(e) Judith L. Shelley
Spring Valley High School
Sparkleberry Lane, Columbia, SC 29223
SENATOR SMITH: BACK ON THE RECORD.
Q. JUDGE CAMPBELL, YOUR SUMMARY IS UNREMARKABLE.
Q. YOU WERE LAST SCREENED IN NOVEMBER OF '83. NOTHING IS PARTICULARLY CHANGED SINCE THAT TIME. YOU STILL DON'T HAVE ANY PROBLEM WITH YOUR BACK.
A. CORRECT.
Q. AND ALL THE APPROPRIATE LAW ENFORCEMENTS ARE NEGATIVE AS ARE THE BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE AND COMMISSION ON JUDICIAL STANDARDS, NO COMPLAINTS OR REPRIMANDS. I WANTED TO ASK YOU, YOU INDICATED ON YOUR STATEMENT OF ECONOMIC INTEREST THAT YOU SPENT--IN THIS DAY AND TIME, WE CAN'T LEAVE THE THING HANGING. YOU BOUGHT $164.93 WORTH OF SOMETHING FROM THE RICHLAND COUNTY PRINT SHOP. THAT'S GOOD RECORD KEEPING. WHAT WAS THAT?
A. SENATOR, WE HAVE STATIONERY, OUR JUDICIAL STATIONERY THAT WE USE IN THE OFFICE IS PREPARED BY THE RICHLAND COUNTY PRINT SHOP AND THEY DO IT AT COST AND WE PURCHASE IT AND WE HAVE TO SHOW THAT ON THE STATEMENT OF ECONOMIC INTEREST BECAUSE IT FALLS WITHIN ONE OF THE CATEGORIES.
Q. THANK YOU.
1. William M. Campbell, Jr.
Home Address: Business Address:
1823 Heyward Street P.O. Box 192 Columbia, SC 29205
Columbia, SC 29202
2. He was born in Raleigh, North Carolina on July 11, 1938.
Social Security Number: ***-**-*****
4. He was married to Susan Elizabeth Hilfer on June 12, 1982. (Previously divorced: February 7, 1977, William M. Campbell, The Court of First Instance of Santo Domingo, incompatibility and February 23, 1981, Diane Follingstad, Richland County (SC) Family Court, adultery)
5. Military Service: None
6. He attended The Citadel, 1957 and 1958 (left because of disinterest in academic affairs); the University of South Carolina, 1960-1962, B.S. (Marketing); the University of South Carolina, 1964 and 1965, MBA; and the University of South Carolina Law School, 1975- 1977, Juris Doctor.
8. Legal Experience since graduation from law school:
December 1977 - September 1978, parttime legal researcher for law firm of Sanders & Quackenbush; October 1978 - March 1982, Special Prosecutor, Fifth Circuit (SC) Solicitor; and April 1982 June 1983, private practice as a partner in the law firm of Cotty & Campbell
13. Judicial Office: June 1983 to present, Judge of the Family Court for the Fifth Judicial Circuit, elected
14. Public Office: South Carolina House of Representatives, 1975-1983
17. Other Business: 1962-1964, IBM Corporation/sales; 1966-1967, Acting Head of Data Processing Dept., Midlands TEC; 1967-1969, Carolina Equipment & Parts and Turner Coleman, Inc./sales; 1969-1975, Manager of Administrative Services, Richtex Corporation; 1974-1980, Environment Research Center, Inc. - environment consulting; Occasional personal environment consulting, 1980 to June 1983
18. Charges: 1960, hunting on posted land, mailed $25 fine to magistrate; 1964, violation of watercraft regulations (insufficient number of flotation devices onboard boat), $25 fine; and 1987, forfeited $200 bond on charge of hunting doves over a baited field
19. In 1978 the South Carolina Tax Commission inquIred into the delayed filing of certain state tax returns. However, no basis was found to assess any penalty except the usual civil penalty and interest for late filing.
22. Disciplined: On February 7, 1977, Mr. W.M. "Monk" Shand, registered lobbyist for the United States Brewers Association, Inc., filed a complaint against him with regard to his legislative activities on behalf of the "Bottle Bill." The House Ethics Committee dismissed the complaint. Three complaints by litigants to the Commission on Judicial Standards were all deemed unfounded.
23. Health is good.
24. He was hospitalized for approximately 12 days in November 1981 for surgery on the lower back. He had a recovery period of three to four weeks.
25. He uses reading glasses to correct mild farsightedness and has some high frequency loss in hearing.
30. Civic, charitable, religious, - educational, social, and fraternal organizations: Ducks Unlimited; Sierra Club; Columbia Sailing Club; Fripp Island Club; Hobie Fleet 141
33. Five letters of reference:
(a) Joel A. Smith, III, President
NCNB
P.O. Box 448, Columbia, SC 29202
(b) Hon. Barbara A. Scott
Clerk of Court, Richland County,
P.O. Box 1781, Columbia, SC 29202
(c) Robert L. Gandy, Jr.
150 Cheshire Drive, Columbia, SC 29210
(d) Hon. James C. Anders
Solicitor, Fifth Judicial Circuit
1701 Main Street, Columbia, SC 29201
(e) Harry W. Davis, Jr., Commissioner
Youth Services
P.O. Box 7367, Columbia, SC 29202
Q. JUDGE HALL, YOU ARE THE LAST ONE IN THIS GROUP, AREN'T YOU?
A. YES, SIR, I THINK SO.
Q. Y'ALL ARE KEEPING UP WITH THIS AND MAKING SURE I GET IT CORRECT, AREN'T YOU?
A. TRYING OUR BEST.
Q. YOU WERE LAST SCREENED IN NOVEMBER OF '83. THE LAW ENFORCEMENT RECORDS ARE ALL NEGATIVE AS TO YOU AND COMMISSIONERS AND GRIEVANCES HAS NO RECORD OF COMPLAINTS; AND STANDARDS HAS NO RECORD OF REPRIMAND. YOUR HERNIA IS ALL RIGHT NOW?
A. YES, SIR.
1. Stuart H. Hall
Home Address: Business Address:
1303 W. Rutledge Avenue P.O. Box 122
Gaffney, SC 29340 Gaffney, SC 29342
2. He was born in Gaffney, South Carolina on August 22, 1941.
Social Security Number: ***-**-*****
4. He was married to Eleanor Kay Chappell on June 14, 1968. He was previously divorced in 1967 in Richland County Court on the ground of desertion for more than one year. He has 3 children: Elizabeth Whitner O'Dowd, age 24; Katherine Joyce, age 17; and Eleanor Caroline, age 17.
5. Military Service: None
6. He attended the University of South Carolina 1959-1963 (B.A.) and the University of South Carolina Law School, 1963-1966 (J.D.).
8. Legal Experience since graduation from law school:
Hall, Hall & Daniel, 1966-1977
13. Judicial Office: City Recorder, City of Gaffney, appointed; Cherokee County Family Court Judge and Master in Equity, appointed 1977; and Family Court Judge of South Carolina
23. Health is good.
24. He was hospitalized and out of work for ten days in 1985 due to a hernia operation.
30. Civic, charitable, religious, educational, social, and fraternal organizations: Crust Breakers
33. Five letters of reference:
(a) Barry S. Morgan, Vice President and City Executive
C & S National Bank of South Carolina
P.O. Box 580, Gaffney, SC 29342
(b) The Reverend David Acrill Fort
Box 608, Gaffney, SC 29342
(c) H.B. Kelly, Jr
P.O. Box 1657, Gaffney, SC 29342
(d) Louis C. Sossamon, Publisher
THE GAFFNEY LEDGER
P.O. Box 670, Gaffney, SC 29342
(e) H.L. Frieze, Jr.
P.O. Box 5887, Spartanburg, SC 29304
SENATOR SMITH: ALL RIGHT, I THINK--HAVE ANY OF YOU THAT I'VE JUST SCREENED AS A GROUP HAD ANY--WE'VE GOT A CROWD STANDING IN THE DOOR THAT HAS ABSOLUTELY NO IDEA WHAT'S GOING ON, YOU UNDERSTAND THAT. ANYBODY HAVE ANY STATEMENT THEY WOULD LIKE TO MAKE? ANYTHING TO ADD? JUDGE BURNSIDE: IF WE MADE MORE MONEY, WE WOULD PROBABLY HAVE CREDIT REFERENCES BETTER THAN SATISFACTORY.
SENATOR SMITH: ALL RIGHT; NOW, LET'S TRY JUDGE RIVERS, JUDGE BRIDGES. I FIGURED Y'ALL WOULD BE ALL ACROSS THE WAY OVER THERE. COME ON IN AND HAVE A SEAT. HOW MANY MORE PEOPLE HAVE WE GOT. BE DELIGHTED TO HAVE YOU WHO HAVE BEEN SCREENED STAY OR YOU CAN LEAVE, YOU KNOW. AND, AGAIN, I APOLOGIZE FOR THIS SORT OF UNUSUAL PROCEEDING.
SENATOR SMITH: LET ME EXPLAIN TO THOSE OF YOU WHO JUST CAME IN WHAT IS HAPPENING. WE ARE TRYING TO DO TWO SCREENINGS AT ONE TIME. AND SINCE THESE WERE ROUTINE AND THE COMMITTEE APOLOGIZES FOR IT, AGAIN, BUT SINCE THESE WERE MORE OR LESS ROUTINE, IT WAS THOUGHT THAT I COULD HOLD THOSE WHILE THE COMMITTEE GOES ON WITH THE OTHER SCREENING IN THE GRESSETTE BUILDING. WE WOULD BE DELIGHTED TO HAVE YOU ATTEND, SIT IN ON IT. ON THE OTHER HAND, MOST JUDGES I KNOW WANT TO BE AS FAR AWAY FROM THERE AS THEY CAN GET, AND SOME OF THE MEMBERS OF THE COMMITTEE; AND AS CHAIRMAN, I OFFERED TO COME OVER HERE. THIS IS MUCH MORE PLEASANT. AND, SO, WHAT I'M TRYING TO DO IS TO TAKE THE ROUTINE OF THE ROUTINE AND SORT OF TAKE THEM UP IN GROUP. AND, SO, AT THIS TIME I'M GOING TO ASK IF IN THE NINTH CIRCUIT WE WILL PROCEED TO TAKE UP JUDGE RIVERS; IN THE NINTH CIRCUIT, JUDGE BRIDGES; IN THE TENTH CIRCUIT, JUDGE CURETON; IN THE TWELFTH CIRCUIT, JUDGE CALDWELL; AND THE THIRTEENTH CIRCUIT, JUDGE SMITH; AND THE THIRTEENTH CIRCUIT, JUDGE BOARD; AND FOURTEENTH CIRCUIT JUDGE KLECKLEY; FIFTEENTH CIRCUIT, JUDGE HEARN; SIXTEENTH CIRCUIT, JUDGE WILBURN. ARE ALL OF YOU PRESENT? JUDGE HEARN: I DON'T SEE JUDGE BOARD.
SENATOR SMITH: JUDGE BOARD IS NOT HERE. ALL RIGHT. SO I WOULD ASK ALL OF YOU AT THIS TIME TO STAND, THAT I HAVE JUST CALLED, TO STAND AND TAKE THE OATH.
(HONORABLE L. MENDEL RIVERS, CANDIDATE FOR JUDGE OF THE FAMILY COURT OF THE NINTH JUDICIAL CIRCUIT, SEAT #2; HONORABLE JUDY C. BRIDGES, CANDIDATE FOR JUDGE OF THE FAMILY COURT OF THE NINTH JUDICIAL CIRCUIT, SEAT #3; HONORABLE ROBERT H. CURETON, CANDIDATE FOR JUDGE OF THE FAMILY COURT OF THE TENTH JUDICIAL CIRCUIT, SEAT #2; HONORABLE WYLIE H. CALDWELL, JR., CANDIDATE FOR JUDGE OF FAMILY COURT OF THE TWELFTH JUDICIAL CIRCUIT, SEAT #3; HONORABLE WILLIE T. SMITH, JR., CANDIDATE FOR JUDGE OF THE FAMILY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT, SEAT #3; HONORABLE ALBERT L. KLECKLEY, CANDIDATE FOR JUDGE OF THE FAMILY COURT OF THE FOURTEENTH JUDICIAL CIRCUIT, SEAT #2; HONORABLE KAY G. HEARN, CANDIDATE FOR JUDGE OF THE FAMILY COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, SEAT #2; HONORABLE DAVID N. WILBURN, CANDIDATE FOR JUDGE OF THE FAMILY COURT OF THE SIXTEENTH JUDICIAL CIRCUIT, SEAT #1, WERE SWORN BY SENATOR SMITH.) SENATOR SMITH: HAVE ALL OF YOU HAD AN OPPORTUNITY TO REVIEW THE QUESTIONNAIRE OR OUR SUMMARY OF YOUR QUESTIONNAIRE AND IS THERE ANYTHING IN THERE WE NEED TO CHANGE OR CORRECT BECAUSE OF WHAT WE WILL DO, OF COURSE, IS PUT IT IN THE JOURNAL.
JUDGE RIVERS: MR. CHAIRMAN.
SENATOR SMITH: YES SIR.
JUDGE RIVERS: I CALLED MRS. SATTERWHITE AND TOLD HER THE SPELLING OF ONE OF MY CHILDREN'S NAMES IS INCORRECT.
SENATOR SMITH: WE NEED TO GET THAT STRAIGHT FOR THE RECORD. LET'S SEE JAMES A-B-A-Y-D.
JUDGE RIVERS: IT'S NOT THAT ONE. IT'S CHARLES FRANCIS.
SENATOR SMITH: ALL RIGHT, SIR.
JUDGE RIVERS: IT'S F-R-A-N-C-I-S.
SENATOR SMITH: F-R-A-N-C-I-S; GOOD, IT HAS BEEN CORRECTED ON THE ORIGINAL NOW. THANK YOU.
JUDGE RIVERS: THANK YOU.
SENATOR SMITH: ANYTHING WE OUGHT TO ADD TO ANYBODY'S?
SENATOR SMITH: IS THERE ANY OBJECTION THEN IF WE INCLUDE IT--OF COURSE, IT WILL BE IN THE JOURNAL SEPARATELY. WE HAVE WAYS TO HANDLE OUR RECORDS THAT YOU DON'T.
JUDGE WARSHAUER: SENATOR SMITH.
SENATOR SMITH: YES, SIR.
JUDGE WARSHAUER: I WAS ON VACATION. I DON'T THINK I SAW MINE. DO YOU HAVE IT SO I CAN BE LOOKING IT OVER WHILE YOU'RE--
SENATOR SMITH: ALL RIGHT, LET'S SEE.
JUDGE WARSHAUER: IT'S WARSHAUER.
SENATOR SMITH: YES, SIR, I KNOW. (HANDED DOCUMENT TO JUDGE WARSHAUER.)
JUDGE WARSHAUER: ALL RIGHT.
SENATOR SMITH: IS THERE ANY OBJECTION THEN, I BELIEVE I ASKED YOU, IF WE GO AHEAD AND PUT THESE IN THE RECORD AS IF YOU HAD TESTIFIED TO IT?
SENATOR SMITH: I WILL SAY AS TO ALL OF YOU THAT YOU WERE ALL, I BELIEVE, LAST SCREENED IN NOVEMBER OF '83. HAVE THERE BEEN ANY BASIC CHANGES? THERE REALLY HAVEN'T FOR ANY OF YOU.
JUDGE HEARN: SENATOR, I WAS SCREENED IN '86 BECAUSE I FILLED THE UNEXPIRED TERM OF JUDGE HOFFMAN.
SENATOR SMITH: THAT'S CORRECT.
JUDGE HEARN: I WAS NOT SCREENED IN '83.
SENATOR SMITH: BUT AS TO ALL OF YOU, THE APPROPRIATE- LAW ENFORCEMENT RECORDS ARE CORRECT. YOUR STATEMENT OF ECONOMIC INTEREST--I'M INTERESTED THAT JUDGE RIVERS IS OCCASIONALLY A NEWSPAPER COLUMNIST; BUT AS TO ALL OF YOU, YOUR RECORD IS CLEAR WITH THE LAW ENFORCEMENT; YOUR CREDIT IS SATISFACTORY AND NEITHER SLED NOR THE F.B.I. HAVE FOUND ANYTHING ON YOUR RECORD. WOULD ANY OF YOU LIKE TO MAKE ANY COMMENT?
JUDGE RIVERS: YES.
SENATOR SMITH: YES, SIR.
JUDGE RIVERS: I WOULD LIKE TO SAY THAT I'M DELIGHTED TO BE AMONG THE ROUTINE OF THE ROUTINE AND, IN FACT, I WOULD BE HAPPY TO BE INVISIBLE AFTER WHAT HAPPENED.
SENATOR SMITH: I MEANT, WELL, I THINK Y'ALL KNOW I MEANT THAT AS A COMPLIMENT.
JUDGE RIVERS: YES, SIR, I CONSIDER IT AS SUCH. THANK YOU.
SENATOR SMITH: I COULD GET YOU A GOOD SEAT OVER THERE ACROSS THE ROAD.
JUDGE RIVERS: PLEASE, I AM HAPPY WHERE I AM.
JUDGE CALDWELL: SENATOR.
SENATOR SMITH: YES, SIR.
JUDGE CALDWELL: JUST TO CLARIFY SOMETHING, JUDGE NUESSLE INDICATED THAT HE REPORTED TO YOU THAT HE--SOMEBODY HAD FILED COMPLAINTS THAT WERE DETERMINED UNFOUNDED BY THE JUDICIAL STANDARDS COMMISSION. I HAVE HAD ONE OF THOSE AND DID NOT REPORT THAT. THE JUDICIAL STANDARDS COMMISSION, WHICH I SERVE ON---
SENATOR SMITH: YES, SIR.
JUDGE CALDWELL:--TAKES THE POSITION THAT IF THE COMPLAINT IS UNFOUNDED, THEN YOU ARE NOT REQUIRED TO REPORT IT.
SENATOR SMITH: I THINK THAT IS CORRECT.
JUDGE CALDWELL: NOW, YOU KNOW, IF THAT'S WHAT Y'ALL WANT FROM US, THEN I'D BE GLAD TO DO IT.
SENATOR SMITH: NO, SIR.
JUDGE CALDWELL: BUT I DID NOT REPORT ONE THAT I HAD HAD FILED AND WAS UNFOUNDED.
SENATOR SMITH: SOME DO AND SOME DON'T. WE DON'T REALLY REQUIRE IT. THE PROBLEM IS THAT IF YOU DON'T DO IT AND FOUR YEARS FROM NOW OR WHENEVER YOU RUN FOR SOMETHING ELSE, A CITIZEN COMES FORWARD AND SAYS, WELL, LOOK, YOU KNOW, HE SAYS HE HAD NO COMPLAINTS AND I WROTE THEM THIS LETTER 10 YEARS AGO; AND THAT'S THE QUANDARY AND THAT IS SOMETHING THAT OUR COMMITTEE AND JUDICIAL STANDARDS AND THE COURT, WE NEED TO TRY TO WORK OUT TO ELIMINATE THAT POSSIBLE PROBLEM. WE HAVE SIMILAR SITUATIONS FROM TIME TO TIME THAT COME UP LIKE THAT WHERE, FOR INSTANCE, WE HAVE HAD THE CASES WHERE YOU ASK HAVE YOU EVER BEEN SUED AND YOU SAY NO. IT IS CONCEIVABLE, I HAVE DISCOVERED, THAT YOU CAN BE SUED AND NOT KNOW ABOUT IT, PARTICULARLY IN THE FEDERAL COURT. AND THAT HAS COME UP A TIME OR TWO AND THOSE ARE THE KINDS OF LITTLE THINGS THAT WE WANT TO TRY TO FLUSH OUT IN THE SYSTEM AND, SO, WE ARE CONSISTENT ALL THE TIME. BUT THE ANSWER TO THE QUESTION IS, IT'S NOT REQUIRED.
JUDGE CALDWELL: MIGHT ASK YOU ONE MORE QUESTION.
SENATOR SMITH: YES, SIR.
JUDGE CALDWELL: IN VIEW OF JUDGE CAMPBELL'S REMARKS ABOUT THE RICHLAND PRINT SHOP, THE FLORENCE COUNTY IN THE COURTHOUSE OPERATES A SUPPLY STORE FROM WHICH ANYBODY WHO IS AN EMPLOYEE IN THAT BUILDING CAN PURCHASE OFFICE SUPPLIES, SUCH AS, LEGAL PADS, PENS, PENCILS, AND THAT KIND OF THING. WE DO THAT. I DID NOT REPORT THAT ON MY ECONOMIC INTEREST STATEMENT. I DON'T KNOW THAT IT'S ANY CHEAPER THERE THAN ANYWHERE ELSE. IT'S JUST CLOSER. SENATOR SMITH: I SAW THE SIGN ON THAT DOOR THE OTHER DAY. HAVE YOU READ THE SIGN ON THE DOOR?
JUDGE CALDWELL: NO.
SENATOR SMITH: IT IS THE MOST INVOLVED SET OF BUREAUCRATIC NONSENSE I'VE EVER SEEN IN MY LIFE. IT GOES SOMETHING LIKE THIS: ALL VOUCHERS FOR REQUESTED MATERIALS MUST BE IN THIS OFFICE PRIOR TO 11:00 O'CLOCK A.M. NO ONE IS HERE AT THIS TIME. NO ONE WILL BE HERE UNTIL 2:00 O'CLOCK THIS AFTERNOON. PUT YOUR VOUCHER IN THE BASKET IF YOU WANT DELIVERY BEFORE 3:00. THIS OFFICE WILL BE OPEN AT 3:00 FOR DELIVERY OF YOUR REQUESTED MATERIALS. IF YOU WANT THINGS THIS DAY, YOU MUST VOUCHER THEM. ANYWAY, IT GOES ON AND ON AND ON. I COULD HAVE WALKED DOWN THE STREET TO THE OFFICE SUPPLY PLACE AND BY THE TIME I READ THE SIGN, BUT ANYHOW.
JUDGE CALDWELL: I MIGHT HAVE TO MENTION THAT TO MY SECRETARY. MAYBE SHE COULD, TOO.
SENATOR SMITH: AND LET ME SAY, JUDGE CALDWELL, ON THE POINT YOU RAISE, AND I THINK IT IS IMPORTANT FOR US TO RECOGNIZE, AND YOU ALL DO, HOW VERY CAREFUL WE NEED TO BE. AND I'M NOT LECTURING JUDGES. YOU KNOW IT BETTER THAN I DO. BUT I THINK FOR ALL OF US THIS DAY AND TIME IT'S EXTREMELY IMPORTANT THAT WE WATCH AND LOOK VERY CAREFULLY. AND I BELIEVE JUDGE JOHN HAMILTON SMITH IN AN INTERVIEW RECENTLY SAID SORT OF THE SAME THING. JUDGE WALLER COMMENTED THE SAME THING WHEN WE HAD THE CIRCUIT COURTS UP HERE. WE LIVE IN A DIFFICULT TIME, BUT ALL OF YOU HOLD THE VERY HIGHEST TRADITIONS OF ETHICAL AND LEGAL AND JUDICIAL CONDUCT, AND I APPRECIATE IT, AND I KNOW EVERYONE DOES. AND ON BEHALF OF THE GENERAL ASSEMBLY, NOT THAT I'M ENTITLED TO SPEAK FOR THEM, BUT I WANT TO SAY HOW MUCH WE APPRECIATE YOUR SERVICE. ANY OTHER COMMENTS FROM ANY OF YOU IN THE LAST GROUP, IF YOU HAVEN'T FORGOTTEN WHO YOU WERE? YES, MA'AM.
JUDGE BRIDGES: I HAVE A COMMENT. JUDY BRIDGES.
SENATOR SMITH: YES, MA'AM.
JUDGE BRIDGES: THAT I DID REPORT A COMPLAINT. IT WAS UNFOUNDED. YOU DIDN'T MENTION IT.
SENATOR SMITH: YOU'RE RIGHT.
JUDGE BRIDGES: BUT I THINK I SHOULD SAY SO, ALSO, ALTHOUGH IT CAME BACK UNFOUNDED.
SENATOR SMITH: DID ANYONE ELSE? SEEMS LIKE I MIGHT HAVE MISSED ANOTHER ONE, BUT I THINK YOU ARE COVERED IF YOU MENTIONED IT. BUT IT WAS UNFOUNDED COMPLETELY ACCORDING TO THE RECORDS.
JUDGE CALDWELL: WELL, LET ME SAY ONE MORE THING. THIS DOESN'T HAVE TO BE ON THE RECORD.
SENATOR SMITH: WE WILL GO OFF THE RECORD.
1. L. Mendel Rivers, Jr.
Home Address: Business Address:
913 Dills Bluff Road P.O. Box 934
Charleston, SC 29412 Charleston, SC 29402
2. He was born in Alexandria, Virginia on October 6, 1947.
Social Security Number: ***-**-*****
4. He was divorced on May 9, 1986 in the Family Court of Charleston County on the ground of one year's separation. He has 3 children: L. Mendel, III, age 11; James Abyad, age 9 and Charles Francis Middleton, age 8.
5. Military Service: Commissioned as: Ensign, Judge Advocate General's Corp, US Naval Reserve, June 12, 1969. He served 12 years in the US Naval Reserve and presently on IRR (Individual Ready Reserve) Status with grade of Commander.
6. He attended Princeton University, Princeton, New Jersey, 1965-1966 (transferred to attended Georgetown University; Georgetown University, Washington, D.C., 1966-1969, awarded B.S.L. (Bachelor of Science in Languages); and Georgetown University Law Center, Washington, D.C., 1969-1972, awarded J.D. Degree.
8. Legal Experience since graduation from law school:
November 1972 - August 1973, private practice of law with Dan M. David, Esquire, Charleston, South Carolina
August 1973 - October 1974, associate with Young, Clement & Rivers, Attorneys, Charleston, South Carolina
October 1974 - April 1975, private practice of law with Thomas P. Lesesne, III, Esquire, Charleston, South Carolina
April 1975 - May 1978, partner, Tillman and Rivers, Attorneys at Law, North Charleston, South Carolina
May 1978 - present, Family Court Judge, Ninth Judicial Circuit
13. Judicial Office: He was elected March, 1978 and began serving May 15, 1978, as Judge of the Family Court of the Ninth Judicial Circuit, Seat #1, serving continuously since.
14. Public Office: He was elected November, 1972 to, the South Carolina House of Representatives. He served one term of two years.
15. Unsuccessful candidate: He ran unsuccessfully for the South Carolina Court of Appeals in June, 1983 for the seat now being held by C. Tolbert Goalsby, Jr.
17. He was a member of the Board of Directors of S,H,T & R Corporation, 1977-1978. This was an unsuccessful business selling souvenir and novelty items. He was a member of the Board of Directors of the Bank of North Charleston, North Charleston, South Carolina, 1974-1978. This was a local bank which merged with the National Bank of South Carolina in 1979.
21. Sued: The Family Court of the Ninth Judicial Circuit has been the subJect of several lawsuits in U.S. District Court since he was elected in 1978. He was a named Defendant in some of those law suits. He never was closely connected with any of the litigation and never testified in Court or in deposition. To the best of his knowledge, all law suits have been dismissed or settled.
22. He has never been disciplined or cited. These have been complaints made to the Judicial Standards Commission, all of which were dismissed at the initial stage.
23. Health is good.
25. He is nearsighted and wears contact lenses. His vision is corrected to 20/20. He suffers from a pre-glaucoma condition which is being treated by a prescription drug. There are no symptoms as yet, and his vision presently is normal. Hearing is alio normal, and he has no other physical handicaps.
27. He suffered from anxiety due to the pressure of exams in college and law school and consulted psychiatrists occasionally during that period. Since that time he has consulted psychiatrists occasionally for stress, pressure and marital problems. He has never been hospitalized or institutionalized for any mental condition, nor has he lost time from work due to a mental condition.
30. Civic, charitable, religious, educational, social, and fraternal organizations: Member, Landmark Lodge #76; Ancient Free Masons of S.C.; President and Chairman of the Board, Berkeley County L. Mendel Rivers Memorial Association (an organization of Rivers family members and interested Berkeley County citizens who are restoring the boyhood home of the late Congressman L. Mendel Rivers in Berkeley County.
33. Five letters of reference:
(a) Robert A. Daniel, Jr., Vice President Southern National
P.O. Box 935, Charleston, SC 29402
(b) Deborah Peeples
1203 E. Arctic Avenue, Folly Beach, SC 29439
(c) John L. Creson, Esquire
P.O. Box 1497, Augusta, GA 30903
(d) Edmonds T. Brown, III, Esquire
P.O. Box 1082, North Charleston, SC 29406
(e) Kathryn L. Beeson, R.Ph..
20 South Hampton Drive, Charleston, SC 29407
1. Judy Cone Bridges
Home Address: Business Address:
184 Tradd Street #2 Courthouse Sq. Annex
Charleston, SC 29401 P.O. Box 934
Charleston, SC 29402
2. She was born in McKinney, Texas on March 30, 1945.
Social Security Number: ***-**-*****
4. She was married to James Leland Bridges on September 24, 1977. They have 1 child: Sarah Leland, age 5 1/2
6. She attended Winthrop College, 1963-1966, B.A. History & Asian Studies; Florida State University, 1966-1967, M.A. East Asian Studies; University of South Carolina, 1968-1973, 18 graduate hours in addition to master's degree (education); University of South Carolina Law School, 1974-1976, J.D. Law; University of Notre Dame Law School (London, England) Summer Study, 1975, Family Law, School Law, Jurisprudence; University of Denver Law School Summer Study, 1976, Trial Tactics & Juvenile Defense Clinic; National Judicial College, University of Nevada (completed certificates), 1978 (Evidence Seminar/1 week), 1979 (Search & Seizure/1 week), 1980 (General Jurisdiction/3 weeks), 1981 (Criminal Evidence/1 week), and 1982 (Faculty Advisor: Special Jurisdiction/2 weeks)
8. Legal Experience since graduation from law school:
She graduated from the University of South Carolina Law School in December 1976, and she was admitted to the South Carolina Bar in May 1977. In September 1977, she was an Associate of Leonard Krawcheck's Law Office, engaged in the general practice of law. They represented Seabrook Island Company in real estate transactions and acted as general counsel. Real estate, contracts, and domestic law were the areas in which she specialized. From October 1977 to October 1978, she also represented the City of Charleston as Assistant Corporation Council with the responsibility of prosecuting criminal cases in the Municipal Court. Also it was her responsibility to represent the City in cases involving tort claims, government contracts, zoning issues and tax matters. From October 1978 to February 1983, she served as Associate Municipal Court Judge for the City of Charleston. In February 1983, she was elected as Family Court Judge for the Ninth Judicial Circuit, Seat #3. In February 1984, she was reelected as Family Court Judge for the Ninth Judicial Circuit, Seat #3 and has served continuously since.
13. Judicial Office: She served as Associate Municipal Court Judge for the City of Charleston from 1978 to 1983. The position is appointed by the Mayor, upon consent from City Council. The Court has a limited jurisdiction of $200.00 or thirty (30) days in the County Jail, and involves criminal cases only. Also, she was elected as Family Court Judge of the Ninth Judicial Circuit in February 1983 and reelected in February 1984 and has served continuously since. Jurisdiction is limited to domestic and Juvenile criminal actions.
17. From 1967 to 1974 she was a public school teacher, instructing high school social studies:
1967-1968, Athens, Georgia, World History and Sociology
1968-1971, Richland County School District #1 Social Studies
1971-1974, Sumter School District #7 Tenth Grade World History
23. Health is excellent.
24. She has never been hospitalized for more than ten days. In August 1982, she gave birth to her daughter. After two weeks, she began to work on a part-time basis and resumed a full-time schedule after one month. Since 1982, there has been no such hospitalization or incapacitation for more than ten days.
30. Civic, charitable, religious, educational, social, and fraternal organizations: Winthrop College Board of Visitors
33. Five letters of reference:
(a) Glenn H. Barrineau, Branch Manager
First Union National Bank of SC
P.O. Box 995, Charleston, SC 29401
(b) Charles S. Goldberg, President
Charleston County Bar
P.O. Box 9, Charleston, SC 29402
(c) Benjamin B. Smith, Rector
Grace Episcopal Church
99 Wentworth Street, Charleston, SC 29401
(d) Robert E. Watson, Esquire
P.O. Box 1118, Moncks Corner, SC 29461
(e) Leonard Krawcheck, Esquire
P.O. Drawer 1018, Charleston, SC 29401
1. Robert Holmes Cureton
Home Address: Business Address:
520 Robin Drive County Courthouse
Seneca, SC 29678 Walhalla, SC 29691
2. He was born in Pickens, South Carolina on September 22, 1937.
Social Security Number: ***-**-*****
4. He was married to Sarah Walker on June 20, 1959. They have 3 children: Martha Denise, age 24 (engineer); Patricia Anne, age 22 (engineer); and Kimberly April, age 15 (student).
5. Military Service: 1959-1960, United States Army (INF. CPT);
1960-1977, United States -Army Reserve (INF & JAGC, CPT)
6. He attended Clemson University, 1955-1959, B.S. and the University of South Carolina Law School, 1960-1963, LLB.
8. Legal Experience since graduation from law school:
February, 1963-1967, Associate, Holcombe and Bomar Spartanburg, SC
1967-1975, Partner, Holcombe, Bomar and Cureton Spartanburg, SC
April, 1975 - June, 1977, Judge, Civil, Criminal and Family Court of Oconee County
June, 1977 - Present, Family Court Judge Tenth Judicial Circuit
13. Judicial Office: April, 1975 - June, 1977, Judge, Civil, Criminal and Family Court of Oconee County (10 years and $15,000.00); June, 1977 - Present, Family Court Judge, Tenth Judicial Circuit
22. Disciplined: There was a complaint by letter dated August 25, 1987, by John M. Brown, Jr., which was dismissed November 25, 1987.
23. Health is good.
30. Civic, charitable, religious, educational, social, and fraternal organizations: Seneca Presbyterian Church (Elder); Spartan Lodge #70, A.F.M.; Hejaz Shrine Temple
33. Five letters of reference:
(a) Towns C. Ramey, Jr.
South Carolina National Bank
301 East Main Street, Seneca, SC 29678
(b) Archie I. Barron
401 Waterford Drive, Seneca, SC 29678
(c) R. Daniel Day, Esquire
P.O. Box 1587, Seneca, SC 29679-1587
(d) Julian L. Stoudemire, Esquire
P.O. Box 99, Seneca, SC 29679-0099
(e) Michael D. Glenn, Esquire
P.O. Box 917, Anderson, SC 29622-0917
1. Wylie H. Caldwell, Jr.
Home Address: Business Address:
1151 Brunwood Drive Box V, City-County Complex
Florence, SC 29501 Florence, SC 29501
2. He was born in Florence, South Carolina on August 29, 1942.
Social Security Number: ***-**-*****
4. He was married to Mary Gwynette McCurley on August 29, 1965. They have 2 children: Wendy, age 19 (student) and Benjamin Floyd, age 16 (student).
5. Military Service: U.S. Army Reserve; 1965-1971; E-5; Honorable Discharge
6. He attended the University of South Carolina, 1960-1964 (BA) and the University of South Carolina Law School, 1964-1967 (JD).
8. Legal Experience since graduation from law school:
He practiced law from 1967 until 1980 when he became a Family Court Judge. His law practice included property, domestic relations, criminal and personal injury work. He served as City Attorney, Assistant Solicitor and in other prosecutional positions while maintaining a private law practice.
13. Judicial Office: 1980 - present, Family Court Judge
He has also served periodically as a Special Circuit Judge.
14. Public Office: Florence County Council, 1977-1980, elected; Assistant Solicitor, 1974-1976; City Attorney, 1976-1977
23. Health is good.
30. Civic, charitable, religious, educational, social, and fraternal organizations: St. Luke Lutheran Church, Florence, South Carolina; Florence Country Club; Consteau Society
33. Five letters of reference:
(a) Charles K. Williams, Senior Vice President
South Carolina Federal
P.O. Drawer 4339, Florence, SC 29502
(b) Haigh Porter, President
Florence County Bar Association
P.O. Box 4337, Florence, SC 29502-1337
(c) Michael Ballenger, Esquire
P.O. Box 107, Florence, SC 29503
(d) J.M. Rainwater, Jr., President
Rainwater Furniture Company
1639 W. Palmetto Street, Florence, SC 29501
(e) Hon. George E. Terry
Clerk of Court, Florence County
Drawer E, City-County Complex,
Florence, SC 29501
1. Willie T. Smith, Jr.
Home Address: Business Address:
601 Jacob Road P.O. Box 757
Greenville, SC 29605 Greenville, SC 29602
2. He was born in Sumter, South Carolina on January 17, 1920.
Social Security Number: ***-**-*****
4. He was married to Anna Marie Clark on June 9, 1955. They have 1 son: Willie T., III, age 31 (sports writer).
5. Military Service: He served in the Army of the United States during World War II from February 1942 until December 1945 in North African, Mediterranean and Pacific Theaters of Operations; U.S. Air Force during the Korean Conflict, May 1949 until November 1952. Honorable Discharges; Rank, Technician 4th Class; Serial No. 34 250 614
6. He attended Benedict College in Columbia, South Carolina, September 1936 until February 1939 and September 1941 until February 1942 (drafted into Army); Johnson C. Smith University, Charlotte, North Carolina, September 1946 until August 1947 (AB); School of Law, South Carolina State College, Orangeburg, South Carolina, September 1947 until February 1949 and February 1953 until May 1954 (LLB now JD).
8. Legal Experience since graduation from law school:
1954-1967 Private practice of law
1967-1973 Assistant Director, Legal Services Agency of Greenville County
1973-1977 Executive Director of Legal Services Agency of Greenville County
1977 Family Court Judge
14. Public Office: Board of Trustees School District of Greenville County, 1973-1976; elected by the Board of Trustees; served 3 years
15. Unsuccessful candidate: In 1971. in ran at large for the School Board of Greenville County.
23. Health is good.
24. In December of 1980 he had prostate surgery.
30. Civic, charitable, religious, educational, social, and fraternal organizations: Rotary Club of Greenville; American Legion Post 231; Phi Alpha Chapter of Omega Psi Phi Fraternity; Mason; Shriner; Mattoon United Presbyterian Church--Elder
33. Five letters of reference:
(a) H. Ray Davis, Chairman and Chief Executive
Officer First Federal of South Carolina
P.O. Box 408, Greenville, SC 29602
(b) Richard J. Foster, Esquire
P.O. Box 2146, Greenville, SC 29602
(c) J.D. Todd, Jr., Esquire
P.O. Box 87, Greenville, SC 29602-0087
(d) C. Ben Bowen, Esquire
P.O. Box 2547, Greenville, SC 29602
(e) James C. Parham, Jr., Esquire
P.O. Box 10207, Greenville, SC 29603
1. Albert L. Kleckley
Home Address: Business Address:
P.O. Drawer X P.O. Drawer X
Highway 336 111 West Adams Street
Ridgeland, SC 29936 Ridgeland, SC 29936
2. He was born in.Ridgeland, South Carolina on September 26, 1943.
Social Security Number: ***-**-*****
4. He was married
5. Military Service: None
6. He attended the University of South Carolina, 1961-1965 (BA) and the University of South Carolina School of law, 1965-1969 (JD).
8. Legal Experience since graduation from law school:
He moved to Ridgeland, South Carolina after admission to the South Carolina Bar on September 10, 1969 and practiced with Walker & McKellar until 1971. He was a sole practitioner in Ridgeland, South Carolina from January 1, 1971 until elected Family Court Judge on July 1, 1977. He has also attended seminars sponsored by the South Carolina Bar.
13. Judicial Office: He was appointed Family Court Judge, Seat No. 2 of the Fourteenth Judicial Circuit on July 1, 1977 to present (statewide Jurisdiction in South Carolina).
14. Public Office: He was appointed to the Jasper County School Board, 1970-1971 and elected to the South Carolina House of Representatives, District No. 122, 1972-1976.
16. He is a stockholder in Kleckley Gas of Hardeeville, Inc., which is a closed family corporation. He receives no compensation and takes no active part in the business.
18. He was held for suspicion one night in Savannah, Georgia at the age of about 15 years old. He was released the next morning and charges were never filed.
19. He was under investigation involving his election to the South Carolina House of Representatives, but the investigation was dismissed.
21. His opponent in his election to the South Carolina House of Representatives filed several suits in 1974 against him, the Governor of South Carolina, the Election Commission, the Jasper County Election Commission and probably many others. He also had a mechanics lien filed against him on a piece of property, as a subdivision owner, but the action was dismissed. He also had a friendly lawsuit with his present wife in January of 1983 whereby division of property was agreed upon. He was also sued by a litigant in January of 1983 which was placed on inactive status. He was involved in an administrative procedure with the South, Carolina Coastal Council in 1987 over a dock permit which was settled.
23. Health is good.
24. He was hospitalized on February 19, 1978 for a broken jaw, skull fracture and concussion. His jaw was wired up for months. He had a shoulder separation repaired in May of 1973 or 1974 and was hospitalized for 11 days. He had ruptured disks removed in September of 1987 with complications. He returned to work on December 17, 1987.
26. He sees Dr. Wirth, #4 Jackson Boulevard, Savannah, Georgia 31499-3501 for aftercare for back.surgery.
30. Civic, charitable, religious, educational, social, and fraternal organizations: Ridgeland Little League Baseball and Football Association
33. Five letters of reference:
(a) James R. Rhodes, Jr., Vice President
First National Bank
P.O. Box 880, Ridgeland, SC 29936
(b) Gary D. Brown, Esquire
P.O. Box 418, Ridgeland, SC 29936
(c) Cornelius J. Riley, Esquire
P.O. Box 1125, Hardeeville, SC 29927-1125
(d) Darrell Thomas Johnson, Jr., Esquire
P.O. Box 1125, Hardeeville, SC 29927-1125
(e) Joseph N. Malphrus, Individually, and as
President Jasper County Bar Association
P.O. Drawer M, Ridgeland, SC 29936
1. Kaye Gorenflo Hearn
Home Address: Business Address:
507 Ninth Avenue P.O. Box 406
Conway, SC 29526 Conway, SC 29526
2. She was born in Delaware, Ohio on January 30, 1950.
Social Security Number: ***-**-*****
4. She was married to George M. Hearn, Jr. on February 16, 1980. (Previously divorced by Order of the Honorable John Black dated November 13, 1978. R. Howard Grubbs was the moving party, and the ground was desertion).
6. She attended Bethany College, 1968-1972 (B.A. History, magna cum laude), Edinboro College, 1973-1974 (left Master's Degree program to attend law school), and University of South Carolina School of Law, 1974-1977 (J.D., cum laude).
8. Legal Experience since graduation from law school:
April, 1977 - August, 1979, law clerk to the Honorable J. B. Ness, Associate Justice, S.C. Supreme Court; September, 1979 - January, 1981, associate with Stevens, Stevens & Thomas; January, 1981 - June, 1986, partner in law firm of Stevens, Stevens, Thomas, Hearn & Hearn, P.A.; July, 1986 - present, Resident Judge of the Family Court of the Fifteenth Judicial Circuit
13. Judicial Office: Elected Family Court Judge of the Fifteenth Judicial Circuit on May 25, 1986. She has been serving continuously in this capacity since being sworn into office on June 20, 1986.
21. She was sued for divorce by her first husband, R. Howard Grubbs, in 1978. The ground for divorce was desertion for a period of one year. She was also sued in her capacity as Bar Examiner in the case of John V. Crangle v. Board of Law Examiners of South Carolina, et al. Her dismissal as a party in this action is being sought since she had already been elected to the Family Court Bench when the Plaintiff failed the bar exam in question, and therefore, was not a Bar Examiner on that date. She understands from the Attorney General's Office that the Magistrate has filed a report recommending dismissal of the entire case.
23. Health is excellent.
25. She wears corrective lenses.
30. Civic, charitable, religious, educational, social, and fraternal organizations: Member of the Vestry at St. Paul's Episcopal Church, Conway; Member of the choir of St. Paul's Episcopal Church, Conway; Member of the Horry County Arts Task Force; Member of the Governor's Committee on Criminal Justice, Crime and Delinquency, Member of Victim Assistance Subcommittee (Subcommittee of the Governor's Committee on Criminal Justice); Member of the Criminal Classification Subcommittee (Subcommittee of the Governor's Committee on Criminal Justice); Member of the Child-Witness Task Force; Member of the Family Law Bench/Bar Liason Committee; and Member of the South Carolina Board of Bar Examiners (1984-1986).
33. Five letters of reference:
(a) Anne W. Small, Vice President NBSC
P.O. Box 368, Loris, SC 29569-0368
(b) Hon. Marion H. Kinon, Circuit Judge at Large
P.O. Drawer 271, City-County Cmplx. Building
Dillon, SC 29536-0271
(c) H.E. Bonnoitt, Jr., Esquire
P.O. Box 436, Georgetown, SC 29442
(d) Hon. Billie G. Richardson, Clerk of Court Horry County
P.O. Box 677, Conway, SC 29526
(e) J. Gregory Prior, Rector
St. Paul's Episcopal Church
P.O. Box 1086, Conway, SC 29526
1. David N. Wilburn, Jr.
Home Address: Business Address:
Clendale Road Union County Courthouse
Union, SC 29379 P.O. Box 547
Union, SC 29379
2. He was born in Union, South Carolina on July 15, 1929.
Social Security Number: ***-**-*****
4. He was married to Mary Lou Ellis on August 8, 1950. They have 3 children: David N., III, age 35 (sales); Carol Lindsay W. Franken, age 33 (housewife); and Timothy E., age 31 (engineer).
5. Military Service: U.S. Marine Corps; January 1951 through November 1952; Captain; 051226; Honorable Discharge
6. He attended Furman University, 1946-1950, B.A. and the University of South Carolina Law School, 1953-1955, LLB.
8. Legal Experience since graduation from law school:
General practice of law in Union, S.C., 1955-1975
13. Judicial Office: Judge, Union County Court, January 1, 1973 through July 1, 1977; Concurrent Jurisdiction with Circuit Court; Civil Jurisdiction limited to $25,000.00; criminal Jurisdiction excluding murder, treason, any other crime exclusively in Circuit Court by State Constitution
14. Public Office: Solicitor, Union County Court, elected 1967- 1973
15. Unsuccessful candidate: South Carolina House of Representatives, 1958
20. Tax Lien: He had income tax liens in late 60's or early 70's. All were satisfied prior to 1977 screening.
21. Sued: Approximately $1,500.00 default judgment against former law firm by West Publishing; Judgment taken after he left firm; Judgment satisfied 1977; cleared by Screening Committee 1977
23. Health is good.
24. Hospitalized: He was hospitalized October 1, 1987 through October 7, 1987, Henrico Hospital, Richmond, Virginia for coronary by-pass operation. He was relieved from courtroom assignment until December, 1987. He has full recovery without limitation or activities.
30. Civic, charitable, religious, educational, social, and fraternal organizations: Episcopal Church of Nativity, Union, South Carolina; Union Country Club, Union, South Carolina; Fairwood County Club, Union, South Carolina
33. Five letters of reference:
(a) W.C. Bennett, Chief Executive Officer
Arthur State Bank
P.O. Drawer 769, Union, SC 29379
(b) Richard M. Steele, President
Union County Bar
P.O. Box 651, Union, SC 29379-0651
(c) Thomas H. White, IV, Esquire
P.O. Box 266, Union, SC 29379
(d) Luther C. Elrod, III, Esquire
P.O. Drawer 11091, Rock Hill, SC 29731
(e) Peter M. Perrill, Esquire
P.O. Drawer 2530, Rock Hill, SC 29731-2530
SENATOR SMITH: THANK Y'ALL. YOU'RE WELCOME TO STAY. IF YOU WOULD LIKE TO GO, WE WILL DO THAT NOW BECAUSE WE HAVE SOME FIRST-TIME CANDIDATES AND A COUPLE OF OTHER LITTLE MATTERS; SO, WE WILL TAKE THOSE UP. BE DELIGHTED TO HAVE YOU STAY. AND, AGAIN, I APOLOGIZE FOR THE THE APPARENT DISARRAY BUT IT'S BEEN A LONG THREE DAYS.
SENATOR SMITH: WE ARE NOW ABOUT TO SCREEN CANDIDATES FOR THE VACANCY IN THE THIRD JUDICIAL CIRCUIT. THIS VACANCY, AS ALL OF THE OTHERS, WAS PUBLICLY NOTICED AND TWO INDIVIDUALS HAVE COME FORWARD TO APPLY AS A CANDIDATE FOR THAT SEAT, MRS. FRANCIS MATTHEWS AND INCUMBENT JUDGE BERNARD WARSHAUER. MS. MATTHEWS.
MS. MATTHEWS: YES.
SENATOR SMITH: AND LET ME SAY FOR THE RECORD THAT NO CITIZEN HAS ASKED TO BE HEARD WITH RESPECT TO EITHER ONE OF THESE CANDIDATES; AND, SO, I WOULD ASK, MS. MATTHEWS, IF YOU WOULD COME FORWARD AND TAKE THE WITNESS CHAIR.
MS. MATTHEWS: IS THIS FINE?
SENATOR SMITH: YES, THAT'S FINE. AND I'LL ASK YOU TO RAISE YOUR HAND AND TAKE THE OATH.
(MS. FRANCES C. MATTHEWS, CANDIDATE FOR JUDGE OF THE FAMILY COURT OF THE THIRD JUDICIAL CIRCUIT, SEAT #1, WAS DULY SWORN BY SENATOR SMITH.)
Q. MS. MATTHEWS, AS YOU HAVE HEARD PREVIOUSLY, WE TAKE YOUR SUMMARY AND BASICALLY TAKE THE QUESTIONS OUT AND PUT THE ANSWERS, AS HOPEFULLY, YOU HAVE GIVEN THEM; AND HAVE YOU HAD A CHANCE TO LOOK THIS SUMMARY OVER?
A. YES, I HAVE.
Q. ARE THERE ANY CORRECTIONS OR ANYTHING WE NEED TO CHANGE?
A. THERE WAS A CORRECTION ON NUMBER 8 ON THE LEGAL EXPERIENCE THAT I CALLED IN THAT SHOULD BE FEBRUARY '82 TO JULY OF '88.
Q. OKAY.
A. I MEAN JULY OF '84 AND THEN JULY OF '84 TO PRESENT.
Q. ALL RIGHT; WE HAVE CORRECTED THAT.
A. OKAY.
Q. IS THERE ANY OBJECTION THEN OR ANYTHING ELSE?
A. NO, SIR.
Q. IS THERE ANY OBJECTION THEN IF WE PRINT THIS IN THE JOURNAL AS IF IT WERE YOUR SWORN TESTIMONY AND YOU HAD READ IT OUT HERE UNDER OATH?
A. NO.
1. Frances C. Matthews
Home Address: Business Address:
25 Baker Street P.O. Box 1752
Sumter, SC 29150 Sumter, SC 29151
2. She was born in Fitzgerald, Georgia on July 26, 1946.
Social Security Number: ***-**-*****
4. She is single.
6. She attended USC-Columbia, June 1964-June 1966, Associate in Science, Secretarial Science; Clemson University at Sumter, 1970-1972; USC-Columbia, Spring 1975; USC-Sumter, Summer 1975; USC-Sumter/Shaw AFB, Spring-Fall 1978, B.A. English; USC-Columbia, August 1979-December 1981, J.D.
8. Legal Experience since graduation from law school:
February 1982 - July 1984 Law Office of Jan L. Warner
July 1984 to present Sole practitioner
9. Frequency of appearances in court during the past five years:
Federal -
State -
Other than one action filed in the Court of Common Pleas and two bankruptcy actions, all of her legal work has been in the Family Court. She appears in Family Court on a weekly basis.
10. Percentage of litigation:
Civil: Domestic: 99.99% Criminal:
11. Percentage of cases in trial courts:
Jury: Non-Jury: 100% (sole counsel)
12. Five (5) of the most significant litigated matters in either trial or appellate court:
(a) In 1985 she represented a husband in an action for divorce, custody and related relief. At the final hearing, his client was granted a divorce and custody of his 16-month-old daughter. The wife appealed, but she later abandoned her appeal after her motion for supersedeas regarding the custody issue was denied by the South Carolina Supreme Court.
This case is significant because it represents the growing trend in the family courts to award custody of a child to a father if the judge believes it will be in the child's best interest.
(b) In 1985, she represented a lady in a domestic abuse action and later in a divorce action involving the ground of physical cruelty, custody of three children, equitable division, attorney's fees and costs, and related relief. The final hearing took approximately two and one-half days. She prevailed on every issue. This case will always be significant because it was the most acrimonious divorce case she has ever handled. She hopes she never handles another case as bitter. The husband lied at every: opportunity about every issue. It was a 15 year marriage, and the divorce action reinforced to her the problems representing a wife who has been living in a physically abusive marriage for an extended period of time.
(c) In the case mentioned in (b) above, her client was awarded $5,000.00 as a contribution to her attorney's fee bill, payable to the client through her. She was forced to bring several contempt/enforcement actions in family court because the husband was determined not to pay her. Finally in 1987, the husband filed a Chapter 11 action in bankruptcy court to have his debts discharged. She was his only creditor. She filed an adversary proceeding in bankruptcy court to have the debt to her declared non-dischargeable. After two hearings in bankruptcy court, the debt was declared non-dischargeable. She was then able to proceed in family court to enforce the attorney's fee award.
This case was significant because it defeated the husband's attempt to undermine the family court judge's ruling concerning the wife's entitlement to attorney's fees from the husband. It was also significant because she finally received the money awarded to her two years earlier.
(d) Shortly after the appellate courts in South Carolina established the doctrine of rehabilitative alimony, she represented a husband in a divorce and alimony action. The parties had been married for approximately seven months. The trial judge awarded the wife rehabilitative alimony in a form other than a direct monetary award. The wife appealed the form of the rehabilitative alimony award. Without oral argument, the South Carolina Supreme Court affirmed the trial judge's rehabilitative alimony award by way of South Carolina Supreme Court Rule 23.
This case was significant because, in her opinion, the South Carolina Supreme Court allowed the trial judge to be creative in the award of rehabilitative alimony after such a short marriage.
(e) She represented the maternal grandparents who lived in Missouri in an action to obtain custody of their two-year-old grandson who was in the custody of the Sumter County Department of Social Service (DSS) as a result of the natural parents' neglect. The grandparents had already lost contact with another grandchild by the same parents as a result of another abuse/neglect action. (That child was adopted by her foster parents.) The Family Court judge awarded custody of the grandson to her clients.
This case was significant because it was certainly in the child's best interests to be removed from foster care and to be raised by his close relatives. This case was also her first involvement with the Interstate Compact on Children, and she was pleased that the Compact works and that the agencies in two states were able to cooperate with each other to benefit this child.
17. Other occupation: From June 1966 to November 1967, she worked as a secretary at the Pentagon in Washington, D.C. From November 1967 to June 1969, she worked as a secretary for the Department of the Army in the Republic of Korea. From June 1969 to June 1970, she worked as a secretary in the Pentagon. From July 1971 to July 1979 she was the sole proprietor of The Snail's Pace Gift Shop in Sumter, S.C.
23. Health is excellent.
30. Civic, charitable, religious, educational, social, and fraternal organizations: Sumter City/County Planning Commission; Sumter Lion's Club; YWCA; Greater Sumter Chamber of Commerce; Business & Professional Women's Assoc. (BPW); Trinity United Methodist Church; MADD; Sumter Youth 2000; The Forum
33. Five letters of reference:
(a) Charles J. Broadwell, Vice President
National Bank of South Carolina
P.O. Box 1798, Sumter, SC 29151-1798
(b) F.A. Willson
Certified Public Accountant
P.O. Box 502, Sumter, SC 29150
(c) S. Anne Walker, Executive Director
Alston Wilkes Society
P.O. Box 363, Columbia, SC 29202
(d) T.H. Davis, III, Esquire
P.O. Box 1665, Sumter, SC 29151
(e) John O. McDougall, Esquire
P.O. Drawer 1289, Sumter, SC 29151-1289Q.
WHY DID YOU GO TO LAW SCHOOL? I'VE GOT TO KNOW WHY LAW SCHOOL, AND THE REASON FOR THAT IS YOU OBVIOUSLY HAD AN UNUSUAL AND EXCITING CAREER AS A SECRETARY AT THE PENTAGON, AND SECRETARY FOR THE ARMY IN KOREA, AND BACK IN THE PENTAGON, AND YOU RAN THE--I REMEMBER THE SNAIL'S PACE GIFT SHOP.
A. DO YOU?
Q. I WAS OVER THERE; I BOUGHT SOMETHING FROM YOU IN THERE YEARS AGO.
A. GOOD.
Q. I OBVIOUSLY DIDN'T BUY ENOUGH BECAUSE YOU'RE NOT THERE ANYMORE. BUT AFTER THAT, WHY LAW SCHOOL?
A. TO BE TRUTHFUL ABOUT IT, I WENT TO WORK ONE MORNING AND SAT AND I THOUGHT THAT I DID NOT, JUST OUT OF THE BLUE, DID NOT. WANT TO BE AN OWNER OF A GIFT SHOP FOR THE REST OF MY LIFE, AND I HAD NOT FINISHED UNDERGRADUATE SCHOOL. I KEPT WAITING FOR THEM TO GET RID OF THE LANGUAGE REQUIREMENT AND THEY WOULDN'T. SO, I DECIDED WHAT WOULD BE THE BEST THING FOR ME TO DO GETTING A LATE START, AND I THOUGHT THERE WOULD BE TWO OPTIONS, LAW SCHOOL AND AN M.B.A. IN BUSINESS AND THEN I DECIDED SINCE I HAD BEEN A SOLE PROPRIETOR AND BEEN MY OWN BOSS, THAT LAW SCHOOL WOULD PROVIDE ME WITH THAT OPPORTUNITY BEING A LAWYER. PLUS, I FIGURED I COULD PRACTICE LAW UNTIL I FELL OVER. THERE WOULDN'T BE A REAL MANDATORY RETIREMENT AGE. SO, I DECIDED TO GO TO LAW SCHOOL AND CALLED AND GOT READMITTED IN UNDERGRADUATE SCHOOL AND FINISHED UNDERGRADUATE AND THEN WENT INTO LAW SCHOOL.
Q. SO, YOU HAVE BEEN PRACTICING FOR SIX YEARS.
A. YES, SIR, SIX YEARS IN APRIL.
Q. AND YOU HAVE APPARENTLY JUST DONE DOMESTIC WORK.
A. YES. WHEN I GOT OUT OF LAW SCHOOL, I WENT TO WORK IN A FIRM THAT SPECIALIZED IN DOMESTIC WORK AND STAYED THERE UNTIL JULY OF '84, AND THEN WHEN I DECIDED TO GO AND OPEN MY OWN OFFICE, I FELT LIKE THAT I WOULD HAVE TO DO A GENERAL PRACTICE; BUT I REALLY DIDN'T. THE DOMESTIC CLIENTS KEPT COMING AND, SO, THAT'S I REALLY, AND NOW I DO ABSOLUTELY NOTHING--I THINK I DID ONE BANKRUPTCY AND ONE PERSONAL INJURY ACTION, AND OTHER THAN THAT, AND ONE CLAIM AND DELIVERY AND THE REST OF MY ENTIRE PRACTICE HAS BEEN DEVOTED TO FAMILY COURT.
Q. I WAS INTERESTED HERE IN YOUR EXPERIENCE IN NUMBER "D" WHICH IS HAVING TO DO WITH THE REHABILITATIVE ALIMONY. AND, AS I TAKE IT, YOU REPRESENTED THE HUSBAND. I GOT THE IMPRESSION, DID YOU OPPOSE THE REHABILITATIVE--DID THE HUSBAND OPPOSE THE REHABILITATIVE ALIMONY?
A. WE DID AT THE TRIAL LEVEL. WE DID NOT APPEAL. THE WIFE'S ATTORNEY APPEALED THE MANNER OF THE REHABILITATIVE ALIMONY AND WE WERE SUCCESSFUL. THE SUPREME COURT SUSTAINED THE LOWER COURT'S RULING.
Q. THE BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE SAYS THAT, OF COURSE, NO COMPLAINTS OR CHARGES HAVE BEEN FILED AGAINST YOU. YOU HAVE BEEN A RESIDENT OF SUMTER COUNTY FOR HOW LONG?
A. WELL, SINCE I MOVED BACK IN PROBABLY '69 OR '70.
Q. SO SUMTER COUNTY WOULD BE THE APPROPRIATE PLACE TO CHECK FOR ANY RECORDS.
A. YES, SIR.
Q. AND THE SHERIFF AND THE CITY POLICE DEPARTMENT ARE NEGATIVE AND SLED IS NEGATIVE AND THE JUDGMENT ROLLS ARE NEGATIVE. AND I SEE THAT WE MAILED YOUR, WE HAVE SENT YOUR FINGERPRINT CARD IN. HAD YOU BEEN FINGERPRINTED BEFORE?
A. OH, YES, SIR, I HAD A SECURITY CLEARANCE WHEN I WORKED FOR THE DEPARTMENT OF THE ARMY; SO, IT WOULD HAVE BEEN.
Q. AND YOU HAVE DISCLOSED, OF COURSE, ON YOUR STATEMENT OF ECONOMIC INTEREST WHICH IS PERFECTLY SATISFACTORY THAT YOU, SINCE '83 YOU'VE TAUGHT PART-TIME AT SUMTER TECH AND IN 1987 YOU EARNED $2,087 FROM SUMTER TECH. YOU WANT TO CHANGE CAREERS AGAIN.
A. YES, SIR.
Q. WHY? WHY DO YOU WANT TO BE A JUDGE?
A. I LOVE THE FAMILY COURT. I GOT HOOKED ON THE FAMILY COURT WHEN I WAS IN LAW SCHOOL AND THEY HAD A TERM OF FAMILY COURT ACTUALLY AT THE LAW SCHOOL AND I SAT IN ON IT AND I THOUGHT THAT IS WHAT I WOULD LIKE TO DO AND AS IT TURNED OUT, THAT IS WHAT I HAVE BEEN ABLE TO DO. I THINK THE FAMILY COURT PROBABLY IS ONE OF THE MOST IMPORTANT COURTS, IF NOT THE MOST IMPORTANT COURT, IN THIS STATE. IT HANDLES MORE IMPORTANT MATTERS DEALING WITH EVERYONE'S LIVES. I HAVE A LOT OF RESPECT FOR THE JUDGES THAT I HAVE BEEN IN FRONT OF. I THINK I WOULD BE A GOOD JUDGE AND I HAVE WANTED TO BE A JUDGE FOR SEVERAL YEARS AND WOULD LIKE VERY MUCH TO BE ONE.
Q. THANK YOU.
A. THANK YOU.
SENATOR SMITH: JUDGE WARSHAUER.
(HONORABLE BERNARD J. WARSHAUER, CANDIDATE FOR JUDGE OF THE FAMILY COURT OF THE THIRD JUDICIAL CIRCUIT, SEAT #1, WAS DULY SWORN BY SENATOR SMITH.)
Q. JUDGE, YOU HAVE JUST RECENTLY HAD AN OPPORTUNITY TO LOOK AT OUR SUMMARY. DID WE DO IT CORRECTLY?
A. YES, SIR, IT'S THE SAME INFORMATION.
1. Bernard Jerome Warshauer
Home Address: Business Address:
629 Periwinkle Court P.O. Box 1816
Sumter, SC 29150 108 North Magnolia St.
Sumter, SC 29151
2. He was born in Wilmington, North Carolina on December 3, 1920.
Social Security Number: ***-**-*****
4. He was married to Alice Eugenia Hatcher Means on December 10, 1977. (Previously divorced from Jean O'Neal Warshauer in Durham, NC, County Civil Court; one year's separation; September 8, 1965). He has 3 children: Donna Warshauer Boone-Caldwell, age 35 (secretary, Blacksburg, VA); Michael Jerome, age 29 (attorney with firm of Kitchens, Kelley, Gaynes, Huprich & Shmerling in Atlanta, GA); and Wendy Leigh, age 27 (nurse in Greenville, NC).
5. Military Service: U.S. Army; 1942-1947; Lt. Col. (Res.) (Retired); Serial #0433970; Honorable Discharge, March 4, 1968; S.S. #***-**-*****
6. He attended The Citadel, 1941, B.S. Business Administration and the University of North Carolina Law School, 1965, LLB.
8. Legal Experience since graduation from law school:
Admitted to North Carolina Bar 1965, S.C. Bar and Federal Courts 1966
Associate and partner in firm of Atkinson & Warshauer, 1965-1971
Private law practice, 1971-1976
Master in Equity for Sumter County, 1972-1976
Acting Judge, Civil & Domestic Relations Court, Sumter County, November-December, 1972 & February-March, 1975
Judge, Civil & Domestic Relations Court, Sumter County,
September 1976 - June 1977
Judge, Family Court, Third Judicial Circuit, July 1977 to present
13. Judicial Office: Master in Equity for Sumter County, 1972-1977, appointed; Acting Judge, Civil & Domestic Relations Court, Sumter County, November-December 1972 and
February-March 1975, appointed by Governor West; Judge, Civil & Domestic Relations Court, Sumter County, September 1976 - June 1977, appointed by Governor Edwards; Judge, Family Court, Third Judicial Circuit, July 1977 to present, elected by South Carolina Legislature
17. He was President & Treasurer of Carolina Dry Goods Company in Wilmington, North Carolina, 1948- 1963.
20. He had a dispute with the IRS in 1981 which amounted to less than $200 settled.
21. He was a joint Defendant, along with many others, in a suit which was dropped. Petitioners have since publicly apologized and suit ended with prejudice.
22. Disciplined: Two complaints have been filed to the Judicial Grievance Committee. Both were dismissed as unfounded.
23. Health is good.
26. He is currently being treated for diabetes (controlled by diet) by Dr. Salvador, Shaw Air Force Base, South Carolina 29152.
30. Civic, charitable, religious, educational, social, and fraternal organizations: Temple Sinai, Congregation Vice-President, former President of Men's Club; American Contract Bridge League, National Board of Directors for District #7, Member of Charity and Educational Advisory Committee; Sumter Rotary Club; Sumter Citadel Club; Mason; B'Nai B'rith
33. Five letters of reference:
(a) Marvin D. Trapp, Chairman and President NBSC
P.O. Box 1798, Sumter, SC 29151-1798
(b) Milton I. Schlager, Rabbi
Congregation Sinai
P.O. Box 1673, Sumter, SC 29151
(c) Ronald H. Smith, Director
Sumter County Department of Social Services
P.O. Box 68, Sumter, SC 29151-0068
(d) Charles V. Singleton, Director of Community Programs II
Sumter Carolina Department of Youth Services
P.O. Box 1235, Sumter, SC 29151
(e) G.E. Myers
Sumter School District No. 17
Sumter, SC 29150
Q. YOU WERE, OF COURSE, LAST SCREENED IN NOVEMBER OF 1983. YOU HAVE DISCLOSED THE TWO COMPLAINTS OR TWO LETTERS OF COMPLAINTS WERE SENT TO THE JUDICIAL GRIEVANCE COMMITTEE. THEY HAVE ADVISED US THAT THEY HAVE NO RECORD OF REPRIMAND, BUT YOU HAVE DISCLOSED THAT. WAS THAT BEFORE? I DID NOT HAVE AN OPPORTUNITY TO GO BACK AND LOOK AT YOUR LAST SCREENING. HAS THAT BEEN SINCE?
A. SENATOR, YOU KNOW, I DON'T THINK--I THINK MAYBE ONE WAS BEFORE AND ONE AFTER. I'M NOT SURE.
Q. WELL, THEY WERE BOTH DISMISSED AS UNFOUNDED.
A. THEY WERE BOTH DISMISSED. ACTUALLY, THE LETTER WRITERS RECEIVED LETTERS OF REPRIMAND IN BOTH INSTANCES.
Q. ALL RIGHT, SIR. HOW LONG HAVE YOU BEEN TREATED FOR DIABETES?
A. I SUSPECT 10 YEARS NOW. I'M NOT SURE.
Q. JUST HAVE TO WATCH YOUR DIET?
A. THAT'S IT.
Q. WELL, WE ALL OUGHT TO DO THAT. THE JUDGMENT ROLLS ARE NEGATIVE. LAW ENFORCEMENT OFFICES ARE NEGATIVE. SLED IS NEGATIVE. WE HAVEN'T HEARD FROM THE F.B.I. ON YOUR FINGERPRINT CARD; SO, THAT'S GOOD. YOU HAVE INDICATED ON YOUR STATEMENT OF ECONOMIC INTEREST NO INCOME OTHER THAN YOUR JUDICIAL SALARY.
JUDGE, YOU ARE 67 AND GOT A NICE YOUNG LADY RUNNING AGAINST YOU. YOU FEEL STRONGLY ABOUT CONTINUING, I ASSUME.
A. WELL, I'VE GOT ONE MORE TERM. MS. MATTHEWS DISCUSSED THIS WITH ME BEFORE SHE EVEN OFFERED AND YOU ASKED HER SOME QUESTIONS AND I CAN ANSWER SOME OF THOSE QUESTIONS FOR YOU.
Q. WELL, THAT'S WHAT I WANT TO DO, ASK THE SAME QUESTIONS.
A. SENATOR, I THINK THAT THE SUMTER COUNTY BAR IS, WITH APOLOGIES TO--I'M NOT APOLOGIZING TO ANY OF THEM.
Q. THAT'S THE JUDGE WARSHAUER THAT I KNOW. PROCEED.
A. --IS THE BEST AND "THE" BEST FAMILY COURT BAR IN THE STATE. AND I THINK FRANCES MATTHEWS IS ONE OF THE TOP FOUR OR FIVE FAMILY COURT PRACTITIONERS THAT WE'VE GOT. WE HAVE REAL EXPERTS AND I THINK THE PEOPLE THAT GO TO THE SEMINARS RECOGNIZE THAT. WE'VE PROVIDED A SPEAKER AT PRACTICALLY EVERY SEMINAR THEY HAVE HAD IN FAMILY COURT. AND I CAN ATTEST THAT FRANCES MATTHEWS IS AN EXPERT IN THE AREA OF FAMILY LAW. AND AS FOR ME, I'VE GOT ONE MORE TERM AND IF SHE IS ONE OF THE CANDIDATES STILL LASTING AT THE END OF THAT TERM, I WOULD CERTAINLY HAVE NO COMPUNCTIONS--I CAN'T GET INVOLVED WITH THIS. BUT SHE IS FIRST RATE.
Q. RIGHT NOW NEXT TO YOURSELF, YOU WOULD RECOMMEND HER THE HIGHEST.
A. WELL, I'M NOT EVEN GOING TO GET INTO THAT.
A. I CERTAINLY HOPE THAT I CAN SERVE OUT THIS ONE LAST TERM.
Q. JUDGE, YOU OBVIOUSLY ENJOY YOUR WORK AS A FAMILY COURT JUDGE. I CAN SAY THAT FROM PERSONAL EXPERIENCE AND EXPERIENCE OF VISITING WITH LAWYERS AND AROUND. DO YOU FIND--IT DOESN'T GET TEDIOUS TO YOU AT TIMES?
A. WELL, I DON'T THINK SO. I THINK IT'S SOMETHING NEW-- YOU KNOW, FOR THOSE THAT ARE COMING IN, AND I'M GOING OUT, THERE--TOMORROW IS GOING TO BE DIFFERENT. THERE IS NEVER THE SAME THING TWICE OR VERY SELDOM THE SAME THING TWICE, AND IT'S ALWAYS A CHALLENGE AND YOU'RE ALWAYS INVOLVED AND I THINK IT KEEPS YOU YOUNG.
Q. THAT'S GOOD. ARE YOU THE DEAN OF THE FAMILY COURT JUDGES?
A. NO, WE'VE GOT JUDGE SMITH IS A LITTLE BIT OLDER. JUDGE MCLEOD IS OLDER, AND I THINK THAT'S IT. JUDGE ARRANTS IS ON HIS LAST TERM. BUT JUDGE MCLEOD, I THINK, IS THE DEAN.
Q. WELL, I WANT TO THANK YOU FOR COMING. ANYTHING ELSE FOR THE RECORD YOU'D LIKE TO ADD BECAUSE THE COMMITTEE AND THE HOUSE MEMBERS AND THE SENATORS, OF COURSE, WILL REVIEW THIS PRIOR TO THE ELECTION?
A. NO.
Q. THANK YOU, SIR. SENATOR SMITH: WE WILL NOW PROCEED TO THE VACANCY FOR THE FIFTH JUDICIAL CIRCUIT. THAT'S THE VACANCY CAUSED BY THE ELEVATION, NOT ELEVATION, BY THE ELECTION OF JUDGE CONNOR TO THE CIRCUIT COURT. THIS IS FOR A TERM THAT EXPIRES, AS I UNDERSTAND IT, IN FEBRUARY OF 1989 WHICH MEANS THAT WHICHEVER ONE OF THE THREE INDIVIDUALS WHO HAS FILED IS ELECTED WILL HAVE TO BE BACK HERE NEXT YEAR. I HOPE I'M THE CHAIRMAN BECAUSE IF I AM, I WILL COMMIT TO YOU THAT WE WILL TRY TO WAIVE THAT SCREENING. I SAY THAT TO THOSE OF YOU--THIS IS OFF THE RECORD.
SENATOR SMITH: THE VACANCY WAS PUBLICALLY NOTICED AND WE HAVE HAD THREE CANDIDATES COME FORWARD: MELVIN D. BANNISTER, RICHARD G. WHITING, AND JOSEPH A. WILSON, II. AND AS WE USUALLY DO, WE USUALLY TAKE THEM UP IN ALPHABETICAL ORDER AND I KNOW "B" COMES BEFORE "W"; SO, I WOULD ASK MR. BANNISTER IF HE WOULD COME FORWARD AND TAKE THE OATH. HAVE A SEAT DOWN THERE.
(MELVIN D. BANNISTER, CANDIDATE FOR JUDGE OF THE FAMILY COURT OF THE FIFTH JUDICIAL CIRCUIT, WAS DULY SWORN BY SENATOR SMITH.)
Q. HAVE YOU HAD A CHANCE, SIR, TO REVIEW OUR SUMMARY OF YOUR ANSWERS TO THE QUESTIONNAIRE?
A. YES, SIR, I HAVE.
Q. IS THERE ANYTHING ON THERE THAT NEEDS CORRECTING?
A. NO, SIR, NOT AS FAR AS CORRECTION. THERE'S AN ADDITION THERETO, AND I BROUGHT IT TO MS. SATTERWHITE'S ATTENTION. UNDER THE NUMBER 22, I HAVE, AFTER THE APPLICATION WAS FILLED OUT, RECEIVED A COPY OF A LETTER THAT WAS SENT TO THE GRIEVANCE COMMITTEE.
Q. ALL RIGHT, SIR. AND WE HAVE THIS LETTER AND I THINK WHAT I WILL DO IS PUBLISH IT AT THIS TIME SO IT WILL BE AN ADDITION TO YOUR ANSWER TO NUMBER 22, QUESTION 22. YOU HAVE SAID THAT THERE HAVE BEEN TWO COMPLAINTS TO THE GRIEVANCE COMMITTEE BUT THE COMMITTEE FOUND NO WRONGDOING ON HIS PART, IT SHOULD BE, IN NUMBER 22 INSTEAD OF "AND" IT SHOULD BE "ON." AND THIS IS THE LETTER DATED MARCH 14TH, "MELVIN D. BANNISTER, COLUMBIA SOUTH CAROLINA," TO MS. SATTERWHITE, "I HAVE THIS DAY RECEIVED NOTICE OF AN INFORMAL COMPLAINT TO THE GRIEVANCE COMMITTEE. I HAVE RESPONDED BY LETTER TO THE COMMITTEE AND EXPECT THAT THIS COMPLAINT WOULD BE DISMISSED IN THE IMMEDIATE FUTURE. HOWEVER, I WANTED TO BE SURE TO COMPLY WITH ANY AND ALL REGULATIONS OF MY APPLICATION FOR THE JUDICIAL VACANCY. IF I CAN PROVIDE THE JUDICIAL SCREENING COMMITTEE WITH FURTHER INFORMATION, PLEASE CONTACT ME." THAT'S THE LETTER. THIS IS DATED MARCH 14TH, AND WE'RE SOMEWHERE LATER ON IN THE MONTH; I'M NOT REALLY SURE; THE 24TH, I GUESS. YOU HAVE HEARD NOTHING SINCE THIS LETTER?
A. NOT YET, SIR.
Q. SO, THAT WOULD BE, IN ADDITION TO THE TWO THAT YOU'VE DISCLOSED IN NUMBER 22.
A. THAT'S CORRECT, SIR.
Q. ALL RIGHT, SIR. I THINK THAT'S THE APPROPRIATE WAY TO HANDLE IT AS I RESPONDED TO JUDGE CALDWELL EARLIER; AT LEAST THAT SETS THE RECORD STRAIGHT SO NO ONE CAN COME FORWARD A YEAR FROM NOW OR TWO YEARS FROM NOW AND SAY HE DID ME WRONG. JUDGE, YOU DISCLOSE IN ANSWER NUMBER 8, OCTOBER 1978 TO THE PRESENT COLUMBIA, SOUTH CAROLINA, PRIVATE PRACTICE. ARE YOU A SOLE PRACTITIONER?
A. YES, SIR.
Q. ALL RIGHT, SIR. YOU HAVE INDICATED YOUR APPROPRIATE PERCENTAGES OF APPEARANCE. I AM DELIGHTED IN YOUR CASE, AS IN THE CASE OF OTHERS, TO SEE THAT WE ARE NOW ATTRACTING, JUDGE WARSHAUER, TO THE FAMILY COURT BENCH PEOPLE WHO, WHILE THEY MIGHT NOT BE SPECIALIST IN THE FAMILY COURT AREA, HAVE A LARGER AND LARGER PART OF THEIR PRACTICE IN THAT AREA, AND I THINK THAT IS IMPORTANT TO THE BAR AND TO THE JUDICIAL SYSTEM. I WAS STRUCK BY YOUR, MR. BANNISTER, THE CASE OF GRIZZARD VERSES FAST FARE. I THOUGHT FOR A MOMENT THAT MY FAVORITE COLUMNIST HAD SLIPPED BUT I SEE THAT HAD TO DO WITH AN EMPLOYEE BY THE SAME NAME. THE BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE, OF COURSE, HAS ADVISED US THAT NO FORMAL COMPLAINTS HAVE BEEN FILED AGAINST YOU WHICH MEANS--IT'S A STRANGE WORDING WHICH MEANS THAT THEY HAVE NOT SEEN ANY CREDIBILITY IN THOSE THAT YOU HAVE DISCLOSED TO US AND PRESUMABLY NOT THIS OTHER ONE.
YOU HAVE LIVED IN RICHLAND COUNTY FOR THE LAST APPROXIMATELY 9 YEARS, 10 YEARS?
A. CONTINUOUSLY, YES, SIR.
Q. AND THE, SO, THAT WOULD BE THE APPROPRIATE PLACE TO CHECK ON YOUR BACKGROUND THEN, I ASSUME.
A. YES, SIR.
Q. AND THE SHERIFF'S OFFICE AND THE POLICE DEPARTMENT ARE NEGATIVE. THE SLED IS NEGATIVE. THE JUDGMENT ROLLS OF RICHLAND COUNTY DO HAVE A JUDGMENT AGAINST YOU BUT THAT WAS A DIVORCE, YOUR DIVORCE, WHICH YOU HAD DISCLOSED AND YOUR FINGERPRINT CARD IS CLEAR. YOU INDICATE ON YOUR STATEMENT OF ECONOMIC INTEREST THAT YOU WERE ADJUDICARY ATTORNEY FOR INDIGENT CLIENTS IN DOMESTIC RELATIONS CASES FOR WHICH YOU WERE PAID, I TAKE IT, WITHIN THE LAST YEAR, THE SUM OF $300.
A. THAT WAS THE CALENDAR YEAR 1987. IN 1988 I AM STILL WORKING AS ADJUDICARY ATTORNEY ON OCCASION.
Q. WAS THAT ONE CASE OR?
A. I THINK IT WAS PROBABLY TWO CASES. I DON'T THINK I RECEIVED THAT MUCH FOR ANY ONE CASE.
Q. ALL RIGHT, SIR, YOU ARE 38; BORN IN ABBEVILLE. WHY THE FAMILY COURT BENCH?
A. BECAUSE DURING THE LAST---
SENATOR SMITH: EXCUSE ME, OFF THE RECORD.
SENATOR SMITH: SO, ANYWAY, WE CAN CO BACK ON THE RECORD.
Q. IF YOU WOULD LIKE TO MAKE SOME STATEMENT, WE'LL BE DELIGHTED TO PUT IT IN THE RECORD AND TAKE.A LOOK AT IT.
A. YES, SIR. FOR THE LAST NINE YEARS BEING AS A SOLE PRACTITIONER HERE IN COLUMBIA AND PRIOR TO THAT EVEN DURING MY TENURE IN GREENVILLE, THE VAST MAJORITY OF MY WORK HAS BEEN IN THE FAMILY COURT AND I SEE THE NEED FOR GOOD JUDGES AND TO CARRY ON THE TRADITION OF THE GOOD JUDGES THAT WE HAVE HAD HERE IN RICHLAND COUNTY, AND WON'T, SINCE SOME OF THEM ARE HERE, I WON'T GO ANY FURTHER THAN THAT, BUT I HAVE A REAL DESIRE TO SERVE THE PEOPLE OF THIS STATE AND I THINK THAT MY QUALIFICATIONS WOULD BE WELL-SUITED TO DO THAT AS A FAMILY COURT JUDGE.
Q. ALL RIGHT, SIR. THANK YOU.
A. DID YOU HAVE ANYTHING FURTHER SENATOR.
Q. I DON'T THINK SO.
A. ALL RIGHT, SIR.
1. Melvin D. Bannister
Home Address: Business Address:
3234 Quitman Street 2312 Beltline Boulevard
Columbia, SC 29204 Columbia, SC 29204
2. He was born in Abbeville, South Carolina on December 13, 1949.
Social Security Number: ***-**-*****
4. He was divorced on July 25, 1984; Melvin D. Bannister (Petitioner); Richland County Family Court; separation for more than one year.
5. Military Service: None
6. He attended Anderson College, September 1968-December 1969; the University of South Carolina, January 1970-May 1972, B.A. (Political Science); and the University of South Carolina Law School, September 1972-May 1975, J.D.
8. Legal Experience since graduation from law school:
November 1975 - May 1976, Columbia, SC, private practice; May 1976 - November 1977, Greenville, SC, Assistant Greenville County Public Defender; November 1977 - October 1978, Greenville, SC, private practice; October 1978 - present, Columbia, SC, private practice (For the past 9 years, the vast majority of his case load has been domestic relations cases. During the past 6 years, he has averaged over 100 domestic cases per year.)
9. Frequency of appearances in court during the past five years:
Federal - approximately once a year
State - approximately 110 cases per year
10. Percentage of litigation:
Civil: 5% Domestic: 90% Criminal: 5%
11. Percentage of cases in trial courts:
Jury: 9% Non-Jury: 91% (sole counsel)
12. Five (5) of the most significant litigated matters in either trial or appellate court:
(a) State v. England, 271 SC 129, 245 SE 2d 608 (1978)
He represented the Appellant at trial and on appeal. The case was remanded. The decision of the South Carolina Supreme Court clarified the requirements of the statutory law relating to the disposition of juvenile cases before the Family Court. (1976 South Carolina Code of Laws, as amended, sections 24-19-50 (C), 14-21-510 (A)(3), 14-21-620)
(b) Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975)
While in law school he represented and wrote the Appellant's brief for the above referenced case, however, due to the failure of the client to sign a student practice rule waiver, he was unable to orally argue the case before the United States Court of Appeals for the Fourth Circuit. The case was reversed and remanded.
The Court decided that fundamental fairness required that a strict interpretation of the rules of civil procedure should not always be followed, and further that the Appellant had a right to a new trial. This case has been cited subsequently in over thirty (30) cases.
(c) State v. Gaines, 271 SC 65, 244 SE 2d 539 (1978)
He was the trial attorney and wrote the Appellant's brief. The case was reversed. The South Carolina Supreme Court found error in the Solicitor's argument to the jury, which denied the Appellant a fair trial by violating his Constitutional rights. The Supreme Court also found error in the trial judge's charge on the law. The Gaines case has also been cited in several appellate court decisions since the reversal.
(d) Grizzard v. Fast Fare, Inc., (U.S. District Court, SC District)
This is a pending action in which he represented the Plaintiff. The Plaintiff is seeking to recover severance pay from a former employer, based upon a breach of the employer's established policy. If the Plaintiff is successful, there will be a further delineation of employee rights and benefits.
(e) Smith, et al. v. Douglas, et al., 84-DR-40-1972
He represented the Petitioners, who sought custody from their daughter of the Petitioners' grandson. This case was brought by the Petitioners in order to protect the minor child and to seek the child's best interests. This case was not unusual, but it significantly shows that the main duty of the Family Court is to protect the children of this State and to act in their best interests.
15. Unsuccessful candidate: House of Representatives, 1980 (lost in the party primary)
21. Sued: He is a junior creditor, and a senior creditor has brought a foreclosure action against the debtor and himself. The action is still pending.
22. Disciplined: There have been two complaints to the Grievance Committee, but the committee found no wrongdoing on his part.
23. Health is good.
30. Civic, charitable, religious, educational, social, and fraternal organizations: North Trenholm Baptist Church: Men's Basketball Coach, 1986-1988; Young Men's Basketball Coach,
1984-1985; Family Life Committee, 1985-present Optimist International-South Carolina District: Governor (South Carolina District),
1987-present; Substance Abuse Chairman,
1985-1987; New Club Building Chairman,
1984-1985; Lt. Governor, 1983-1984; President (Downtown Columbia), 1982-1983
33. Five letters of reference:
(a) Shep Jordan, Vice President
South Carolina National Bank
1401 Main Street, Columbia, SC 29226
(b) Kellum W. Allen, Esquire
P.O. Box 5709, West Columbia, SC 29171
(c) Hon. John Land Johnson
1808 Robincrest Drive, West Columbia, SC 29169
(d) James S. Pope, Esquire
2312 Beltline Boulevard, Columbia, SC 29204
(e) H. Denard Harris, Ph.D.
1708 Quail Lake Drive, West Columbia, SC 29169
SENATOR SMITH: MR. WHITING.
MR, WHITING: I'M HERE, SIR.
SENATOR SMITH: YES, SIR. HAVE YOU HAD AN OPPORTUNITY--LET'S SEE, I BETTER SWEAR YOU FIRST.
(RICHARD G. WHITING, CANDIDATE FOR JUDGE OF THE FAMILY COURT OF THE FIFTH JUDICIAL CIRCUIT, WAS DULY SWORN BY SENATOR SMITH.)
Q. MR. WHITING, YOU HAVE HAD, I ASSUME, AN OPPORTUNITY TO REVIEW OUR SUMMARY OF--
A. YES, SIR.
Q. ---YOUR QUESTIONNAIRE. ANYTHING WE NEED TO CORRECT OR ADD TO, OR ANY ERRORS IN IT?
A. NO, SIR, THERE WERE SOME CORRECTIONS THAT ALREADY HAD BEEN MADE AND MRS. SATTERWHITE HAS SENT ME A CORRECTED COPY WHICH IS NOW AS IT SHOULD BE.
1. Richard Giles Whiting
Home Address: Business Address:
3207 Heyward Street 1116 Blanding Street
Columbia, SC 29205 Columbia, SC 29201
2. He was born in Newport, Rhode Island on August 29, 1948.
Social Security Number: ***-**-*****
4. He was married to Carolyn Wheeler Brown on January 21, 1973. They have 3 children: Jackson Montague, age 9; Richard Giles, Jr., age 7; and Annie Elizabeth, age 7.
5. Military Service: None
6. He attended Gordan Military Junior College, 1968-1970, Associate of Arts Degree; Presbyterian College, 1970-1972, Bachelor of Science, Major in Business Administration; Florida International University, 1978-1980, Masters of Business Administration; and the University of South Carolina Law School, 1980-1982, J.D.
8. Legal Experience since graduation from law school:
December 1982 to October 1984, Associate, Law Offices of Warner & Lee, Sumter, S.C.; November 1984 to January 1986, Richard C. Whiting, Attorney at Law, Sole Practitioner, Columbia, S.C.; February 1986 to November 1987, Partner, Law Offices of Louthian & Whiting, Columbia, S.C.; December 1987 to present, of Counsel to Louthian & Louthian, Columbia, S.C.
9. Frequency of appearances in court during the past five years:
Federal - 5%
State - 95%
10. Percentage of litigation:
Civil: 20% Domestic: 80% Criminal: None
11. Percentage of cases in trial courts:
Jury: 15%-20% Non-Jury: 80%-85% (He served as Associate Counsel on most jury cases, and he served as chief counsel on several cases. In 90% of the non-jury cases he appeared either as sole counsel or chief counsel. He served as Associate Counsel in the remaining cases.)
12. Five (5) of the most significant litigated matters in either trial or appellate court:
(a) Ratchford v. Ratchford
This was a four and one-half day Family Court hearing which was tried by three excellent attorneys, all with a great deal of Family Court experience, and himself. This case was extremely complex and challenging and involved the issues of transmutation of marital assets, including a family run business, The ability of the Family Court to divide this business started by one of the parties but contributed to by both of the parties and the extensive use of expert witnesses. This was one of the first cases to be tried under the new Equitable Apportionment Statute and virtually addressed all the factors contained in our new law.
(b) Thompson_v. Thompson
In this case the issue of split custody was addressed by the Family Court. The parties came into the final hearing each having a portion of the children of the marriage in their custody. Both the mother and father wanted one or all of the children in the other's custody. One of the children was severely handicapped. The Court allowed split custody to continue. The Court also addressed the valuation of the wife's indirect contributions to the marriage, including her caring for the severely handicapped child:
(c) Horton v. Horton
This was a Family Court matter which addressed the value of a Homemaker's contributions to a marriage. In this case the wife not only managed the home but was totally responsible for the budgeting and expenses therein. The wife's frugality resulted in a large marital estate which otherwise may not have resulted. The wife had almost no direct contributions to the marriage except for a small amount of earnings early in the marriage. The Court awarded the wife a majority of the marital estate and substantial support by way of alimony.
(d) Malouche v. J.H. Management Co., Inc.
This case was tried in a Federal District Court under 18 U.S.C. Section 2520 which allows for a civil cause of action for a violation of the wiretap statute. This case was argued before the Fourth Circuit Court of Appeals as to the standard of willful conduct which is required of the Defendant in these civil causes of actions. The Lower Court held that criminal willfulness was required. This decision has just been affirmed by the Court of Appeals in the last few days.
(e) Ex Parte: Holcombe v. Kennison et al. In the Interest of Sasha Marsh Owens
This case addressed a Decree of Marriage from a sister state and this state's ability to make a determination as to the validity of that marriage. The Family Court in South Carolina held the marriage and a corresponding Declaratory Judgment Order from a sister state was not entitled to full faith and credit under the United States Constitution and further, that the marriage was a sham and fraud on the Court and thus void. This issue is currently on appeal to our State Supreme Court.
16. His wife has her own commercial real estate company where he is listed as the Broker and she as the Sales Agent.
17. Other Occupation: From June of 1972 until May of 1980, he was engaged in the business of international shipping. He began his career as an export documentation clerk. He was General Manager of his division when he resigned so as to return to South Carolina to begin law school.
20. Tax Lien: In 1980 they sold their home when they returned to South Carolina. They anticipated building a new home during the allowable two-year period so as to roll over their gain with no tax consequences. In 1980 interest rates were extremely high, in many cases exceeding 20%, and they were unable to secure an acceptable loan. In addition, one week prior to his beginning of his law education, his wife delivered twins. His wife was not able to return to the work place as early as they had planned, due to the birth of the twins and an extremely difficult delivery. When it became apparent that they would not be able to roll over their gain within the grace period as allowed by the Internal Revenue Service, they filed an Amended Tax Return but did not pay the tax due as a great portion of the gain was tied up in land which they had purchased. The Internal Revenue Service, unknown to him, placed a lien on this property which was later removed after the tax was paid. After he had explained his situation to the Internal Revenue Service he received notice from them that they were waiving all penalties which they had earlier applied.
23. Health is excellent.
30. Civic, charitable, religious, educational, social, and fraternal organizations: Member of the Order of the Coif; Member of the Order of the Wig and Robe; Member of Sertoma International; Member of Christian Life Assembly; Member of Phi Alpha Law Fraternity, Pickney Chapter; Member of the South Carolina Citizens for Life; Member of The Rockbridge Club
33. Five letters of reference:
(a) Mikel A. DeLoach, Branch Mger., Jefferson Sq.
C & S National Bank of South Carolina Columbia, SC 29222
(b) John O. McDougall, Esquire
P.O. Drawer 1289, Sumter, SC 29151-1289
(c) Steven R. Brown, Senior Pastor
Christian Life Assembly
2700 Bush River Road, Columbia, SC 29210
(d) Nancy M. Young, Esquire
P.O. Box 1166, Columbia, SC 29202
(e) Ken H. Lester, Esquire
1712-1714 Main Street, Columbia, SC 29201
Q. ALL RIGHT, THANK YOU. IT'S WONDERFUL WHAT COMPUTERS CAN DO THESE DAYS.
A. YES, SIR.
Q. JUDGE, NOT JUDGE, EXCUSE ME, MR. WHITING.
A. THANK YOU.
Q. YOU HAVE HAD SOME INTERESTING CASES AND THEY ARE, OF COURSE, HERE AND I WAS--THE RATCHFORD CASE, WAS THAT CASE APPEALED?
A. IT WAS, NOTICE OF INTENT TO APPEAL WAS FILED BY BOTH SIDES BUT IT WAS SETTLED PENDING THE APPEAL.
Q. ALL RIGHT, SIR.
A. THERE WERE A NUMBER OF ISSUES THAT WOULD HAVE BEEN INTERESTING TO SEE WHAT THE SUPREME COURT WOULD HAVE DONE WITH IT BUT I THINK THE PARTIES RECOGNIZED HOW EXPENSIVE THE APPELLATE PROCESS WAS GOING TO BE. BOB THOMAS, MYSELF, HERBERT LOUTHIAN, COSTA PLEICONES ALL TRIED THAT CASE, AND WITH THEIR THREE METERS RUNNING, NOT MINE, I COULD SEE THE BILL WOULD HAVE BEEN EXTENSIVE.
Q. I NOTICE THAT YOU, SINCE '87, HAVE BEEN OF COUNSEL TO THE LOUTHIAN FIRM WHICH, WHY WAS THAT? WHAT WAS THE REASON FOR THAT?
A. I WITHDREW FROM THE PARTNERSHIP IN ORDER TO DEDICATE MORE TIME TO RUN FOR THIS POSITION.
Q. I SEE.
A. I AM STILL WORKING WITH BOTH MR. LOUTHIAN AND HIS SON BERT. I HAVE NOT CHANGED MY LOCATION. I AM PHYSICALLY IN THE OFFICE. WE ARE WORKING WITH EACH OTHER ON A NUMBER OF CASES. I WAS JUST NOT GOING TO BE ABLE TO BE IN THE OFFICE AND BE FAIR TO THEM TO REMAIN A FULL PARTNER.
SENATOR SMITH: NOW, LET'S GO BACK ON THE RECORD.
Q. MR. WHITING, WE HAD DISCUSSED, YOU AND, I EARLIER, SEVERAL, SOME DAYS AGO YOUR DISCLOSURE IN CONNECTION WITH THE TAX LIEN IN 1980 AND YOU HAVE MADE A FULL AND COMPLETE DISCLOSURE AND AS I RECALL OUR CONVERSATION AND MY FEELING ABOUT IT, I APPRECIATE YOUR DISCLOSING IT. I WOULD THINK WHAT HAPPENED IN THAT INSTANCE HAS HAPPENED TO ME AND PROBABLY HAPPENED TO A LOT OF OTHER PEOPLE. WELL, YOU HAD SOME TWINS, NOT YOURS, BUT COME ALONG AT AN UNUSUAL TIME AND YOU JUST GOT CAUGHT SHORT OF MONEY.
A. WELL, AS I DISCLOSED, IN 1980 WHEN I RETURNED TO SOUTH CAROLINA, SOLD MY HOME IN SOUTH FLORIDA, BOUGHT SOME PROPERTY IN THE NORTHEAST SIDE OF TOWN INTENDING TO BUILD A HOUSE WITHIN THE ALLOWABLE TWO-YEAR PERIOD AND THAT DID NOT HAPPEN. INTEREST RATES WERE EXTREMELY HIGH. I WAS IN LAW SCHOOL AT THE TIME. MY WIFE DELIVERED TWINS. THIS IS MY WIFE SEATED HERE. THIS YOUNG LADY WEIGHED 196 POUNDS AT THE TIME SHE DELIVERED. THE LONG AND SHORT OF IT, I FOUND MYSELF AMENDING TAX RETURNS TO SHOW THAT GAIN AS A CAPITAL GAIN. MOST OF THAT GAIN WAS SITTING IN THAT PROPERTY; SO, HERE I SAT WITH THE GAIN WITH NO MONEY TO PAY IT. I FILED THE AMENDED RETURN ALONG WITH A LETTER TO THE INTERNAL REVENUE SERVICE. UNKNOWN TO ME THEY PLACED A LIEN ON THE PROPERTY. I IDENTIFIED THE PROPERTY TO THEM. I THEN PAID THE TAX. I BELIEVE IT TOOK ME ALMOST A YEAR TO PAY IT OUT IN FULL. IT MAY HAVE BEEN 10 MONTHS. AND THEY DID NOT REMOVE THE TAX LIEN. I ONLY FOUND OUT ABOUT THE TAX LIEN IN 1985, REALLY BY MISTAKE, WHEN WE WERE CHECKING THE TITLE ON THAT PROPERTY BECAUSE WE WERE THEN FIXING TO BUILD AGAIN. BUT I THINK IT'S IMPORTANT TO NOTE, THE INTERNAL REVENUE SERVICE, WHEN I EXPLAINED WHAT HAD HAPPENED TO ME, WAIVED ALL THE PENALTIES. THEY DID NOT WAIVE THE INTEREST AND UNDERSTAND THEY CANNOT, BUT THEY DID WAIVE THE PENALTIES WHICH I WAS VERY THANKFUL FOR. AND THAT TAX HAS BEEN PAID IN FULL.
Q. IN THAT CONNECTION, ONE OF THE THINGS, OF COURSE, WE DO IS CHECK, IS WE CHECK THE CREDIT REPORT AND YOURS CAME BACK THE SAME AS MINE, WHICH IS MARGINAL, WHICH IS ALL RIGHT. AS I SAY, IT'S THE SAME AS MINE. APPARENTLY THAT FLOWING, AND THAT GOES BACK SEVERAL YEARS AS YOU WELL KNOW; BUT AS FAR AS OUR RECORDS AND OUR INVESTIGATION REVEALS, YOU DON'T OWE ANYBODY ANY MONEY, YOU KNOW, ANY PAST, THERE ARE NO PAST-DUES ON YOU BUT THE CREDIT REPORT DID COME BACK MARGINAL, AS I SAY, THE SAME AS MINE. AND ONE OF THE THINGS OR ONE OF THE REASONS FOR THAT IS IT SO SHOWED THE TAX LIEN BUT THE TAX LIEN IS NOW PAID AND AS YOU KNOW IT'S SEVERAL YEARS BEFORE THAT WORKS OUT OR CLEARS ITSELF UP. THE BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE SAY NO FORMAL COMPLAINTS FILED AGAINST YOU. THE SHERIFF'S OFFICE IN RICHLAND COUNTY AND COLUMBIA ARE ALL NEGATIVE, AS IS SLED. AND AS THE CASE WITH ALL CANDIDATES TODAY, OF COURSE, THE HIGHWAY DEPARTMENT REPORTS A CLEAR RECORD. RICHLAND COUNTY JUDGEMENT ROLLS ARE NEGATIVE AND THE F.B.I. CARD HAS NOT BEEN RETURNED. AND BY THAT, I MEAN THEY ONLY RETURN THEM WHEN THEY FIND A MATCH THAT THEY DON'T LIKE. YOUR STATEMENT OF ECONOMIC INTEREST IS, AS WE SAY IN THE TRADE, UNREMARKABLE. NO--WHICH IN THAT CASE IS VERY GOOD; MEANING NO ASSOCIATIONS OR BUSINESSES WITH GOVERNMENTAL ENTITIES OR THINGS OF THAT NATURE. YOU ARE 39. YOU HAVE OBVIOUSLY HAD AN INTERESTING CAREER AS A PRACTICING ATTORNEY. TELL US WHY THE FAMILY COURT.
A. AS YOU RECALL LOOKING AT MY SUMMARY, I WAS OUT OF SCHOOL; I FINISHED PRESBYTERIAN IN 1972. I MARRIED MY WIFE IN 1973. WE RETURNED TO WHAT WAS MY HOME, MIAMI, SOUTH FLORIDA WHERE I WAS IN THE INTERNATIONAL SHIPPING BUSINESS. UNFORTUNATELY, DURING THE TIME I WAS GONE FROM MIAMI IT HAD GONE FROM A VERY NICE COMMUNITY TO A NOT SO NICE COMMUNITY. I WAS INVOLVED IN A FAMILY BUSINESS WHICH WE SOLD IN 1978 WITH ONE STIPULATION THAT I STAY ON FOR TWO YEARS FOR A TRANSITION PERIOD AND I COULD HAVE STAYED ON LONGER. MY WIFE AND I DISCUSSED THIS BEING A GOLDEN OPPORTUNITY TO RETURN TO SOUTH CAROLINA. WE ALSO DISCUSSED THE POSSIBILITY OF MAKING A CAREER CHANGE. I HAD WANTED TO GO TO LAW SCHOOL WHILE I WAS IN UNDERGRADUATE SCHOOL, OR AT LEAST HAD THOUGHT OF THE IDEA OF DOING THAT BUT RETURNED TO THE FAMILY BUSINESS. SO, IN 1980 WITH A 26-MONTH-OLD YOUNG MAN AND TWINS EXPECTED IN ONE WEEK, AND TWINS CAME THE DAY BEFORE I STARTED LAW SCHOOL, I RETURNED TO SOUTH CAROLINA AND STARTED LAW SCHOOL; AND EARLY ON HAD AN OPPORTUNITY TO WORK WITH AN ATTORNEY IN SUMTER, SAME OFFICE THAT FRANCES MATTHEWS WAS WORKING IN, AND I QUICKLY GOT EXPOSED TO THE FAMILY COURT. I CLERKED ALL THROUGH LAW SCHOOL DURING THE HOLIDAYS AND SUMMERS WITH THIS LAW FIRM AND WAS OFFERED A JOB TO GO WITH THEM WHICH I DID DO, COMMUTING BACK AND FORTH FROM COLUMBIA. VERY EARLY ON I RECOGNIZED THE IMPORTANCE OF THE FAMILY COURT. I ALSO FOUND THE WORK TO BE VERY STIMULATING, EXCITING, AND VERY INTERESTING. AND IN ADDITION TO HAVING A LAW DEGREE, I HAVE AN M.B.A. FROM FLORIDA INTERNATIONAL UNIVERSITY AND I PARTICULARLY FOUND THAT TO BE USEFUL IN ANALYZING DEBITS AND CREDITS AND THOSE TYPE OF THINGS THAT THE JUDGES ARE NOW MORE AND MORE FINDING THEMSELVES CONCERNED WITH. I FIND MYSELF BEING TRULY DEDICATED TO THE FAMILY LAW PRACTICE. EVEN NOW, I'M WORKING WITH PUTTING ON JUDICIAL C.L.E.'S FOR JUDGE MYERS, WORKING TO PUT ON THE MID-YEAR AND YEAR END C.L.E. IN THE FAMILY LAW SECTION SERVING ON THE FAMILY LAW COUNCIL. AND I FEEL THAT I CAN CONTRIBUTE TO THE FAMILY LAW IN SOUTH CAROLINA BY SERVING AS A JUDGE. OBVIOUSLY, IT WOULD BE PERSONALLY REWARDING TO ME IN THAT FAMILY COURT NOT ONLY, AS YOU KNOW SENATOR, NOT ONLY HANDLES DIVORCES AND SPLITTING UP THE DISHES AND SPLITTING UP THE PROPERTY, BUT I THINK OF PARTICULAR IMPORTANCE IS ITS INVOLVEMENT WITH JUVENILES, HANDLING THOSE CASES FROM TRUANCY TO RAPE. AND I FEEL THAT MY DEDICATION IN THE FAMILY LAW HAS LED ME TO SEEK A JUDGESHIP BECAUSE I FEEL I CAN MAKE A DIFFERENCE THERE AND OBVIOUSLY STILL PROVIDE FOR MY FAMILY AND MAKE A DIFFERENCE. AND IT'S SOMETHING THAT I DISCUSSED WITH MY WIFE BECAUSE I CERTAINLY RECOGNIZE NOWADAYS, IT'S NOT AN EASY JOB WITH THE TRAVEL REQUIREMENT AND THE PRESSURE THAT'S PUT ON YOU AND IT'S SOMETHING I WANT TO DO, AND I THINK I WOULD BE A GOOD JUDGE. I THINK MY BUSINESS EXPERIENCE, MY EDUCATIONAL EXPERIENCE, AND MY FAMILY COURT EXPERIENCES MAKE ME QUALIFIED FOR THE POSITION.
Q. THANK YOU, SIR.
A. THANK YOU.
SENATOR SMITH: MR. WILSON.
(JOSEPH A. WILSON, II, CANDIDATE FOR JUDGE OF THE FAMILY COURT OF THE FIFTH JUDICIAL CIRCUIT, WAS DULY SWORN BY SENATOR SMITH.)
Q. THANK YOU, SIR. HAVE YOU HAD AN OPPORTUNITY TO REVIEW OUR SUMMARY OF THE QUESTIONNAIRE?
A. YES, I HAVE, SENATOR.
Q. IS IT CORRECT? NEED ANY CHANGES OR CORRECTIONS?
A. FROM WHAT I CAN SEE, IT IS CORRECT.
Q. ALL RIGHT, AND WE WILL MAKE IT A PART OF THE RECORD AS YOUR SWORN TESTIMONY.
1. Joseph A. Wilson, II
Home Address: Business Address:
15 Sunturf Circle P.O. Box 1549
Columbia, SC Columbia, SC
2. He was born in Bishopville, South Carolina on September 20, 1947.
Social Security Number: ***-**-*****
4. He was married to Sharon Burch on October 21, 1972. They have 3 children: Kali, age 12; Kiva, age 5, and Joseph III, age 16 months.
5. Military Service: None
6. He attended Clark College, Atlanta, Georgia, B.A. Degree, Business Administration, 1969 and Yale Law School, New Haven, Conn., J.D. Degree, 1973.
8. Legal Experience since graduation from law school:
1973-1974, Sachs, Sachs, and Sachs, Attorneys, New Haven, Conn.; 1975-1976, Assistant Attorney General, State of South Carolina;
1976(October)-1979, private practice of law, Wilson and Washington (approximately 3 months in 1976, Oct.-Dec., employed in Law Offices of E.W. Cromartie); Assistant Solicitor, Twelfth Judicial Circuit, Florence, S.C. (part-time); 1980-1982, Assistant United States Attorney, District of South Carolina; 1982-1983, Partner, Brown, Stanley, and Wilson, Attorneys at Law, Columbia, S.C.
9. Frequency of appearances in court during the past five years:
Federal - 15%
State - 60%
Other - 25%
(administrative proceedings)
10. Percentage of litigation:
During approximately five years of private practice his litigation approximated the following percentages:
Civil: 40% Domestic: 50% Criminal: 10%
(excluding criminal cases tried while serving as Assistant Solicitor)
In his present position, approximately 90%-complex civil litigation; 10%-criminal litigation; and pro bono domestic litigation and advice.
11. Percentage of cases in trial courts:
Approximately 40% of cases in trial courts were jury and 60% non-jury. While serving as Assistant Solicitor, all cases which went to trial were tried by jury and he was almost always sole counsel. As an Assistant U.S. Attorney, all claims pursuant to the Federal Tort Claims Act were tried by a judge, and he acted as sole counsel. In private practice, his domestic and Workmen's Compensation cases were non-jury while other litigation was tried before a jury. In his present position, a majority of his state and federal litigation has been non-jury and in those cases tried he has generally acted as co-counsel.
12. Five (5) of the most significant litigated matters in either trial or appellate court:
(a) Ernest Patterson v. Susan R. Patterson, Richland County Family Court, 78-DR-40-0444
This case was significant because it represented a hotly contested divorce involving middle aged parties with strong disagreement as to property division, fault, etc. Legal research, client conferences, extensive negotiation, hearing preparation and patience was required.
(b) Taylor v. United States, Civil Action No. 80-378-0, U.S.D.C.S.C.
This was a major claim under the Federal Tort Claims Act for damages arising out of the alleged failure of Army counseling personnel to institutionalize a soldier who later murdered Ms. Taylor. Claim was of major interest to the Department of Justice because of the damage claim involved and the disputed compensability of such a claim under the Federal Tort Claims act.
(c) United States v. Yates, United States Court of Appeals, Fourth Circuit, Circuit Court No. 80-1668
This was unanimously reversed by the Fourth Circuit of a Federal District Court decision which potentially would have thwarted the Veterans Administration's ability to recoup losses incurred as a result of default by its borrowers.
(d) Gregg v. Dorchester countY School System and State Workers Compensation Fund, Supreme Court Opinion No. 20595, February 7, 1978
This was a total disability case which tested the applicability of the "going and coming from work rule" to a trip by claimant which resulted in the accident and substantial damages suffered by claimant.
(e) Carll v. S.C. Jobs Economic Development Authority, S.C. Supreme Court, Opinion No. 22248, February 26, 1985
This was a lawsuit brought to test the constitutionality of the statute which created JEDA. He participated in strategy sessions and made a major segment of the Circuit Court legal argument on behalf of the Authority. The Circuit Court finding of constitutionality was ultimately affirmed by the Supreme Court.
14. Public Office: Richland County Council Member, appointed to fill the unexpired term by the Governor; appointed in 1977; served approximately one year (approximately March 1977 to June 1978)
15. Unsuccessful candidate: He lost a run-off election for the House of Representatives in 1978.
17. Other Occupation: He taught business/law courses part-time at Allen University, Columbia, S.C. in 1977.
23. Health is good.
26. He takes a prescription for mild hypertension from Dr. Waitus O. Tanner, 1806 Washington Street, Columbia, S.C.
30. Civic, charitable, religious, educational, social, and fraternal organizations: Richland Lexington Economic Development Commission; Chairman, Columbia Urban League; Board of Trustees, Francis Burns United Methodist Church; Greater Columbia Chamber of Commerce Image Campaign Steering Committee; Omega Psi Phi Fraternity; Columbia Action Council; Men's Choir, Francis Burns United Methodist Church
33. Five letters of reference:
(a) Charlton L. Whipple, Assistant Vice President
Columbia Corporate Accounts
C & S National Bank of South Carolina
Columbia, SC 29222
(b) Thomas P. Simpson, Esquire
P.O. Box 7667, Columbia, SC 29202
(c) Hon. T. Travis Medlock
Attorney General
P.O. Box 11549, Columbia, SC 29211
(d) I.S. Leevy Johnson, Esquire
P.O. Box 1431, Columbia, SC 29202
(e) T. Kenneth Summerford, Esquire
P.O. Box 282, Florence, SC 29503
Q. I SEE THAT YOU ARE 40 YEARS OLD; BORN IN BISHOPVILLE, WHICH IS CLOSE TO HEAVEN.
A. THAT'S RIGHT.
Q. HAVE ALSO DISCLOSED SOME SIGNIFICANT LITIGATION. I WAS PARTICULARLY INTERESTED IN THE CASE INVOLVING THE ARMY COUNSELING PERSONNEL IN THE TORT CLAIMS ACT.
A. THAT'S CORRECT.
Q. WHICH I WOULDN'T EVEN KNOW HOW TO START LOOKING UP THE LAW FOR THAT.
A. IT WAS A VERY INTERESTING CASE.
Q. YOU HAVE DISCLOSED THE MILD HYPERTENSION. DO YOU TAKE MEDICATION? YOU DO TAKE MEDICATION FOR THAT?
A. YES, SIR.
Q. WHAT DO YOU TAKE?
A. LOWPRESSOR, 50 MILLIGRAMS.
Q. THE BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE ADVISE US THERE ARE NO FORMAL COMPLAINTS. SLED REPORT SAYS, AND THE HIGHWAY DEPARTMENT AND SHERIFF'S OFFICE AND RICHLAND COLUMBIA POLICE DEPARTMENT AND SLED ITSELF ARE ALL NEGATIVE AND NO JUDGMENTS AGAINST YOU AND YOUR FINGERPRINT CARD IS CLEAR. YOU HAVE DISCLOSED ON YOUR STATEMENT OF ECONOMIC INTEREST YOUR SALARY IN THE OFFICE OF THE ATTORNEY GENERAL AND NO OTHER CONFLICTING DISCLOSURES OR INTERESTS OR CONNECTIONS. MR. WILSON, YOU'RE IN SORT OF AN EXCITING PLACE, SEEMS TO ME AND YOU HAVE ENJOYED A, AS I KNOW PERSONALLY, A SUCCESSFUL PRACTICE IN CASES IN ALL COURTS. YOU DON'T THINK YOU ARE GOING TO FEEL CONFINED ON THE FAMILY COURT?
A. WELL, I'VE BEEN ASKED THAT SENATOR AND THE SHORT ANSWER IS, NO, I DO NOT. I SUPPOSE I'VE REALLY ENJOYED MY PRIVATE PRACTICE. ABOUT HALF OF IT WAS DOMESTIC WORK BUT I ALSO DID A LOT OF OTHER THINGS. I PARTICULARLY ENJOY THE FEDERAL PRACTICE. I PARTICULARLY ENJOYED THE TIME AS AN ASSISTANT SOLICITOR. TRIAL PRACTICE DOES INTEREST ME, BUT THE FAMILY COURT INTERESTS ME, TOO, IN THAT, NUMBER ONE, I THINK IT'S, THE TIME I SPENT THERE I DID A LOT OF WORK FOR THE RICHLAND COUNTY DEPARTMENT OF SOCIAL SERVICES INVOLVING WITH A LOT OF TERMINATION OF PARENTAL RIGHTS AND THINGS OF THAT NATURE, CUSTODY DISPUTES AND SO FORTH; AND IT SEEMS AS IF EVEN WITH THE POPULARITY OR AT LEAST THE INTEREST THAT THE GENERAL PUBLIC HAS IN THE CASES IN GENERAL SESSIONS COURT, IT SEEMS AS IF WHEN YOU ARE DEALING WITH PEOPLE'S CHILDREN AND QUESTIONS ABOUT WHO GETS PROPERTY IN A DIVORCE, THAT OFTENTIMES THOSE ARE THE MATTERS WHICH I THINK GO TO THE HEART OF EVERY CITIZEN; FOR THAT REASON, I THINK IT WOULD BE INTERESTING. IN ADDITION, I THINK IT WOULD BE AN OPPORTUNITY TO MAKE A REAL CONTRIBUTION TO A LOT OF THE YOUNGSTERS WHO COME THROUGH THE COURT SYSTEM, HAVING DEFENDED SOME OF THOSE YOUNGSTERS; ALSO, HAVING GIVEN SOME VOLUNTEER TIME TO SOME OF THOSE YOUNGSTERS. I THINK THE CHALLENGE OF TRYING TO BE AN EXAMPLE FOR SOME OF THEM AND HANDLE THEM THROUGH AS THEY COME THROUGH THE FAMILY COURT SYSTEM, I THINK IS A REAL CHALLENGE. SEVERAL JUDGES HAVE TOLD ME THAT THAT CAN BE DEPRESSING RATHER THAN CHALLENGING, SOMETIMES MORE DEPRESSING THAN CHALLENGING; BUT I THINK IT'S THE KIND OF THING THAT WILL ALLOW ME TO USE SOME INGENUITY AND TRY TO DO SOME POSITIVE THINGS FOR YOUNG FOLKS.
Q. THANK YOU. ANYTHING ELSE YOU WOULD LIKE TO ADD? I'VE RUN OUT OF QUESTIONS.
A. NO, SIR.
Q. THANK YOU, SIR.
SENATOR SMITH: I WANT TO THANK ALL THREE OF YOU WHO ARE RUNNING FOR THE FIFTH CIRCUIT.; I WANT TO SAY I THINK IT'S ANOTHER SIGN OF WHAT'S HAPPENING IN THE JUDICIARY, JUDGE, THAT WE HAVE GOT THREE YOUNG, EXTREMELY QUALIFIED PEOPLE. OF COURSE, THE COMMITTEE HASN'T SAID THAT YET AND I PROBABLY SHOULDN'T BUT I DON'T THINK THERE IS REALLY ANY QUESTION ABOUT IT. AND I THANK YOU FOR COMING; DELIGHTED TO HAVE YOU STAY BUT IF YOU HAVE OTHER THINGS TO DO, YOU CAN GO. SOME OF YOU HAVE COME IN AND SOME OF YOU HAVE HEARD THIS ONCE AND SOME OF YOU HAVE HEARD IT TWICE AND I WILL GIVE IT TO YOU A THIRD TIME. I KNOW MR. HARRISON HAS COME IN. WE ARE DOING TWO HEARINGS AT ONE TIME AND I'M SORT OF SERVING AS THE HEARING OFFICER FOR THE COMMITTEE. THE OTHER SEVEN ARE IN THE NEVER-NEVER LAND OF CHARLESTON, ALTHOUGH THEY ARE HERE IN COLUMBIA; AND THAT'S THE REASON WE ARE DOING THAT. AND THE COMMITTEE HAS REVIEWED THE DOCUMENTS AND WE WILL REVIEW THEM AGAIN, BUT WE FELT SINCE WE HAD THIS SET UP FOR SO MANY PEOPLE WHO OBVIOUSLY HAD TO CANCEL COURT OR WHATEVER THEY HAD TO DO TO BE HERE THAT WE THOUGHT WE BETTER PROCEED; AND THE OTHERS ARE NOT HERE OUT OF ANY DISINTEREST. THEY HAD PROBABLY RATHER BE HERE, AND AS I--BUT THEY ARE HERE, THEY ARE ACROSS THE WAY IN THE GRESSETTE BUILDING; AND AS I SAID AT THE OUTSET AND I WANT TO SAY AGAIN TO ALL OF YOU, WHAT HAPPENED IS THAT HEARING IS CERTAINLY MORE DRAMATIC THAN THIS BUT THIS IS PROBABLY MORE IMPORTANT TO THE PEOPLE OF THE STATE BECAUSE WE ARE IN THE FAMILY COURT AND IT'S THE KEY WITHOUT A JURY, THE DECISIONS THAT ARE MADE. SO, HAVING SAID THAT, I'M GOING TO STAND UP AND TAKE ABOUT A FIVE MINUTE BREAK. AND WHAT I PROPOSE TO DO IS WHEN WE COME BACK TO TAKE, JUDGE ROGERS?
JUDGE ROGERS: YES, SIR.
SENATOR SMITH: YOU'VE BEEN SITTING. WHY DON'T WE TAKE YOURS NEXT; AND THEN WE'LL GO TO THE EIGHTH CIRCUIT, THE NINTH CIRCUIT, AND THE CIRCUIT COURT FOR THE FIFTH CIRCUIT.
SENATOR SMITH: WE WILL AT THIS TIME PROCEED TO EXAMINATION OF THE ELEVENTH JUDICIAL CIRCUIT. THE NOTICE WAS PUBLICALLY MADE AND NO CANDIDATE HAS COME FORWARD AND JUDGE W. FRANK ROGERS, JR. JUDGE, IF YOU WOULD COME AROUND AND TAKE THE CHAIR. ONE CITIZEN HAS FILED A COMPLAINT WHICH I WILL PUBLISH. IS MR. GODSHALL HERE OR ANYONE ON HIS BEHALF?
SENATOR SMITH: IS PATRICIA GODSHALL HERE?
SENATOR SMITH: ALL RIGHT. JUDGE, I WOULD ASK YOU TO RAISE YOUR HAND AND TAKE THE OATH.
(W. FRANK ROGERS, JR., CANDIDATE FOR JUDGE OF THE FAMILY COURT OF THE ELEVENTH CIRCUIT, SEAT #1, WAS DULY SWORN BY SENATOR SMITH.)
Q. JUDGE, YOU'VE HAD THE OPPORTUNITY TO REVIEW THE SUMMARY OF YOUR QUESTIONNAIRE?
A. YES, SIR.
Q. IS IT CORRECT? DO WE NEED TO ADD ANYTHING OR CORRECT ANYTHING?
A. I BELIEVE IT'S SUBSTANTIALLY CORRECT. I WOULD POINT OUT THAT WITH REGARD TO MY YEARS OF SERVICE AS A MUNICIPAL COURT JUDGE IN LEXINGTON AND CAYCE THAT ON THE ORIGINAL SHEET THAT I WROTE, I PUT THOSE AS APPROXIMATE DATES. I, FRANKLY, DIDN'T GO BACK AND TRY TO VERIFY THOSE DATES WITH THE MUNICIPALITIES INVOLVED. I THINK THOSE THAT I PUT THERE ARE VERY CLOSE. THEY ARE APPROXIMATED, HOWEVER.
Q. ALL RIGHT, SIR.
1. W. Frank Rogers, Jr.
Home Address: Business Address:
1217 Cardinal Drive Lexington County Courthouse
West Columbia, SC 29169 Lexington, SC 29072
2. He was born in Columbia, South Carolina on May 4, 1940.
Social Security Number: ***-**-*****
4. He was married to Melinda Sue Coffey on February 18, 1978. They have 2 children: William Franklin, III, age 9 and Jenny Kathleen, age 2.
5. Military Service: None
6. He attended Clemson University, 1958-1962, B.S. and the University of South Carolina Law School 1963-1966, J.D.
8. Legal Experience since graduation from law school:
Private practice, 1966-1974; Lexington County Family Court, 1974-1977; and Family Court, Eleventh Judicial Circuit, 1977-date
13. Judicial Office: Lexington Municipal Court, 1970-1971, appointed; Cayce Municipal Court, 1971-1974, appointed; Lexington County Family Court, 1974-1977, appointed; Family Court, Eleventh Judicial Circuit, 1977-date, elected
15. Unsuccessful candidate: Lexington County Probate Judge, 1970
16. He is one of two partners in a real estate investment partnership called New Brookland Associates.
22. Disciplined: There have been some complaints concerning his judicial decisions, but all were determined unfounded to his knowledge.
23. Health is good.
30. Civic, charitable, religious, educational, social, and fraternal organizations: Brookland United Methodist Church; Lexington Country Club; Masons; Woodmen of the World; IPTAY; Clemson Alumni Association
33. Five letters of reference:
(a) Raymond S. Caughman, President
The Lexington State Bank
P.O. Box 8, Lexington, SC 29072-0008
(b) Frontis Clark, Director of Community Programs S.C.
Department of Youth Services, Tri-County Office
116 West Church Street, Saluda, SC 29138
(c) Archie L. Harman, Esquire
P.O. Box 846, Lexington, SC 29072
(d) Hon. Edith C. Padget, Clerk of Court
Saluda County Courthouse, Saluda, SC 29138
(e) Hon. Edith R. Harris, Clerk of Court
McCormick County P.O. Box 86, McCormick, SC 29835
Q. THE BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE HAS REPORTED THAT NO COMPLAINTS OR CHARGES HAVE BEEN FILED AGAINST YOU AND JUDICIAL STANDARDS HAS NO RECORD OF REPRIMANDS. THE HIGHWAY DEPARTMENT, THE LEXINGTON COUNTY SHERIFF'S OFFICE, AND THE WEST COLUMBIA AND LEXINGTON POLICE DEPARTMENT ARE NEGATIVE, WHICH MEANS THEIR RECORDS ARE NEGATIVE, WHICH MEANS THEY ARE POSITIVE, AS I UNDERSTAND.
SENATOR SMITH: SLED RECORDS ARE NEGATIVE; AND THERE ARE NO JUDGMENTS. THE F.B.I. FINGERPRINT CARD IS CLEAR. YOUR CREDIT IS SATISFACTORY AND YOU'VE DISCLOSED NO ECONOMIC INTEREST OTHER THAN YOUR SALARY WHICH MIGHT BE CONFLICTING. YOU HAVE DISCLOSED ALSO THAT YOU ARE A PARTNER IN A REAL ESTATE INVESTMENT CALLED NEW BROOKLAND ASSOCIATES AND I DOUBT VERY SERIOUSLY THAT WOULD EVER COME BEFORE YOU IN ANY CAPACITY AS A FAMILY COURT JUDGE, BUT IF IT DID I'M CONFIDENT YOU WOULD RECUSE YOURSELF; WOULDN'T YOU. I GUESS, I'M SURE YOU WOULD. HOW DOES A JUDGE HANDLE THAT?
A. A SITUATION, QUESTION CAME UP ONE TIME, I THINK, WELL, I DON'T THINK, ONE TIME THAT I KNOW OF WHEN I WAS ON THE BENCH IN A DIVORCE CASE AND DISCOVERED REALLY QUITE BY ACCIDENT THAT--BECAUSE I DIDN'T RECOGNIZE THESE NAMES--THESE WERE SOME RENTERS AND I'M NOT THAT FAMILIAR WITH IT. THIS INVESTMENT INVOLVES A FEW RENTAL UNITS AND I DIDN'T RECOGNIZE THE NAME BECAUSE I DON'T DO THE RENTING. BUT I GUESS IT CAME TO MIND, CAME THE LIGHT AS A RESULT OF THE ADDRESS THAT WAS GIVEN OR PRIOR ADDRESS OF THIS COUPLE, AND WHEN I HEARD THAT THEN I GOT SUSPICIOUS ABOUT THE SITUATION AND STARTED ASKING QUESTIONS BECAUSE I WAS CONCERNED, TOO. AND THEN IT TURNED OUT THAT THIS COUPLE HAD, IN FACT, RENTED AN APARTMENT THAT I HAD HAD AN INTEREST IN; AND, SO, OF COURSE, I DID STOP THE PROCEEDINGS RIGHT THEN AND OFFERED TO EXCUSE MYSELF AND DISCUSSED IT ON THE RECORD WITH BOTH THEM AND THEIR ATTORNEYS. THEY ALL WANTED ME TO PROCEED WITH THE TRIAL; SO, WE DID, BUT AFTER FULL DISCLOSURE OF THE SITUATION.'
Q. WHAT DOES A JUDGE DO WHEN A QUESTION COMES UP LIKE THAT AND YOU'RE UNCLEAR? IS IT SOMEWHERE YOU GO AND ASK? IF YOU HAD TO, I GUESS THE--COULD YOU WRITE SOMEBODY? YOU KNOW, IF YOU HAD A CONFLICT COME UP, YOU KNOW, I MEAN I CAN GO FIND A LAWYER OR ASK THE ETHICS COMMISSION TO GIVE ME AN ADVISORY OPINION OR SOMETHING.
A. I WOULD LOVE TO BE ABLE TO DO THAT. UNDER THOSE CIRCUMSTANCES YOU SORT OF HAVE TO FLY BY THE SEAT OF YOUR PANTS.
Q. I GUESS YOU DO.
A. AND TRY TO, I GUESS, BEND OVER BACKWARDS TO REMOVE YOURSELF FROM THE SITUATION; BUT IN THIS CASE, EVERYONE WAS, IN FACT, INSISTENT THAT WE GO FORWARD WITH THE HEARING AND SO WE DID SO. THAT'S NOT A LARGE INVESTMENT SITUATION. I WOULDN'T BE ON THE FAMILY COURT BENCH, I GUESS, IF I HAD MULTIPLE RENTAL UNITS AND INVESTMENTS IN PROPERTY BUT THAT WAS JUST ONE CIRCUMSTANCE WHERE IT DID COME TO LIGHT BUT THERE WAS FULL DISCLOSURE.
Q. ALL RIGHT, SIR. JUDGE, YOU HAVE INDICATED THAT; THERE HAD BEEN SOME COMPLAINTS CONCERNING JUDICIAL DECISIONS BUT IT HAD BEEN DETERMINED UNFOUNDED. AS I HAD MENTIONED, WE HAD ONE CITIZEN FILE WITH US A COMPLAINT WITH DOCUMENTS ATTACHED WHICH WE HAVE REVIEWED AND WILL REVIEW AGAIN WHEN WE MEET TO MAKE OUR DECISION ON THIS MATTER. I HAVE THAT COMPLAINT. WHAT I WOULD LIKE TO DO IS TO PUBLISH AND MAKE A PART OF THE RECORD, IF I MIGHT, A LETTER FROM MR. ALFRED CONRAD GODSHALL. MR. GODSHALL, AS I UNDERSTAND IT, IS ILL, OUT OF STATE, AND COULD NOT BE HERE BUT ASKED THAT I PUBLISH THIS LETTER AND I THINK I'M GOING TO HAVE TO DO THAT UNDER THE STATUTE.
A. YES, SIR.
Q. SO, I WILL PUBLISH IT AT THIS TIME. IT'S WRITTEN FROM ALFRED CONRAD GODSHALL, 9232 INTERLAACHEN LANE, JACKSONVILLE, FLORIDA, ON THE DATE OF MARCH 14, 1988, ADDRESSED TO GENERAL ASSEMBLY'S JUDICIAL SCREENING COMMITTEE, ATTENTION THE CHAIRMAN.
"GENTLEMEN: I WISH TO CONTEST THE REAPPOINTMENT OF JUDGE FRANK ROGERS ON MARCH 24, 1988 BY YOUR COMMITTEE.
JUDGE ROGERS HAS TAKEN UNLAWFUL AND UNETHICAL ACTIONS WITH HIS DECISIONS MADE IN CASE NO. 87-DR-32-2711 IN WHICH HE ENTERED ON SEPTEMBER 18, 1982, WHERE I WAS INVOLVED. JUDGE ROGERS ACTED AS A HITLER IN THE CASE. HE HAS MADE HIS OWN LAWS TO SATISFY HIS DESIRES AND THAT OF THE ATTORNEY, DAVID A. CULBERSON. AND, I AM BELOW LISTING ACTIONS TAKEN BY ROGERS THAT WERE EITHER UNLAWFUL OR INCONSIDERATE FOR A JUDGE OR ANY HUMAN BEING. AND WITHOUT GOING INTO THE FULL DETAILS--OF COURSE, IT WILL BE AVAILABLE IN THE RECORD FOR ANYONE TO REVIEW--APPARENTLY IT'S AN OBJECTION TO THE FACT THAT YOU AWARDED A 20-YEAR-OLD SON OVER $20,000 TO AGAIN GO OFF TO COLLEGE EVEN THOUGH THE SON WAS 20 YEARS OF AGE AND TWO YEARS PRIOR HAD GONE OFF TO COLLEGE AND QUIT. YOU AWARDED THE EX-WIFE OVER $100,000 WITHOUT ANY PROOF OR ABILITY TO PAY; COMPLETELY REWROTE THE ORIGINAL DIVORCE; AND YOU APPARENTLY SIGNED AN ORDER FOR INCARCERATION OF MR. GODSHALL WHO WAS IN POOR HEALTH AT THE TIME; AND APPARENTLY YOU ORDERED SOME STOCK SOLD. DO YOU KNOW WHETHER OR NOT THIS WAS ONE OF THE--WELL, OBVIOUSLY IT WAS ONE OF THE COMPLAINTS MADE TO JUDICIAL STANDARDS; WAS IT? YOU DO NOT KNOW?"
A. I DON'T KNOW. THE ONES I REFERRED TO ARE WAY ON BACK BEFORE THE--BACK WHEN I WAS COUNTY FAMILY COURT JUDGE, I GUESS, IN LEXINGTON, I RECALL A FEW COMPLAINTS THAT WERE MADE AT THAT TIME THAT WERE, IN ESSENCE, FOUND UNFOUNDED.
Q. ALL RIGHT; DO YOU HAVE ANY RECOLLECTION OF THIS MATTER OR DO YOU WANT TO COMMENT ON IT OR RESPOND TO IT?
A. I HAVE A RECOLLECTION. I GUESS, MY ONLY COMMENT WOULD BE THAT THAT LITIGATION, I THINK, STARTED PROBABLY BACK IN THE LATE 70'S AND PROGRESSED ON THROUGH IN ONE FORM OR ANOTHER PROBABLY MAYBE 1985 OR '86; WELL, I BELIEVE THERE IS STILL SOMETHING PENDING IN THE COURT, COME TO THINK OF IT. BUT IT FELL MY LOT TO HAVE SEVERAL HEARINGS IN THAT. I DIDN'T HEAR ALL OF IT. AND JUST THE LUCK OF THE DRAW, I GUESS, BUT MY BEST RECOLLECTION IS IN THE HEARINGS IN THE GODSHALL MATTER THAT WERE BEFORE ME THAT MR. GODSHALL NEVER PERSONALLY APPEARED, AND TO MY KNOWLEDGE NEVER APPEALED ANY DECISION THAT I MADE. BUT I FRANKLY WOULDN'T KNOW MR. GODSHALL IF HE WERE IN THIS ROOM.
Q. ALL RIGHT, SIR. THE LITIGATION HAS GONE ON, WELL, SEPTEMBER 28TH, '79 THE DIVORCE WAS GRANTED WHICH MEANS IT STARTED BEFORE THAT AND INDICATES JULY 28TH 1986 YOU DENIED SOME MOTIONS OF MR. GOLDEN AND THAT'S THE LAST INDICATION HERE; SO, IT HAS BEEN A RIGHT PROTRACTED LENGTHY MATTER.
A. RIGHT. I SAW MR.--MR. LESTER IS HERE.
Q. YES, SIR.
A. HE'S UP HERE ON ANOTHER MATTER, I THINK, OR IN THE BUILDING ON ANOTHER MATTER BUT BY COINCIDENCE I NOTED HE WAS COUNSEL IN THAT CASE AND PROBABLY WOULD HAVE A LOT BETTER RECOLLECTION THAN I OF THE CIRCUMSTANCES. OF COURSE, I EXPECT THAT THERE IS VERY LITTLE THAT HE COULD RELATE AS AN ATTORNEY BECAUSE OF PRIVILEGE.
Q. YES, SIR. ALL RIGHT, SIR, YOU ARE NOT ASKING HIM TO TESTIFY FOR YOU.
A. NO, SIR. NO, SIR. NOT UNLESS HE WANTS TO.
Q. ALL RIGHT; ANYTHING ELSE, SIR?
A. NO, SIR. I GUESS THE ONLY THING NEW THAT I CAN REPORT IS THE BIRTH OF A CHILD SINCE THE LAST SCREENING AND I DON'T INTEND TO REPORT SIMILAR NEWS IN THE FUTURE IF I AM FORTUNATE ENOUGH TO BE REELECTED. I THINK THAT'S IT.
Q. ALL RIGHT, THANK YOU SIR.
A. THANK YOU, SIR. SENATOR SMITH: WE WILL NOW PROCEED TO--BE DELIGHTED TO HAVE, YOU, STAY JUDGE.
JUDGE ROGERS: THANK YOU, SIR. IF I MAY BE EXCUSED, I WILL GO AHEAD.
SENATOR SMITH: YES, SIR. YES, SIR.
WE WILL FOR NOW PROCEED TO EXAMINE CANDIDATES FOR THE VACANCIES ON THE EIGHTH JUDICIAL CIRCUIT. THIS IS THE SEAT OF JUDGE LAKE, RETIRED. AS UNDERSTAND IT, THIS SEAT IS--WELL, HIS TERM EXPIRED ACTUALLY ON FEBRUARY 29TH, 1988, AND THREE CANDIDATES HAVE COME FORWARD FOLLOWING THE PUBLIC NOTIFICATION OF THE VACANCY AND NO CITIZEN HAS ASKED TO BE HEARD WITH REGARD TO ANY ONE OF THEM, AND I WOULD NOW PROCEED TO TAKE THEM UP IN ALPHABETICAL ORDER WITH MR. FRANK PARTRIDGE FIRST.
(W. FRANK PARTRIDGE, JR., CANDIDATE FOR JUDGE OF THE FAMILY COURT OF THE EIGHTH JUDICIAL CIRCUIT, SEAT #2, WAS DULY SWORN BY SENATOR SMITH.)
Q. MR. PARTRIDGE, YOU HAVE HAD AN OPPORTUNITY TO REVIEW THIS QUESTIONNAIRE?
A. YES, SIR.
Q. OR SUMMARY?
A. YES, SIR.
Q. IS IT CORRECT?
A. YES, SIR.
Q. ANYTHING WE NEED TO ADD?
A. NO, SIR.
Q. ALL RIGHT, SIR. WITHOUT OBJECTION THEN, I WILL MAKE IT A PART OF THE RECORD JUST AS IF YOU HAD TESTIFIED TO IT HERE--
A. YES, SIR.
Q. ---IN THE HEARING AND IT WILL BE PRINTED AS IN ITS ENTIRETY.
1. W. Frank Partridge, Jr.
Home Address: Business Address:
2029 Harrington Street P.O. Box 446
Newberry, SC 29108 Newberry, SC 29108
2. He was born in Newberry, South Carolina on July 16, 1945.
Social Security Number: ***-**-*****
4. He was married to Ilene Stewart on August 16, 1969. They have 2 children: Allison L., age 12 and W.F., III, age 11.
5. Military Service: 1970 to 1974; U.S. Air Force Active Duty; Captain; Judge Advocate; 1974-present; Lt. Colonel; USAF Reserves; Shaw AFB, S.C.; Serial No. ***-**-*****; Honorable Discharge from Active Duty
6. He attended The Citadel, 1967-1970, B.A. History and the University of South Carolina Law School, 1970-1973, J.D.
8. Legal Experience since graduation from law school:
USAF Judge Advocate, 1970-1974; Pope & Hudgens, P.A., Attorneys at Law, 1974-1984; Law Office of W. Frank Partridge, Jr., 1984-present
9. Frequency of appearances in court during the past five years:
Federal - several cases
State - numerous appearances in General Sessions, Common Pleas and Family Courts. Have appeared in Family Court in over 350 cases concerning numerous issues regarding domestic matters.
(numerous cases in Magistrate's Court and Social Security hearings)
10. Percentage of litigation:
Civil: 5% Domestic: 95% Criminal:
11. Percentage of cases in trial courts:
Jury: 5% sole counsel Non-Jury: 95% - Family Court sole counsel
12. Five (5) of the most significant litigated matters in either trial or appellate court:
(a) Shouse v. Shouse, Supreme Court Opinion. No. 87-MO-056
He represented the Petitioner-Father who was granted custody of his six-year-old son. The Supreme Court upheld the Family Court's Order granting custody to the father and splitting custody of two step-brothers. The reason this case is significant is because the Court upheld the Family Court's ruling to split custody of step-brothers.
(b) Brockington v. Brockington, 286 SE 2nd 381
The Supreme Court upheld the Family Court Order which denied the Petitioner's request for reduction and termination of alimony to the Respondent-Wife. This case is significant because the Court stated in its opinion that part of the relief the Petitioner was seeking was a reduction in the future and the Court upheld the position that the Supreme Court does not issue advisory opinions and confirmed the previous case law regarding reduction of alimony by showing altered circumstances.
(c) Doe v. Doe, Newberry Family Court case.: (Names not listed to protect clients' interest.)
This case is significant because the Court terminated the parental rights of the Respondent-Father and granted the adoption to the Petitioner against the recommendations of the Guardian ad Litem for the minor child.
(d) Doe v. Doe, Laurens County Family Court case. (Names not listed to protect client's interest.)
He represented an heiress in an extremely complicated divorce, which included custody, equitable distribution of real and personal property in the millions of dollars. The case is significant because of the magnitude of the money involved and the tax consequences regarding a real property settlement, alimony and equitable distribution of stocks and bonds.
(e) Doe v.,Doe, Greenwood County Family Court case. (Names not listed to protect client's interest.)
He represented a professional baseball player who was the second baseman for the Philadelphia Phillies, which dealt with custody, division of personal property, including part of his bonus from playing in the World Series. This case is significant because the Court had to address the issue of division of proceeds received by one party from playing in the World Series.
13. Judicial Office: Municipal Court Judge; City of Newberry, South Carolina; appointed by City Council in September, 1975 to present. This Court deals with matters regarding City Ordinances and traffic violations.
21. Sued: He has never been sued personally or professionally. He was named as a Defendant as a Court-Appointed Receiver in the case of Neel v. Waldrop; however, the Court dismissed him as a Defendant since he was a Court-Appointed Received and all of his actions were done under Court Order and, therefore, he was immune in this suit.
22. Disciplined: He has never been cited for a breach of ethics or unprofessional conduct. Two complaints were filed against him; however, both of these were dismissed after investigation since : the complaints were unfounded.
23. Health is excellent.
30. Civic, charitable, religious, educational, social, and fraternal organizations: Lions Club; Amity Lodge No. 87 A.F.M.; Administrative Board, Central United Methodist Church
31. He was appointed by the South Carolina Supreme Court as one of the only five members of the Bar to be on the Family and Matrimonial Law Specialization Advisory Board.
33. Five letters of reference:
(a) J. Thomas Johnson, President
Newberry Federal Savings Bank
1330 College Street, Newberry, SC 29108
(b) Hon. Andrew Shealy, Chief of Police
City of Newberry
P.O. Drawer 538, Newberry, SC 29108
(c) Hon. L. D. Gardner, Jr., Mayor, Pro Tempore
City of Newberry
P.O. Drawer 538, Newberry, SC 29108
(d) Hon. Clarence A. Shealy, Jr., Mayor
City of Newberry
P.O. Drawer 538, Newberry, SC 29108
(e) Bobby Harris, General Manager
Clinton-Newberry Natural Gas Authority
P.O. Drawer 511, Clinton, SC 29325-0511
Q. YOUR CREDIT IS REPORTED SATISFACTORY. THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, THE NEWBERRY COUNTY SHERIFF'S OFFICE, THE NEWBERRY CITY POLICE DEPARTMENT, CRIMINAL RECORDS SECTION OF SLED AND THE JUDGMENT ROLLS OF NEWBERRY COUNTY ALL HAVE NOTHING BAD TO SAY ABOUT YOU. YOUR FINGERPRINT CARD, OF COURSE, HAS NOT BEEN RETURNED WHICH MEANS THAT IT IS IN GOOD ORDER. THE BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE ADVISE US THAT NO FORMAL COMPLAINTS HAVE EVER BEEN FILED AGAINST YOU. AND AS MUNICIPAL JUDGE OF NEWBERRY, JUDICIAL STANDARDS ADVISES US THAT THEY HAVE NO RECORD OF REPRIMANDS.
A. YES, SIR.
Q. I WAS INTERESTED IN YOUR CASE ABOUT HOW YOU DIVIDE UP THE BONUS, A WORLD SERIES BONUS, WHICH WOULD BE A NICE PROBLEM TO HAVE.
A. YES, SIR, IT WAS. THAT WAS A VERY INTERESTING CASE. IT DEALT WITH THE SECOND BASEMAN OF THE PHILADELPHIA PHILLIES AND IT WAS A REAL INTERESTING CASE. THEY HAD PLAYED THE WORLD SERIES AND HE HAD A BONUS AND THE WIFE WAS CLAIMING EQUITABLE DISTRIBUTION IN THE WORLD SERIES BONUS.
Q. CAN YOU TELL ME WHAT HAPPENED?
A. WE ENDED UP SETTLING THE ISSUE ON THE BONUS.
Q. AND HE WENT OFF TO SPRING TRAINING, I GUESS.
A. YES, SIR, HE'S FROM PUERTO RICO AND HE IS THE MICKEY MANTLE OF PUERTO RICO, SO TO SPEAK, AND HE HAS A SUMMER CAMP OVER THERE. HIS WIFE HAD MOVED TO GREENWOOD AND THAT'S WHY WE HAD JURISDICTION IN OUR AREA. AND WE SETTLED IT AND HE WENT ON BACK TO PUERTO RICO AND HE COMES BACK AND FORTH TO THE UNITED STATES.
Q. AND, ALSO, SPLIT THE CASE ON THE SPLIT CASE OF THE STEPBROTHERS.
A. YES, SIR, THAT IS A VERY INTERESTING CASE. IT WAS AN EXTREMELY VOLATILE CASE AND ENJOYED IT VERY MUCH. IT WON CUSTODY FOR THE FATHER OF THE SIX-YEAR-OLD SON AND IT'S THE FIRST CASE THAT I KNOW OF WHERE WE'VE HAD A FULL COURT OPINION. JUSTICE NESS WROTE THE OPINION AND, OF COURSE, THEY UPHELD JUDGE CRANE IN AN OPINION, AND THE STEPBROTHERS WERE SPLIT BECAUSE THEY WERE NOT CLOSE; ONE WAS GETTING THE OTHER ONE IN TROUBLE, AND THE FACTORS WERE JUST RIGHT FOR THE COURT TO UPHOLD THAT; AND I DON'T BELIEVE I HAVE SEEN THAT IN ANY OTHER CASE.
Q. YOU HAVE ALSO DISCLOSED THAT THERE HAVE BEEN SOME COMPLAINTS. I MEANT TO MENTION THIS BEFORE.
A. YES, SIR.
Q. BUT THEY HAVE, OF COURSE, BEEN DISMISSED.
A. RIGHT.
Q. AND NOW GRIEVANCES AND DISCIPLINE GIVES YOU A CLEAN BILL OF HEALTH.
WHAT IS THE--I THINK I KNOW; I'M GIVING YOU THE OPPORTUNITY TO GET IN A COMMERCIAL. I'M GOING TO TRY TO DO THAT FOR ALL OF YOU SO YOU CAN BUILD THE RECORD.
A. YES, SIR.
Q. BUT FAMILY AND MATRIMONIAL LAW SPECIALIZATION ADVISORY BOARD, I THINK I KNOW WHAT IT IS BUT IT'S HARD TO SAY.
A. YES, SIR. THAT WAS BACK IN '83 OR '84; THE SUPREME COURT RECOGNIZED SPECIALIZATION IN CERTAIN AREAS, LAWYERS THAT SPECIALIZED, AND I WAS FORTUNATE TO BE HANDPICKED ALONG WITH FOUR OTHER LAWYERS IN THE STATE, HARVEY GOLDEN, KERMIT KING, JOE MCALVEEN, AND BOB WALLACE. WE WERE PICKED BY THE SUPREME COURT TO DESIGN THE TEST AND EXAMINATIONS FOR ALL THE OTHER LAWYERS WHO WISHED TO BE DOMESTIC RELATIONS EXPERTS. AS YOU KNOW, THAT COMMITTEE STARTED AND WE WORKED APPROXIMATELY TWO YEARS AND THE COURT DECIDED THAT THEY WOULD NOT MOVE FORWARD WITH SPECIALIZATION IN DOMESTIC AT THIS TIME. OF COURSE, WE DO HAVE SPECIALIZATION IN TAXATION NOW, PROBATE COURT, AND THOSE AREAS. SO, IT WAS A VERY PRESTIGIOUS COMMITTEE AND WE WORKED VERY DILIGENTLY AND I WAS VERY HONORED TO BE ON THAT BOARD.
Q. ALL RIGHT, SIR. YOU DESIRE TO BE SEATED ON THE FAMILY COURT. WOULD YOU WANT TO MAKE A SHORT I STATEMENT AS TO THE REASONS?
A. YES, SIR. I DESIRE TO BE SEATED BECAUSE THINK I'M WELL-QUALIFIED. I LOVE THE FAMILY COURT, I HAVE BEEN A SOLE PRACTITIONER FOR THE LAST THREE YEARS DOING PRIMARILY DOMESTIC RELATIONS. I HAVE PARTICIPATED IN THREE C.L.E.'S, TWO OF WHICH HAVE BEEN J.C.L.E.'S. I TAUGHT THOSE AT THE LAW SCHOOL. I AM PRESENTLY ON THE COMMITTEE OF C.L.E. THE SOUTH CAROLINA BAR. AS YOU POINTED OUT EARLIER, I WAS A MEMBER OF THE SPECIALIZATION BOARD AND WORKED VERY DILIGENTLY TO ESTABLISH CRITERIA AND STANDARDS FOR DOMESTIC RELATIONS SPECIALIZATION. I DO FEEL THAT THERE IS A NEED FOR THAT IN OUR AREA BUT WE DO NEED SPECIALIZATION. I HAVE PRESENTLY AND AM PRESENTLY ASSISTANT SOLICITOR IN NEWBERRY COUNTY FOR THE FAMILY MATTERS DOING DEPARTMENT OF YOUTH SERVICES, URESAS, THOSE TYPE ACTIONS; SO, I HAVE EXTENSIVE EXPERIENCE IN THAT. I WANT TO SERVE THE CITIZENS OF THIS STATE AND I FEEL THAT I AM QUALIFIED, AND I ENJOY WRITING OPINIONS, AND WOULD LIKE TO BE ELECTED JUDGE.
Q. THANK YOU.
A. THANK YOU.
SENATOR SMITH: MR. POPE, CAN YOU HEAR ME AMONG THE BELLS RINGING?
MR. POPE: IF WE COULD CLOSE THAT A LITTLE BIT, IT WOULD HELP.
SENATOR SMITH: I THINK SO, YES.
(GARY T. POPE, CANDIDATE FOR JUDGE OF THE FAMILY COURT OF THE EIGHTH JUDICIAL CIRCUIT, SEAT #2, WAS DULY SWORN BY SENATOR SMITH.)
Q. MR. POPE, HAVE YOU HAD AN OPPORTUNITY TO LOOK AT THE SUMMARY AND HAVE WE DONE IT CORRECTLY? DO WE NEED TO ADD ANYTHING?
A. ALL RIGHT, THERE'S ONE CORRECTION AND A COUPLE OF ADDITIONS.
Q. ALL RIGHT, SIR.
A. MY SON GARY TURNED FIVE ON FEBRUARY 24TH. HE IS NO LONGER FOUR.
Q. ALL RIGHT; FOR POSTERITY, WE BETTER CHANGE THAT.
A. RIGHT, AND ON MY ECONOMIC STATEMENT THERE WERE A COUPLE OF THINGS I THOUGHT I WOULD MENTION. I HAD PUT DOWN I HAVE AN 18 PERCENT INTEREST IN SOME PARTNERSHIP PROPERTY.
Q. YES, SIR.
A. AND UPON REFLECTION, WE TOOK AS A FEE A VERY SMALL PIECE OF PROPERTY HERE IN COLUMBIA AND THE LAW FIRM IN COLUMBIA HAS A HALF INTEREST IN IT AND I BELIEVE I HAVE WHAT 10 PERCENT UNDIVIDED INTEREST IN IT AND I THINK MR. PARTRIDGE HAS A 10 PERSON UNDIVIDED INTEREST. HE USED TO PRACTICE WITH US. AND I THINK THE WHOLE THING IS PROBABLY WORTH ABOUT $8,000. IT'S ON THE CONGAREE VISTA AND WE'RE HOPING THAT THAT'S GOING TO EXPAND AND ALL OF THAT, BUT I CONSIDERED---
Q. OH, YES, MAYBE THEY WILL PUT THE NEW CONVENTION CENTER RIGHT ON TOP OF IT.
A. MAYBE SO; BUT I HAD CONSIDERED THAT AS A PARTNERSHIP ASSET, AND, OF COURSE, IF I WERE ON THE BENCH, I WOULD DIVEST MYSELF OF IT. I WOULD LIKE TO POINT OUT THAT MY WIFE IS AN ATTORNEY, ALSO. SHE PRACTICES WITH SINKLER & BOYD, P.A., HERE IN COLUMBIA. I DON'T THINK THEY DO ANY FAMILY LAW BUT I THOUGHT I OUGHT TO MENTION THAT. AND IN REGARDS TO BUSINESS DEALINGS, I DO HAVE A HALF-INTEREST IN A 38-ACRE FARM WITH MY FATHER AND SINCE PRACTICE LAW WITH HIM, WOULD HAVE TO END THAT BUSINESS RELATIONSHIP, THE BUSINESS RELATIONSHIP. OUR FARMING RELATIONSHIP WOULD STAY BUT THAT'S NOT A BUSINESS RELATIONSHIP. WE JUST HAPPEN TO OWN HIS BIRTHPLACE UP IN KINARDS, SOUTH CAROLINA TOGETHER. AND I WOULD MENTION THAT I HAVE ACTED AS THE ATTORNEY FOR THE TOWN ON AN AS-NEEDED BASIS BUT I'M NOT SURE THAT THEY CONSIDER ME AS AN APPOINTED OFFICIAL. I THINK I'VE MADE ABOUT $200 FROM THEM THE LAST FIVE YEARS; SO, I WANTED TO MENTION THAT TO. YOU.
Q. THAT'S FOR THE TOWN OF NEWBERRY?
A. TOWN OF POMARIA.
Q. POMARIA, OKAY.
A. IT'S ONLY ABOUT 300 CITIZENS.
Q. SOUNDS LIKE TO ME BEING TOWN ATTORNEY OF PAMPLICO ON AN AS NEEDED MEANS THEY NEED ME. WHEN I NEED THEM, THERE IS NOTHING.
A. EXACTLY CORRECT.
Q. ALL RIGHT, SIR. YOU HAVE--AS A MATTER OF FACT, I'VE LOOKED AT HUNDREDS OF THESE. YOUR FREQUENCY OF COURT APPEARANCES, NOT ONLY HAVE YOU PUT DOWN THE NUMBER BUT YOU GO INTO GREAT DETAIL WHETHER IT WAS A JURY TRIAL, NON-JURY, OR APPELLATE. HOW DO YOU KEEP UP WITH ALL OF THAT?
A. THOSE WOULD BE MINIMUM NUMBERS. WHAT WE DID, I GOT A LITTLE WORRIED ABOUT THAT AND I COULDN'T GET IN TOUCH WITH BARBARA SATTERWHITE TO FIND OUT EXACTLY WHAT SHE NEEDED; SO, MY SECRETARY AND I SAT DOWN WITH THE ROLLER-DEX AND WE WENT THROUGH AND SHE WROTE THEM DOWN; BUT THOSE WOULD BE MINIMAL NUMBERS.
SENATOR, I'D LIKE TO. SAY, JUST AS AN EXAMPLE, AND YOU KNOW I HAVE. BEEN DOWN HERE AT LEAST THREE DAYS A WEEK THE LAST TWO WEEKS.
Q. YOU'VE BEEN DOWN HERE MORE THAN I HAVE.
A. YES, SIR. IN THE PAST TWO WEEKS I HAVE WRITTEN A 40 PAGE APPELLATE BRIEF, HAD THREE DIVORCES, ONE UNEMPLOYMENT SECURITY HEARING, ONE PROBATE HEARING, ONE SOCIAL SECURITY DISABILITY HEARING, A BANKRUPTCY HEARING, A HEALTH AND HUMAN SERVICES FINANCE COMMISSION HEARING WHILE CAMPAIGNING; SO, I THINK THAT'S A TYPICAL TWO-WEEK PERIOD FOR ME AND I THINK THAT I HAVE A BROAD PRACTICE. BUT THOSE FIGURES THAT ARE STATED WOULD BE MINIMAL. THEY DO NOT COUNT, I THINK, OTHER PEOPLE'S FILES THAT I'VE WORKED ON, ESPECIALLY MY BROTHERS AND MY FATHER'S, AND THAT WAS ONE AFTERNOON WHEN WE WENT THROUGH ROLLER-DEXES THAT WAS WHAT WE COULD COME UP WITH AS A MINIMUM NUMBER.
Q. ALL RIGHT, SIR. I NOTE WITH INTEREST THAT YOU ARE A MEMBER OF MENSA AND WE HAVE A SITTING JUDGE NOW WHO IS, ALSO.
A. WHO IS THAT, SENATOR?
Q. I OUGHT TO PLAY TRIVIA WITH YOU. (LAUGHTER.)
Q. JUDGE SHAW.
A. YES, SIR. YES, SIR.
Q. ALL RIGHT. ARE THERE ANY OTHER CORRECTIONS OR CHANGES OR ADDITIONS?
A. NO, SIR.
Q. ALL RIGHT, WE WILL THEN WITHOUT OBJECTION PUT THIS IN THE RECORD AS IF YOU HAD TESTIFIED.
A. YES, SIR, I WOULD SAY THAT I HAVE NOT SEEN THE CREDIT REPORT BUT I UNDERSTOOD FROM BARBARA THAT IT WAS---
Q. IT IS SATISFACTORY, YES, SIR, WHICH, AGAIN, IS AS GOOD AS YOU CAN GET. I MEAN, THEY DON'T--NOBODY IS EXCELLENT. EVERYBODY IS EITHER SATISFACTORY OR MARGINAL OR BAD, I GUESS.
A. YES, SIR.
1. Gary Tusten Pope
Home Address: Business Address:
2002 Harrington Street P.O. Box 190
Newberry, SC 29108 Newberry, SC 29108
2. He was born in Columbia, South Carolina on August 15, 1949.
Social Security Number: ***-**-*****
4. He was married to Margaret Ann Christian on March 27, 1982.
(Previously divorced from the former Alice Leslie Lander on December 18, 1981 in the Family Court for Newberry County, 81-DR-36-342. He was the moving party on the basis of separation for more than one year. Marital rights were settled by agreement approved by the court, with both parties represented by independent counsel.) He has 4 children: Helen Harrington, age 12; Gary Tusten, Jr., age 5; Elizabeth Christian, age 3; and Ann Stelling, age 1 1/2.
5. Military Service: None
6. He attended the University of the South, 1967-1971, B.A. in English; Newberry College, summer school in 1968 (no degree); Washington and Lee University Law School, 1973-1976, J.D.
8. Legal Experience since graduation from law school:
Upon graduation he was employed by Pope and Schumpert, which later became Pope and Hudgens, P.A., where he has been employed to the present time. He has served as Newberry County Attorney from January, 1980 through the present. In his private practice he has handled a broad range of legal work, including civil litigation, family law, workmen's compensation, social security disability, products liability, real estate, appellate work in the State Supreme Court, a limited criminal practice, and related matters that arise in a general practice in a rural community.
9. Frequency of appearances in court during the past five years:
Federal - 23 cases including 8 hearings, 1 jury trial, 1 non-jury trial, 1 oral appellate argument, and prosecution of 12 appeals from adverse social security disability decisions, and 50 depositions
State - 51 civil hearings, 3 non-jury trials, 2 jury trials, 3 contested arbitration proceedings, 5 appeals to S.C. Supreme Court, 81 Family hearings, 3 full domestic trials, 61 contested social security hearings, 12 Workers Compensation Hearings, a variety of depositions and other administrative hearings, and 11 criminal matters, including one jury trial
10. Percentage of litigation:
Civil: 68% Domestic: 30% Criminal: 2%
11. Percentage of cases in trial courts:
Jury: 5% Non-Jury: 95%
(In non-Jury matters, he has usually acted as sole counsel, and in jury matters he has usually appeared as co-counsel)
12. Five (5) of the most significant litigated matters in either trial or appellate court:
(a) Taylor v. Davenport, 316 S.E.2d 389 (S.C. 1984)
He appeared in the administrative trial before the Tax Commission and argued the appeals to the Circuit Court and to the S.C. Supreme Court. This case involved significant questions relating to the taxability of public property used for private purposes and relating to the definition of public purpose under Article X {3 of the S.C. Constitution.
(b) Stuck v. Pioneer Logging Machinery, Inc., 301 S.E.2d 552 (S.C. 1983)
He was co-counsel at the trial of this matter and argued for the Respondent Stuck before the South Carolina Supreme Court. This case stands for the proposition that an innocent purchaser of a defective product can recover damages from the dealer-seller of the product, if the innocent purchaser is sued by a third party who is injured by the defective product.
(c) Farmers Mutual Fire Insurance Co. vs. the City of Newberry, et al., Memorandum Opinion of the South Carolina Supreme Court filed December 30, 1982
He was co-counsel at trial and argued the Respondent's position before the South Carolina Supreme Court. The Court affirmed the lower court's opinion that the City of Newberry was unconstitutionally overcharging a local non-profit fire insurance company for its business license.
(d) John R. Shealy v. Billie D. Shealy, 87-DR-36-49
He tried this case for a day and a half in July, 1987. The Court was presented with highly contested matters relating to marital misconduct, the entitlement of either party to a divorce, equitable division of marital property, child custody and support, and alimony. He prevailed for his client on her counterclaim, and no appeal was taken from this decision. He acted as sole counsel in this matter.
(e) Janie C. Wheeler v. Heckler, C/A 3:84-1622-3H
He acted as sole counsel in this appeal to the United States District Court in an appeal from an adverse decision in a Social Security disability matter. This case involved complex issues of regulatory interpretation relating to the crediting of earned quarters of coverage for eligibility for disability coverage, and involved the refusal of the Social Security Administration to properly apply an Order of the United States District Court.
13. Judicial Office: He was appointed Assistant City Recorder for the City of Newberry and served from approximately 1980 to 1984. His duties were limited to issuing warrants when the City Recorder was absent, setting bond, and occasionally accepting guilty pleas. He stopped serving in this capacity when the City Recorder, his law partner, left their firm.
14. Public Office: He was appointed by Newberry County Council to serve at their pleasure as Newberry County Attorney, commencing in January, 1980. He has served in this office until the present time.
23. Health is good.
25. He has a slight hearing loss in the higher frequencies. He wears contact lens to correct his nearsightedness.
26. He has been recently treated by Dr. John Holman of Piedmont Internal Medicine, One Professional Park, Greenwood, South Carolina, 29646, for occasional episodes of dizziness of undiagnosed origin.
30. Civic, charitable, religious, educational, social, and fraternal organizations: Lutheran Church of the Redeemer, Newberry, S.C.; formerly a member of St. Luke's Episcopal Church, Newberry, S.C.; The Newberry Country Club; The Palmetto Club; The Capital City Club; The Cotillion Club (of Newberry); The Torch Club of Columbia; MENSA; Ducks Unlimited; The Law School Association of Washington and Lee University; two small supper clubs in Newberry; and The South Carolina Historical Society
33. Five letters of reference:
(a) Michael G. Davenport, Vice President
C & S National Bank of South Carolina
P.O. Box 875, Newberry, SC 29108
(b) Edward F. Lominack, Jr.
Newberry County Administrator
D. Wyman Cook
Chairman, Newberry County Council
P.O. Box 156, Newberry, SC 29108
(c) J.E. McDonald, Esquire
P.O. Box 1207, Greenwood, SC 29648-1207
(d) Eugene C. Griffith, Esquire
P.O. Box 398, Newberry, SC 29108
(e) G.P. Callison, Sr., Esquire
P.O. Box 1115, Greenwood, SC 29648
Q. BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE TELL US THAT NO FORMAL COMPLAINTS OR CHARGES HAVE BEEN FILED AGAINST YOU. THE HIGHWAY DEPARTMENT, NEWBERRY COUNTY SHERIFF'S OFFICE, NEWBERRY CITY POLICE ARE ALL NEGATIVE, AS WELL. AS SLED IS NEGATIVE AND THERE ARE NO JUDGMENTS OF THE NEWBERRY COUNTY RECORDS; AND THE FINGERPRINT CARD HAS NOT BEEN RETURNED. IN ADDITION TO YOUR EARLIER COMMENTS ABOUT YOUR STATEMENT OF ECONOMIC INTEREST, YOU HAVE MENTIONED, OF COURSE, YOU ARE A SHAREHOLDER IN THE LAW FIRM OF POPE AND HUDGENS, AND YOU, TOGETHER WITH THOMAS H. POPE AND JOSEPH H. HUDGENS AND THOMAS H. POPE, III, AND YOU HAVE LISTED THAT YOU ARE COUNTY ATTORNEY FOR NEWBERRY COUNTY. AND YOU CHARGE THEM AN HOURLY RATE, AND THE $6500 DOLLARS, THAT WOULD HAVE BEEN THE LAST CALENDAR YEAR?
A. YES, SIR, THAT'S MY ANNUAL SALARY SET BY THEM. I GET THE SAME SALARY AS THE CHAIRMAN OF COUNTY COUNSEL AND I GET A CHECK EVERY TWO WEEKS FROM THEM.
Q. AND YOU OWN 18 PERCENT IN A PARTNERSHIP WHICH OWNS THE BUSINESS IN WHICH THE LAW FIRM WAS LOCATED.
A. YES, SIR.
Q. I MENTION ALL OF THAT SO THAT WOULD GO IN THE RECORD. IT'S A LITTLE HARD TO DUPLICATE THESE STATEMENTS OF ECONOMIC INTEREST. WHY DO YOU WANT TO GO TO THE FAMILY COURT BENCH? FROM WHAT YOU SAY, IT'S GOING TO TAKE THREE LAWYERS, THE WAY YOU TELL IT, TO TAKE YOUR PLACE?
A. WELL, SENATOR, I HAVE A SHORT PREPARED STATEMENT.
Q. ALL RIGHT, SIR, BE DELIGHTED.
A. I APPRECIATE THE OPPORTUNITY OF APPEARING BEFORE YOU TODAY. I COME FROM A FAMILY BACKGROUND OF LAWYERS AND JUDGES AND A TRADITION OF PUBLIC SERVICE. OVER THE PAST 11 AND A HALF YEARS I'VE ENJOYED A DIVERSE PRACTICE IN A SMALL TOWN AND A RURAL AREA. I'VE BEEN INVOLVED IN FAMILY COURT LITIGATION THROUGHOUT THIS PERIOD AND HAVE HANDLED ALL TYPES OF FAMILY COURT ISSUES, INCLUDING ADOPTION, DIVORCE, SEPARATE MAINTENANCE, ALIMONY, EQUITABLE DIVISION OF MARITAL PROPERTY, ATTORNEY'S FEES, VISITATION, SPOUSAL, CHILD SUPPORT, ENFORCEMENT OF VISITATION, AND TERMINATION OF PARENTAL RIGHTS, ADOPTION, CHILD ABUSE AND NEGLECT. I'VE ALSO REPRESENTED PEOPLE IN A VARIETY OF OTHER TRIAL COURTS RANGING FROM MAGISTRATES COURT IN PROSPERITY TO THE STATE SUPREME COURT HERE IN COLUMBIA. I'VE ENJOYED A LIMITED PRACTICE IN THE FEDERAL COURTS AND A DIVERSE FEDERAL AND STATE ADMINISTRATIVE PRACTICE.
I'VE BEEN A PUBLIC SERVANT MYSELF IN MY ROLE AS THE NEWBERRY COUNTY ATTORNEY FOR THE PAST EIGHT YEARS.
ONE OF THE ROLES OF FAMILY COURT IN OUR SOCIETY IS THE ADJUDICATION OF DIFFERENCES AMONG PERSONS FROM ALL WALKS OF LIFE AND WITH WILDLY VARYING SOCIAL AND ECONOMIC BACKGROUNDS. ANOTHER ROLE IS THE PROTECTION OF THE RIGHTS OF THE VERY YOUNG AND THE VERY OLD WHO CANNOT PROTECT THEMSELVES. WE HAVE ANOTHER ROLE OF THE ADMINISTRATION OF CRIMINAL JUSTICE OF THE YOUTHS OF OUR STATE WHO ARE NOT ABLE TO FOLLOW THE RULES OF OUR SOCIETY. I HAVE FOUR CHILDREN RANGING IN AGES FROM 2 TO ALMOST 13; SO, I'M AWARE OF THE PROBLEMS IN YOUTH.
I BELIEVE THAT I HAVE A BROAD RANGE OF EXPERIENCE BOTH FROM MY LAW PRACTICE AND MY PERSONAL LIFE TO BE ABLE TO FAIRLY JUDGE THOSE WHO WOULD COME BEFORE ME. IN OUR SOCIETY THE FAMILY COURT AFFECTS THE LIVES OF OUR ORDINARY CITIZENS WITH, PERHAPS, THE GREATEST IMPACT. THE FAMILY COURT JUDGE MUST NOT ONLY KNOW THE LAW BUT MUST HAVE THE EXPERIENCE AND JUDGMENT NECESSARY TO FAIRLY AND EQUITABLY APPLY THE LAW. A JUDGE MUST HAVE THE ABILITY TO NOT ONLY GIVE FAIR TREATMENT TO ALL LITIGANTS WHO COME BEFORE HIM, BUT THE ABILITY TO MAKE EACH LITIGANT KNOW THAT HE OR SHE HAS BEEN FAIRLY TREATED. I BELIEVE THAT I HAVE THE NECESSARY EXPERIENCE AND TEMPERAMENT FOR THIS IMPORTANT OFFICE AND I HOPE THAT YOU WILL FIND ME QUALIFIED TO SERVE THE PEOPLE OF SOUTH CAROLINA AS A FAMILY COURT JUDGE FOR THE EIGHTH JUDICIAL CIRCUIT.
Q. THANK YOU, SIR. A. THANK YOU.
SENATOR SMITH: MR. RUCKER.
(JOHN M. RUCKER, CANDIDATE FOR FAMILY COURT JUDGE OF THE EIGHTH JUDICIAL CIRCUIT, WAS DULY SWORN BY SENATOR SMITH.)
Q. HAVE YOU HAD AN OPPORTUNITY TO REVIEW THIS?
A. YES, I'VE REVIEWED IT. THERE'S ONE THING THAT I CALLED SEVERAL WEEKS AGO ABOUT, THE DATE OF GRADUATION FROM THE UNIVERSITY WAS 1966 RATHER THAN, I BELIEVE IT HAD, 1976.
Q. ALL RIGHT; I SEE SHE HAS--THAT HAS NOW BEEN CHANGED.
A. EVERYTHING ELSE IS CORRECT.
Q. YOU CAN SERVE ON THE TAX COMMISSION AND PRACTICE LAW, TOO?
A. YES, EXCEPT FOR THE CHAIRMAN.
Q. EXCEPT FOR THE CHAIRMAN, OKAY; IS THAT SIMILAR TO THE ABC COMMISSION?
A. SIMILAR, YES.
Q. WHAT OTHER THING--I'M GOING TO HAVE TO LOOK AROUND--WHAT OTHER THINGS ARE OUT THERE?
A. I THINK THE ABC AND TAX ARE THE ONLY TWO THAT ARE SITUATED THAT WAY.
Q. I BELIEVE THAT'S CORRECT.
A. THE EMPLOYMENT SECURITY COMMISSION YEARS AGO WAS THAT WAY, BUT SINCE THE WORKLOAD HAS GOTTEN TO THE POINT THAT IT'S GOING COMPLETELY FULL-TIME NOW.
Q. YOU MEAN EVEN AT THE TAX COMMISSION IT'S APPROACHING THAT AT THE TAX COMMISSION?
A. YES, SIR. YES, THE CHAIRMAN IS PROBABLY MORE THAN FULL-TIME NOW. WITH THE COMMISSIONERS, WE ARE MEETING QUITE OFTEN WHICH WE ARE SPENDING A GREAT DEAL OF TIME NOW. THE TAX COMMISSION HAS GROWN. WE HAVE ABOUT 750 TO 800 EMPLOYEES.
Q. I HEARD THE FIGURE THE OTHER DAY OF THE NUMBER OF EMPLOYEES AND I'M SUPPOSED TO KNOW THAT, I GUESS, BUT I WAS SURPRISED.
A. WE HAVE A LARGE NUMBER. WE HAVE 200 AND SOMETHING AUDITORS NOW.
Q. ALL RIGHT, SIR, WELL, I BELIEVE WE HAVE THE--IF THAT IS CORRECT THEN, WE WILL PUT IT IN THE RECORD AS YOUR SWORN TESTIMONY.
1. John M. Rucker
Home Address: Business Address:
2213 Main Street 1401 Main Street
Newberry, SC 29108 Newberry, SC 29108
301 Gervais Street
Columbia, SC 29214
2. He was born in Newberry, South Carolina on October 22, 1944.
Social Security Number: ***-**-*****
4. He was married to Harriett S. Lee on July 26, 1969. They have 2 children: John Brandt, age 14 and Wylie Marvin, age 12.
5. Military Service: None
6. He attended the University of South Carolina, B.S. 1966 and the University of South Carolina School of Law, J.D. 1969.
8. Legal. Experience since graduation from law school:
June.1969 to October 1969, associate, Tench P. Owens, Attorney, Clinton, S.C.; October 1969 to February 1971, private practice, Clinton, S.C.; February 1971 to present, private practice, Newberry, S.C.
9. Frequency of appearances in court during the past five years:
Federal - None
State - Monthly
10. Percentage of litigation:
Civil: 20% Domestic: 75% Criminal: 5%
11. Percentage of cases in trial courts:
Jury: 5% or less Non-Jury: 95%
(sole counsel)
12. Five (5) of the most significant litigated matters in either trial or appellate court:
(a) Riggins v. Riggins, 318 SE2d 117, 282 S.C. 171
Questions involving alimony and property division
(b) Ruff v. Ruff
Partition of land involving construction of wills and designation of heir.
(c) Haltiwanger v. Hockett
Representation of home owner, in suit involving construction of contract, lack of consideration for amendments to contract and various other amendments to contract.
(d) State v. Gilliam
Representation of public employee charged with breach of trust with fraudulent intent. Case involved administrative procedures for the removal of a public employee as well as criminal charges.
(e) Clapp v. Georgia Pacific Corporation
Co-Counsel for Defendant, Georgia Pacific Corporation, matter involving questions of trespass on land of Plaintiff and question of damages being as a result of actions of independent contractor.
13. Judicial Office: Recorder, City of Newberry, September 1971 to June 1976, elected by City Council, jurisdiction limited to minor criminal and traffic offenses
14. Public Office: South Carolina House of Representatives, elected 1976 to 1980; Commissioner, South Carolina Tax Commission, appointed February 1984 to present
15. Unsuccessful candidate: House of Representatives, Democratic Primary, 1974 and 1980; At Large Circuit Judgeship, 1982
23. Health is excellent.
24. He was hospitalized for ruptured appendix in September of 1984.
30. Civic, charitable, religious, educational, social, and fraternal organizations: Member, Central United Methodist Church; Mason, Shriner; Rotary Club of Newberry
33. Five letters of reference:
(a) William D. Kibler, Jr., Vice President and City Executive
South Carolina National Bank
P.O. Box 518, Newberry, SC 29108
(b) Harold B. Folk, Regional Vice President
First Federal of South Carolina
1804 Wilson Road, Newberry, SC 29108
(c) James S. Verner, Esquire
P.O. Box 484, Newberry, SC 29108
(d) E. Eugene Epting, Jr., M.D.
1240 Hunt Street, Newberry, SC 29108
(e) Gordon N. Clarkson, Esquire
P.O. Box 394, Newberry, SC 29108
Q. THE RUPTURED APPENDIX SCARES ME.
A. SCARED ME, TOO.
Q. I MEAN, IT DOESN'T SCARE ME AS FAR AS YOUR QUALIFICATIONS BUT I'M JUST ALWAYS--I'VE NEVER HAD MINE OUT AND IT SCARES ME TO DEATH IT'S GOING TO HAPPEN TO ME ONE DAY WHEN I'M SOMEWHERE WHERE IT'S INCONVENIENT TO HAVE IT TAKEN OUT.
A. I DON'T BELIEVE THAT THERE'S ANY PLACE THAT'S CONVENIENT TO HAVE THAT HAPPEN. IT'S RATHER AMAZING, I THOUGHT SINCE I HAD GOTTEN OUT OF CHILDHOOD AND OUT OF THE 20'S THAT I WOULD NEVER HAVE ANY PROBLEM WITH AN APPENDIX BUT IT HAPPENED AND I FOUND OUT FROM DOCTORS THAT IT DOES HAPPEN FAIRLY REGULARLY; HOWEVER, SOME PEOPLE NEVER HAVE ANY PROBLEM WITH IT. IF YOU EVER HAVE A SHARP PAIN IN YOUR LEFT SIDE AND YOUR RIGHT SIDE AND YOU GET VERY ILL, I WOULD ADVISE YOU TO GO AT THAT TIME TO THE DOCTOR. I DID NOT. I WAITED. I WATCHED A BRAVES BASEBALL GAME.
Q. THAT'S WHY YOU HAD THE PAIN TO START WITH.
A. SITTING ON THE COUCH IN THE DEN WITH MY STOMACH HURTING, I WATCHED A 21-INNING OR 20-INNING GAME THAT THEY HAD AGAINST SAN DIEGO. I REMEMBER THAT VIVIDLY. I WAS WATCHING IT AND FINALLY WENT TO THE DOCTOR THE NEXT MORNING AND THEY IMMEDIATELY PUT ME IN THE HOSPITAL AND I WAS IN THE HOSPITAL 13 DAYS. IT'S RATHER SCARY WHEN IT HAPPENS.
Q. I'M CONFIDENT OF THAT.
A. BUT, THANK GOODNESS, ONCE THEY REMOVE IT AND ONCE THEY GET YOU THROUGH WITH IT, YOU HAVE NO PROBLEMS WITH IT.
Q. I WORRY ABOUT THAT AND THE MUMPS. I'VE NEVER HAD THE MUMPS.
A. I HAVE NOT EITHER.
Q. OH, ALL RIGHT, I KNEW WE HAD A LOT IN COMMON BUT I DIDN'T KNOW THAT. THE BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE, OF COURSE, ADVISE THAT NO COMPLAINTS HAVE BEEN FILED AGAINST YOU AND THE--YOU WERE THE CITY RECORDER FOR WHERE?
A. FOR NEWBERRY, 1971 THROUGH ABOUT 1976.
Q. I SEE. AND THE JUDICIAL STANDARDS HAS ADVISED US THAT THEY HAVE NO RECORD OF REPRIMAND.
YOUR DRIVING RECORD IS CLEAR AS OF THE NEWBERRY COUNTY SHERIFF'S OFFICE AND THE NEWBERRY CITY POLICE DEPARTMENT. SLED IS NEGATIVE AS TO YOU, MEANING THEIR RECORDS ARE NEGATIVE AS TO YOU. THE NEWBERRY COUNTY JUDGMENT ROLLS ARE CLEAR AND YOUR FINGERPRINT CARD IS CLEAR. WHEN YOU WERE APPOINTED TO THE TAX COMMISSION, NOBODY FINGERPRINTED YOU?
A. NO. I WAS INVESTIGATED BY SLED BUT I'M QUITE SURE NO ONE FINGERPRINTED ME.
Q. THE FINGER PRINT ADDITION IS A RELATIVELY NEW INNOVATION FOR US. IT'S JUST SOMETHING NOBODY EVERY THOUGHT ABOUT AND IT SEEMS TO ME WE WOULD HAVE ALL THOUGHT ABOUT IT WHEN DOING THE INVESTIGATION AND DO THAT FIRST; BUT WE HAVE NOW STARTED DOING IT. YOUR STATEMENT OF ECONOMIC INTEREST INDICATES ONLY YOUR SALARY AS A MEMBER OF THE TAX COMMISSION. IN MY OWN VIEW, AND I WILL LET YOU RESPOND TO THIS, BEING ON THE TAX COMMISSION AND BEING ABLE TO PRACTICE LAW, TOO, WOULD BE KIND OF NICE AND I WOULDN'T WANT TO GO TO THE FAMILY COURT. WHY DO YOU? I'M ASKING YOU THE SAME QUESTION IN A DIFFERENT WAY, I GUESS.
A. I THINK THE BEST WAY TO RESPOND TO THAT IS THAT ALL THREE OF US DOWN HERE ARE FROM NEWBERRY. I HAVE TWO CHILDREN. BEING ON THE TAX COMMISSION, I'M GONE A GREAT DEAL THROUGH VARIOUS THINGS THAT ARE NECESSARY WITH THE COMMISSION. JUDGE LAKE IS RETIRING THIS SUMMER. IT'S AN OPPORTUNITY FOR ME TO GO BACK HOME. THAT'S DEALING WITH THE TAX COMMISSION, FROM WHY LEAVE THE TAX COMMISSION AND GO BACK. THE FAMILY COURT IS SOMETHING THAT I'VE BEEN INTERESTED IN FOR MANY YEARS. I HAVE BEEN INVOLVED, AS YOU SEE, FROM '71 WITH THE CITY RECORDERS JOB. I WAS IN ELECTIVE OFFICE FOR A FEW YEARS. WORKING WITH PEOPLE IS PROBABLY THE GREATEST JOY OF MY LIFE. THAT IS PROBABLY THE MOST ENJOYABLE PART OF THE TAX COMMISSION IN WORKING WITH PEOPLE, NOT ONLY THE TAX PAYERS BUT OUR 750 EMPLOYEES. I ENJOY IT. I'VE ENJOYED PRACTICING FAMILY LAW THROUGH THE YEARS AND IT'S SOMETHING, YOU KNOW, THAT I THINK I CAN DO A SERVICE TO THE STATE AS A FAMILY JUDGE IN NEWBERRY.
Q. ALL RIGHT, SIR. THANK YOU. ANYTHING FURTHER TO ADD?
A. NO, I HAVE NOTHING.
SENATOR SMITH: WELL, I WANT TO SAY TO ALL THREE OF YOU AGAIN THAT I THINK THE CIRCUIT AND THE BENCH OF THIS STATE WILL BE WELL-SERVED WHICHEVER ONE OF YOU IS SUCCESSFUL. IT'S PROBABLY A SITUATION WHERE IT'S TOO BAD WE CAN'T PUT YOU ALL THREE ON THE BENCH. THANK YOU. WE WILL NOW PROCEED TO THE NINTH JUDICIAL CIRCUIT. THIS IS A VACANCY WHICH COMES ABOUT BY THE RETIREMENT OF JUDGE JOLLY AND THE TERM WILL RUN UNTIL FEBRUARY 28TH, 1989. THE VACANCY HAS BEEN PUBLICALLY NOTICED AND TWO CANDIDATES HAVE COME FORWARD. NO CITIZEN HAS ASKED TO BE HEARD WITH REGARD TO EITHER ONE OF THEM; SO, I WOULD NOW ASK IF MR. WAYNE CREECH WOULD COME FORWARD AND TAKE THE OATH.
(WAYNE M. CREECH, CANDIDATE FOR JUDGE OF THE FAMILY COURT OF THE NINTH JUDICIAL CIRCUIT, SEAT #4, WAS DULY SWORN BY SENATOR SMITH.)
Q. YOU'VE REVIEWED OUR SUMMARY OF THE QUESTIONNAIRE?
A. YES, SIR.
Q. IS IT CORRECT OR DO WE NEED TO CHANGE SOMETHING?
A. NO, SIR, IT'S CORRECT.
Q. THEN WE WILL PUT IT IN THE RECORD AS YOUR SWORN TESTIMONY RIGHT AT THIS POINT.
1. Wayne M. Creech
Home Address: Business Address:
115 Birch Street 102 Culledge Street
Moncks Corner, SC 29461 P.O. Box 1118
Moncks Corner, SC 29461
2. He was born in Moncks Corner, SC on July 31, 1951.
Social Security Number: ***-**-*****
4. He was married to Annette Lewis Cook on June 23, 1979. (Previously divorced on November 11, 1976 in Berkeley County on the ground of desertion). He has 3 children: Wayne Morris, Jr., age 17 (student); Andrew Wade, age 6; Alex Scott, age 3; another child expected in June of 1988.
5. Military Service: None
6. He attended the University of South Carolina, 1969-1973, B.S. Business Administration and the University of South Carolina School of Law, 1973-1976, J.D.
8. Legal Experience since graduation from law school:
Law Offices of H.N. West, associate, August 1976-July 1977
Dennis & Dennis, associate, July 1977-January 1978
Dennis, Dennis & Watson, associate, January 1978-1981
Watson & Creech, partner, November 1981-July 1983
Watson, Creech & Tiencken, partner, July 1983-January 1987
Watson, Creech, Tiencken & West, partner, January 1987-March 1987
Wayne M. Creech, sole practitioner, March 1987 present
9. Frequency of appearances in court during the past five years:
Federal - infrequent
State - frequent
Other - infrequent
(His practice has been limited to non-litigation real estate related matters since March 1987).
10. Percentage of litigation:
Civil: 50% Domestic: 25% Criminal: 25%
11. Percentage of cases in trial courts:
Jury: 40% Non-Jury: 60%
(He has served together with one or more attorneys as chief counsel in an estimated 25%. He has served as sole counsel in an estimated 75%).
12. Five (5) of the most significant litigated matters in either trial or appellate court:
(a) The South Carolina Public Service Authority v. Steve summers, Treasurer of Orangeburg County, et al.
Case No. 80-CP-38-59
He served as the primary trial attorney in this case at the circuit court level. The central issue was whether certain leasehold property owned by the South Carolina Public Service authority and leased to individuals for residential and commercial uses was being used "exclusively for a public purpose" thereby entitling the property to be tax exempt, or whether in the alternative, the uses were of such nature as to disallow the tax exemption. This case was subsequently heard by our Supreme Court (318 S.E. 2d 113). The holding in this case assisted in clarification of the provisions permitting tax exemption as set forth in Article 10 {3 of the South Carolina Constitution and {58-31-10 et seq. of the South Carolina Code. (1976).
(b) Virginia McNeil, as Administratrix of the Estate of Dexter Jerome McNeil v. Trees, Inc., and Lerov Elijah Wright, Jr.
Case No. 84-CP-08-361
He served as one of two primary trial attorneys in the handling of this wrongful death action. While no unusual holdings or precedents resulted from this case, a substantial settlement was obtained for the family of the deceased as a result of persuasion of the trial judge to permit into evidence testimony related to the Defendant, Wright's, previous driving record. This testimony was to be allowed on the issue of recklessness but not on the issue of negligence.
(c) Harold C. Staley v. Port Oil, Inc. and John White f/d/b/a Port Oil Company
Case No. 81-CP-08-336
He served as one of the two primary trial attorneys on this wrongful termination of an oil distributorship franchise case. The case centered around the firing of an alleged oil company employee by the combined actions of the Defendants which resulted in his loss of an oil distribution franchise under the Federal Petroleum Marketing Practices Act. Although the case was settled on the day of trial and resulted in no special holdings or precedents, he considered the case significant because it was one of the earlier cases in South Carolina in which the Plaintiff relied upon the Petroleum Marketing Practices Act and the "Franchise Theory" to obtain a sizeable settlement for interference with a private oil business.
(d) Berkeley County Department of Social Services v. Keith Gary Taylor and Lisa Howard Taylor
Case No. 82-DR-08-675 and 84-DR-08-501
He served as court appointed counsel for the parents of two children alleged to have been in threat of harm from their parents. When he became involved, the children had already been removed from the home of the Respondents and termination of parental rights was being sought by the Department of Social Services. He considers this case significant because after literally years of DSS intervention to protect the interests of the minor children, and subsequent to the filing of a Petition for Termination of Parental Rights, he was able to effectively convince the Court through testimony and argument to allow continued counseling between the parents and children which ultimately resulted in the return of the children to their parents and preservation of this family.
(e) In the Interest of: Shannon Birkhead Hutter. Case No. 78-DR-08-699
This case, perhaps of all cases handled in his career, has been the most significant to him. While not establishing any case precedents, the impact of this litigation on the parties involved was of such a special nature that he considers it one of the most important cases handled by him as an attorney.
The case centered around the attempt of the physical custodian (the stepfather of the minor child) to obtain custody of the child after the tragic death of the child's natural mother. He represented the natural father who had not had any significant personal tie with the child, other than contribution of support, for approximately four years prior to the mother's death.
Testimony revealed the stepfather's misuse of funds over which he had been appointed guardian as well as other conduct by him indicating his intention to benefit personally from being appointed custodian of the child: The natural father was awarded custody and the family has grown close and developed a good family environment for the child. From a legal perspective, this case was interesting because it was an early case to resolve the step-parent "standing" question by reliance on the "best interests" test rather than a cold absence of standing by a step-parent.
14. Public Office: Moncks Corner Town Attorney elected by council, November 1980 - March 1987
17. He writes title insurance for himself and other lawyers in Moncks Corner when they request him to do so. Title Insurance Agent: Investors Title Insurance Company: July 1978 Present Lawyers Title Insurance Company: May 1982 Present
22. Disciplined: He was the subject to two complaints to the S.C. Bar Board of Grievances and Discipline as follows: (1) Donald Johnson - filed June 1982; dismissed August 1982 (2) Leon Ramsey - filed October 20, 1986 dismissed December 3, 1986
23. Health is good.
27. In early 1986 he was treated for temporary depressed mood. The condition was temporary and is completely resolved.
30. Civic, charitable, religious, educational, social, and fraternal organizations: Moncks Corner United Methodist Church, member from March 1961 - January 1985; First Baptist Church of Moncks Corner, member from January 1985 present
33. Five letters of reference:
(a) Sam Parker, Assistant Vice President
South Carolina National Bank
P.O. Box 1214, Moncks Corner, SC 29461
(b) Harold N. West, Jr., Associate Pastor
First Baptist Church
112 E. Main Street, Moncks Corner, SC 29461
(c) R. Markley Dennis, Esquire
P.O. Drawer 1174, Moncks Corner, SC 29461
(d) Gedney M. Howe, III, Esquire
P.O. Box 1440, Charleston, SC 29402
(e) Morris D. Rosen, Esquire
P.O. Box 893, Charleston, SC 29402
A. YES, SIR.
Q. YOUR CREDIT IS SATISFACTORY. THE BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE ADVISE THAT NO FORMAL COMPLAINTS HAVE EVER BEEN FILED AGAINST YOU WHICH MEANS THAT IF COMPLAINTS BY INDIVIDUALS HAVE BEEN FILED, THE COMMISSION DID NOT FIND THEM WORTHWHILE, FRANKLY. THAT'S A GOOD WAY TO PUT IT. THAT'S WHAT THAT MEANS. THE BERKELEY COUNTY SHERIFF'S OFFICE--I GOT THE RIGHT COUNTY ON THIS ONE.
A. YES, SIR.
Q. BERKELEY COUNTY SHERIFF'S OFFICE IS NEGATIVE, AS IS THE MONCKS CORNER CITY POLICE DEPARTMENT OR THEIR RECORDS ARE. SLED RECORDS ARE NEGATIVE AND THE JUDGMENT ROLLS OF BERKELEY COUNTY ARE NEGATIVE AND THE FINGERPRINT CARD HAS BEEN SENT IN AND NOT RETURNED WHICH IS GOOD. YOU HAVE INDICATED ON THE STATEMENT OF ECONOMIC INTEREST NO ASSOCIATIONS OR TRANSACTIONS IN WHICH THERE MIGHT BE A POSSIBLE CONFLICT. YOU HAVE INDICATED IN YOUR DOCUMENTS FIVE OF THE MOST SIGNIFICANT LITIGATED MATTERS. I WAS PARTICULARLY INTERESTED IN THE BERKELEY COUNTY D.S.S. VERSES TAYLOR WHERE THEY ALLOWED CONTINUED COUNSELING BETWEEN THEM AND ULTIMATELY GOT THE FAMILY BACK TOGETHER, I GUESS.
A. YES, SIR. IT WAS A COURT APPOINTMENT CASE AND IT, WHILE IT MAY HAVE BEEN ONE OF THE MOST FRUSTRATING CASES THAT I WAS INVOLVED IN, IT WAS A REWARDING CASE.
THE FAMILY, WHEN THEY CAME TO ME AFTER I WAS APPOINTED TO REPRESENT THEM BY, I BELIEVE JUDGE JOLLY APPOINTED ME, THEY WERE ALREADY IN THE THROWS OF TERMINATION OF PARENTAL RIGHTS ACTIONS AT THE TIME. AND WHEN I WAS APPOINTED, THIS WAS NOT AT THE TIME OF THEIR INITIAL CONTACT WITH THE DEPARTMENT OF SOCIAL SERVICES AND SO IT WAS A PROLONGED STRUGGLE PRODUCING PEOPLE, BASICALLY BY--I COULDN'T CALL IT ANYTHING LESS THAN JUST PURE ATTEMPTS AT PERSUASION TO HAVE THE DEPARTMENT OF SOCIAL SERVICES CONTINUE TO BE INVOLVED WITH THE FAMILY; AND IT'S VERY REWARDING TO KNOW THAT THIS IS ONE OF THOSE INSTANCES WHEN THE DEPARTMENT OF SOCIAL SERVICES HAD, IN FACT, ACTED PREMATURELY. THE TERMINATION OF PARENTAL RIGHTS WOULD HAVE BEEN THE WRONG THING AND IT TOOK US ABOUT TWO AND A HALF YEARS TO PROVE THAT, BUT ULTIMATELY WE DID.
Q. YOU HAVE AND, OF COURSE, GRIEVANCES AND DISCIPLINE HAS GIVEN YOU A CLEAR RECORD; YOU HAVE VOLUNTARILY INDICATED, BEYOND WHAT MOST DO, THE NAMES OF THE INDIVIDUALS THAT FILED A COMPLAINT AND THAT THEY WERE DISMISSED. THEY FILED THOSE JUST BY WRITING A LETTER, IS WHAT IT WAS?
A. YES, SIR. BASICALLY, WHAT HAPPENED IS IN BOTH INSTANCES I WAS NOTIFIED THAT THE INDIVIDUALS HAD WRITTEN LETTERS COMPLAINING. I WAS THEN ASKED TO RESPOND WITHIN 10 DAYS TO A HEARING OR A COMMISSION INVESTIGATOR. I DID THAT AND WITHIN A SHORT PERIOD OF TIME RECEIVED WORD THAT THE COMPLAINT WAS DEEMED WITHOUT MERIT. AND IN THE LAST INSTANCE I THINK THEY ACTUALLY CHIDED THE INDIVIDUAL THAT HAD FILED.
Q. YOU HAVE INDICATED IN EARLY 1986 YOU WERE TREATED FOR A TEMPORARILY DEPRESSED MOOD. I DON'T WANT TO EMBARRASS YOU ABOUT IT BUT WOULD YOU LIKE TO ELABORATE A BIT? WHAT WAS THE TREATMENT?
A. WELL, THE TREATMENT BASICALLY WAS A MOOD ELEVATOR MEDICATION OR ANTIDEPRESSANT MEDICATION AND COUNSELING WITH A COUNSELOR FOR A BRIEF PERIOD OF TIME. AT THAT POINT THERE HAD BEEN AN ACCUMULATION OF EVENTS OVER A PERIOD OF PROBABLY THREE YEARS WHICH MY PHILOSOPHY THROUGHOUT LIFE HAS BEEN THAT AN INDIVIDUAL MUST AT ALL TIMES ACT RESPONSIBLY AND SOMETIMES THE TOLL, THERE IS A TOLL TAKEN ON AN INDIVIDUAL WHEN HE IS IN THE THROWS OF CONTINUED FAMILY AND OTHER PROBLEMS, BUT MAINTAINING A SENSE OF RESPONSIBILITY AND DIRECTION WHICH IS NEEDED AND THAT BASICALLY IS WHAT HAPPENED TO ME. IN '86, I REALIZED IN EARLY '86 THAT THE ACCUMULATION OF THESE EVENTS HAD ME AT A POINT OF LOW MOTIVATION, JUST FEELING POORLY, AND I THOUGHT THE RESPONSIBLE THING TO DO WAS TO HAVE IT TREATED AND I DID.
Q. ARE YOU STILL TAKING MEDICATION?
A. NO, SIR.
Q. ALL RIGHT, SIR. SENATOR SMITH: WE CAN GO OFF THE RECORD.
SENATOR SMITH: ALL RIGHT, BACK ON THE RECORD.
Q. ALL RIGHT, SIR WOULD YOU LIKE TO MAKE A STATEMENT ABOUT YOUR WISHES?
A. SENATOR SMITH, THE ONLY THING THAT I WOULD LIKE TO SAY VERY BRIEFLY IS THAT I THINK THAT THE KEY TO SUCCESSFUL SERVICE IS ABILITY, RESPONSIBILITY AND COMPASSION; AND I FEEL THAT THROUGHOUT MY LIFE, AND NOT JUST IN MY LEGAL EXPERIENCE, I'VE DEMONSTRATED THOSE ATTRIBUTES OF MY CHARACTER AND I WOULD LIKE TO BRING THOSE INTO THE FAMILY COURT. I'M NOT BEING CRITICAL OF ANY PERSONS IN PARTICULAR IN THE FAMILY COURT BUT OUR SYSTEM IS SUCH NOW WHERE IT INCREASINGLY IS BECOMING A MILL. WE'RE IN THE AGE OF "HURRY-UP JUSTICE." WE'RE IN THE AGE OF "LET'S GET IT OVER WITH DECISIONS" AND BECAUSE OF THE THINGS THAT I'VE GONE THROUGH IN MY FAMILY AND BECAUSE OF THE THINGS THAT I HAVE FELT PERSONALLY, I WOULD LIKE TO BRING AN ATTEMPT TO REMOVE "HURRY-UP JUSTICE" FROM THE FAMILY COURT. THAT'S THE MOST SIGNIFICANT IMPACT OF OUR JUSTICE SYSTEM ON COMMON PEOPLE, AND IF WE DON'T HAVE TIME AND IF WE DON'T CARE ENOUGH TO DEAL WITH THE PROBLEMS, THEN LET'S JUST DON'T DO IT AT ALL. AND I SEE THAT DIRECTION IN OUR SYSTEM AND IT SCARES ME. I DON'T WANT TO COME ACROSS AS BEING A NEGATIVE PERSON ABOUT THE SYSTEM IN GENERAL BUT AT THIS CONTRIBUTION WHAT I HOPE TO BRING MOST IS A REAL SENSE OF CARING ALONG WITH MY ABILITY AND SENSE OF RESPONSIBILITY.
Q. THANK YOU, SIR.
A. YES, SIR.
SENATOR SMITH: MR. SODERLUND.
(DAVID A. SODERLUND, CANDIDATE FOR JUDGE OF THE FAMILY COURT OF THE NINTH JUDICIAL CIRCUIT, SEAT #4, WAS DULY SWORN BY SENATOR SMITH.)
Q. HAVE YOU REVIEWED THE SUMMARY THAT WE MADE?
A. YES, SIR, I HAVE.
Q. EVERY NOW AND THEN WE MAKE A MISTAKE OR LEAVE SOMETHING OFF AND WE WILL BE DELIGHTED TO CORRECT IT.
A. WELL, MY YOUNGEST SON IS NOW SIX AS OF TWO DAYS AGO.
Q. ALL RIGHT; THAT'S CHARLES LARSEN.
A. RIGHT.
Q. ALL RIGHT, SIR. WE WOULDN'T WANT HIM TO READ THE JOURNAL 50 YEARS FROM NOW AND--
A. HE WAS VERY PROUD OF THAT.
Q. I'M SURE.
A. NUMBER 10 AND 11, THE PERCENTAGE OF LITIGATION AND PERCENTAGE OF CASES IN TRIAL COURTS, I WAS VERY UNSURE AS TO WHAT YOU WANTED. THOSE ARE APPROXIMATE FIGURES.
Q. IT'S A DIFFICULT AREA.
A. MUCH OF THE CIVIL LITIGATION, AS IT CALLS IT, THERE WAS NOTHING FOR HOW MANY CASES DO YOU HAVE A YEAR THAT GET SETTLED BEFORE YOU EVER FILE SUIT; SO, I HAVE BROKEN IT OUT KIND OF IN THAT WAY; THE SAME THING FOR THE TRIAL COURTS. I DIDN'T KNOW HOW ELSE TO DO IT.
LETTER "E" UNDER THE CASES, I LOOKED AT THAT THING TODAY, AGAIN.
Q. I HAVE A QUESTION MARK BY THAT MYSELF.
A. I LOOKED AT THAT THING TODAY AND I'M NOT SURE ? IF IT WAS TWO COUNTS OF DISORDERLY CONDUCT OR ONE COUNT AND VICE VERSA BUT I'M PRETTY SURE THERE WERE THREE CHARGES. THERE WAS NO RECORD IN THE CASE, OBVIOUSLY, AND I DID NOT LOOK IN THE FILE.
Q. HOW DID YOU GET APPOINTED TO THAT?
A. THE NORTH CHARLESTON MUNICIPAL SYSTEM HAS SEVERAL LAWYERS WHO HAVE SAID "IF YOU NEED SOMEBODY, IF I CAN DO IT, I WILL DO IT." IT'S KIND OF A PRO BONO TYPE THING.
Q. ALL RIGHT.
A. THEY ASKED ME TO REPRESENT THIS YOUNG MAN. AND THE OTHER CORRECTION THERE WAS, I BELIEVE THE CITY DISMISSED THE DISORDERLY CONDUCT, ONE OF THE CASES ANYWAY, THEY DISMISSED, THEY NULL PROSSED IT BEFORE WE ACTUALLY WENT TO TRIAL IN HOPES OF KEEPING SOME TESTIMONY OUT ABOUT SOMETHING; SO, WE REALLY ONLY TRIED IT ON TWO COUNTS I THINK.
Q. I CAN IMAGINE IN MUNICIPAL COURT YOU MADE A MOTION TO SEQUESTER THE WITNESSES AND THEY WANTED TO RUN YOU OUT OF TOWN PROBABLY.
A. NO, THERE WAS NO PROBLEM. THE ECONOMIC STATEMENT, TOO. I NEVER FILLED ONE OF THESE OUT. I PRESUME FROM LOOKING AT IT, THIS WAS LIKE THROUGH THE LAST YEAR. MANY MOONS AGO, '77 OR '78 I TAUGHT AT TRIDENT TECH. AND I DID TRY TWO JURY TRIAL CASES FOR THE TOWN OF BONNEAU BACK IN THE EARLY 80'S WHICH WAS A MINIMUM.
Q. THIS WOULD BE ROUGHLY WITHIN THE LAST 12 MONTHS.
A. BUT OTHER THAN THAT, I JUST WANTED TO BRING THAT OUT AFTER HEARING THE NEWS THE LAST COUPLE OF DAYS.
Q. YES, SIR.
A. OTHER THAN THOSE, BASICALLY EVERYTHING IS CORRECT.
Q. ALL RIGHT, THANK YOU, THEN WE WILL PUT IT IN THE RECORD AS IT WAS YOUR FULL SWORN TESTIMONY..
A. OKAY.
Q. AS IF YOU HAD READ IT OUT FOR US.
1. David A. Soderlund
Home Address: Business Address:
103 Queensbury Circle 2154 North Center Street
Goose Creek, SC 29445 Suite B-204
N. Charleston, SC 29418
2. He was born in Plainfield, New Jersey on February 17, 1945.
Social Security Number: ***-**-*****
4. He was married to Rose Marie Ricketson on July 15, 1966. They have 4 children: Dawn Michelle, age 19 (Sophomore, College of Charleston); Linnea Marie, age 18 (secretary, Cryogenic Rare Gas, Hanahan, SC); David Arthur, Jr., age 12; and Charles Larson, age 6.
5. Military Service: US Marine Corps; October 1962-October 1966; CPL E-4; Service #1973869; Status: Inactive; Honorable Discharge
6. He attended Rutgers University, New Brunswick, New Jersey, BA History, 1971 and the University of South Carolina Law School, JD, 1974.
8. Legal Experience since graduation from law school:
Associate with former firm of Smoak, Howell, Bridge & Moody, Walterboro, SC, November 1974-December 1975, General Practice; private practice as sole practitioner January 1976 until present,. General Practice, Domestic Law, Real Estate, Personal Injury, and limited criminal
9. Frequency of appearances in court during the past five years:
Federal - Twice - personal injury suits
State - High frequency in Family Court
Other - Medium to high frequency in magistrates and municipal courts
10. Percentage of litigation:
Civil: 40% Domestic: 40% Criminal: 20% (approximate)
11. Percentage of cases in trial courts:
Jury: approximately 95% Non-Jury: approximately 5% Two tried cases acted as co-counsel The balance of cases, sole counsel
12. Five (5) of the most significant litigated matters in either trial or appellate court:
(a) Family Court - 1978 - Unreported - Trial judge changed custody of children from the mother to the father. He represented the mother. Appeal was taken and a Supersedeas Motion was filed with the State Supreme Court. After a hearing before the full court, the Supreme Court reversed the trial judge's Order and remanded it to the lower court.
This case was significant because the Supreme Court reversed the trial judge on supersedeas and remanded rather than staying the Order. Therefore, the custody decision was overturned within one week after the Order was filed and a full Appeals process was avoided.
(b) Common Pleas Court - Ludwick v. This Minute of Carolina, Inc., and Sheldon Solomon and Florence Solomon
November 18, 1985
He was the co-counsel with the late Pledger Bishop representing the Solomons personally. This case involved a suit by Ludwick against the Defendants alleging wrongful termination of employment without a written contract. The suit alleged that the Plaintiff was fired for obeying an Employment Security Commission subpoena.
This case was tried before the Honorable John Hamilton Smith who non-suited the case after the Plaintiff's evidence based on the "termination at will" doctrine.
Appeal was taken and the Court of Appeals upheld the trial court's ruling 321 SE2d 618 (Ct. App. 1984). Certiorari was granted by the State Supreme Court and after hearing this case, the Supreme Court, on November 18, 1985, restated that termination at will remained the law, but carved out an exception that stated, "an at will employee could not be discharged in derogation of a clear mandate of public policy." This case was remanded for trial.
This case was significant in that it was, to his knowledge, the first variance from strict adherence to the "termination at will" doctrine.
(c) Family Court - He represented the husband in a domestic action. The husband and wife were divorced in South Carolina in the mid-1970's. At the time of the divorce, the wife and children resided in New York and the husband resided in South Carolina. The husband obtained a divorce. The Decree awarded custody to the wife and child support to the wife although the wife never appeared in South Carolina.
In 1982 the children came to South Carolina for visitation with the father. At that time, the children were 14 and 16 years old. The children wanted to stay in South Carolina.
Action was filed here under the theory of continuing jurisdiction. The trial judge ruled that South Carolina had no jurisdiction due to UCCJA and transferred the case to New York State.
He filed an Appeal. The client associated Robert Rosen of Charleston and a supersedeas was filed. Chief Justice Ness granted supersedeas and the mother applied to the full court.
After hearing this case, the Supreme Court remanded the case to the lower court for trial. The case was settled at that time with the husband getting custody.
This case was significant because it involved the issue of whether continuing jurisdiction prevailed over UCCJA.
(d) Family Court - He represented a wife in a divorce action alleging adultery and demanding equitable distribution, attorney's fees and alimony. This case was tried and lasted approximately two days. Testimony of the husband admitted he had told the wife after the separation that he had committed adultery throughout their marriage. The wife had no knowledge prior to those admissions. The trial judge found evidence of admissions and a present relationship with another woman was sufficient in spite of husband's testimony. He only told his wife about the previous adultery to get her angry and it was not true and his present relationship was one of friendship. The wife received substantial awards regarding other relief. The marriage had been one of 26 years duration. No appeal was taken.
This case was significant in that the admissions of misconduct many years previously was effectively held sufficient to prove adultery, lacking previous knowledge by the wife and no cohabitation after this knowledge.
(e) Municipal Court - He was appointed to represent the Defendant who was charged with assault (2 counts) and disorderly conduct under a city ordinance. The client refused to consider a plea bargain offer and a jury trial followed.
The facts in this case involved the Defendant coming up to his babysitter's home around 9 p.m. to pick up his son after work. The Defendant was a single parent with custody of the child. When approaching the residence, he saw marked and unmarked vehicles (around 6-8) near and in front of the residence. He ran into the residence, knocking the arm of a plain clothes policeman in order to get him out of the way. He picked up his son and attempted to leave and fracas ensued.
At the trial a defense motion to sequester witnesses was granted. Testimony of five police officers differed greatly and one officer even stated that he did not believe that the Defendant meant to hit him. The trial judge dismissed one assault charge on motion and the prosecutor decided to nol pros the remaining charges due to great variances in testimony.
This case was significant in that it clearly demonstrates that the sequester of witnesses can be very beneficial at times.
20. He had a South Carolina Tax Lien filed April 23, 1985 and satisfied May 30, 1985. The amount of the lien was $730.57 (#29019/Charleston County).
22. Disciplined: An inquiry was made in January of 1988. The client withdrew his complaint and the chairman of the committee closed the file.
23. Health is excellent.
30. Civic, charitable, religious, educational, social, and fraternal organizations: Member of Goose Creek Lions Club since 1976 - served as Secretary 1977-1978 and President 1978-1979 and 1979-1980; elected to School Advisory Council, College Park Middle School, 1982-1983; served on the School Improvement Council, Stratford High School, 1983-present, elected chairman for the year 1986-1987; serves on the Board of Directors of Caromi Volunteer Fire Department, Ladson, SC; member of St. Timothy Lutheran Church, Goose Creek, SC, where he is presently serving a three-year term on the Church Council
33. Five letters of reference:
(a) Elijah McCants, Assistant Cashier
South Carolina National Bank
P.O. Box 1214, Moncks Corner, SC 29461
(b) James E. Gonzales, Esquire
P.O. Box 10453, North Charleston, SC 29411
(c) David J. Baggett, M.D.
801 Travelers Blvd., Suite 415
Summerville, SC 29483
(d) George C. McCrackin, Principal
Stratford High School
Crowfield Blvd., Goose Creek, SC 29445
(e) Rev. Ben Moravitz
St. Timothy Lutheran Church
Highway 52, Goose Creek, SC 29445
Q. THE BOARD OF COMMISSIONERS AND GRIEVANCES AND DISCIPLINE SAY THAT NO FORMAL COMPLAINTS HAVE BEEN FILED AGAINST YOU, WHICH MEANS THEY HAVE NOT FILED ANY COMPLAINTS. I SEE YOU HAVE INDICATED THAT THERE WAS AN INQUIRY MADE BUT WITHDRAWN, AND OBVIOUSLY THERE WAS NOTHING TO THAT, IN JANUARY OF '88.
A. IT WAS EITHER A LACK OF COMMUNICATION OR A MISCOMMUNICATION. I'M STILL REPRESENTING THE MAN. WE HAVEN'T GONE TO A FINAL HEARING YET. HE IS IN THE STATE OF WASHINGTON AND HE IS IN THE NAVY AND WITH THE THREE-HOUR TIME DIFFERENCE PLUS HIM AND GOING OUT TO SEA, HE WASN'T GETTING THE ANSWERS AS SOON AS HE CALLED; BUT THAT'S BEEN CLEARED UP.
Q. CERTAINLY. BERKELEY COUNTY SHERIFF'S OFFICE IS NEGATIVE AS THE HIGHWAY DEPARTMENT AND GOOSE CREEK CITY POLICE DEPARTMENT. YOU RESIDE IN GOOSE CREEK?
A. NOT IN THE CITY, NO, SIR. MY MAILING ADDRESS IS ACTUALLY BERKELEY COUNTY.
Q. SLED REPORTS ARE NEGATIVE. THERE ARE NO JUDGMENTS. THE FINGERPRINT CARD IS ALL RIGHT. YOU HAVE INDICATED AND DISCLOSED A TAX LIEN IN '85 THAT WAS SATISFIED. YOUR CREDIT REPORT, AND WE HAVE DISCUSSED THIS--
A. YES, SIR.
Q. ---CAME BACK AS MARGINAL; HOWEVER, THE ITEMS THAT WERE ON THERE HAVE NOW BEEN CLEARED UP BASICALLY PURSUANT TO OUR CONVERSATION. ONE OF THEM WAS THE TAX LIEN, OF COURSE, AND THEN THE OTHER ONE WAS AS A RESULT OF A DISPUTE WITH ANOTHER PROFESSIONAL.
A. YES, SIR, I HAVE TALKED WITH THEM AND IT'S TO BE PAID BY THE END OF THE MONTH.
Q. YES, SIR; SO, THAT'S CLEAR NOW BUT I DID NEED TO INDICATE THAT FOR THE RECORD.
A. YES, SIR.
Q. WHY DO YOU WANT TO BE ON THE FAMILY COURT? WILL LET YOU PUT THAT IN.
A. WELL, MAYBE OF LESSER IMPORTANCE THAN SOME OTHER REASONS, I FEEL LIKE IT'S A CAREER MOVE FOR ME. SOME ATTORNEYS HAVE ASKED ME THE SAME THING. SOME JUDGES HAVE ASKED ME THE SAME THING. I FEEL IT'S A POSITIVE STEP. I HAVE HAD A HEAVY, FAIRLY HEAVY PRACTICE IN FAMILY LAW EVER SINCE I STARTED PRACTICING LAW. I'VE GOT FOUR CHILDREN RANGING FROM 19 THROUGH NOW 6. AND HAVE BEEN APPOINTED TO NUMEROUS CASES. I THINK I HAVE BEEN INVOLVED WITH AT LEAST ONE TIME POSSIBLY JUST ABOUT EVERY ASPECT OF FAMILY COURT LAW WHETHER THROUGH APPOINTMENT OR RETENTION. I WOULD LIKE TO FEEL LIKE I CAN MAKE A DIFFERENCE. I CARE ABOUT PEOPLE. I FEEL LIKE I'M FAMILIAR WITH THE LAW AND I FEEL LIKE MOST OF THE TIME IN A FAMILY COURT SITUATION--JUDGE NEWELL WHO IS NOW DECEASED ONCE TOLD ME A LONG TIME AGO THAT THE FAMILY COURT IS A COURT OF TRAGEDY MOST OF THE TIME AND I THINK HE WAS PROBABLY RIGHT. HE ALSO TOLD ME THERE USUALLY WEREN'T ANY WINNERS IN HIS COURT AND I THINK HE WAS PROBABLY RIGHT THERE. MOST PEOPLE WALK OUT FEELING NOT HAPPY. I WOULD LIKE TO FEEL LIKE I COULD MAKE A DIFFERENCE AND I THINK THAT I COULD POSSIBLY DEAL WITH PEOPLE DURING THESE TIMES IN THEIR LIVES AND HOPEFULLY MAKE IT LESS PAINFUL WHILE STILL MAKING PROPER DECISIONS.
Q. OKAY, THANK YOU, SIR.
A. THANK YOU.
SENATOR SMITH: JUDGE BOARD.
JUDGE BOARD: YES, SIR.
SENATOR SMITH: EXCUSE ME, I WANT TO GET YOU IN HERE BEFORE WE GET TO THE CIRCUIT COURTS.
JUDGE BOARD: THANK YOU.
SENATOR SMITH: AND I APOLOGIZE FOR THE DELAY, BUT IN ORDER TO KEEP MY PAPERWORK STRAIGHT.
(JOSEPH W. BOARD, CANDIDATE FOR JUDGE OF THE FAMILY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT, SEAT #4, WAS DULY SWORN BY SENATOR SMITH.)
Q. JUDGE, YOU'VE SEEN OUR SUMMARY; IS IT CORRECT?
A. YES, SIR.
Q. ALL RIGHT, SIR; IF THERE'S NO OBJECTION WE WILL PUT IT IN THE RECORD THEN JUST AS YOU HAD READ IT OUT.
1. Joseph W. Board
Home Address: Business Address:
Route 6, Box 177 P.O. Box 777
Pickens, SC 29671 Pickens, SC 29671
2. He was born in Roanoke, Virginia on October 22, 1939
Social Security Number: ***-**-*****
4. He was married to Martha Shuler on June 9, 1961. They have 3 children: Joseph O'Bryan, age 22 (student); Susan Amy, age 21 (student); and Bruce Evans, age 17 (student).
5. Military Service: U.S. Army; Signal Corps; 05220447; Captain; 1965-1967; Honorable Discharge
6. He attended the University of Virginia, 1958-1962, B.A. and the University of Virginia Law School, 1962- 1965, J.D.
8. Legal Experience since graduation from law school:
General practice in Pickens County, 1967-1977; appointed Special Judge by Supreme Court, January 10, 1977; elected- Family Court Judge July 1, 1977 until present
13. Judicial Office: Elected Family Court Judge, took office July 1, 1977; appointed Special Judge, January 10, 1977 by Chief Justice Lewis
14. Public Office: Public Defender, Pickens County, April 1970 through June 1974
21. Sued: Nothing since the last screening
22. Disciplined: Since the last screening eight letters have been sent to the Judicial Standards Commission. All were dismissed.
23. Health is good.
30. Civic, charitable, religious, educational, social, and fraternal organizations: Appointee to Governor's Committee on Juvenile Justice; Chairman, Permanency Planning Committee for South Carolina; member Substitute Care Advisory Committee; Advisory Board State Guardian ad Litem Program; past Chairman of the Board of Trustees for Epworth Children's Home; Executive Committee Blue Ridge Council Boy Scouts of America; member Clemson University Engineering Foundation; Mason; member Grace United Methodist Church; YMCA; Snee Farm County Club, Mt. Pleasant, SC 1984 - 1986; Easley Tennis Club,-1985 - 1987
33. Five letters of reference:
(a) John E. Sparks, Vice President
South Carolina National Bank
P.O. Box 157, Pickens, SC 29671
(b) Hon. Oliver A. Nealy
Clerk of Court, Pickens County
P.O. Box 215, Pickens, SC 29671
(c) Cornelia D. Gibbons, Executive Director
S.C. Children's Foster Care Rvw. Bd. System
2221 Devine St., Suite 418,
Columbia, SC 29205-2471
(d) Hon. Howard A. Taylor
Clerk of Court, Charleston County
P.O. Box 934, Charleston, SC 29402
(e) Resolution
Pickens County Bar Association
P.O. Box 1026, Easley, SC 29641
Q. YOUR CREDIT IS SATISFACTORY AND ALL THE RECORDS FROM ALL THE LAW ENFORCEMENTS ARE SATISFACTORY. THE F.B.I. CARD IS CORRECT. SOUTH CAROLINA HIGHWAY DEPARTMENT; JUDGMENT ROLLS, NO JUDGMENTS. YOU HAVE DISCLOSED THAT APPARENTLY EIGHT LITIGANTS GOT MAD WITH YOU AND EIGHT WROTE LETTERS. I ASSUME THAT IS WHAT IT IS.
A. YES, SIR.
Q. I WOULDN'T BE SURPRISED THAT EIGHT GOT MAD WITH YOU. IF THAT'S ALL, THAT'S A PRETTY SMALL GROUP.
A. I'M AFRAID THAT'S NOT ALL. THAT'S JUST ALL THAT WROTE.
Q. THAT'S ALL THAT WROTE, YES, SIR; BUT, OF COURSE, WE'VE BEEN ADVISED THAT THEY ARE, BY THE BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE, OF COURSE, THERE WERE NO COMPLAINTS AS A LAWYER AND THERE ARE NO REPRIMANDS AGAINST YOU.
A. RIGHT. YES, SIR.
Q. JUDGE, EVERYTHING APPEARS TO BE IN ORDER. DO YOU HAVE ANY STATEMENT YOU WOULD LIKE TO MAKE OR ANY COMMENTS?
A. NO, SIR.
Q. THANK YOU THEN. I APOLOGIZE FOR MAKING YOU WAIT. A. YES, SIR. I APPRECIATE YOUR GETTING ME.
Q. THANK YOU, SIR. SENATOR SMITH: THAT CONCLUDES THE FAMILY COURT PORTION. WE NOW PROCEED TO EXAMINE CANDIDATES FOR THE VACANCIES ON THE CIRCUIT COURT. A NOTICE WAS PUBLICALLY MADE AND TWO CANDIDATES HAVE COME FORTH AND NO CITIZEN HAS ASKED TO BE HEARD WITH RESPECT TO EITHER OF THEM. SO, I WOULD NOW ASK IF JAMES C. HARRISON, JR., WOULD COME FORWARD AND TAKE THE OATH.
(JAMES C. HARRISON, JR., CANDIDATE FOR JUDGE OF THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT, WAS DULY SWORN BY SENATOR SMITH.)
SENATOR SMITH: ALL RIGHT, SIR. BY THE WAY, AGAIN, BOTH OF YOU HAVE HEARD MY EXPLANATION OF WHY WE'RE DOING IT THIS WAY, HAVEN'T YOU?
JUDGE HARRISON: YES, SIR.
MR. KINARD: YES, SIR.
SENATOR SMITH: I'M SURE IT SEEMS TERRIBLY MUNDANE TO YOU BUT I THINK IT'S IMPORTANT THAT WE DO IT.
Q. YOU'VE REVIEWED OUR SUMMARY OF THE QUESTIONNAIRE?
A. YES, SIR.
Q. ANYTHING NEED TO BE CORRECTED OR ADDED OR CHANGED?
A. I THINK IT'S CORRECT, SIR.
Q. EXCELLENT. EXCELLENT.
1. James C. Harrison, Jr.
Home Address: Business Address:
2231 Wheat Street 1701 Main Street
Columbia, SC 29205 Columbia, SC 29201
2. He was born in Columbia, South Carolina on December 16, 1942.
Social Security Number: ***-**-*****
4. He was married to Elizabeth Burch on April 13, 1968. They have 2 children: James C., III, age 15 and Elizabeth L., age 8.
5. Military Service: November 1968 - February 1969; USMCR; PFC; 2474568; Honorable Discharge
6. He attended the University of South Carolina, September 1961 - June 1965, A.B. English; the University of South Carolina Law School, September 1965 - June 1968, J.D.; the University of Houston, Texas, August 1975, Advanced Criminal Trial Practice, 2 week course, National College of Criminal Defense Attorneys and Public Defenders, Certificate; and the University of Reno, Nevada, August 1982, National Judicial College, 2 week course, Special Courts, Limited Jurisdiction, graduate.
8. Legal Experience since graduation from law school:
Special Agent, FBI, July 1969 - February 1972;
Assistant South Carolina Attorney General, February 1972 - July 1973; In-House Counsel for Carolina Pipeline Company (now SCE&G by merger), July 1973 - January 1975; Deputy Public Defender, Richland County, January 1975 February 1977; Private law practice, Columbia, South Carolina, February 1977 - September 1982; Associate Municipal Judge, City of Columbia, February 1977 - September 1982; Master in Equity, Richland County, September 1982 - Present
15. Judicial Office: Associate Municipal Judge City of Columbia, South Carolina, February 1977 - September 1982. Appointed by Columbia City Council; Jurisdiction limited to traffic and criminal with penalty $200 or 30 days including jury trials and preliminary hearings.
Master in Equity, Richland County. Appointed by Governor Riley, September 1982, reappointed June 1983, reappointed by Governor Campbell June 1987. Unlimited civil Jurisdiction, non-Jury.
He has also served as Special County Court Judge during his tenure as City Judge and several terms and Special Circuit Judge during his tenure as Master in Equity.
16. Public Office: Special Agent, Federal Bureau of Investigation. July 1969 - February 1972. Appointed by Director J. Edgar Hoover, FBI. Worked general criminal in Omaha and Lincoln, Nebraska. He was resident agent in Lincoln having the responsibility for four Nebraska counties. He served also in San Francisco working Internal Security of the United States including internal subversive and terrorist fugitive activities.
Assistant Attorney General and Administrator for South Carolina Magistrate Courts. February 1972 - July 1973. He was responsible for prosecuting DUI violations statewide including hiring attorneys to prosecute these violations. He handled criminal appeals including the cases of Richards v. Crump, 260 S.C. 133, 194 S.E.2d 575 (1973), which established consecutive sentencing by magistrates and State v. Dickert, 260 S.C. 490, 197 S.E.2d 89 (1973), which established jurisdiction of circuit court over judgment of magistrate court. He also had administrative oversight of all South Carolina Magistrates.
25. Health is excellent.
27. He wears glasses or contact lens for nearsighted astigmatism. He also has a slight hearing loss in his left ear as a result of having had mineares syndrome (cochlea hydrops) in 1978 or 1979.
32. Civic, charitable, religious, educational, social, and fraternal organizations: Trenholm Road United Methodist Church: Member Administrative Board, Church School Teacher, Lay Delegate to Annual Conference, Member Rejoice Choir; South Carolina Conference United Methodist Church: Member Board of Church and Society, Lay Speaker, Planning and Program Evaluation Committee, Past Chairman Conference Committee to Reorganize the Board of Laity; Killingsworth Home, Inc. (home for women in crisis), President of Board; Bethlehem Community Center (inner city day care and community activity center), Member of Board of Directors, Chairman Finance Committee; Quail Unlimited (quail and game habitat preservation), Member of Board of Directors; Community Care, Inc. (Columbia urban ministry), Former Member of Board of Directors; South Carolina debutante Ball; Society of Former Agents, FBI; Executive Sertoma Club; United Way of Midlands, Member of Board of Trustees, Past Group and Division Chairman
33. He was cited by the General Assembly in a Joint Resolution in 1973 for "Outstanding Service to the S.C.. Magistrates Court System." He has been a lecturer at numerous Continuing Legal Education seminars, law school classes, and every "Bridge the Gap" program since inception.
34. Five letters of reference:
(a) Culver P. Choate, Vice President
C & S National Bank
Columbia, SC 29222
(b) Hon. Frank Powell
Sheriff, Richland County
P.O. Box 143, Columbia, SC 29201
(c) O. Wayne Corley, Esquire
P.O. Box 11390, Columbia, SC 29211
(d) Randall M. Chastain
Associate Professor of Law
University of South Carolina
Columbia, SC 29208
(e) Rhett Jackson
34 Richland Mall, Columbia, SC 29204
Q. YOUR CREDIT IS SATISFACTORY AND THE BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE ADVISE, US THAT NO FORMAL COMPLAINTS OR CHARGES HAVE BEEN MADE AND THERE'S NO RECORD OF REPRIMANDS AGAINST YOU AS MASTER IN EQUITY OF RICHLAND COUNTY. HAVE YOU YOU HELD ANOTHER JUDICIAL POSITION AT ONE TIME?
A. YES, SIR.
Q. I SEE. ASSOCIATE MUNICIPAL JUDGE, CITY OF COLUMBIA.
A. YES, SIR.
Q. DRIVER'S LICENSE RECORDS ARE NEGATIVE. RICHLAND COUNTY SHERIFF NEGATIVE. COLUMBIA CITY POLICE DEPARTMENT NEGATIVE. THE CRIMINAL RECORDS SECTION OF SLED SAYS NEGATIVE. THE JUDGMENT ROLLS OF RICHLAND COUNTY ARE NEGATIVE. THE FINGERPRINT CARD REQUESTED, YES, AND IT HAS NOT BEEN RETURNED; SO, THAT'S GOOD NEWS. YOU HAVE INDICATED ONLY YOUR SALARY AS MASTER IN EQUITY AS FAR AS ANY ECONOMIC INTEREST WHICH MIGHT BE A CONFLICT. THAT'S NOT A CONFLICT, BUT THERE'S NOTHING ELSE THAT WOULD INDICATE ANY CONFLICTING ASSOCIATIONS OR TRANSACTIONS. JUDGE, I KNOW YOU HAVE BEEN ONE OF THE LEADERS IN THE MASTER IN EQUITY MOVEMENT, SO TO SPEAK, ACROSS THE STATE AND WELL-RESPECTED AND I KNOW YOU HAVE ASSISTED IN TRYING TO BRING THAT SYSTEM UP TO DATE.
A. YES, SIR.
Q. AND NOW YOU'RE ABOUT TO GET IT RIGHT AND YOU GO ON AND LEAVE IT. WHY DO YOU WANT TO LEAVE IT? I'M JUST GIVING YOU AN OPPORTUNITY TO PUT ANY STATEMENT IN THE RECORD YOU WOULD LIKE TO MAKE.
A. YES, SIR, AND I APPRECIATE THAT.
SENATOR, I HAVE BEEN A JUDGE FOR THE LAST 12 YEARS APPROXIMATELY AND I THINK SUCCESSFULLY. I HAVE SEEN THE SYSTEM FROM THE BOTTOM OF IT TO THE TOP OF IT AND HAVE WORKED IN IT IN ALL OF THOSE AREAS. I HAVE MADE PROBABLE CAUSE DETERMINATIONS IN THE MIDDLE OF THE NIGHT AND DEALT WITH THE LOCAL POLICE, BOTH AS A PROSECUTOR AND AS A PUBLIC DEFENDER AND AS A JUDGE. IN THE GENERAL SESSIONS SIDE OF THE COURT, I HAVE SET BONDS AS A MUNICIPAL JUDGE, HAD PRELIMINARY HEARINGS. AS A PUBLIC DEFENDER, I HAVE OPERATED IN THAT SYSTEM IN TRYING CASES IN IT AND UNDERSTAND HOW THE CASES FLOW AND I UNDERSTAND HOW THEY GET TO COURT. AS A MASTER IN EQUITY I HAVE A Heavy CASE LOAD. MY CASE LOAD IS APPROXIMATELY 1,000 TO 1200 A YEAR. IT VARIES FROM THE VERY ROUTINE TO THE COMPLEX. I BELIEVE THAT I HAVE A RECORD OF SUCCESS AS A MASTER IN EQUITY FOR THE PAST FIVE AND A HALF YEARS. THE TIMES THAT I HAVE BEEN APPEALED, I DON'T REALLY THINK THAT THE NECESSARY MARK OF A JUDGE IS HOW MANY TIMES YOU HAVE BEEN AFFIRMED RATHER THAN REVERSED BUT I CAN SAY THAT BELIEVE I HAVE PROBABLY BEEN AFFIRMED MORE TIMES THAN I HAVE BEEN REVERSED. BUT MORE SIGNIFICANTLY, SOME OF THE ORDERS THAT I HAVE WRITTEN ARE NOW QUOTED BY THE SUPREME COURT. THEY HAVE, ON ONE OF THE CASES THAT I HAD, ADOPTED MY ORDER, A RECENT CASE THAT I SAW. THEY HAVE CITED ANOTHER CASE THAT I HAD DECIDED. I KNOW THE SYSTEM AND I HAVE BEEN INVOLVED IN IT AND I BELIEVE THAT AS FAR AS MY LEGAL ABILITY, IT'S BEEN OR TO SOME EXTENT CAN BE LOOKED AT IN SOUTHEAST SECOND AND IT'S THERE AND IT'S A KNOWN QUANTITY. AS A LAWYER AND, OTHERWISE, I HAVE BEEN A LAW ENFORCEMENT OFFICER. I HAVE BEEN AN F.B.I. AGENT. I GREW UP IN A LAW ENFORCEMENT FAMILY. AS AN ASSISTANT ATTORNEY GENERAL, I HAD THE OPPORTUNITY TO PROSECUTE CASES. AS A PUBLIC DEFENDER, I HAD AN OPPORTUNITY TO DEFEND ALL CATEGORIES OF CASES, INCLUDING A DEATH PENALTY MURDER CASE. I THINK THAT THAT'S A BROAD RANGE OF EXPERIENCE AND I WANTED TO OFFER IT TO THE PEOPLE OF SOUTH CAROLINA BECAUSE THINK IT'S SIGNIFICANT AND WOULD HOPE THAT IT WOULD BE VIEWED FAVORABLY BY THIS COMMITTEE AND THE LEGISLATURE.
Q. THANK YOU. LET ME ASK YOU ONE?
A. YES, SIR.
Q. YOU WENT TO LAW SCHOOL; YOU MARRIED THIS NICE LADY, AND THEN YOU JUMPED OFF TO OMAHA, AND LINCOLN, AND SAN FRANCISCO.
A. YES, SIR.
Q. AND BACK HERE.
A. YES, SIR.
Q. YOUR WIFE, WHERE IS SHE FROM ORIGINALLY?
A. BAMBERG.
Q. ALL RIGHT, SIR. DID YOU TAKE HER WITH YOU WHEN YOU WENT ALL THOSE PLACES?
A. YES, SIR, SHE RELUCTANTLY LEFT SOUTH CAROLINA AND HEADED OUT TO THE MIDWEST AND THEN TO SAN FRANCISCO.
Q. ALL RIGHT, SIR, I WAS LOOKING HERE; WHAT STRUCK ME, I HAD THAT CIRCLED; ANYBODY WHO WORKS WITH THE INTERNAL SUBVERSIVE AND TERRORIST FUGITIVE ACTIVITIES INTERESTS ME.
A. YES, SIR.
Q. BUT IT SAID HERE, WORKED GENERAL CRIMINAL IN OMAHA.
A. YES, SIR.
Q. I THINK WE WANT TO SAY "WORKED GENERAL CRIMINAL INVESTIGATIONS."
A. YES, SIR. MOSTLY WHAT I DID IN OMAHA--I WAS A RESIDENT AGENT IN LINCOLN, NEBRASKA, WHICH I WAS INVOLVED WORKING IN A SMALL OFFICE IN LINCOLN WITH FOUR OTHER AGENTS AND I HAD RESPONSIBILITY FOR FOUR OR FIVE NEBRASKA COUNTIES WHICH WERE MY OWN RESPONSIBILITY. WHATEVER HAPPENED IN THE WAY OF FEDERAL LAW THAT OCCURRED, I WAS RESPONSIBLE FOR INVESTIGATING IT AND THAT WAS MOSTLY CRIMINAL. WHEN I WENT TO SAN FRANCISCO THE F.B.I. WAS STRUCTURED INTO SQUADS AND I WAS MAKING THE DISTINCTION BETWEEN GENERAL CRIMINAL INVESTIGATIONS AND SECURITY BECAUSE WHEN IN SAN FRANCISCO I WAS ASSIGNED TO INTERNAL SECURITY OF THE UNITED STATES AND VIOLATIONS THAT INVOLVED THAT CATEGORY. AND, AS YOU RECALL, IN THE LATE 60'S AND THE EARLY 70'S THIS COUNTRY WAS IN SOME AMOUNT OF STRIFE. THERE WAS A LOT GOING ON INTERNALLY. THERE WERE A LOT OF TERRORISTS ACTIVITIES, BOMBINGS, AND THAT SORT OF THING AND THAT WAS THE CLASSIFICATION THAT I GENERALLY WORKED IN SAN FRANCISCO.
Q. I WANT TO ASK BOTH OF YOU TWO QUESTIONS. ONE IS A QUESTION WHICH IS ALWAYS ASKED BY THE COMMITTEE, ALTHOUGH, I AM NOT THE ONE TO ASK IT BUT SINCE THEY WILL OBVIOUSLY REVIEW THIS AND SO WILL THE GENERAL ASSEMBLY: WHAT IS YOUR FEELING ABOUT THE DEATH PENALTY?
A. YES, SIR. AS A CIRCUIT JUDGE, IF I WERE TO TRY A DEATH PENALTY MURDER CASE I WOULD RECOGNIZE THAT IT HAS A PENALTY WHICH IS THE MOST EXTREME PENALTY THAT THE LAW MAY EXTRACT AND THAT IS THE DEATH PENALTY. ALSO, THESE CASES MANY TIMES TEND TO BE VERY EMOTIONAL AND INVOLVE NOT ONLY VICTIMS AND VICTIM'S FAMILIES AND THE EMOTIONS THAT GO ALONG WITH THAT BUT, ALSO, MANY TIMES THE ENTIRE COMMUNITY; SO, IF I WERE TO TRY A DEATH PENALTY MURDER CASE I THINK I WOULD TRY IT CAREFULLY AND DELIBERATELY. THE STATE OF SOUTH CAROLINA AND THE GENERAL ASSEMBLY HAS SEEN FIT TO HAVE THE DEATH PENALTY AS PUNISHMENT FOR MURDER. I WOULD HAVE NO PROBLEM WITH UPHOLDING THE LAW OF THE STATE IN A CAPITAL CASE.
Q. YOU MAY NOT BE IN A POSITION TO ANSWER THIS, ALTHOUGH I EXPECT YOU MAY HAVE A UNIQUE PROSPECTIVE ON IT. I SENSE SOME RISING DISCONTENT AMONG THE PRACTICING BAR AND SOME JUDGES ARE BEGINNING TO ASK QUESTIONS ABOUT OUR CURRENT DOCKET SYSTEM OR SYSTEM OF DOCKETING CASES AS OPPOSED TO THE FEDERAL SYSTEM OR ANOTHER SYSTEM. IT SEEMS TO BE TO ME, AT LEAST, WHEN WE BEGAN THE SYSTEM OF MOVING CASES AND LESS CONTINUANCES AND TRYING THINGS WITHIN A YEAR, IT SPEEDED THINGS UP INITIALLY.
A. YES, SIR.
Q. NOW, I BEGIN TO SEE THAT THERE ARE SOME CASES, THE CASES ARE SPED UP BUT THE WITNESSES AND THE LAWYERS ARE SLOWED DOWN IN THE SENSE THAT YOU ARE NEVER QUITE SURE WHEN ONE AFTERNOON AT 3:00 O'CLOCK WHERE YOU WERE 19 CASES OUT FOR TRIAL, YOU MAY GET A CALL TO COME TRY IT WHICH MEANS GET YOUR WITNESSES. HAVE YOU GOT ANY COMMENTS ON THE CURRENT SYSTEM,, AND NOT NECESSARILY CRITICISM, BUT HAVE YOU GOT ANY THOUGHTS ON THAT?
A. I'M VERY FAMILIAR WITH THE PRESENT SYSTEM BECAUSE I WORK IN IT AND I REPORT TO COURT ADMINISTRATION MONTHLY ON MY CASE LOAD AND HAVE DEADLINES IMPOSED ON ME BY THE SUPREME COURT. I HAVE ALSO BEEN INVOLVED IN DISCUSSIONS WITH THE COURT ON 40-C-3 AND THE IMPACT OF 40-C-3 WHICH TAKES THE CASE OFF OF THE ROSTER BECAUSE OF SOME DELAY. AND I HAVE ALSO HAD SOME CONVERSATIONS, ALSO, WITH THE RULES COMMITTEE AS LATE AS DURING THE PAST YEAR. AS WELL AS, I AM CURRENTLY ON THE JUDICIAL MODERNIZATION COMMITTEE AND I'M ON THE SUBCOMMITTEE DEALING WITH POSSIBLE REVISION OF THE SYSTEM. AND THE BAR, BY THE WAY, IS PROBABLY GOING TO BE OFFERING A REPORT TO SUGGEST SOME CHANGES TO THE BAR MEETING IN SUMMER. I THINK THAT OUR SYSTEM COULD PROBABLY STAND SOME SLOWING DOWN. I THINK THAT A LOT OF WHAT WE HAVE HAD THOUGH HAS BEEN A MATTER OF EDUCATING THE BAR AND EDUCATING THE LITIGANTS TO A NEW SYSTEM. WE WENT FROM A NON-SYSTEM WITH CASES 5 YEARS OLD AND 6 YEARS OLD AND 10 YEARS OLD TO SOME ORDER AND STRUCTURE AND I THINK ANY TIME THAT YOU DO THAT, THERE'S GOING TO BE SOME CONCERN. I HAVE, IN MY OWN COURT, OPERATED ON A DAY CERTAIN SYSTEM; SO, I DON'T HAVE THE PROBLEMS OF HAVING TO HAVE LAWYERS FOLLOW A ROSTER AND CASES FALLING OUT AND HAVING TO RUN UP HERE. I THINK THAT WE OUGHT TO, WHATEVER WE DO ABOUT THE SYSTEM, PAY MORE ATTENTION TO JUSTICE THAN EXPEDIENCY AND EFFICIENCY IN HANDLING THE CASES. I THINK THAT PROBABLY WE WILL SEE THE BAR MAKING SOME REQUESTS TO REFINE THE PRESENT SYSTEM WE HAVE; PERHAPS, TO NOT WRITE DELAY INTO IT BUT TO WRITE MORE CERTAINTY INTO IT BECAUSE OF THE SCHEDULES NOW OF LAWYERS ARE GETTING MORE COMPLEX BECAUSE OF THE NUMBER OF CASES AND THE NUMBER OF COURTS THAT WE HAVE TO RESPOND TO. I THINK THAT WE MIGHT HAVE GOTTEN A LITTLE BIT IN A HURRY TO TRY CASES BUT I DON'T REALLY THINK IT'S NECESSARILY BEEN A NEGATIVE IMPACT ON THE STATE. I THINK IT PROBABLY HAS BEEN POSITIVE. I THINK WHERE WE ARE NOW THOUGH IS PROBABLY TO SEE THAT SYSTEM SORT ITSELF OUT AND I THINK THERE WILL PROBABLY BE LESS PUSH TOWARDS GETTING THE CASES TRIED IN A PARTICULAR ARBITRARY TIME SCHEDULE AND MORE TOWARDS LOOKING AT THE CASE. THE BAR'S PROPOSAL IS TO GRADE A CASE FROM ROUTINE TO MAJOR LITIGATION AND THEN FOLLOW A SCHEDULE IF IT'S A MAJOR LITIGATION. YOU HAVE TO LOOK AT THE CASES. YOU CAN'T TAKE A SIMPLE AUTOMOBILE WRECK AND A MEDICAL MALPRACTICE CASE AND EQUATE THEM STATISTICALLY THE SAME. WE CAN'T, IN MY COURT, TAKE A SUPPLEMENTAL PROCEEDING WHICH WILL TAKE ME 15 MINUTES AND A MAJOR COMPLEX LITIGATION AND ON THE STATISTICS, THEY ALL HAVE THE SAME NUMBER; THEY ARE ONE; BUT YOU CAN'T LOOK AT THEM AS A TRIAL JUDGE LIKE YOU WOULD STATISTICALLY AND, SO, I THINK THE SYSTEM HAS TO LOOK AT THE CASES INDIVIDUALLY.
Q. THANK YOU. DO YOU HAVE ANYTHING TO ADD?
A. NO, SIR, AND I APPRECIATE THIS OPPORTUNITY, SIR.
Q. THANK YOU, SIR.
A. YES, SIR.
SENATOR SMITH: MR. KINARD.
MR. KINARD: SENATOR SMITH.
SENATOR SMITH: LAST BUT NOT LEAST.
MR. KINARD: LET THE LAST BE FIRST.
(J. ERNEST KINARD, JR., CANDIDATE FOR JUDGE OF THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT WAS DULY SWORN BY SENATOR SMITH.)
Q. YOU HAVE REVIEWED THE DATA QUESTIONS, THE SUMMARY OF THE DATA QUESTIONNAIRE?
A. I READ IT SEVERAL TIMES THIS MORNING.
Q. ALL RIGHT, SIR. IS IT, AS FAR AS YOU CAN TELL CORRECT? DO WE NEED TO CHANGE ANYTHING OR ADD TO IT?
A. IT LOOKS CORRECT. UNFORTUNATELY I NEVER HAD A FEDERAL OR STATE PAYING JOB, SO I DIDN'T LIST ANY.
Q. THAT'S ALL RIGHT. THERE ARE SOME WHO THINK THAT'S AN ADVANTAGE. YOU ARE 48.
A. YES, SIR.
Q. YOU HAVE INDICATED--LET ME FIRST SAY THAT IF YOU HAVE NO OBJECTION, WE WILL INCLUDE THIS AS A PART OF THE RECORD.
A. I HAVE NO OBJECTION.
Q. YOUR SWORN RECORD.
1. J. Erneist Kinard, Jr.
Home Address: Business Address:
1900 Lyttleton Street 1111 Church Street
Camden, SC 29020 Camden, SC 29020
2. He was born in Newberry, South Carolina on October 18, 1939.
Social Security Number: ***-**-*****
4. He was married to Kay Livingston Davis on July 21, 1963. They have 3 children: Kay Marie, age 22 (Senior/University of Georgia); Audrey Roberts, age 20 (Junior/Clemson University), and John E., III, age 17 (Senior/Camden High).
5. Military Service: None
6. He attended Clemson University, fall 1957 until mid-year 1960, then transferred to the University of South Carolina with plans to subsequently enter USC Law School. He graduated from the University of South Carolina in 1961 with a Bachelor of Arts Degree. He entered law school in the fall of 1961 and graduated mid-term 1964 with a LLB Degree. (Wig & Robe while in law school.)
8. Legal Experience since graduation from law school:
In law school he clerked for the old McKay Firm. Upon his graduation from law school in January of 1964 he moved to Camden and clerked for Henry Savage, Jr. and Ed Royall until his admission to the Bar in April of 1964 and then became an associate. He became a partner in 1965. Since 1968 he has been managing partner in charge of personnel and procedure, delegating and assigning various cases and functions to firm members.
9. Frequency of appearances in court during the past five years:
Federal - His appearances in Federal Court for the last five years in Bankruptcy Court appearances alone would probably average 40 per year, and he would handle 1 or 2 small Federal civil matters a year
State - His appearances in State Courts over the last five years would exceed 30 per year, including Family Court and Master's hearings, Circuit Court Motions, etc.
Other - His appearances before other courts, including administrative hearings, would average six a year
10. Percentage of litigation:
Civil: 85% Domestic: 14% Criminal: 1%
11. Percentage of cases in trial courts:
Jury: 10% Non-Jury: 90%
(He was sole counsel 75%, chief counsel, 24%, and associate counsel 1%)
12. Five (5) of the most significant litigated matters in either trial or appellate court:
(a) Mary Whitaker v. Catawba Timber Company, Court of Common Pleas, Kershaw County, South Carolina (81-CP-28-159) decision May 3, 1982, Judge Walter J. Bristow, Jr.
The Plaintiffs in 1967 agreed to accept an increasing yearly rental for a 66-year term for about 260 acres, and they further executed an option to purchase for $15,000 any time after the 20th year increasing 5% per year from the 21st year through the 66th year of the lease term. Plaintiff filed suit seeking cancellation of the lease and option after he attempted to exercise the option to purchase for the company. Basically, the Plaintiff alleged inadequacy of consideration and that the option violated the rule against perpetuities. He paid the consideration into court and counterclaimed, seeking specific performance. After a trial without a jury before Judge Bristow, he executed an Order granting specific performance and they immediately closed the purchase. A group of cases do hold such a clause violative of the rule and that issue was novel to South Carolina; however, his research had found the majority rule to hold favorable in similar circumstances, including a recent Georgia decision involving a landowner, a paper company and a 60-year lease. Catawba Timber is a subsidiary of Bowater and many thousand of acres were under option under similar leases. House counsel for Bowater advised him that based on his research, they ascertained that their options in several states would possibly be held to violate the perpetuities rule in those states and they accordingly exercised all their options to purchase rather than risk litigating the issue again which is why he finds the case to be significant.
(b) Foxwood, a Limited Partnership v. Town of Kershaw, 80-CP-29-10, Court of Common Pleas, Lancaster County, Decision Judge George Coleman, July 14, 1980.
The Town of Kershaw refused to permit an apartment project to connect to its water and sewer facilities after earlier granting permission. The suit was for a writ on mandamus and also sought injunctive relief alleging basically that the city was estopped, that water hook ups were ministerial functions and could not be arbitrarily withheld, and that quasi-zoning by granting or withholding water taps denied equal protection. Judge Coleman ordered the Town to furnish the services. The Town filed Notice to Appeal, which was eventually dismissed in early 1981. Incidentally, their clients then sought issuance of permits and the Town refused, resulting in their filing suit seeking damages and a contempt order against each councilperson. Prior to a hearing on the contempt matter, the Town agreed to cooperate, and they filed an Order of Dismissal in June of 1982, with the apartment project finally commencing in late 1982. It is now approximately 80% completed. He feels this case to be significant in that it again shows that if you persevere, elected officials will be compelled to perform their legal duty and will acknowledge that they also are under the law.
(c) The State v. McKinley Thomas, Murder Indictment, Trial in Richland County, South Carolina
This is a criminal case which occurred about 15 years ago when Theodore Byrd and associates marched two Kershaw County deputies off I-20 near Elgin, killed Officer Potter and severely injured a fellow officer. The case was tried by Solicitor John Foard before Judge Grimball, just before the Solicitor's defeat by Jim Anders. The trial was widely publicized and took a week to try. He spent at least one month working on that unpopular court-appointed defense, including many trips to Columbia, and never received any compensation, as the defense fund was exhausted when the claim was filed, as he recalls. The trial was complex, many attorneys were involved, including the Richland County defense group. He served as Chief Counsel for this Defendant and examined every witness and argued to the jury. They successfully overcame the old "hand of one is hand of all" argument in the face of previous knowledge brought out in the trial that Byrd had killed another officer the previous night with the Defendant and others in attendance and also that all Defendants were holding guns on the officers when Byrd started shooting. The jury found the Defendants, except Byrd, who had pled guilty, not guilty of murder and other related charges, finding guilt only of larceny of the officers' pistols as he recalls. Overcoming the Solioitor's vigorous presentation and the legal issues presented make the case appear significant to him. His jury arguments since he then felt the Defendants should be found guilty, against the hand of one theory was his most trying moment in his career and while he did not falter, during the argument, he honestly never felt that a not guilty verdict was within the realm of possibility and he took no pride in that verdict when received but did learn to rethink some of his previous conceptions of how jurles arrived at verdicts and feels that his trial skills were helped by participation in that apparent hopeless decision.
(d) Helen Best, et al. v. L.L. DeBruhl, Court of Common Pleas, Kershaw County, South Carolina
He was chief counsel in this case, ably assisted by Judge Clator Arrants and Senator Donald Holland. The case was decided over 15 years ago and involved a suit by the Plaintiff against the Sheriff of Kershaw County alleging false imprisonment and violation of various civil rights statutes growing out of the Sheriff's arrest of three middle-aged ladies from the Bethune area on alleged drug possession. A reliable informant advised the Sheriff that the ladies who were under surveillance had certain drugs in their possession and where they were to be. The Sheriff picked up the ladies and brought them to the jail and asked if his wife could search them (this was before they had any female officers in the County) to which they consented, provided that could first use the bathroom, which consent was then given (their Sheriff was then younger and not as experienced). Obviously, the subsequent search uncovered no controlled substances. The case was difficult to defend as some procedures were not properly followed and the Sheriff refused to identify his informant or permit them to present other drug related evidence damaging to the Defendants earlier obtained by his force. The case was tried before Judge Wade Weatherford and resulted in a verdict for the Defendant. The case seems significant in that it was widely publicized, and the favorable verdict tended to discourage frivolous suits locally against elected officials; in fairness, they would have been pressed to have won the case had suit been filed in Federal Court due to the minor procedure violations mentioned above and Plaintiff's attorneys permitting them to paint a damaging portrait of their client by innuendo which would probably not have been permitted in federal Court.
(e) Hovis v. Wright, Fourth Circuit, January 10, 1985, 84-1128
This was a bankruptcy matter where he filed a schoolteacher in bankruptcy and claimed as exempt from bankrupt proceedings, the State's retirement contributions of his teacher/debtor which amount at that time exceeded $8,000.00 Judge Davis, on motion of the Trustee and hearing, ruled that the Trustee could reach the State retirement fund. He appealed and Judge Perry for the District Court held that the Trustee could not reach the funds. A subsequent appeal was taken to the Fourth Circuit, where it was held that the funds could not be reached. This case was very important since not only his individual teacher, but all state employees were affected by the outcome, and he doesn't know the exact number but about 40 State employees retirement benefits were riding on the outcome of this decision at the time of its final adjudication. He did not actually appear before the Fourth Circuit as he asked the Attorney General to intervene since the State's interest appeared, Breat and they graciously furnished counsel. He did file a brief, but did not appear before the Fourth Circuit.
13. List up to five civil appeals which you personally have handled, giving the case, the court, the date of decision and citation, if reported.
He has not handled any appeals. Bob Sheheen of his firm has handled all of their appeals over the last twenty (20) years.
16. Public Office: He was President of the Kershaw County Chamber of. Commerce in 1983; President of the Camden Country Club, 1981-1982 : and 1982-1983; Vice-Chairman of Wateree Community Actions 1969-1972; served on the Board of the Kershaw County Commission on Drug Abuse from 1970-1975
17. Unsuccessful Candidate: He did announce and run against Judge Owens Cobb for this seat in 1983 but withdrew prior to the election.
25. Health is good.
32. Civic, charitable, religious, educational, social, and fraternal organizations: Kershaw County Chamber of Commerce (President); St. Timothy's Lutheran Church; Camden Sertoma Club, Camden Assembly; Camden Cotillion; Carousel Dance Club; Kershaw County Lodge 29 AFM; Camden Country Club; Newberry College Indian Club (Chief); IPTAY (Cold Card); SNIPE Club; Kershaw County Fine Arts Center; Louise C. Proctor Trust (Trustee); USC Alumni; Wateree Valley Clemson Club (Director); Camden Bulldog Club (Executive Member); Alston Wilkes Society; Camgand Club; and various school related parent groups, also small contributing member to numerous charities, such as the Cancer Society, not itemized, as he has taken no role in those organizations
33. To his recollection in his 24 years of practice, only one client has changed attorneys in a case after his representation commenced and that was with his welcome consent without ill will. The case was a marital case which involved neighbors, who remain friends, now divorced, prior to pleadings being filed. He had from the start advised he was at best a reluctant advocate and had encouraged use of another, nonpersonally involved attorney. He has refused to accept or has withdrawn from cases when conflicts occurred where conflicts would affect or appear to affect his effective representation and withdrawn from one case where the client subsequently would not accept an agreed settlement after the check and releases were received.
34. Five letters of reference:
(a) R. Donald Terrell, Vice President
C & S National Bank
P.O. Box 250, Camden, SC 29020
(b) H. Davis Green, Jr., Chairman of the Board and Executive Officer
First Federal Savings & Loan Assn. of Camden
2310 N. Broad Street, Camden, SC 29020
(c) James B. Park, Pastor
St. Timothy's Lutheran Church
1301 Mill Street, Camden, SC 29020
(d) Robert A. Carswell, CPA
P.O. Box 862, Camden, SC 29020
(e) Hon. Carl R. Reasonover, Municipal Judge
1000 Lyttleton Street, Camden, SC 29020
Q. THE BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE SAYS THAT THERE'S BEEN NO COMPLAINTS OR CHARGES AGAINST YOU AND ALL THE APPROPRIATE LAW ENFORCEMENT AGENCIES, HIGHWAY DEPARTMENT, KERSHAW: COUNTY SHERIFF, CAMDEN CITY POLICE, SLED, ALL INDICATE NEGATIVE OR NO RECORD KERSHAW COUNTY CLERK IS NEGATIVE AND THE F.B.I CARD, YOU WERE FINGERPRINTED IN 1983. WHAT WAS THE PURPOSE FOR THAT IN '83?
A. I RAN AGAINST JUDGE COBB AT THAT TIME.
Q. ALL RIGHT; YOU HAVE BEEN SCREENED.
A. I HAVE BEEN SCREENED.
Q. YOU WERE SCREENED IN '83.
A. YES, SIR.
Q. ALL RIGHT, SIR. THAT'S CORRECT.
A. THAT DOES NOT GIVE ME A PRIORITY IN THE SEAT, I UNDERSTAND, BUT IT'S MY SECOND ATTEMPT.
Q. I KNOW YOU UNDERSTAND THAT, YES, SIR. THE MCKINLEY THOMAS CASE THAT YOU'VE INDICATED HERE INTERESTS ME, WELL, FROM THE LEGAL STANDPOINT BUT ALSO BECAUSE OF THE, WELL, YOU WERE COURT APPOINTED AND IT WAS IN THE MIDDLE OF A RIGHT HOT POLITICAL RACE OR RIGHT AFTER ONE.
A. THAT'S CORRECT. JIM ANDERS WAS RUNNING AGAINST JOHN FORD AT THAT TIME. THAT WAS JOHN FORD'S LAST CASE, HIS LAST TRIAL.
Q. AND I CAN RECALL THE PUBLICITY SURROUNDING THAT CASE AND THE RACE, APPARENTLY WOULD OBVIOUSLY PUT SOME ADDITIONAL PRESSURE ON ALL INVOLVED.
A. IT DID.
Q. I WAS LOOKING FOR A QUESTION, THE HEALTH QUESTION, EXCUSE ME, BUT YOU APPARENTLY ARE IN GOOD HEALTH?
A. AS FAR AS I CAN TELL. I STILL PLAY RACQUETBALL TWO OR THREE TIMES A WEEK.
Q. WELL, THAT HELPS. OF COURSE, YOU AND I ARE THE SAME LAW SCHOOL GENERATION. I AM NOT SURE AT MY AGE--I'M A LITTLE BIT OLDER THAN YOU ARE, BUT NOT MUCH--I'M NOT SURE AT MY AGE I WOULD WANT TO STOP PRACTICING LAW AND GO TO THE BENCH.
A. YES, SIR, SENATOR, THAT'S A DIFFICULT THING TO DO BECAUSE OF THE CLIENTELE THAT YOU BUILD UP OVER THE YEARS. I WAS THE THIRD ATTORNEY IN MY FIRM, AS YOU KNOW, AND NOW WE HAVE NINE ATTORNEYS; THE SIX UNDER ME, I HAVE HIRED AND REALLY TRAINED ALL OF THEM. IT SEEMS THOUGH THAT WHAT HAPPENS IS THE MORE ATTORNEYS THAT YOU ADD, THE MORE THE MANAGING PARTNER HAS TO DO AND THE MORE FILES HE HAS TO HANDLE. KAY AND I, SHE IS HERE WITH ME, HAVE THREE CHILDREN AND AS YOU NOTICE, WE ARE AT THAT STAGE WHERE OUR OLDEST DAUGHTER IS GRADUATING FROM GEORGIA THIS YEAR; AND THE SECOND CHILD FINISHES CLEMSON NEXT YEAR, AND OUR SON IS ABOUT TO GO OFF TO SCHOOL; AND WE HAVE TRIED TO GIVE THEM ROOTS, WE THINK SUCCESSFULLY, AND NOW WE'RE HOPING WE HAVE GIVEN THEM WINGS, YOU KNOW.
Q. IT DOESN'T ALWAYS WORK THAT WAY.
A. I UNDERSTAND THAT BUT WE ARE RELYING HEAVILY ON THAT SO THAT WILL FREE UP SOME TIME. AND SENATOR, I HAVE OBVIOUSLY STARTED IN A SMALL TOWN, LIKE YOU PRACTICE, YOU HAVE TO HANDLE EVERY TYPE OF CASE BUT I'VE PUT ON MY PERCENTAGE OF PRACTICE ONE PERCENT FOR CRIMINAL BUT YOU KNOW IT'S MORE THAN THAT. I STILL HAVE TO GO DOWN AND CATCH SOME FRIEND COMING FROM A COCKTAIL PARTY WHO THE CITY POLICE HAVE INCARCERATED AND HAVE TO GET SOME OTHER ATTORNEY TO GET HIM OUT, AND THINGS LIKE THAT. IT'S A LOT OF HEAT IN THE PRACTICE, AS YOU KNOW. THAT'S PART OF IT.
Q. WELL, YOU MENTIONED YOUR WIFE. SHE IS A SOUTH CAROLINIAN?
A. WE ARE BOTH FROM NEWBERRY. SHE STARTED BACK TEACHING MATH IN HIGH SCHOOL. SHE TAUGHT OUR FIRST FEW YEARS WE WERE MARRIED AND TOOK A 17-YEAR HIATUS AND NOW RETURNED.
Q. HOW DID YOU GET TO CAMDEN?
A. COLEMAN KARESH TOLD ME THAT WAS THE THING TO DO.
Q. THERE'S A UNIQUE APPROACH.
A. WE DID NOT HAVE THE PLACEMENT SERVICE, AS YOU RECALL; WE WERE THERE AT THE SAME TIME. I HAD INTERVIEWS FROM SEVERAL OF THE LARGER FIRMS SCHEDULED. I HAD TALKED TO ONE FIRM IN SPARTANBURG. I HAD INTERVIEWS AND I WORKED FOR THE MCKAY FIRM HERE AND THEY OFFERED ME REALLY A PITTANCE COMPARED TO WHAT STAR GRADUATES WERE GETTING AND I WAS WIG AND ROBE AND NOT A STAR GRADUATE BUT HIGH MEDIOCRE IN ANY EVENT. I MENTIONED; TO COLEMAN KARESH THAT I HAD THIS RIDICULOUS LOW OFFER AND ALL THESE OTHER FIRMS TO INTERVIEW, AND HE SAID: WELL, TAKE THAT. I SAID: YOU CAN'T BE SERIOUS. HE SAID: YES, YOUR STARTING PAY IS NOT WHAT YOU LOOK AT. HE SAID: WHAT YOU LOOK AT IS THAT THEY HAVE NO SON READY TO COME BACK INTO THE PRACTICE OVER THERE AND CAMDEN IS a GROWTH. AREA. AND WITH ABILITY THAT COULD BE THE RIGHT DECISION AND IT TURNED OUT TO BE.
Q. I ASKED JUDGE HARRISON ABOUT THE DEATH PENALTY AND I WOULD LIKE TO GIVE YOU AN OPPORTUNITY TO COMMENT. DO YOU FAVOR THE DEATH PENALTY?
A. WELL, THAT IS, OF COURSE, A DIFFICULT QUESTION. ALWAYS, OF COURSE, PHILOSOPHICALLY I'M AGAINST THE DEATH PENALTY. I DON'T THINK YOU CAN SIT AROUND THE TABLE AND DISCUSS IT AND BE CLEARLY FOR THE DEATH PENALTY; BUT IN A CONCRETE CASE, HAVING SEEN THE SITUATIONS WHERE THE DEATH PENALTY WAS APROPO IN MY OPINION, I WOULD HAVE NO PROBLEM WITH ENFORCING THE DEATH PENALTY. THAT IS THE LAW AND I WOULD NOT BE RUNNING FOR OFFICE COULD I NOT DO THAT. I THINK, OF COURSE, YOU SHOULD GUARD THE TRIAL AND MAKE SURE THAT ALL THE SAFEGUARDS AND ALL THE OPPORTUNITIES FOR GOOD DEFENSES ARE AFFORDED THE DEFENDANTS, BUT IF THE DEATH PENALTY IS IN ORDER, I WOULD CERTAINLY ORDER IT.
Q. THE DOCKET SYSTEM, AS A TRIAL ATTORNEY YOU HAVE PROBABLY BEEN CAUGHT HAVING TO BE TWO PLACES AT ONE TIME?
A. IT'S A PROBLEM AND WHAT HAS HAPPENED TO US AND IN ALL FIRMS WHO ARE NOT CENTRALLY LOCATED BECAUSE, AND YOU ARE FROM FLORENCE, OF COURSE, WE ARE FROM CAMDEN; WE HAVE A SIZABLE PRACTICE IN LEE COUNTY, SUMTER COUNTY, LANCASTER COUNTY, SOME IN RICHLAND COUNTY AND SOME IN FAIRFIELD COUNTY, ALL SURROUNDING COUNTIES, AND YOU DO GET CAUGHT WHERE YOU ARE SUPPOSED TO BE TWO PLACES AT THE SAME TIME. AND WHAT HAS HAPPENED IS THAT WE HAVE RELEASED A LOT OF OUR OUT OF COUNTY TRIAL PRACTICE BECAUSE YOU CANNOT BE TWO PLACES AT ONCE. AT ONE POINT I WAS DEFENSE COUNSEL FOR AN INSURANCE COMPANY IN CHESTERFIELD BUT CHESTERFIELD IS 60 MILES FROM CAMDEN AND I JUST CAN'T DRIVE OVER THERE FOR A ROSTER MEETING FOR ONE OR TWO CASES. I JUST HAD TO LET THAT GO. I HAVE REALLY, AND I THINK MY FIRM HAS NO PROBLEMS; I THINk IT'S PROBABLY NOW BETTER WE NOW HAVE THE TIME LIMIT AS LONG AS THE JUDGES UNDERSTAND. I HAVE A CASE SCHEDULED TO BE TRIED MONDAY, FIRST CASE ON THE DOCKET. THE CHIEF WITNESS HAD A HEART ATTACK TUESDAY; WE WERE SUPPOSED TO TAKE HIS DEPOSITION AND THAT'S JUST A PROBLEM. WELL, THE JUDGE IS GOING TO GIVE US A CONTINUANCE BUT IT'S NOT AS EASY TO GET A CONTINUANCE EVEN NOW BECAUSE THE YEAR HADN'T RUN; IF I WAS DOWN TO THE YEAR, I'M JUST IN A LOT OF TROUBLE. I THINK THE JUDGES NEED TO RECOGNIZE THE PECULIAR CHARACTERISTICS OF EACH CASE AND IF YOU HAVE AN ASBESTOSIS, THAT TAKES MORE TIME TO TRY THAN JUST A LITTLE CAR FENDER CASE.
Q. I WAS INTERESTED IN, MAYBE YOU WOULD LIKE TO REACT. I HAD NOT THOUGHT AND JUDGE HARRISON MENTIONED THE APPROACH THE BAR IS TALKING ABOUT THAT YOU JUST ALLUDED TO THAT PERHAPS THERE IS A WAY TO TAKE--AND IN THE EYES OF A LITIGANT, HIS CASE IS THE MOST IMPORTANT BUT IN THE EYES OF THE COURT SOME CASES HAVE TO HAVE A LITTLE PRIORITY, IT SEEMS TO ME, AND I WONDER WHETHER OR NOT THAT MIGHT BE A PRACTICAL WAY TO TAKE THE MALPRACTICE AND THE ASBESTOS AND MAYBE THE COMPLICATED PERSONAL INJURY CASE AND PUT THEM ON A MORE CERTAIN DAY CERTAIN OR SIMILAR SYSTEM.
A. THERE ARE ALWAYS SIDES TO IT, SENATOR. I PERSONALLY FEEL THAT IF YOU GAVE IT, JUST BECAUSE IT WAS A COMPLEX CASE, PREFERENTIAL TREATMENT, THAT IS JUST THAT MANY MORE DEPOSITIONS THAT PEOPLE WHO ARE GETTING PAID TO TAKE DEPOSITIONS TAKE TO A DEGREE. I MEAN, YOU HAVE TO WATCH THAT, ALSO.
Q. IS YOUR PRACTICE PLAINTIFF ORIENTED OR DEFENSE ORIENTED OR YOU TAKE WHAT COMES IN THE DOOR?
A. OUR PRACTICE AND THE FIRM'S PRACTICE IS ANYTHING THAT COMES IN. NOW, I, AS YOU WOULD NOTICE, HAVE DONE A LOT OF BANKRUPTCIES IN THE LAST FEW YEARS. I PROBABLY FILED 50 LAST YEAR. AND I'M ONLY ALLUDING JUST BECAUSE OF THE DOCKET QUESTION. WHEN I FIRST STARTED BANKRUPTCIES ABOUT 10 YEARS AGO, YOU WOULD GO TO BANKRUPTCY COURT AND IT WOULD BE YOU AND JUDGE DAVIS, YOU KNOW AND YOU'D HAVE TIME TO CHAT AND EVERYTHING. YOU CAN'T EVEN GET IN THE COURTROOM. THEY CAN'T TREAT YOU EVEN LIKE A HUMAN BEING. THE JUDGE CAN'T EVEN LISTEN TO ARGUMENTS, HE HAS SUCH A BACKLOG. THEY HAD TWO JUDGES AND IT'S ABOUT THE SAME THING. IF I AM FORTUNATE ENOUGH TO GET ON THE BENCH, I DON'T THINK WE WOULD HAVE ANY PROBLEMS IN LEE COUNTY AND WINNSBORO CONTROLLING DOCKETS NOW NO MATTER WHAT TYPE CASE YOU HAVE BUT IN YOUR METROPOLITAN AREAS, YOU ARE GOING TO BE UNDERSTAFFED, I'M AFRAID. IT'S JUST A PROBLEM. AND I NO LONGER DO FAMILY COURT PRACTICES OTHER THAN I DID HAVE TWO LAST MONTH, I THINK, THAT I COULDN'T GET OUT OF. BUT I DON'T LIKE THE FACT OF WALKING IN THERE AND THE HALLS ARE BACKED UP WITH JUST PEOPLE, AND ALL OF THEM HAVE PROBLEMS. I SYMPATHIZE FOR ALL THESE JUDGES AND JUDGE ELECTS THAT REALLY WANT TO TAKE ON THAT BURDEN. I WOULD HATE FOR CIRCUIT COURT TO BECOME LIKE THAT.
Q. ANYTHING ELSE YOU WOULD LIKE TO ADD?
A. I THINK WE HAVE BEEN HERE LONG ENOUGH TODAY, SENATOR.
Q. THANK YOU, SIR. APPRECIATE IT.
SENATOR SMITH: THE COMMITTEE WILL REVIEW THE TRANSCRIPT AND MEET IN EXECUTIVE SESSION AND ISSUE ITS FINDINGS AT A LATER DATE.
(WHEREUPON, THE PROCEEDINGS WERE CONCLUDED AT 12:16 P.M.)
The Judicial Screening Committee has investigated the qualifications of the following candidates and finds each to be qualified to seek election.
Hon. James C. Harrison, Jr. 5th Judicial Circuit
J. Ernest Kinard, Jr. 5th Judicial Circuit
Hon. Alvin C. Biggs Seat #2 1st Jud. Circuit
Hon. Peter R. Nuessle Seat #1 2nd Jud. Circuit
Frances C. Matthews Seat #1 3rd Jud. Circuit
Hon. B. J. Warshauer Seat #1 3rd Jud. Circuit
Hon. Jamie F. Lee Seat #1 4th Jud. Circuit
Hon. Robert H. Burnside Seat #1 5th Jud. Circuit
Melvin D. Bannister Seat #2 5th Jud. Circuit
Richard Giles Whiting Seat #2 5th Jud. Circuit
Joseph A. Wilson, II Seat #2 5th Jud. Circuit
Hon. William M. Campbell Seat #4 5th Jud. Circuit
Hon. Stuart H. Hall Seat #3 7th Jud. Circuit
W. Frank Partridge, Jr. Seat #2 8th Jud. Circuit
Gary Tusten Pope Seat #2 8th Jud. Circuit
John M. Rucker Seat #2 8th Jud. Circuit
Hon. L. Mendel Rivers Seat #1 9th Jud. Circuit
Hon. Judy C. Bridges Seat #3 9th Jud. Circuit
Wayne M. Creech Seat #4 9th Jud. Circuit
David A. Soderlund Seat #4 9th Jud. Circuit
Hon. Robert H. Cureton Seat #2 10th Jud. Circuit
Hon. W. Frank Rogers, Jr. Seat #1 11th Jud. Circuit
Hon. Wylie H. Caldwell, Jr. Seat #3 12th Jud. Circuit
Hon. Willie T. Smith, Jr. Seat #3 13th Jud. Circuit
Hon. Joseph W. Board Seat #4 13th Jud. Circuit
Hon. Albert L. Kleckley Seat #2 14th Jud. Circuit
Hon. Kaye G. Hearn Seat #2 15th Jud. Circuit
Hon. David N. Wilburn, Jr. Seat #1 16th Jud. Circuit
Respectfully submitted,
Thomas E. Smith, Jr., Chairman
/s/ Sen. Isadore E. Lourie
/s/ Sen. John A. Martin
/s/ Sen. Glenn F. McConnell
/s/ Reps James M. Arthur
/s/ Rep. Larry E. Gentry
/s/ Rep. D. Malloy McEachin, Jr.
/s/ Rep. John I. Rogers, III
(On motion of Rep. McEACHIN ordered printed in the Journal.)
Received as information.
The following was received.
April 8, 1988
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211
Dear Rep. Foster:
The members of the South Carolina Arts Commission cordially invite members of the South Carolina House of Representatives to the 1987-88 Elizabeth O'Neill Verner Awards - Governor's Awards for the Arts presentation.
The Verner Awards presentation will take place beginning at 5:30 P.M., on Tuesday, May 3, 1988, in the House Chambers of the State House, followed by a reception in the State House Rotunda.
It would be appreciated if you would note this annual event in your calendar.
Sincerely yours,
Scott Sanders
Executive Director
Received as information.
The following was received.
April 13,, 1988
The Honorable Lois T. Shealy
Clerk of the S.C. (Doc. No. 978)
House of Representatives
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on April 13, 1988, regulations concerning Graduation Requirements -- The Equivalency Certificate and the General Educational Development Tests from the Board of Education.
They are hereby referred to the Committee on Education and Public Works for consideration.
Sincerely,
Robert J. Sheheen
Received as information.
RULES AND REGULATIONS WITHDRAWN AND RESUBMITTED
The following were received.
April 13, 1988
The Honorable Lois T. Shealy
Clerk of the S.C. (Doc. No. 892)
House of Representatives
Dear Mrs. Shealy:
The Board of Education is hereby withdrawing regulations as originally submitted pertaining to Defined Minimum Program for South Carolina School Districts, effective this date.
However, at this time the Board is resubmitting regulations, which contain amendments in three areas of the Defined Minimum Program for South Carolina School Districts:
1. Provisions for Granting High School Credit -- Grades 9-12, VI., B., 7;
2. Appendix A -- List of Approved Subjects;
3. Appendix B -- Acceptable Areas of Certification.
The remaining regulations pertaining to this subject matter will be resubmitted at a later date.
These regulations have been referred to the Education and Public Works Committee.
Sincerely,
Robert J. Sheheen
April 13, 1988
The Honorable Lois T. Shealy
Clerk of the S.C. (Doc. No. 893)
House of Representatives
Dear Mrs. Shealy:
The Board of Education is hereby withdrawing and simultaneously resubmitting regulations with changes concerning Interscholastic Activities: Academic Requirements for Participation, effective this date. These regulations have been referred to the Education and Public Works Committee.
Sincerely,
Robert J. Sheheen
Received as information.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 4083 -- Reps. Beasley, Hayes, Fair, Corning and Hearn: A CONCURRENT RESOLUTION TO DIRECT THE JOINT LEGISLATIVE COMMITTEE ON CHILDREN TO MAKE A COMPREHENSIVE STUDY TO DETERMINE WHETHER THIS STATE NEEDS TO CONSOLIDATE THE SERVICES IT PROVIDES TO CHILDREN AND CREATE AN INTEGRATED AGENCY FOR THE PROVISION OF THE SERVICES.
On motion of Rep. FOSTER, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration.
H. 4083 -- Reps. Beasley, Hayes, Fair, Corning and Hearn: A CONCURRENT RESOLUTION TO DIRECT THE JOINT LEGISLATIVE COMMITTEE ON CHILDREN TO MAKE A COMPREHENSIVE STUDY TO DETERMINE WHETHER THIS STATE NEEDS TO CONSOLIDATE THE SERVICES IT PROVIDES TO CHILDREN AND CREATE AN INTEGRATED AGENCY FOR THE PROVISION OF THE SERVICES.
Be it resolved by the House of Representatives, the Senate concurring:
That the Joint Legislative Committee on Children shall make a comprehensive study to determine whether this State needs to consolidate the services it provides to children and create an integrated agency for the provision of the services.
The chairman of the Joint Legislative Committee on Children shall appoint an advisory committee to conduct the study and shall serve as the chairman of the advisory committee. The advisory committee must include the chairmen of the following committees or commission or their designees: Senate Finance, Senate Medical Affairs, House Ways and Means, House Medical, Military, and Municipal Affairs, and State Reorganization Commission.
The advisory committee, under the auspices of the Joint Legislative Committee, on Children may hold public hearings, subpoena witnesses, and inspect public files, records, and documents to the extent necessary to carry out its duties.
The members of the advisory committee shall receive 'per diem, subsistence, and mileage provided by law for members of state boards, committees, and commissions to be paid from the approved accounts of the Senate and House.
At the conclusion of its study, the advisory committee shall issue its final report to the Joint Legislative Committee on Children. The Joint Legislative Committee on Children shall present the advisory committee's report, with recommendations for adoption, rejection, or modification, to the General Assembly, at which time the advisory committee is dissolved.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following was introduced:
H. 4158 -- Rep. L. Phillips: A CONCURRENT RESOLUTION CONGRATULATING THE GREER CITIZEN AND ITS STAFF FOR CONTINUED EXCELLENCE IN JOURNALISM, FOR HONORS RECENTLY GIVEN ITS STAFF MEMBERS, AND FOR THE NEWSPAPER'S BEING SELECTED FOR THE FIRST PLACE AWARD FOR GENERAL EXCELLENCE BY THE SOUTH CAROLINA PRESS ASSOCIATION, AND COMMENDING THE GREER CITIZEN FOR ITS OUTSTANDING SERVICE TO ITS MANY READERS AND THE COMMUNITY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4159 -- Reps. Baker, Clyborne, Baxley, Gentry and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 22-3-25 SO AS TO EXTEND TO MAGISTRATES JURISDICTION TO CONDUCT SUPPLEMENTAL PROCEEDINGS TO ENFORCE JUDGMENTS OBTAINED IN MAGISTRATES' COURTS.
Referred to Committee on Judiciary.
H. 4160 -- Reps. Blackwell, M.O. Alexander, Baker, Clyborne, Fair, Haskins, Mattos, L. Phillips, Rice and Wilkins: A BILL TO AMEND SECTION 7-7-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS AND POLLING PLACES IN GREENVILLE COUNTY, SO AS TO CHANGE THE POLLING PLACE FOR THE PARAMOUNT PRECINCT.
On motion of Rep. BLACKWELL, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4161 -- Reps. Lockemy, Burch and J. Bradley: A BILL TO PROVIDE THAT AN INSURANCE COMPANY IS OBLIGATED TO PAY THE EXPENSES OF A RENTAL CAR UNDER ANY POLICY PROVIDING FOR THOSE EXPENSES FOLLOWING AN AUTOMOBILE ACCIDENT UNTIL THE DELIVERY OF PAYMENT IN SETTLEMENT OF THE CLAIM FOR PROPERTY DAMAGE OR TWO DAYS AFTER THE PAYMENT IS MAILED OR FOR THE MAXIMUM TIME OR AMOUNT ALLOWED UNDER THE POLICY FOR PAYMENT OF THOSE EXPENSES, WHICHEVER OCCURS FIRST.
Referred to Committee on Labor, Commerce and Industry.
H. 4162 -- Reps. J. Bradley and Harvin: A BILL TO AMEND SECTION 8-11-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE EMPLOYEE PAYROLL DEDUCTIONS FOR INSURANCE, SO AS TO PROVIDE PAYROLL DEDUCTIONS FOR PROPERTY AND CASUALTY INSURANCE PLANS PRESENTLY IN FORCE.
Referred to Committee on Ways and Means.
H. 4163 -- Rep. Washington: A BILL TO AMEND SECTION 41-25-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA PRIVATE PERSONNEL PLACEMENT SERVICES ACT, SO AS TO EXPAND THE DEFINITIONS OF "PRIVATE PERSONNEL PLACEMENT SERVICE" AND "PLACEMENT FEE" TO INCLUDE THE DESCRIPTION OF ACTIVITIES WHICH WOULD BE SUBJECT TO,THE PROVISIONS OF CHAPTER 25 OF TITLE 41 (PRIVATE PERSONNEL PLACEMENT SERVICES ACT); AND TO AMEND THE 1976 CODE BY ADDING SECTION 41-25-55 SO AS TO REQUIRE A PRIVATE PERSONNEL PLACEMENT SERVICE TO STATE IN ITS ADVERTISING WHETHER IT GUARANTEES AN APPLICANT A JOB PLACEMENT OR NOT.
Referred to Committee on Labor, Commerce and Industry.
H. 4164 -- Rep. Foxworth: A BILL TO AMEND SECTIONS 27-3-40 AND 27-3-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIABILITY OF LANDOWNERS WHO PERMIT THE USE OF PROPERTY FOR RECREATIONAL PURPOSES, SO AS TO LIMIT THE LIABILITY WHETHER OR NOT THERE IS A CHARGE FOR THE USE.
Referred to Committee on Judiciary.
H. 4165 -- Rep. Aydlette: A BILL TO CREATE A COMMITTEE TO STUDY THE SPECIAL NEEDS FOR LEARNING DISABLED AND HANDICAPPED CHILDREN.
Referred to Committee on Education and Public Works.
H. 4166 -- Reps. J. Bradley and Day: A BILL TO AMEND SECTION 38-7-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSE FEES FOR INSURERS, SO AS TO PROVIDE THAT FOREIGN INSURANCE COMPANIES REINSURING CERTAIN INDIVIDUAL LIFE INSURANCE, ACCIDENT OR HEALTH INSURANCE, OR ANNUITY CONTRACTS ARE SUBJECT TO THESE LICENSE FEES; TO AMEND SECTION 38-7-20, RELATING TO INSURANCE PREMIUM TAXES, SO AS TO PROVIDE THAT PREMIUMS RECEIVED ON REINSURANCE BY FOREIGN INSURANCE COMPANIES ON CERTAIN INDIVIDUAL LIFE INSURANCE, ACCIDENT OR HEALTH INSURANCE, OR ANNUITY CONTRACTS ARE SUBJECT TO THESE PREMIUM TAXES; AND TO AMEND SECTION 38-25-150, RELATING TO EXEMPTIONS FROM PROVISIONS RELATING TO THE UNAUTHORIZED TRANSACTION OF INSURANCE BUSINESS; SECTION 38-63-640, RELATING TO EXEMPTIONS FROM PROVISIONS REGULATING LIFE INSURANCE POLICIES, SECTION 38-69-220, RELATING TO EXEMPTIONS FROM PROVISIONS REGULATING ANNUITIES; AND SECTION 38-71-100, RELATING TO EXEMPTIONS FROM PROVISIONS REGULATING ACCIDENT AND HEALTH INSURANCE: SO AS TO DELETE THE EXEMPTIONS PERTAINING TO REINSURANCE OF CERTAIN INDIVIDUAL POLICIES OR CONTRACTS.
Referred to Committee on Labor, Commerce and Industry.
H. 4167 -- Reps. Williams, Helmly and Koon: A BILL TO AMEND SECTION 50-11-750, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING FOXES IN GAME ZONE NO. 6, SO AS TO PROVIDE FOR THE RUNNING OF FOXES WITH DOGS IN A PRIVATE ENCLOSED TRAINING FACILITY.
Referred to Committee on Agriculture and Natural Resources.
H. 4168 -- Reps. Winstead and Holt: A BILL TO AMEND SECTION 12-21-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAX EXEMPTION OF CERTAIN ARTICLES SOLD TO THE UNITED STATES FOR MILITARY USE, AND TO AMEND SECTION 61-9-1270, RELATING TO THE SALE OF BEER AND WINE TO MILITARY ESTABLISHMENTS AND TAX EXEMPTIONS FOR THE SALE, SO AS TO CLARIFY WHEN THE EXEMPTIONS APPLY.
Referred to Committee on Ways and Means.
H. 4169 -- Rep. Felder: A BILL TO TRANSFER AUTHORITY TO LIMIT AND LEVY SCHOOL TAXES IN CALHOUN COUNTY FROM THE LEGISLATIVE DELEGATION AND GENERAL ASSEMBLY TO THE GOVERNING BODY OF THE COUNTY BEGINNING WITH SCHOOL YEAR 1988-89.
Without reference.
H. 4170 -- Rep. J. Bradley: A BILL TO AMEND CHAPTER 29 OF TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA LIFE AND ACCIDENT AND HEALTH INSURANCE GUARANTY ASSOCIATION BY ADDING SECTION 38-29-55 SO AS TO PROVIDE THAT HEALTH MAINTENANCE ORGANIZATIONS SHALL BECOME MEMBERS OF THE ASSOCIATION ON JULY 1, 1988, UNDER THOSE TERMS AND CONDITIONS AND WITH THOSE ASSESSMENTS AS THE CHIEF INSURANCE COMMISSIONER PRESCRIBES.
Referred to Committee on Labor, Commerce and Industry.
H. 4171 -- Rep. J. Bradley: A BILL TO AMEND SECTION 38-77-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRIVATE PASSENGER PHYSICAL DAMAGE INSURANCE COVERAGE BY DELETING PROVISIONS WHICH PERMIT AUTOMOBILE INSURERS TO REFUSE TO WRITE THIS COVERAGE AND PERMIT INSURERS TO CHARGE CERTAIN HIGHER RATES FOR THIS COVERAGE.
Referred to Committee on Labor, Commerce and Industry.
H. 4172 -- Reps. Edwards, Felder and Winstead: A BILL TO AMEND TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RETIREMENT SYSTEMS, BY ADDING CHAPTER 19 SO AS TO PROVIDE FOR AN OPTIONAL RETIREMENT PROGRAM FOR PUBLICLY-SUPPORTED FOUR-YEAR AND POSTGRADUATE INSTITUTIONS OF HIGHER EDUCATION.
Referred to Committee on Ways and Means.
H. 4173 -- Rep. Fair: A BILL TO AMEND SECTION 12-21-2710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITED COIN-OPERATED MACHINES AND DEVICES PERTAINING TO GAMES OF CHANCE, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS.
Referred to Committee on Judiciary.
H. 4174 -- Reps. Pettigrew, Baxley, Haskins and J.C. Johnson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-746 SO AS TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO SUSPEND THE DRIVER'S LICENSE OF ANY PERSON UNDER THE AGE OF EIGHTEEN CONVICTED OF NARCOTICS AND CONTROLLED SUBSTANCE OFFENSES OR ADJUDICATED DELINQUENT ON A PETITION ALLEGING FACTS CONSTITUTING VIOLATIONS OF NARCOTICS AND CONTROLLED SUBSTANCE OFFENSES UNTIL THE PERSON'S EIGHTEENTH BIRTHDAY, TO PROVIDE THAT SUCH PERSONS WHO AT THE TIME OF CONVICTION OR ADJUDICATION ARE NOT LICENSED, ARE NOT ELIGIBLE TO APPLY FOR A DRIVER'S LICENSE UNTIL THEIR EIGHTEENTH BIRTHDAY, AND TO AMEND THE 1976 CODE BY ADDING SECTION 44-53-671 SO AS TO REQUIRE THE CLERK OF ANY COURT IN WHICH CONVICTIONS OR DELINQUENCY ADJUDICATIONS ARE OBTAINED FOR VIOLATIONS OF NARCOTICS AND CONTROLLED SUBSTANCE OFFENSES TO REPORT THE CONVICTION OR ADJUDICATION OF ANY PERSON UNDER EIGHTEEN YEARS OF AGE TO THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.
Referred to Committee on Judiciary.
H. 4175 -- Rep. Pearce: A BILL TO AMEND SECTIONS 49-1-50, 50-23-10, 50-23-30, 50-23-60, 50-23-120, 50-23- 170, 50-23-200, 50-23-205, 50-23-270, AND 50-23-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TITLING OF WATERCRAFT AND OUTBOARD MOTORS, SO AS TO DELETE BOATS AND OTHER WATERCRAFT FROM PROVISIONS REGULATING MATERIALS FOUND DRIFTING, TO CHANGE THE DEFINITION OF "VESSEL", REDEFINE "DEALER", AND TO DEFINE "MARINE DEALER'' AND "MARINA", TO EXEMPT COMMERCIAL BARGES AND WATERCRAFT PROPELLED EXCLUSIVELY BY HUMAN POWER OR WITH OARS, PADDLES, OR SIMILAR DEVICES FROM TITLING REQUIREMENTS, TO CHANGE PROCEDURES FOR APPLYING FOR A TITLE CERTIFICATE SO AS TO PROVIDE FOR APPLICATION FOR DUPLICATE CERTIFICATES, TO DEFINE "HOMEMADE WATERCRAFT OR OUTBOARD MOTOR", TO PROVIDE THAT IT IS UNLAWFUL TO DEAL WITH A WATERCRAFT OR OUTBOARD MOTOR BY A PERSON WHO HAS REASON TO BELIEVE IT IS STOLEN, TO PROVIDE FOR DISPOSAL OF STOLEN, ABANDONED, JUNKED, ADRIFT, DESTROYED, OR SALVAGED WATERCRAFT OR OUTBOARD MOTORS, AND TO INCREASE PENALTIES FOR VIOLATIONS; TO AMEND THE 1976 CODE BY ADDING SECTIONS 50-23-135, 50-23-185, AND 50-23-275 SO AS TO PROVIDE FOR TITLING ABANDONED, JUNKED, ADRIFT, AND SALVAGED WATERCRAFT OR OUTBOARD MOTORS AND FOR THE INSPECTION OF FACILITIES INVOLVED WITH WATERCRAFT AND OUTBOARD MOTORS.
Referred to Committee on Agriculture and Natural Resources.
H. 4176 -- Rep. Pearce: A BILL TO AMEND SECTIONS 50-13-210 AND 50-13-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREEL LIMITS, SO AS TO PROVIDE THAT NO MORE THAN FIVE STRIPED BASS OR ROCKFISH MAY BE TAKEN ON ANY ONE DAY FROM SPECIFIED WATERS AND THAT THE NUMBER TAKEN MUST BE CONSIDERED IN THE LAWFUL TOTAL OF A COMBINATION OF GAME FISH.
Referred to Committee on Agriculture and Natural Resources.
H. 4177 -- Rep. Pearce: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-3-75 SO AS TO DEFINE THE POWERS AND DUTIES OF THE SOUTH CAROLINA WILDLIFE AND MARINE RESOURCES DEPARTMENT.
Referred to Committee on Agriculture and Natural Resources.
H. 4178 -- Rep. McLellan: A JOINT RESOLUTION TO EXEMPT THE STATE AUDITOR UNTIL JUNE 30, 1988, FROM THE PROVISIONS OF PARAGRAPH 129.22 OF PART I OF ACT 170 OF 1987, RELATING TO EMPLOYER CONTRIBUTION COSTS.
Referred to Committee on Ways and Means.
Rep. J. BRADLEY moved to reconsider the vote whereby debate was adjourned on the Senate Amendments to the following Bill, which was agreed to.
H. 2501 -- Rep. Ogburn: A BILL TO AMEND SECTION 38-51-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSES REQUIRED OF INSURANCE AGENTS AND EXCEPTIONS THERETO SO AS TO PERMIT A QUALIFIED LIFE, HEALTH, OR GROUP INSURANCE AGENT TO PRESENT A PROPOSAL FOR INSURANCE ON BEHALF OF AN INSURER FOR WHICH THE AGENT IS NOT SPECIFICALLY LICENSED UNDER CERTAIN CONDITIONS.
Rep. J. BRADLEY moved to reconsider the vote whereby debate was adjourned on the Senate Amendments to the following Bill, which was agreed to.
H. 3401 -- Reps. Boan and J.W. McLeod: A BILL TO AMEND SECTION 38-63-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INCONTESTABILITY OF INDIVIDUAL LIFE INSURANCE POLICIES AND EXCEPTIONS THERETO, SO AS TO PROVIDE FOR THE REQUIRED CONTENTS OF THESE POLICIES; TO AMEND ARTICLE 1, CHAPTER 63, TITLE 38, RELATING TO INDIVIDUAL LIFE INSURANCE POLICIES, BY ADDING SECTION 38-63-60 SO AS TO DEFINE WHAT CONSTITUTES "INDUSTRIAL LIFE INSURANCE" AND TO PROVIDE THAT NO POLICY OF LIFE INSURANCE DELIVERED OR ISSUED FOR DELIVERY IN SOUTH CAROLINA MAY USE INDUSTRIAL MORTALITY TABLES UNLESS THE POLICY IS AN INDUSTRIAL LIFE INSURANCE POLICY; TO AMEND ARTICLE 1, CHAPTER 63, TITLE 38, RELATING TO INDIVIDUAL LIFE INSURANCE POLICIES, BY ADDING SECTION 38-63-80 SO AS TO PROVIDE THAT WHEN AN INDIVIDUAL LIFE INSURANCE POLICY PROVIDES FOR PAYMENT OF ITS PROCEEDS IN A LUMP SUM UPON THE DEATH OF THE INSURED AND THE INSURER FAILS TO PAY THE PROCEEDS WITHIN THIRTY DAYS OF SUBMISSION OF PROOF OF DEATH, THE PAYMENT SHALL INCLUDE INTEREST AT THE LEGAL RATE OF INTEREST FROM THE DATE OF DEATH OF THE INSURED UNTIL THE DATE THE CLAIM IS PAID; TO AMEND ARTICLE 3, CHAPTER 63, TITLE 38, RELATING TO INDIVIDUAL LIFE INSURANCE, BY ADDING SECTION 38-63-225 SO AS TO REGULATE THE USE OF CERTAIN SUICIDE AND DEATH EXCLUSIONS AND RESTRICTIONS IN THESE POLICIES; AND TO REPEAL SECTION 38-63-230 RELATING TO LIMITATIONS ON PROCEEDINGS TO CONTEST LIFE INSURANCE POLICIES.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Bennett Blackwell Blanding Bradley, J. Bradley, P. Brown, G. Brown, H. Brown, J. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Cork Dangerfield Davenport Day Edwards Faber Fair Ferguson Foster Foxworth Gilbert Gordon Harris, J. Harris, P. Harvin Haskins Hayes Hearn Hendricks Hodges Holt Huff Johnson, J.C. Jones Kay Keyserling Kirsh Klapman Koon Lanford Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McGinnis McKay McLellan McLeod, E.B. McLeod, J.W. McTeer Nesbitt Nettles Pearce Pettigrew Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Simpson Stoddard Sturkie Taylor Thrailkill Townsend Washington Wells Whipper White Wilder Wilkins Williams Winstead
I came in after the roll call and was present for the Session on April 14, 1988.
Alva Humphries James W. Johnson, Jr. Paul Short Donna Moss Denny W. Neilson Larry Gentry William D. Boan Dave C. Waldrop, Jr. Paul M. Burch John Snow Paul Derrick Roland S. Corning Joseph McElveen Crosby Lewis Dick Elliott Robert A. Kohn
STATEMENTS OF ATTENDANCE
Rep. McELVEEN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Sessions on Tuesday, March 29, 1988, and Wednesday, March 30, 1988.
Rep. McELVEEN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Thursday, April 7, 1988.
Reps. LOCKEMY and McELVEEN signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Wednesday, April 13, 1988.
The SPEAKER granted Rep. TUCKER a leave of absence for the day.
Announcement was made that Dr. G.B. Hodge of Spartanburg is the Doctor of the Day for the General Assembly.
The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate.
H. 4131 -- Reps. Blanding, E.B. McLeod, G. Brown, Baxley and McElveen: A BILL TO AMEND ACT 149 OF 1965, CREATING THE DALZELL WATER DISTRICT OF SUMTER COUNTY, SO AS TO ENLARGE THE SERVICE AREA OF THE DISTRICT.
H. 3878 - - Rep. R. Brown: A BILL TO AMEND SECTION 50-11-2210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HUNTING OF WILD TURKEYS, SO as TO PROHIBIT THE SHOOTING OF WILD TURKEYS FROM A VEHICLE ON A PUBLIC ROAD.
H. 3879 -- Rep. R. Brown: A BILL TO AMEND SECTION 50-11-2210, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE FOR THE TAGGING AND BAGGING OF ANY WILD TURKEY KILLED AND FOR THE DAILY BAG LIMIT.
H. 3842 -- Reps. Rudnick and Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 29-3-321, SO AS TO PROVIDE THAT WHEN A MORTGAGEE OR ASSIGNEE OF A MORTGAGE IS A FINANCIAL INSTITUTION, IT IS RESPONSIBLE FOR RECORDING THE SATISFACTION OR CANCELLATION OF THE MORTGAGE IT HOLDS.
H. 3779 -- Rep. Wilkins: A BILL TO AMEND SECTION 20-7-600, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAKING A CHILD INTO CUSTODY, SO AS TO CHANGE THE REFERENCES TO THE DEPARTMENT OF JUVENILE PLACEMENT AND AFTERCARE TO THE DEPARTMENT OF YOUTH SERVICES AND THE REFERENCE TO FELONY TO VIOLENT CRIME.
H. 3772 -- Reps. Winstead, Aydlette, Felder, J. Bradley and Derrick: A BILL TO AMEND SECTION 61-3-1000, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STRUCTURAL AND OTHER REQUIREMENTS FOR RETAIL LIQUOR STORES, SO AS TO PROVIDE THAT ONE ADDITIONAL DOOR, NOT AT THE FRONT OF THE STORE, IS ALLOWED AT THE DISCRETION OF THE RETAIL DEALER.
H. 3837 -- Reps. McEachin, McKay, Nettles, Gilbert and J.W. McLeod: A BILL TO AMEND SECTION 29-3-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENTRY OF MORTGAGE SATISFACTIONS UPON THE MORTGAGE INDEXES BY THE REGISTER OF MESNE CONVEYANCES OR THE CLERK OF COURT, SO AS TO PROVIDE THAT IN LIEU OF THE REQUIREMENT THAT THE WORD "CANCELED" TOGETHER WITH THE SIGNATURE OF THE REGISTER OF MESNE CONVEYANCES OR CLERK OF COURT BE ENTERED IN THE INDEXES, THE REGISTER OF MESNE CONVEYANCES OR CLERK OF COURT MAY,INSERT AN APPROPRIATE COLUMN ON THE SAME PAGE IN THESE INDEXES SHOWING THE BOOK AND PAGE NUMBER, IF ANY, OF THE SATISFACTION OR CANCELLATION.
H. 3988 -- Reps. Clyborne, Haskins and Lanford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-7-175 SO AS TO AUTHORIZE THE ISSUANCE OF A SUBPOENA DUCES TECUM BY A CORONER IN DEATH INVESTIGATIONS, AND TO PROVIDE CONTEMPT PENALTIES FOR VIOLATION.
H. 3482 -- Rep. J. Bradley: A BILL TO AMEND ARTICLE 1, CHAPTER 11, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL PURPOSE DISTRICTS AND PUBLIC SERVICE DISTRICTS, BY ADDING SECTION 6-11-310 SO AS TO PROVIDE THAT THESE DISTRICTS, NOT OTHERWISE EMPOWERED TO CONDEMN BY LAW, ARE GRANTED THE POWER OF EMINENT DOMAIN AND FOR THIS PURPOSE ARE CONSIDERED TO BE "CONDEMNORS" WITHIN THE MEANING OF THE SOUTH CAROLINA EMINENT DOMAIN PROCEDURE ACT.
H. 3816 -- Rep. Wilkins: A BILL TO AMEND SECTION 23-4-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO CRIMINAL JUSTICE COMMITTEES AND PROGRAMS, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 23-4-110, RELATING TO THE GOVERNOR'S COMMITTEE ON CRIMINAL JUSTICE, CRIME, AND DELINQUENCY, SO AS TO REVISE THE MEMBERSHIP OF THE COMMITTEE AND THE APPOINTMENT PROCESS TO AND SUPPORT STAFF OF THE COMMITTEE; TO AMEND SECTION 23-4-120, RELATING TO THE DUTIES OF THIS COMMITTEE, SO AS TO REVISE THESE DUTIES; TO AMEND SECTION 23-4-130, RELATING TO THE REPORTS OF THIS COMMITTEE, SO AS TO REVISE ITS REPORTING REQUIREMENTS; AND TO AMEND SECTION 23-4-140, RELATING TO MEETINGS, QUORUMS, AND PROXIES OF THE COMMITTEE, SO AS TO REVISE HOW MEMBERS MAY BE REPRESENTED BY PROXY AT MEETINGS OF THE COMMITTEE.
H. 3764 -- Reps. J.W. McLeod, J. Bradley and Kohn: A BILL TO AMEND SECTIONS 38-39-20 AND 38-39-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE PREMIUM SERVICE BUSINESS SO AS TO INCREASE THE LICENSE FEE FOR A PERSON ENGAGING IN THE INSURANCE PREMIUM SERVICE BUSINESS FROM FIVE HUNDRED DOLLARS TO ONE THOUSAND DOLLARS AND TO PROVIDE NET WORTH REQUIREMENTS OF ONE HUNDRED THOUSAND DOLLARS OF LICENSEES AND TO ALLOW PRESENT LICENSEES FIVE YEARS TO INCREASE THEIR NET WORTH TO ONE HUNDRED THOUSAND DOLLARS UPON POSTING A FIDELITY BOND OR PROVING FINANCIAL RESPONSIBILITY OF FIFTY THOUSAND DOLLARS.
H. 3669 -- Reps. Sharpe, Huff and Jones: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 52-7-145, 52-7-75, AND 52-7-160 SO AS TO EXEMPT MEMBERS OF THE STATE ATHLETIC COMMISSION, ITS COMMITTEES, OFFICIALS, REFEREES, INSPECTORS, AGENTS, AND EMPLOYEES FROM LIABILITY FOR ACTS PERFORMED IN THE COURSE OF OFFICIAL DUTIES, OR FOR THE HEALTH AND SAFETY OF PARTICIPANTS AND SPECTATORS, TO PROVIDE FOR THE DENIAL OR APPROVAL OF PERMITS FOR THE HOLDING OF EVENTS WHEN THE APPLICATIONS ARE LATE, AND TO PROVIDE THAT STATE-OWNED BUILDINGS MAY BE USED FOR ATHLETIC EVENTS WHEN THE EVENTS ARE HELD UNDER THE JURISDICTION OF NATIONALLY-RECOGNIZED ORGANIZATIONS OR APPROVED BY THEM AND THE STATE ATHLETIC COMMISSION.
H. 3820 -- Rep. Aydlette: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-43-205 SO AS TO ALLOW INSURANCE AGENTS CONDITIONALLY TO SPLIT A COMMISSION ON THE COOPERATIVE SALE OF A POLICY OF INSURANCE EVEN THOUGH ONLY ONE OF THE AGENTS WAS LICENSED FOR THE INSURER WHOSE POLICY OF INSURANCE WAS THE POLICY SOLD.
H. 4069 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO UNIFORM CLASSIFICATION AND TERRITORIAL PLANS - AUTOMOBILE, DESIGNATED AS REGULATION DOCUMENT NUMBER 938, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4070 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO AUTOMOBILE INSURANCE CREDIT AND DISCOUNT PLANS, DESIGNATED AS REGULATION DOCUMENT NUMBER 939, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4071 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 58-23-910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE CARRIERS AND THE INSURANCE OR BOND REQUIRED OF CERTIFICATE HOLDERS GENERALLY, SO AS TO PROVIDE THAT THE PUBLIC SERVICE COMMISSION SHALL, IN THE GRANTING OF A CERTIFICATE, REQUIRE THE APPLICANT TO PROCURE AND FILE EITHER LIABILITY AND PROPERTY DAMAGE INSURANCE, A SURETY BOND, OR A CERTIFICATE OF SELF-INSURANCE, RATHER THAN LIABILITY AND PROPERTY DAMAGE INSURANCE OR A SURETY BOND ONLY, AND TO PROVIDE THAT THE POLICY OF INSURANCE, THE SURETY BOND, OR THE CERTIFICATE OF SELF-INSURANCE MUST CONTAIN SUCH CONDITIONS, PROVISIONS, AND LIMITATIONS AS THE COMMISSION MAY PRESCRIBE.
H. 3895 -- Reps. Wilkins, H. Brown, McElveen, Baxley, Huff, Corning, Rudnick, Clyborne, Haskins, Arthur, Gentry, Tucker, Hendricks, Short and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 33-49-680 SO AS TO PROVIDE FOR INDEMNIFICATION IN CIVIL AND CRIMINAL ACTIONS AGAINST EXPENSES AND OTHER PAYMENTS BY OFFICERS, TRUSTEES, EMPLOYEES, OR AGENTS OF RURAL ELECTRIC COOPERATIVES.
The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments.
S. 1178 -- Finance Committee: A BILL TO AMEND SECTIONS 9-11-60 AND 9-11-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CALCULATION OF RETIREMENT ALLOWANCES AND YEARS OF SERVICE REQUIRED FOR RETIREMENT ELIGIBILITY FOR MEMBERS OF THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO INCREASE FROM ONE AND THREE-FOURTHS TO TWO PERCENT THE FRACTION USED IN CALCULATING RETIREMENT ALLOWANCES AND TO REDUCE FROM THIRTY TO TWENTY-FIVE YEARS THE YEARS OF SERVICE NECESSARY TO RETIRE AT ANY AGE WITHOUT PENALTY, TO MAKE THE PROVISIONS OF THIS ACT EFFECTIVE FOR MEMBERS RETIRING AFTER JUNE 30, 1988, TO DELETE PROVISIONS RELATING TO REDUCTION OF BENEFITS FOR MEMBERS WITH TWENTY-FIVE YEARS' SERVICE RETIRING BEFORE AGE FIFTY-FIVE, AND TO PROVIDE FOR INCREASES IN EMPLOYER AND EMPLOYEE CONTRIBUTIONS TO COVER THE ACTUARIAL COST OF THE ADDITIONAL BENEFITS.
S. 236 -- Senators Applegate, Drummond, Giese, Hinson, Macaulay, Pope, Shealy, Thomas E. Smith, Jr., Thomas and Wilson: A BILL TO AMEND SECTION 36-1-105, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION OF THE UNIFORM COMMERCIAL CODE, SO AS TO FURTHER PROVIDE FOR THIS APPLICATION; TO AMEND SECTION 36-1-201, RELATING TO DEFINITIONS UNDER THE UNIFORM COMMERCIAL CODE, SO AS TO REVISE THE DEFINITIONS OF "BUYER IN ORDINARY COURSE OF BUSINESS" AND "SECURITY INTEREST"; TO AMEND SECTION 36-2-107, RELATING TO GOODS TO BE SEVERED FROM REALTY, SO AS TO PROVIDE THAT TIMBER SHALL BE TREATED AS GOODS INSTEAD OF REAL ESTATE UNDER THE SECTION; TO AMEND SECTION 36-5-116, RELATING TO TRANSFER AND ASSIGNMENT, SO AS TO INCLUDE CONTRACT RIGHTS IN THE DEFINITION OF AN ACCOUNT; TO AMEND CHAPTER 9 OF TITLE 36, RELATING TO SECURED TRANSACTIONS, SO AS TO REVISE THE PROVISIONS OF THE CHAPTER; TO AMEND CHAPTER 10 OF TITLE 36, RELATING TO THE EFFECTIVE DATE OF THE UNIFORM COMMERCIAL CODE, SO AS TO FURTHER PROVIDE FOR THE EFFECTIVE DATE OF THE INITIALLY ENACTED UNIFORM COMMERCIAL CODE; TO AMEND TITLE 36 BY ADDING CHAPTER 11 SO AS TO PROVIDE TRANSITION PROVISIONS FOR AND THE EFFECTIVE DATE OF THE AMENDMENTS TO THE UNIFORM COMMERCIAL CODE AS CONTAINED IN THIS ACT; TO AMEND SECTIONS 15-3-520, 29-3-310, 29-3-330, 29-3-340, 29-3-350, 29-3-360, 29-3-390, 29-3-400, 29-3-470, 30-5-30, 30-7-10, 30-7-60, 30-7-70, 30-7-80, 30-9-30, 30-9-40, AND 30-11-20 SO AS TO FURTHER PROVIDE FOR THESE SECTIONS IN CONJUNCTION WITH THE AMENDMENTS TO THE UNIFORM COMMERCIAL CODE AS CONTAINED HEREIN; AND TO REPEAL SECTIONS 27-23-80, 27-39-50, 27-39-260, 30-5-160, 30-5-170, 33-9-130, 56-19-640, AND 56-19-690 OF THE 1976 CODE AND SECTIONS 8-181 THROUGH 8-200, 8-211 THROUGH 8-215, 8-801 THROUGH 8-1076, 8-1081 THROUGH 8-1108, 11-103, 11-201 THROUGH 11-206, 12-17.1 THROUGH 12-17.25, 27-56.1, 27-61.1, 27-62, 27-63, 27-64, 27-64.1, 27-64.2, 27-65, 27-66.1, 45-151, 45-152, 45-158, 45-161, 45-162, 45-163, 45-164, 45-201 THROUGH 45-211, 45-401 THROUGH 45-410, 60-64.1, 60-301, 60-302, 60-302.1, 60-303, 60-304, 60-305, 60-306, 60-306.1, 60-307, 60-308, 60-309, 60-310, AND 60-311 OF THE 1962 CODE.
S. 583 -- Senator Shealy: A BILL TO AMEND SECTION 14-7-870, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCEDURES APPLICABLE TO EXCUSED JURORS, SO AS TO REVISE THE PROCEDURE FOR PLACING AN EXCUSED JUROR ON THE PANEL OF A TERM OF COURT.
The following Bills and Joint Resolutions were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.
S. 1225 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, RELATING TO MEDICAID: ELIGIBILITY FOR THE MEDICAL ASSISTANCE PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 952, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 1226 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF MEDICAL EXAMINERS, RELATING TO FLEX EXAM AND LICENSURE BY ENDORSEMENT, DESIGNATED AS REGULATION DOCUMENT NUMBER 877, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 1228 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, RELATING TO MEDICAID ELIGIBILITY, DESIGNATED AS REGULATION DOCUMENT NUMBER 913, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 1139 -- Senators Holland, Matthews, Wilson, Moore, McLeod, Bryan and Mitchell: A BILL TO AMEND SECTION 14-7-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PREPARATION OF JURY LISTS IN THE CIRCUIT COURT, SO AS TO REVISE THE PROCEDURES FOR JURY SELECTION BY INCLUDING OTHERWISE ELIGIBLE LICENSED DRIVERS AND IDENTIFICATION CARDHOLDERS AND TO MAKE THE PROVISIONS EFFECTIVE UPON RATIFICATION OF A CONSTITUTIONAL AMENDMENT PERMITTING THEM.
S. 1136 -- senators Drummond and Thomas E. Smith, Jr.: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-21-300 TO ARTICLE 3, CHAPTER 21, TITLE 24, SO AS TO PROVIDE FOR THE ISSUANCE OF A CITATION AND AFFIDAVIT INSTEAD OF A WARRANT DURING A PERIOD OF SUPERVISION WHEN A PROBATIONER, PAROLEE, OR ANY PERSON RELEASED OR FURLOUGHED UNDER THE PRISON OVERCROWDING POWERS ACT VIOLATES THE CONDITIONS OF HIS RELEASE OR SUSPENDED SENTENCE.
S. 1107 -- senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-3-396 SO AS TO PROVIDE THAT THE OFFICIAL SUMMONS USED BY CONSERVATION OFFICERS OF THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES MAY BE USED TO CITE OFFENDERS FOR VIOLATIONS OF SECTION 16-11-700 RELATING TO LITTERING.
S. 1117 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-146 SO AS TO PROHIBIT THE DISCHARGE OF FIREARMS AT A PUBLIC BOAT LANDING OR RAMP AND TO PROVIDE PENALTIES.
S. 969 -- Senator Lee: A BILL TO AMEND SECTION 16-23-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES INVOLVING PISTOLS, PENALTIES, DISPOSITION OF FINES, AND THE FORFEITURE AND DISPOSITION OF PISTOLS, SO AS TO ALLOW LAW ENFORCEMENT AGENCIES THAT RECEIVE CONFISCATED PISTOLS TO TRADE THEM WITH A RETAIL DEALER FOR A PISTOL OR ANY OTHER EQUIPMENT APPROVED BY THE AGENCY; AND TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE VIOLATIONS OF ARTICLE 1, CHAPTER 23, TITLE 16 RELATING TO OFFENSES INVOLVING PISTOLS, WITH THE EXCEPTION OF SECTION 16-23-20.
Rep. TOWNSEND moved to adjourn debate upon the following Bill until Thursday, April 21, which was adopted.
S. 640 -- Senator Garrison: A BILL TO AMEND SECTION 59-30-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE STATE BOARD OF EDUCATION CONCERNING THE BASIC SKILLS ASSESSMENT PROGRAM, SO AS TO PROVIDE FOR THE SCHEDULE FOR TAKING THE EXIT EXAMINATION AND TO PROVIDE FOR A SPECIAL DIPLOMA FOR HANDICAPPED STUDENTS.
Rep. L. PHILLIPS moved to adjourn debate upon the following Bill until Wednesday, April 20, which was adopted.
H. 2785 -- Reps. Fair, corning and Waldrop: A BILL TO AMEND ARTICLE 1 OF CHAPTER 19 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHOOL TRUSTEES AND GENERAL PROVISIONS, BY ADDING SECTION 59-19-91 SO AS TO AUTHORIZE THE BOARD OF TRUSTEES OF ANY SCHOOL DISTRICT IN THE STATE TO CHARGE REASONABLE MATRICULATION AND INCIDENTAL FEES, INCLUDING SCHOOL MATERIALS, SCHOOL EQUIPMENT, SCHOOL SERVICES, AND RELATED SCHOOL USER FEES, TO THE STUDENTS OF ITS DISTRICT, INCLUDING ALSO FEES OR THE USE OF BOOKS OTHER THAN BASAL TEXTBOOKS, AND TO PROVIDE THAT THE FEES OR CHARGES AUTHORIZED BY THIS SECTION ARE SUBJECT TO CERTAIN CONDITIONS, INCLUDING THE PROVISION THAT STUDENTS WHO DEMONSTRATE, OR WHOSE PARENTS OR LEGAL GUARDIANS DEMONSTRATE, A FINANCIAL INABILITY TO PAY THE FEES OR CHARGES ARE EXEMPTED FROM THE PAYMENT THEREOF; AND TO REPEAL ITEM (8) OF SECTION 59-19-90 RELATING TO THE POWER OF SCHOOL TRUSTEES TO CHARGE AND COLLECT MATRICULATION AND INCIDENTAL FEES FROM PUPILS WHEN ALLOWED BY ANY SPECIAL ACT OF THE GENERAL ASSEMBLY.
The following Bill was taken up.
H. 3677 -- Reps. Klapman, Sturkie, Sharpe and Derrick: A BILL TO AMEND CHAPTER 53, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 20 SO AS TO CREATE THE MIDLANDS TECHNICAL COLLEGE COMMISSION, TO DEFINE THE FUNCTIONS, POWERS, AND DUTIES OF THE COMMISSION, TO PROVIDE FOR THE TRANSFER OF ASSETS AND LIABILITIES AND THE CONTINUED OPERATION OF MIDLANDS TECHNICAL COLLEGE, AND TO REPEAL ARTICLE 19, CHAPTER 53, TITLE 59 OF THE 1976 CODE, RELATING TO THE RICHLAND-LEXINGTON COUNTIES COMMISSION FOR TECHNICAL EDUCATION.
Rep. BEASLEY explained the Bill.
Reps. T. ROGERS, FABER, M.D. BURRISS, TAYLOR and McBRIDE objected to the Bill.
Rep. J. BRADLEY moved to adjourn debate upon the following Bill until Tuesday, April 19, which was adopted.
H. 3477 -- Reps. J. Bradley, Kohn and Mappus: A BILL TO AMEND ARTICLE 1, CHAPTER 11, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL PURPOSE OR PUBLIC SERVICE DISTRICTS BY ADDING SECTION 6-11-295 SO AS TO PROVIDE THAT VIOLATIONS OF ORDINANCES OR REGULATIONS OF THESE DISTRICTS RELATING TO GARBAGE OR TRASH COLLECTION ARE UNLAWFUL AND TO PROVIDE PENALTIES FOR THESE VIOLATIONS.
The following Joint Resolution was taken up.
H. 4072 -- Reps. Sheheen and Wilkins: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1 OF ARTICLE XVI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO AMENDMENT AND REVISION OF THE CONSTITUTION, SO AS TO PROVIDE THAT PROPOSALS MAY BE MADE FOR THE GENERAL ELECTION YEARS 1990 AND 1992 FOR THE REVISION OF AN ENTIRE ARTICLE OR THE ADDITION OF A NEW ARTICLE IN A SINGLE AMENDMENT PROPOSAL, WHICH PROPOSAL MAY CHANGE PROVISIONS FROM OTHER ARTICLES IN CERTAIN CIRCUMSTANCES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Section 1 of Article XVI of the Constitution of this State be amended to read:
"Section 1. Any amendment or amendments to this Constitution may be proposed in the Senate or House of Representatives;. provided, however, that However, for the general elections in 1970, 1972, 1974, 1976, 1978, 1980, 1982, 1986, and 1988 1990, and 1992 revision of an entire article or the addition of a new article may be proposed as a single amendment with only one question being required to be submitted to the electors. The amendment may delete, revise, and transpose provisions from other articles of the Constitution provided the provisions are germane to the subject matter of the article being revised or being proposed. If the same it is agreed to by two-thirds of the members elected to each House, the amendment or amendments shall must be entered on the Journals respectively, with the yeas and nays taken thereon on it; and the same shall must be submitted to the qualified electors of the State, at the next general election thereafter for Representatives;. and if If a majority of the electors qualified to vote for members of the General Assembly voting thereon on the question, shall vote in favor of the amendment or amendments, and a majority of each branch of the next General Assembly shall, after the election, and before another, ratify the amendment or amendments, by yeas and nays, they shall become part of the Constitution. The amendment or amendments shall must have been be read three times, on three several days, in each House."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 1 of Article XVI of the Constitution be amended so as to provide that proposals may be made for the general election years 1990 and 1992 for the revision of an entire article or the addition of a new article in a single amendment with only one question being required to be voted on and to allow constitutional provisions from other articles to be changed if the provisions relate to the subject matter of the article being revised or proposed?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Bennett Blackwell Blanding Boan Bradley, J. Bradley, P. Brown, G. Brown, H. Burriss, J.H. Burriss, M.D. Burriss, T.M. Chamblee Clyborne Cole Cooper Cork Dangerfield Davenport Day Edwards Faber Fair Ferguson Foster Gentry Gordon Harris, J. Harris, P. Harvin Haskins Hayes Hendricks Hodges Holt Huff Humphries Johnson, J.W. Jones Kay Keyserling Kirsh Koon Lanford Lockemy Mappus Martin, D. Martin, L. Mattos McBride McCain McEachin McElveen McGinnis McKay McLellan McLeod, E.B. McTeer Moss Neilson Nesbitt Pearce Pettigrew Petty Phillips, L. Phillips, O. Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Short Simpson Stoddard Sturkie Taylor Thrailkill Townsend Washington Wells Whipper White Wilder Wilkins Winstead
Those who voted in the negative are:
So, the Joint Resolution having received the necessary two-thirds vote was passed and ordered to third reading.
Rep. WILKINS moved to adjourn debate upon the following Bill until Tuesday, April 19, which was adopted.
S. 756 -- Senators Drummond and Thomas: A BILL TO AMEND SECTION 16-11-700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF LITTERING, SO AS TO INCREASE THE PENALTIES; AND TO AMEND THE 1976 CODE BY ADDING SECTION 24-13-65 SO AS TO REQUIRE THE STATE DEPARTMENT OF CORRECTIONS TO PROVIDE PERSONS NOT CONVICTED OF VIOLENT CRIMES AND NOT OTHERWISE WORKING TO WORK ON LITTER CONTROL PROJECTS SELECTED BY LOCAL GOVERNMENTS.
The following Bill was taken up.
S. 1288 -- Senator Doar: A BILL TO AMEND SECTIONS 54-15-10 AND 54-15-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSIONERS OF PILOTAGE FOR THE PORTS OF GEORGETOWN, LITTLE RIVER, AND PORT ROYAL, SO AS TO DELETE THE REQUIREMENT THAT THEY BE APPOINTED IN FEBRUARY OF ODD-NUMBERED YEARS AND TO PROVIDE THAT THE EXECUTIVE DIRECTOR OF THE PORT OF GEORGETOWN IS A MEMBER EX OFFICIO OF THE COMMISSIONERS OF PILOTAGE OF GEORGETOWN.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 2836J), which was adopted.
Amend the bill, as and if amended, by striking Section 2 and inserting:
/SECTION 2. Section 54-15-20 of the 1976 Code is amended to read:
"Section 54-15-20. The commissioners of pilotage of Little River shall consist of three persons, two of whom shall be are or shall have been seafaring men and one of whom shall be is a full branch pilot of the port to which he belongs of Little River.
The commissioners of pilotage of Georgetown shall consist of six persons appointed as provided by Section 54-15-10, two of whom shall be are or shall have been seafaring men. The director of the Port of Georgetown is a member ex officio.
The commissioners of pilotage of Port Royal shall consist of five persons. They shall have jurisdiction over St. Helena, Port Royal, and all entrances to the southward Calibogue Sound, and the South Carolina side of the Savannah River."/
Amend title to conform.
Rep. L. MARTIN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. M.D. BURRISS moved to adjourn debate upon the following Bill until Tuesday, April 19, which was adopted.
H. 3464 -- Rep. Petty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-6-155 SO AS TO REQUIRE EACH LICENSED AUCTIONEER TO ESTABLISH A PERSONAL PROPERTY TRUST FUND IN WHICH ALL MONIES BELONGING TO ANOTHER WHICH COME INTO HIS POSSESSION THROUGH AN AUCTION SALE MUST BE DEPOSITED.
Rep. BLANDING moved to adjourn debate upon the following Bill until Tuesday, April 19, which was adopted.
H. 3963 -- Reps. J.W. McLeod and R. Brown: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 58 SO AS TO REQUIRE REGISTRATION OF MORTGAGE LOAN BROKERS.
Rep. BLANDING moved to adjourn debate upon the following Bill until Tuesday, April 19, which was adopted.
H. 4020 -- Reps. J.W. McLeod and McEachin: A BILL TO AMEND SECTIONS 37-3-109 AND 37-3-202, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAXIMUM CHARGES UNDER THE CONSUMER PROTECTION CODE, SO AS TO EXCLUDE FEES AND CHARGES PAID TO PERSONS REGISTERED AS MORTGAGE LOAN BROKERS FROM THE DEFINITION OF "LOAN FINANCE CHARGE" AND TO ALLOW AS AN ADDITIONAL CHARGE IN CONNECTION WITH A CONSUMER LOAN FEES AND CHARGES PAID TO PERSONS REGISTERED AS MORTGAGE LOAN BROKERS.
H. 3416--DEBATE ADJOURNED
Rep. J. BRADLEY moved to adjourn debate upon the following Bill until Tuesday, April 19, which was adopted.
H. 3416 -- Reps. J. Bradley, J.W. McLeod, M.O. Alexander and Neilson: A BILL TO AMEND ARTICLE 1, CHAPTER 77, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE, BY ADDING SECTION 38-77-45 SO AS TO PROVIDE THAT NO USED MOTOR VEHICLE PARTS OR MOTOR VEHICLE PARTS OTHER THAN THOSE OF THE ORIGINAL EQUIPMENT MANUFACTURER MAY BE USED TO REPAIR A MOTOR VEHICLE AS A RESULT OF AN AUTOMOBILE ACCIDENT WHERE THE COST OF THE PROPERTY DAMAGE IS BEING PAID BY THE INSURER OF THE AT-FAULT PARTY, WITHOUT THE CONSENT OF THE OWNER OF THE VEHICLE BEING REPAIRED.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 3903 -- Reps. J. Bradley, Holt and Mappus: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-605 SO AS TO PROVIDE THAT EVERY PREMIUM NOTICE OR BILL FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE MUST DISPLAY PROMINENTLY IN BOLD TYPE THE FACILITY RECOUPMENT CHARGE, BY COVERAGE, AND THE TOTAL FACILITY RECOUPMENT CHARGE FOR THAT POLICY OR BINDER.
S. 924 -- Senator Wilson: A BILL TO AMEND SECTION 7- 13-830, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIRED PROCEDURE WHEN A VOTER IS CHALLENGED, SO AS TO CLARIFY THE PROCEDURE FOR COUNTING BALLOTS UNSUCCESSFULLY CHALLENGED.
Rep. WILKINS explained the Bill.
S. 1223 -- Senator Fielding: A BILL TO AMEND SECTION 5-15-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR CHANGING THE NUMBER OR METHOD OF ELECTION OF MEMBERS TO THE GOVERNING BODY OF A MUNICIPALITY, SO AS TO REQUIRE A PETITION BE CERTIFIED AS VALID OR REJECTED BY THE MUNICIPAL ELECTION COMMISSION WITHIN SIXTY DAYS AFTER IT HAS BEEN DELIVERED TO THE COMMISSION.
Rep. WILKINS explained the Bill.
On motion of Rep. WILKINS, with unanimous consent, it was ordered that S. 1223 be read the third time tomorrow.
The following Bill was taken up.
H. 4011 -- Rep. J.W. McLeod: A BILL TO AMEND SECTION 38-39-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CANCELLATION OF INSURANCE CONTRACTS BY A PREMIUM SERVICE COMPANY, SO AS TO INCREASE THE AMOUNT OF SURPLUS OVER THE AMOUNT DUE TO AN INSURED IN A RETURN OF PREMIUM WHICH IS NOT REQUIRED TO BE RETURNED FROM ONE DOLLAR TO FIVE DOLLARS.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 6414k), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. Section 38-39-90(f) of the 1976 Code is amended to read:
"(f) In the event that If the crediting of return premiums to the account of the insured results in a surplus over the amount due from the insured, the premium service company shall hold the surplus in a fiduciary capacity and promptly refund the excess to the insured. However, no No refund is required if it amounts to less than one dollar three dollars."
SECTION 2. This act takes effect upon approval by the Governor.
Amend title to conform.
Rep. J. BRADLEY explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. J. BRADLEY, with unanimous consent, it was ordered that H. 4011 be read the third time tomorrow.
The following Bill was taken up.
H. 4029 -- Rep. J.W. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-630 SO AS TO PROVIDE THAT AN AUTOMOBILE LIABILITY INSURANCE POLICY MAY NOT BE CEDED TO THE SOUTH CAROLINA REINSURANCE FACILITY UNLESS IT IS ACCOMPANIED BY A RENEWAL NOTICE OR A MOTOR VEHICLE REPORT ISSUED WITHIN SIXTY DAYS OF THE DATE OF THE BINDER AND THE FULL, PROPER PREMIUM.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 6415k), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. The 1976 Code is amended by adding:
"Section 38-77-630. A policy, other than a renewal policy, may be ceded to the-South Carolina Reinsurance Facility only when accompanied by either a renewal notice from another insurer or a motor vehicle report (MVR), issued within sixty days of the date of the binder, together with the full premium correctly reflecting the facts shown on the MVR or consistent with the premium quoted in the renewal notice.
To facilitate compliance with this requirement, a carrier may require an applicant other than a renewal applicant, to obtain the MVR or a renewal notice from the insurance carrier who provided the insurance coverage then in effect and present it to the agent upon making an application. In those cases, the applicant must be credited for the amount paid for the MVR."
SECTION 2. This act takes effect January 1, 1989.
Amend title to conform.
Rep. J. BRADLEY explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. J. BRADLEY, with unanimous consent, it was ordered that H. 4029 be read the third time tomorrow.
The following Bill was taken up.
H. 3861 -- Rep. Lewis: A BILL TO AMEND SECTION 33-55-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RECOVERY OF DAMAGES AGAINST CHARITABLE ORGANIZATIONS AND TO THE LIABILITY OF A HEALTH CARE PROVIDER FOR SERVICES RENDERED VOLUNTARILY AND WITHOUT COMPENSATION, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN PROVISIONS, PROVIDE THAT AN ACTION AGAINST ANY CHARITABLE ORGANIZATION UNDER SECTIONS 33-55-210 THROUGH 33-55-230 CONSTITUTES A COMPLETE BAR TO ANY RECOVERY BY THE CLAIMANT, BY REASON OF THE SAME SUBJECT MATTER, AGAINST THE EMPLOYEE OF THE CHARITABLE ORGANIZATION WHOSE ACT OR OMISSION GAVE RISE TO THE CLAIM EXCEPT UNDER CERTAIN CONDITIONS, AND PROVIDE THAT NO JUDGMENT AGAINST AN EMPLOYEE OF A CHARITABLE ORGANIZATION MAY BE RETURNED UNLESS A SPECIFIC FINDING IS MADE THAT THE EMPLOYEE ACTED IN A RECKLESS, WILFUL, OR CROSSLY NEGLIGENT MANNER; AND TO REPEAL SECTION 33-55-220, RELATING TO THE PROVISION THAT THE BAR TO ANY ACTION AGAINST THE EMPLOYEE OF A CHARITABLE ORGANIZATION DOES NOT APPLY WHERE THE EMPLOYEE IS ADJUDGED TO HAVE ACTED RECKLESSLY, WANTONLY, OR WITH GROSS NEGLIGENCE.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 3040J), which was adopted.
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. Section 33-55-210 of the 1976 Code, as last amended by an act of 1988 bearing ratification number R. 429, is further amended to read:
"Section 33-55-210. (A) Any person sustaining an injury or dying by reason of the tortious act of commission or omission of an employee of a charitable organization, when the employee is acting within the scope of his employment, may only recover in any action brought against the charitable organization for the actual damages he may sustain in an amount not exceeding two hundred thousand dollars. The judgment in an action An action against the charitable organization under Sections 33-55-210 through 33-55-230 constitutes a complete bar to any action recovery by the claimant, by reason of the same subject matter, against the employee of the charitable organization whose act or omission gave rise to the claim. unless it is alleged and proved in the action that the employee acted in a reckless, wilful or grossly negligent manner, and, in such case, the employee must be properly joined as a party defendant. No judgment against an employee of a charitable organization may be returned unless a specific finding is made that the employee acted in a reckless, wilful, or grossly negligent manner. If the charitable organization for which the employee was acting cannot be determined at the time the action is instituted, the plaintiff may name as a party defendant the employees and the entity for which the employee was acting must be substituted as the party defendant when it can be so reasonably determined. The plaintiff, when bringing an action under the provisions of Sections 33-55-210 through 33-55-230, may name as a party defendant only the charitable organization for which the employee was acting and may not name the employee individually unless the charitable organization for which the employee was acting cannot be determined at the time the action is instituted. If the employee is individually named under the conditions permitted above, the entity for which the employee was acting must be substituted as the party defendant when it can be so reasonable determined
(B) No licensed health care provider, as defined in Section 38-79-410, who renders medical services voluntarily and without compensation, or the expectation, or promise of it, to any person at any hospital, clinic, public school, nonprofit organization, or any agency of the State or one of its political subdivisions where no charges are made by the licensed health care provider for any medical services rendered at the facility compensation is liable for any civil damage or for any act or omission resulting from the rendering of the services unless the act or omission was the result of the licensed health care provider's gross negligence or wilful misconduct. The agreement to provide voluntary noncompensated service must be made before the rendering of the service by the licensed health care provider."/
Amend title to conform.
Rep. WILKINS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. WILKINS, with unanimous consent, it was ordered that H. 3861 be read the third time tomorrow.
Rep. WILKINS moved to adjourn debate upon the following Bill until Tuesday, April 19, which was adopted.
S. 745 -- Senator Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-5-125 SO AS TO PROVIDE FOR WRITTEN NOTIFICATION OF REGISTRATION TO VOTE; AND TO AMEND SECTION 7-13-710, RELATING TO PROOF OF THE RIGHT TO VOTE AND THE POLL LIST, SO AS TO REVISE THE VOTER IDENTIFICATION REQUIREMENTS BY PROVIDING FOR PROOF BY WRITTEN REGISTRATION NOTIFICATION.
The following Bill was taken up.
H. 3999 -- Reps. Wilkins, Huff and McElveen: A BILL TO AMEND SECTION 23-31-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF PERMITS TO POSSESS A WEAPON, SO AS TO PROVIDE FOR THE ISSUANCE TO CIRCUIT AND FAMILY COURT JUDGES.
Rep. J. ROGERS proposed the following Amendment No. 1 (Doc. No. 3265J).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 23-31-120 of the 1976 Code is amended by adding:
"(d) The South Carolina Law Enforcement Division shall issue a permit to any circuit or family court judge, and the provisions of subsections (b) and (c) do not apply to the issuance, with the exception of the provisions of subsection (c) relating to the bond, all of which are applicable to the issuance."
SECTION 2. Section 23-31-120(c) of the 1976 Code is amended to read:
"(c) All persons issued permits by the State Law Enforcement Division pursuant to subsection (a) and subsection (d) of this section shall obtain and file with the Secretary of State, as a prerequisite to issuance of such the permit, a bond in the amount of two ten thousand dollars for the purpose of guaranteeing payment up to such that amount of any judgment obtained against such the person arising out of the negligent or unlawful use of any pistol possessed and used by such the person, whether such cause of action arises out of such the person's official duties or otherwise. Such The bond shall must be issued by a commercial bonding company licensed by the State and it shall must be issued for a period of time coterminous with the life of the permit. In the event any permit is cancelled, suspended, or revoked by the division, such the bond shall is not be effective as to covered acts committed during such times as the permit is not in effect.y Any person whose application has been denied may appeal such the denial to the circuit court for the county of his residence and shall must be heard as on certiorari."
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. J. ROGERS explained the amendment.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1, Rep. J. ROGERS having the floor.
Rep. T. ROGERS moved that the House recur to the mourning hour, which was not agreed to.
Rep. SIMPSON asked unanimous consent to recall H. 2051 from the Committee on Agriculture and Natural Resources.
Rep. TAYLOR objected.
Rep. STURKIE, with unanimous consent, withdrew his objection to the following Bill.
S. 711 -- Judiciary Committee: A BILL TO AMEND SECTION 8-21-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES PAID TO CLERKS OF COURT AND REGISTERS OF MESNE CONVEYANCES, SO AS TO INCREASE FEES FOR RECORDING DOCUMENTS AFFECTING TITLE TO REAL AND PERSONAL PROPERTY FROM FOUR DOLLARS AND ONE DOLLAR FOR EACH ADDITIONAL PAGE OVER FOUR PAGES TO SIX DOLLARS AND ONE DOLLAR FOR EACH ADDITIONAL PACE OVER FOUR PACES, TO ELIMINATE THE FEE FOR RECORDING A SATISFACTION OF A MORTGAGE, AND TO INCREASE THE FEE FOR FILING FIRST COMPLAINT OR PETITION IN CIVIL ACTIONS FROM TWENTY-FIVE TO THIRTY DOLLARS, EXCEPT THAT IF A CASE IS STRUCK FROM THE DOCKET AND LATER RESTORED THE REFILING FEE IS TEN DOLLARS AND THE FILING FEE FOR A CONDEMNATION PROCEEDING IS TEN DOLLARS.
The Senate Amendments to the following Bill were taken up for consideration.
H. 2501 -- Rep. Ogburn: A BILL TO AMEND SECTION 38-51-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSES REQUIRED OF INSURANCE AGENTS AND EXCEPTIONS THERETO SO AS TO PERMIT A QUALIFIED LIFE, HEALTH, OR GROUP INSURANCE AGENT TO PRESENT A PROPOSAL FOR INSURANCE ON BEHALF OF AN INSURER FOR WHICH THE AGENT IS NOT SPECIFICALLY LICENSED UNDER CERTAIN CONDITIONS.
Rep. J. BRADLEY explained the Senate Amendments.
The Senate Amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate Amendments to the following Bill were taken up for consideration.
H. 3401 -- Reps. Boan and J.W. McLeod: A BILL TO AMEND SECTION 38-63-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INCONTESTABILITY OF INDIVIDUAL LIFE INSURANCE POLICIES AND EXCEPTIONS THERETO, SO AS TO PROVIDE FOR THE REQUIRED CONTENTS OF THESE POLICIES; TO AMEND ARTICLE 1, CHAPTER 63, TITLE 38, RELATING TO INDIVIDUAL LIFE INSURANCE POLICIES, BY ADDING SECTION 38-63-60 SO AS TO DEFINE WHAT CONSTITUTES "INDUSTRIAL LIFE INSURANCE" AND TO PROVIDE THAT NO POLICY OF LIFE INSURANCE DELIVERED OR ISSUED FOR DELIVERY IN SOUTH CAROLINA MAY USE INDUSTRIAL MORTALITY TABLES UNLESS THE POLICY IS AN INDUSTRIAL LIFE INSURANCE POLICY; TO AMEND ARTICLE 1, CHAPTER 63, TITLE 38, RELATING TO INDIVIDUAL LIFE INSURANCE POLICIES, BY ADDING SECTION 38-63-80 SO AS TO PROVIDE THAT WHEN AN INDIVIDUAL LIFE INSURANCE POLICY PROVIDES FOR PAYMENT OF ITS PROCEEDS IN A LUMP SUM UPON THE DEATH OF THE INSURED AND THE INSURER FAILS TO PAY THE PROCEEDS WITHIN THIRTY DAYS OF SUBMISSION OF PROOF OF DEATH, THE PAYMENT SHALL INCLUDE INTEREST AT THE LEGAL RATE OF INTEREST FROM THE DATE OF DEATH OF THE INSURED UNTIL THE DATE THE CLAIM IS PAID; TO AMEND ARTICLE 3, CHAPTER 63, TITLE 38, RELATING TO INDIVIDUAL LIFE INSURANCE, BY ADDING SECTION 38-63-225 SO AS TO REGULATE THE USE OF CERTAIN SUICIDE AND DEATH EXCLUSIONS AND RESTRICTIONS IN THESE POLICIES; AND TO REPEAL SECTION 38-63-230 RELATING TO LIMITATIONS ON PROCEEDINGS TO CONTEST LIFE INSURANCE POLICIES.
Rep. J. BRADLEY explained the Senate Amendments.
The Senate Amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
Rep. KLAPMAN moved that the House recur to the morning hour, which was agreed to.
Rep. AYDLETTE, from the Charleston Delegation, submitted a favorable report, on:
H. 3817 -- Reps. Foxworth, Aydlette, Winstead, Whipper, D. Martin, Washington, Mappus, Kohn and J. Bradley: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO DELETE THE PROVISION PROVIDING FOR THE NOMINATION OF CONSTITUENT TRUSTEES BY PETITION.
Ordered for consideration tomorrow.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 4119 -- Rep. Edwards: A CONCURRENT RESOLUTION TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO PURSUE AGGRESSIVELY A CONTINUATION OF THE THIRTY-FIVE THOUSAND, TWO HUNDRED POUNDS TANDEM AXLE LIMIT FOR TRUCK OPERATORS THROUGH NEGOTIATION WITH THE FEDERAL HIGHWAY COMMISSION.
On motion of Rep. FOSTER, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration.
H. 4119 -- Rep. Edwards: A CONCURRENT RESOLUTION TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO PURSUE AGGRESSIVELY A CONTINUATION OF THE THIRTY-FIVE THOUSAND, TWO HUNDRED POUNDS TANDEM AXLE LIMIT FOR TRUCK OPERATORS THROUGH NEGOTIATION WITH THE FEDERAL HIGHWAY COMMISSION.
Whereas, since 1948 trucks have lawfully operated in this State with a tandem axle weight limitation of thirty-five thousand, two hundred pounds with no attempt by the General Assembly to lower the limit; and
Whereas, the Federal Highway Administration in 1975 issued a letter advising South Carolina that its thirty-five thousand, two hundred pounds tandem axle weight allowance was grandfathered under federal law on the interstate highway system and that the tandem was allowed to eighty thousand pounds gross vehicle weight and the Surface Transportation Assistance Act of 1982 contained language allowing a state to continue to operate under its weight limits in effect on the effective date of the STAA of 1982, which in the opinion of our Attorney General were in effect in 1956 and which the General Assembly has not changed since that date; and
Whereas, in response to the Federal Highway Administration attempt to roll back South Carolina's, tandem limit, a law suit was settled with a five-year moratorium to allow the thirty-five thousand, two hundred pound limit until September 1, 1988, but since that time several states, including our sister state of North Carolina, have been granted continued use of their grandfathered tandem limits with approval by the Federal Highway Administration; and
Whereas, a loss of one thousand, two hundred pounds on the tandem axle may cause the operator to shift weight to the front axle to avoid penalties, and the reduction of weight from thirty-five thousand, two hundred pounds to thirty-four thousand pounds may create serious equipment problems, inflict economic hardships on all truck operators, and inevitably lead to higher transportation costs because of the impracticability of attempting to enforce varying tandem limits on the interstate highway system; and
Whereas, Act 405 of 1986 included language instructing the South Carolina Department of Highways and Public Transportation to pursue continuation of the thirty-five thousand, two hundred pounds tandem beyond the expiration date of the moratorium. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly directs the South Carolina Department of Highways and Public Transportation to pursue aggressively a continuation of the thirty-five thousand, two hundred pounds tandem axle limit through negotiations with the Federal Highway Administration in order that it may be aware of this assembly's concerns over this issue.
Be it further resolved that a copy of this resolution be forwarded to each member of the South Carolina Congressional Delegation and to the Federal Highway Administration.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4179 -- Rep. Kirsh: A BILL TO AMEND SECTION 12-37-2650, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PAYMENT OF AD VALOREM TAXES ON MOTOR VEHICLES, SO AS TO AUTHORIZE THE TREASURER TO ISSUE PROOF OF PAYMENT BY MEANS OTHER THAN A RECEIPT WITH THE APPROVAL OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.
Referred to Committee on Ways and Means.
H. 4180 -- Reps. Haskins and J. Bradley: A BILL TO PROVIDE THAT STUDENT TEACHING EXPERIENCE IN A PRIVATE SCHOOL SETTING MEETS THE TEACHER EDUCATION PROGRAM REQUIREMENTS OF THE SOUTH CAROLINA STATE BOARD OF EDUCATION IF, ON AN ANNUAL BASIS, ASSIGNMENT FOR THE STUDENT TEACHING EXPERIENCE REQUIREMENT BY AN INSTITUTION IS PREDOMINANTLY IN THE PUBLIC SCHOOL SETTING.
Rep. HASKINS asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. TOWNSEND objected.
Referred to Committee on Education and Public Works.
H. 4181 -- Reps. Kirsh, McLellan, Klapman, Blackwell, Sheheen, P. Harris, Holt, Edwards, Day, Carnell, Keyserling and Mattos: A BILL TO AMEND SECTIONS 2-3-30, 2-3-60, 2-3-100, 2-3-170, 10-1-40, 51-1-75, 59-20-50, 59-63-720, AND 59-65-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL ASSEMBLY, PUBLIC BUILDINGS AND PROPERTY, PARKS, RECREATION AND TOURISM, AND EDUCATION, SO AS TO PROVIDE FOR SUBSISTENCE ALLOWANCES FOR MEMBERS OF THE GENERAL ASSEMBLY AND LIEUTENANT GOVERNOR, TO PROVIDE FOR APPROVAL OF THE PURCHASE OF SUPPLIES FOR THE SENATE AND HOUSE OF REPRESENTATIVES, TO PROVIDE ADDITIONAL DUTIES FOR THE SERGEANTS AT ARMS AND DIRECTORS OF SECURITY, TO PROVIDE FOR REIMBURSEMENT OF EMPLOYEES OF THE HOUSE OF REPRESENTATIVES, TO REVISE THE DUTIES OF THE STATE HOUSE COMMITTEE, TO DEFINE THE RESPONSIBILITIES OF THE JOINT COMMITTEE ON TOURISM AND TRADE, TO PROHIBIT RECEIPT OF HOLD HARMLESS FUNDS BY ADDITIONAL SCHOOL DISTRICTS, AND TO PROVIDE FOR APPROPRIATIONS FOR SCHOOL LUNCH SUPERVISORS AND THE DIVISION OF SCHOOL LUNCH PROGRAM AID APPROPRIATIONS; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 2-1-190, 2-3-35, 2-3-55, 2-3-73, 2-3-77, 2-3-85, 2-3-135, 2-3-152, 2-3-155, 2-3-175, 2-3-240, 2-3-250, 2-3-260, 2-3-280, 2-3-290, 2-7-63, 2-11-100, 8-11-75, 11-11-140, 38-73-725, 43-31-160, 46-7-100, 50-1-155, 51-1-100, 51-1-110, 51-1-120, 51-1-130, 51-1-140, 59-20-90, 59-20-100, 59-20-110, 59-21-125, 59-21-135, 59-21-410, 59-21-415, 59-21-435, 59-21-445, 59-25-70, 59-25-80, 59-31-420, 59-47-95, 59-47-97, 59-47-120, 59-51-60, 59-103-160, 59-103-170, 60-11-110, 60-11-120, 60-13-60, AND 60-15-100 SO AS TO PROVIDE FOR FUNDING OF THE DUES TO THE COUNCIL OF STATE GOVERNMENTS AND THE NATIONAL CONFERENCE OF STATE LEGISLATURES, TO PROVIDE FOR SUBSISTENCE EXPENSE PAYMENTS TO THE MEMBERS OF THE GENERAL ASSEMBLY SERVING ON JOINT STUDY COMMITTEES AND TO AMEND SECTION 2-3-30, RELATING TO SUBSISTENCE EXPENSES FOR MEMBERS AND THE LIEUTENANT GOVERNOR, SO AS TO DETAIL THE CIRCUMSTANCES UNDER WHICH SUBSISTENCE IS ALLOWED, TO PROVIDE FOR INSTALLATION OF TELEPHONE SERVICE IN THE SENATE AND HOUSE OF REPRESENTATIVES, TO PROVIDE FOR THE PREPARATION OF EXPENSE AND COMPENSATION VOUCHERS OF GENERAL ASSEMBLY COMMITTEES AND FOR THE APPROVAL OF SENATE PAYROLL AND DISBURSEMENT VOUCHERS AND INTERDEPARTMENTAL TRANSFERS, TO PROVIDE FOR THE MANAGEMENT OF THE LEGISLATIVE INFORMATION SYSTEMS, TO PROVIDE THAT THE CLERK OF THE HOUSE OF REPRESENTATIVES IS REQUIRED TO SEND ONLY ONE COPY OF EACH ACT TO THE COUNTY CLERKS OF COURT, TO PROVIDE FOR APPOINTMENTS OF THE DIRECTORS OF RESEARCH FOR THE HOUSE OF REPRESENTATIVES AND THEIR TITLES, TO PROVIDE FOR THE PAYMENT OF THE SALARIES OF EMPLOYEES OF THE HOUSE OF REPRESENTATIVES, TO PROVIDE FOR PAYMENT OF TEMPORARY CLERICAL HELP FOR THE SENATE FINANCE AND JUDICIARY COMMITTEES, PRESIDENT OF THE SENATE, HOUSE OF REPRESENTATIVES WAYS AND MEANS AND JUDICIARY COMMITTEES, SPEAKER OF THE HOUSE, CLERKS OF THE SENATE AND HOUSE, AND LEGISLATIVE COUNCIL, TO PROVIDE THAT NO PER DIEM MAY BE PAID TO ANY LEGISLATIVE OFFICIAL OR EMPLOYEE FROM MORE THAN ONE SOURCE FOR ANY ONE DAY, TO PROVIDE FOR PICTURES TO BE MADE OF THE STANDING COMMITTEES OF THE HOUSE OF REPRESENTATIVES, TO PROVIDE FOR AUDITING OF APPROVED ACCOUNTS OF THE SENATE, HOUSE OF REPRESENTATIVES, SPECIAL SERVICES FOR THE SENATE AND HOUSE, LEGISLATIVE COUNCIL, AND JOINT LEGISLATIVE COMMITTEES AND PROVIDE FOR THE FUNDING AND OPERATION OF THE COMMITTEES, TO PROVIDE FOR THE SENATE STANDING COMMITTEES TO CONTRACT FOR NECESSARY PROJECTS, PROGRAMS, AND SERVICES, TO PROVIDE FOR THE BENEFITS AND COMPENSATION FOR THE NURSES WHO PROVIDE SPECIAL SERVICES TO THE SENATE AND HOUSE OF REPRESENTATIVES, TO PROVIDE FOR EACH COMMITTEE OF THE SENATE AND HOUSE OF REPRESENTATIVES AND EACH JOINT LEGISLATIVE COMMITTEE TO PROVIDE A LIST TO THE GENERAL ASSEMBLY OF ALL EMPLOYEES WHO HOLD DUAL POSITIONS OF STATE EMPLOYMENT, TO REQUIRE AN AUDIT OF JOINT LEGISLATIVE COMMITTEE APPROPRIATIONS, TO PROVIDE FOR LEGISLATIVE COUNCIL RESEARCH EMPLOYEES TO BE AVAILABLE TO WORK WITH SENATE AND HOUSE OF REPRESENTATIVE COMMITTEES, TO PROVIDE FOR PAYROLL DEDUCTIONS FOR PARKING FEES, TO PROVIDE FOR THE DESIGNATION AND SALARIES OF LEGISLATIVE EMPLOYEES PROVIDED IN THE ANNUAL GENERAL APPROPRIATIONS ACT, TO PROVIDE FUNDS FOR THE OPERATION OF THE STATE RATING AND STATISTICAL DIVISION OF THE INSURANCE DEPARTMENT, TO PROVIDE THAT REVENUES FROM PRODUCTION BY TRAINEES AT VOCATIONAL REHABILITATION FACILITIES MAY BE USED BY THE STATE AGENCY OF VOCATIONAL REHABILITATION, TO REQUIRE CLEMSON UNIVERSITY, REGULATORY AND PUBLIC SERVICE DIVISION, TO REMIT REVENUES TO THE GENERAL FUND OF THE STATE, TO PROVIDE FOR USE OF THE GAME PROTECTION FUND, TO PROVIDE THAT THE DEPARTMENT OF PARKS, RECREATION AND TOURISM WHEN EXPENDING APPROPRIATIONS FOR A CANADIAN PROMOTION SHALL DESIGNATE ONE DAY OF THE PROMOTION AS "CANADIAN DAY" AND TO PROVIDE THAT ALL CANADIANS ARE ALLOWED ADMITTANCE TO STATE PARKS AND USE OF PARK CAMPING FACILITIES ON CANADIAN DAY FREE OF CHARGE, TO PROVIDE THAT FUNDING OF REGIONAL TOURISM PROMOTION COMMITTEES IS CONTINGENT UPON AT LEAST A TWENTY-FIVE PERCENT MATCH FROM LOCAL SOURCES, TO PROVIDE THAT THE DEPARTMENT OF PARKS, RECREATION AND TOURISM IS AUTHORIZED TO ESTABLISH A SCHOLARSHIP PROGRAM WITH CLEMSON UNIVERSITY TO ASSIST STUDENTS IN THE SCHOOL OF PARKS, RECREATION AND TOURISM MANAGEMENT, TO PROVIDE THAT ANY MONIES DERIVED FROM THE GIFT/SOUVENIR SHOP AT THE BOYLSTON HOUSE MUST BE USED FOR ITS CONTINUING OPERATION, TO PROVIDE THAT THE DEPARTMENT OF PARKS, RECREATION AND TOURISM IS AUTHORIZED TO CHARGE A FEE TO COMMERCIAL CONCERNS FOR THE COST OF VACATION GUIDES, RESEARCH REPORTS, AND MAILING LISTS AND TO PROVIDE FOR THE MANNER IN WHICH THESE FEES ARE DISTRIBUTED AND USED, TO PROVIDE FOR DISBURSEMENT OF EDUCATION FUNDS TO THE DEPARTMENT OF YOUTH SERVICES, TO FUND THE PALMETTO UNIFIED SCHOOL DISTRICT, TO PROVIDE THAT SPECIFIC APPROPRIATIONS MUST INCLUDE LOCAL FINANCIAL SUPPORT FOR EDUCATION, TO PROVIDE FOR THE USE OF DIRECT AID TO SCHOOL DISTRICTS' APPROPRIATIONS, TO PROVIDE FOR ADJUSTMENTS IN SCHOOL, DISTRICT ENTITLEMENTS FOR WEIGHTED PUPIL UNITS, TO PROVIDE FOR REDUCTION OF SCHOOL BUILDING AID DURING REVENUE SHORTFALLS, TO EXEMPT VOCATIONAL EDUCATION FACILITIES AND EQUIPMENT FROM PURCHASE OR CONSTRUCTION CONTRACTS, TO PROVIDE THAT SCHOOL BUILDING AID APPROPRIATIONS MUST BE HELD IN TRUST UNTIL USED AS PROVIDED BY SECTION 59-21-350, TO EXEMPT TEACHERS IN YOUTH SERVICES, CORRECTIONS, AND DEAF AND BLIND SCHOOLS FROM HUMAN RESOURCE MANAGEMENT CLASSIFICATION, TO REQUIRE MAINTENANCE OF TEACHER LOCAL SALARY SUPPLEMENTS, TO PROVIDE FOR UPKEEP OF USED TEXTBOOKS, TO AUTHORIZE THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND THE BLIND TO CHARGE APPROPRIATE TUITION, ROOM AND BOARD, AND OTHER FEES TO STUDENTS ACCEPTED INTO THE ADULT VOCATIONAL PROGRAM, AND TO PROVIDE THAT THESE FEES MUST BE DETERMINED BY THE SCHOOL'S BOARD OF COMMISSIONERS, TO AUTHORIZE THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND THE BLIND TO CHARGE APPROPRIATE FEES FOR HOUSING OF HEARING IMPAIRED ADULTS WHO RECEIVE VOCATIONAL EDUCATION SERVICES BY THE VOCATIONAL REHABILITATION FACILITY ON THE SCHOOL'S CAMPUS, AND TO PROVIDE. THAT FEES MUST BE DETERMINED BY THE SCHOOL'S BOARD OF COMMISSIONERS AND THAT SUCH REVENUE MUST BE RETAINED BY THE SCHOOL TO OFFSET CERTAIN ADDITIONAL OPERATING COSTS, TO AUTHORIZE SCHOOL BUSES OF THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND THE BLIND TO TRAVEL AT SPEEDS UP TO FIFTY-FIVE MILES AN HOUR, NOT TO EXCEED THE POSTED LIMIT, AND TO PROVIDE THAT NO FUNDS APPROPRIATED FOR EQUIPMENT MAY BE USED FOR THE PURCHASE OF GOVERNORS FOR SCHOOL BUSES OF THE SCHOOL, TO REQUIRE THE WIL LOU GRAY OPPORTUNITY SCHOOL TO PROVIDE EDUCATION SERVICES FOR TRUANT STUDENTS, TO REQUIRE NOTICE OF FEE RAISES BY STATE-SUPPORTED COLLEGES AND UNIVERSITIES, TO REQUIRE APPROVAL OF DISPOSAL OF LOCAL HIGHER EDUCATION REAL PROPERTY, TO PROVIDE FOR GIFTS BY THE STATE MUSEUM COMMISSION TO EDUCATIONAL INSTITUTIONS, TO AUTHORIZE THE SOUTH CAROLINA COMMISSION OF ARCHIVES AND HISTORY TO SUPPLY ONE FREE COPY OF EACH NEW PUBLICATION TO CERTAIN LIBRARIES AND PERSONS, TO PROVIDE THAT THE FUNDS EARNED FROM THE UNITED STATES DEPARTMENT OF THE INTERIOR BY THE SOUTH CAROLINA DEPARTMENT OF ARCHIVES AND HISTORY FOR ADMINISTERING THE NATIONAL HISTORIC PRESERVATION PROGRAM IN THIS STATE, WITH THE EXCEPTION OF CERTAIN MONIES, MUST BE DEPOSITED IN A SPECIAL ACCOUNT IN THE STATE TREASURY, TO BE USED BY THE SOUTH CAROLINA DEPARTMENT OF ARCHIVES AND HISTORY FOR A HISTORIC PRESERVATION GRANTS PROGRAM, AND TO PROVIDE FOR THE USE BY THE SOUTH CAROLINA ARTS COMMISSION OF REVENUES DERIVED FROM ARTS EVENTS AND BALANCES AT END OF THE FISCAL YEAR.
Referred to Committee on Ways and Means.
H. 4182 -- Reps. Hearn, T. Rogers, Humphries, J. Bradley, M.D. Burriss, Foxworth, Wilkins, Winstead and Dangerfield: A BILL TO AMEND SECTION 12-35-820, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE USE TAX, SO AS TO EXEMPT FROM THE TAX TANGIBLE PERSONAL PROPERTY AND EXHIBITION RENTALS PURCHASED FROM SOURCES OUTSIDE THIS STATE BY CHARITABLE, ELEEMOSYNARY, OR GOVERNMENTAL ORGANIZATIONS OPERATING MUSEUMS IF THE PROPERTY PURCHASED OR LEASES ENTERED INTO ARE DIRECTLY RELATED TO MUSEUM PURPOSES.
Referred to Committee on Ways and Means.
H. 4183 -- Rep. Moss: A BILL TO AMEND SECTION 44-53-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORFEITURE PROCEDURES AND DISPOSITION OF FORFEITED PROPERTY IN REGARD TO NARCOTICS AND CONTROLLED SUBSTANCES, SO AS TO RAISE THE AMOUNT OF ANY CASH SEIZED AND FORFEITED WHICH REMAINS THE PROPERTY OF THE LAW ENFORCEMENT AGENCY WHICH EFFECTED THE SEIZURE.
Referred to Committee on Judiciary.
H. 4184 -- Rep. K. Bailey: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF ORANGEBURG SCHOOL DISTRICT NO. 2 TO ISSUE NOT MORE THAN ONE MILLION, SIX HUNDRED THOUSAND DOLLARS OF GENERAL OBLIGATION BONDS OF THE DISTRICT, TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THEIR PROCEEDS MAY BE EXPENDED, AND TO MAKE PROVISION FOR THE PAYMENT OF THE BONDS.
On motion of Rep. K. BAILEY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4185 -- Reps. Koon and Rhoad: A BILL TO AMEND SECTION 50-11-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COYOTES SO AS TO PROVIDE THAT NEUTERED OR SPAYED COYOTES MAY BE BROUGHT INTO THE STATE IF PERMITTED BY THE WILDLIFE AND MARINE RESOURCES DEPARTMENT AND TO REGULATE THE CONTROL OF COYOTES.
Referred to Committee on Agriculture and Natural Resources.
On motion of Rep. K. BAILEY, with unanimous consent, it was ordered that H. 4184 be read the second and third times the next two successive legislative days.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1.
H. 3999 -- Reps. Wilkins, Huff and McElveen: A BILL TO AMEND SECTION 23-31-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF PERMITS TO POSSESS A WEAPON, SO AS TO PROVIDE FOR THE ISSUANCE TO CIRCUIT AND FAMILY COURT JUDGES.
Rep. J. ROGERS moved to adjourn debate upon the Bill until Tuesday, April 19, which was adopted.
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 4004 -- Reps. Wilkins, Huff and McElveen: A BILL TO AMEND SECTION 20-7-755, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONDUCT OF FAMILY COURT HEARINGS INVOLVING CHILDREN, SO AS TO PROVIDE FOR THE HEARINGS TO BE CONDUCTED IN A FORMAL INSTEAD OF INFORMAL MANNER AND DELETE THE PROVISION REQUIRING A TRANSCRIPT OF THE HEARINGS IF THE COURT ORDERS IT.
Rep. WILKINS explained the Bill.
H. 4005 -- Reps. Wilkins, Huff and McElveen: A BILL TO AMEND SECTION 20-7-736, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT JURISDICTION AND REMOVAL PROCEEDINGS, SO AS TO LENGTHEN THE TIME WITHIN WHICH A HEARING MUST BE HELD ON A REMOVAL PETITION FROM THIRTY TO FORTY DAYS OF THE DATE THE PETITION IS RECEIVED.
H. 4009 -- Reps. Wilkins, Huff and McElveen: A BILL TO AMEND SECTION 14-17-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLERK OF THE COURT OF COMMON PLEAS SERVING AS CLERK OF ALL COURTS OF RECORD, SO AS TO INCLUDE THE FAMILY COURT.
H. 3985 -- Reps. Dangerfield, Whipper, Aydlette, Washington, Mappus, J. Bradley, Holt, Foxworth, Winstead, D. Martin and Kohn: A BILL TO AMEND SECTION 6-25-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANAGEMENT AND CONTROL OF A JOINT MUNICIPAL WATER SYSTEM, SO AS TO AUTHORIZE THE APPOINTMENT OF ADDITIONAL COMMISSIONERS BY THE GOVERNING BODY OF A MEMBER OF THE SYSTEM.
Rep. WILKINS explained the Bill.
H. 4096 -- Reps. Beasley and Baxley: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF DARLINGTON POST NO. 13 OF THE AMERICAN LEGION.
H. 4097 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO PRACTICE AND PROCEDURE, DESIGNATED AS REGULATION DOCUMENT NUMBER 946, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4098 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO COMMON CARRIERS AND MOTOR CARRIERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 837, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. L. MARTIN explained the Joint Resolution.
H. 4100 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EXAMINERS IN PSYCHOLOGY, RELATING TO LICENSES, FEES, AND ADVERTISING, DESIGNATED AS REGULATION DOCUMENT NUMBER 915, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4101 -- Medical, Military, Public and Municipal Affairs Committee: A BILL TO AMEND SECTION 40-47-600, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHYSICIANS, SURGEONS, AND OSTEOPATHS, SO AS TO CHANGE CERTIFICATION REQUIREMENTS OF A RESPIRATORY CARE PRACTITIONER AND TO AMEND THE 1976 CODE BY ADDING SECTION 40-47-625 SO AS TO ALLOW THE ISSUANCE OF A TEMPORARY CERTIFICATE TO A RESPIRATORY CARE PRACTITIONER.
S. 1001 -- Senators Drummond, Dennis, Pope, Courson, Leatherman, Giese, Branton, Long, Thomas, Applegate, Thomas E. Smith, Jr., Shealy, Martschink, J. Verne Smith, McConnell, Wilson, Stilwell, Leventis, Macaulay, Lee, Peeler, Powell, Hinson, Horace C. Smith, Hayes, Setzler, Patterson, Fielding, McLeod, Doar, McGill, Waddell, Russell and Matthews: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 22 TO TITLE 1 SO AS TO PROVIDE FOR THE COMPLIANCE REVIEW ACT OF 1988 BY CREATING A FORMAL STRUCTURED PROCESS TO BE CONDUCTED BY THE REORGANIZATION COMMISSION TO DETERMINE THE DEGREE OF AGENCY COMPLIANCE WITH THE FINDINGS AND RECOMMENDATIONS CONTAINED IN LEGISLATIVE AUDIT COUNCIL REPORTS AND TO PROVIDE FOR THE CHAPTER TO APPLY TO ANY AUDIT OR REPORT RELEASED TO THE PUBLIC AFTER DECEMBER 31, 1988.
S. 1183 -- Senator Waddell: A BILL TO AMEND SECTIONS 12-16-20, 12-16-290, 12-16-510, 12-16-730, 12-16-910, 12-16-1110, 12-16-1130, 12-16-1160, 12-16-1200, 12-16-1210, 12-16-1350, 12-16-1510, 12-16-1520, AND ARTICLES 17 AND 19, CHAPTER 16 OF TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA ESTATE TAX ACT, SO AS TO CONFORM ITS PROVISIONS TO THE INTERNAL REVENUE CODE OF 1986, AS AMENDED THROUGH DECEMBER 31, 1987; AND TO MAKE TECHNICAL CORRECTIONS, AND TO AMEND SECTION 12-49-70, AS AMENDED, RELATING TO THE CONCLUSIVE PRESUMPTION OF PAYMENT OF TAXES, SO AS TO CORRECT A REFERENCE.
Rep. KIRSH explained the Bill.
S. 1300 -- Senators Waddell, Lourie, Leatherman and Hayes: A BILL TO AMEND SECTION 12-54-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ISSUANCE OF WARRANT FOR DISTRAINT BY THE TAX COMMISSION, FILING WITH THE CLERK OF COURT OR REGISTER OF MESNE CONVEYANCES, AND LIEN UPON THE PROPERTY OF THE TAXPAYER, SO AS TO PERMIT, RATHER THAN REQUIRE, THE COMMISSION TO ISSUE A WARRANT FOR DISTRAINT WHEN ANY TAX, ADDITIONAL TAX, INTEREST, OR PENALTY IMPOSED BY THE COMMISSION REMAINS DUE AND UNPAID FOR TEN DAYS.
S. 1304 -- Senators Waddell, Lourie, Leatherman, Long, Hayes and Hinson: A BILL TO AMEND SECTION 12-7-1240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INCOME TAX CREDITS, SO AS TO ALLOW THE TAX CREDIT WHENEVER A RESIDENT IS TAXED IN ANOTHER STATE.
Rep. KIRSH explained the Bill.
H. 3952 -- Reps. Kirsh, McLellan, McTeer and Elliott: A BILL TO AMEND SECTION 12-7-1120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALLOCATION OF INCOME BEFORE APPORTIONMENT OF THE REMAINING NET INCOME, SO AS TO DEFINE THE REAL PROPERTY IN THE ALLOCATION OF THE GAINS AND LOSSES FROM ITS SALE AS PROPERTY NOT CONNECTED WITH THE TAXPAYER'S BUSINESS.
Rep. KIRSH explained the Bill.
H. 3954 -- Reps. Kirsh, McLellan, McTeer and Elliott: A BILL TO AMEND SECTION 12-31-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR CARRIERS, SO AS TO CHANGE THE DATE THE REPORTS TO THE COMMISSION ARE TO BE FILED.
H. 3955 -- Reps. Kirsh, McLellan, McTeer and Elliott: A BILL TO AMEND SECTION 34-11-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIME OF ISSUING FRAUDULENT CHECKS, DRAFTS, OR OTHER WRITTEN ORDERS, SO AS TO SPECIFICALLY STATE THAT THE CRIME APPLIES TO ISSUING A FRAUDULENT CHECK, DRAFT, OR OTHER ORDER IN PAYMENT OF STATE TAXES.
Rep. KIRSH explained the Bill.
H. 3957 -- Reps. Kirsh,- McLellan, McTeer and Elliott: A BILL TO AMEND SECTION 12-3-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE SOUTH CAROLINA TAX COMMISSION, SO AS TO INCLUDE THE ASSESSMENT OF AIRLINES AND TO PROVIDE THAT LEASED PROPERTY MUST BE ASSESSED IN THE NAME OF THE LEASEE IF THE UNIT VALUATION METHOD IS USED OR IF THE TAXPAYER IS AN AIRLINE OR PRIVATE CAR LINE WHEN THE LEASEE IS IN CONTROL OF THE PROPERTY AND REQUIRED TO PAY THE TAX.
Rep. KIRSH explained the Bill.
H. 3968 -- Rep. J.C. Johnson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-35-125 SO AS TO PROVIDE THAT WHEN A VENDOR SELLS ITEMS TO A PURCHASER, THE COST OF WHICH OR PART OF THE COST OF WHICH WILL BE PAID BY MEDICARE OR MEDICAID, THE VENDOR SHALL PAY SALES TAX ONLY ON THE NET AMOUNT REIMBURSED BY MEDICARE OR MEDICAID IF THE VENDOR BY LAW IS PROHIBITED FROM CHARGING THE PURCHASER THE DIFFERENCE BETWEEN THE RETAIL SALES PRICE AND THE AMOUNT REIMBURSED.
On motion of Rep. WILKINS, with unanimous consent, it was ordered that H. 4004 be read the third time tomorrow.
On motion of Rep. WILKINS, with unanimous consent, it was ordered that H. 4009 be read the third time tomorrow.
On motion of Rep. DANGERFIELD, with unanimous consent, it was ordered that H. 3985 be read the third time tomorrow.
On motion of Rep. BEASLEY, with unanimous consent, it was ordered that H. 4096 be read the third time tomorrow.
On motion of Rep. L. MARTIN, with unanimous consent, it was ordered that H. 4098 be read the third time tomorrow.
On motion of Rep. LOCKEMY, with unanimous consent, it was ordered that H. 4100 be read the third time tomorrow.
On motion of Rep. LOCKEMY, with unanimous consent, it was ordered that H. 4101 be read the third time tomorrow.
On motion of Rep. KIRSH, with unanimous consent, it was ordered that S. 1001 be read the third time tomorrow.
On motion of Rep. KIRSH, with unanimous consent, it was ordered that S. 1183 be read the third time tomorrow.
On motion of Rep. KIRSH, with unanimous consent, it was ordered that S. 1300 be read the third time tomorrow.
On motion of Rep. KIRSH, with unanimous consent, it was ordered that S. 1304 be read the third time tomorrow.
On motion of Rep. KIRSH, with unanimous consent, it was ordered that H. 3952 be read the third time tomorrow.
On motion of Rep. KIRSH, with unanimous consent, it was ordered that H. 3954 be read the third time tomorrow.
On motion of Rep. KIRSH, with unanimous consent, it was ordered that H. 3955 be read the third time tomorrow.
On motion of Rep. KIRSH, with unanimous consent, it was ordered that H. 3957 be read the third time tomorrow.
On motion of Rep. J.C. JOHNSON, with unanimous consent, it was ordered that H. 3968 be read the third time tomorrow.
The following Bill was taken up.
S. 958 -- Senators Saleeby, McConnell and Pope: A BILL TO AMEND SECTION 38-53-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL ACTS REGARDING BAIL BONDSMEN AND RUNNERS, SO AS TO DELETE THE PROVISION THAT LOITERING IN OR ABOUT A MAGISTRATE'S OFFICE OR ANY PLACE WHERE PRISONERS ARE CONFINED IS PRIMA FACIE EVIDENCE OF SOLICITING, TO PROVIDE THAT JUDICIAL OFFICERS, LAW ENFORCEMENT OFFICERS, AND JAILERS HAVE FULL RESPONSIBILITY, POWER, AND AUTHORITY TO ENFORCE CERTAIN PROVISIONS OF SECTION 38-53-170, AND TO REQUIRE THAT ANY ACTION TAKEN PURSUANT TO CERTAIN PROVISIONS OF SECTION 38-53-170 RESULTING IN A CONVICTION, GUILTY PLEA, OR PLEA OF NOLO CONTENDERE MUST BE REPORTED TO THE CHIEF INSURANCE COMMISSIONER.
The Committee on Judiciary proposed the following Amendment No. 1 (Doc. No. 2502J), which was adopted.
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. Section 38-53-170(f) of the 1976 Code is amended to read:
"(f) solicit business in any of the courts or on the premises of any of the courts of this State, in the office of any magistrate, or in or about any place where prisoners are confined. Loitering in or about a magistrate's office or any place where prisoners are confined is prima facie evidence of soliciting; Law enforcement officers and jailers shall report any violations of this provision to the court. Any action taken pursuant to this provision resulting in a conviction, guilty plea, or plea of nolo contendere pursuant to Section 38-53-340 must be reported to the Commissioner by the court within thirty days;"./
Amend title to conform.
Rep. WILKINS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. WILKINS, with unanimous consent, it was ordered that S. 958 be read the third time tomorrow.
The following Bill was taken up.
H. 4007 -- Reps. Wilkins, Huff and McElveen: A BILL TO AMEND SECTION 20-7-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT JURISDICTION IN DOMESTIC MATTERS, SO AS TO PROVIDE FOR JURISDICTION TO COMPEL ACTION UNDER THE CHILDREN'S CODE, DOMESTIC ABUSE ACT, AND PROVISIONS PROTECTING DEVELOPMENTALLY DISABLED AND SENILE PERSONS; ON ATTORNEY FEES; AND TO APPOINT AND PROVIDE COMPENSATION FOR GUARDIANS AD LITEM.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 2914J), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 20-7-420 of the 1976 Code is amended by adding appropriately numbered items at the end to read:
"( ) To issue orders compelling public officials and officers to perform official acts under Chapter 7, Title 20, the Children's Code, Chapter 4, Title 20, Protection from Domestic Abuse Act, and Chapter 29, Title 43, Protective Services for Developmentally Disabled and Senile Persons.
( ) To appoint guardians ad litem and determine their compensation, fees, and costs and to assess as compensation, fees, and costs against the person represented by the guardian ad litem or against any other person or party involved in the action."
SECTION 2. Section 20-7-420(2) of the 1976 Code is amended to read:
(2) To hear and determine actions:
For divorce a vinculo matrimonii, separate support and maintenance, legal separation, and in other marital litigation between the parties, and for settlement of all legal and equitable rights of the parties in such the actions in and to the real and personal property of the marriage and attorneys' attorney fees, if requested by either party in the pleadings.
In any action where either party in his or her complaint, answer, counterclaim, or motion for pendente lite relief prays for the allowance of suit moneY pendente lite and permanently, the court shall allow a reasonable sum for the claim if it appears well-founded. Suit money, including attorney fees, may be assessed for or against any party to any action brought in or subject to the jurisdiction of the family court. An award of temporary attorney fees or suit costs must not be stayed by an appeal of the award."
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. WILKINS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. WILKINS, with unanimous consent, it was ordered that H. 4007 be read the third time tomorrow.
The following Bill was taken up.
H. 3940 -- Reps. McAbee, Gentry, Waldrop, Davenport and White: A BILL TO AMEND SECTION 6-7-1030, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF A MUNICIPALITY OR COUNTY TO ADOPT SUBDIVISION REGULATIONS, SO AS TO AUTHORIZE THE GOVERNING BODY OF THE COUNTY TO CREATE SUBDIVISION DISTRICTS AND ADOPT SUBDIVISION REGULATIONS FOR A SPECIFIC DISTRICT.
Rep. WILKINS explained the Bill.
Reps. STURKIE, KOON, E.B. McLEOD and BLANDING objected to the Bill.
The following Bill was taken up.
S. 1196 -- Corrections and Penology Committee: A BILL TO AMEND SECTIONS 24-21-10, 24-21-13, 24-21-60, 24-21-70, 24-21-80, 24-21-90, 24-21-250, 24-21-260, 24-21-280, 24-21-290, 24-21-475, 24-21-480, 24-21-485, 24-21-650, AND 24-21-930, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PAROLE AND COMMUNITY CORRECTIONS BOARD, DEPARTMENT, AND OFFICERS AND EMPLOYEES, SO AS TO CHANGE THE NAME AND REFERENCES TO THE PROBATION, PAROLE, AND PARDON SERVICES BOARD, DEPARTMENT, AND OFFICERS AND EMPLOYEES AND TO DELETE ANTIQUATED AND OBSOLETE LANGUAGE.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 3069J), which was adopted.
Amend the bill, as and if amended, Section 24-21-10, as contained in SECTION 1, by striking the first paragraph and inserting:
/The Department of Probation, Parole, and Community Corrections Pardon Services, hereafter referred to as the 'Department department', shall be is governed by the Board of Probation, Parole, and Community Corrections Pardon Services Board, hereafter referred to as the 'Board board', which shall be is composed of seven members. The terms of office of the members shall be are for six years and until their respective successors are appointed and qualified qualify. Six of the seven members shall must be appointed from each of the congressional districts and one member shall must be appointed at large. The current members of the Board of Probation, Parole, and Pardon will constitute the Board until the expiration of their appointments. All vacancies now existing or subsequently occurring among the members of the Board shall Vacancies must be filled as soon as practical, by gubernatorial appointment with the advice and consent of the Senate, for the unexpired term. If a vacancy occurring occurs during a recess of the Senate, the Governor may fill such the vacancy by appointment for the unexpired term pending the consent of the Senate./
Amend further, page 3, by striking the first paragraph of Section 24-21-80, as contained in SECTION 5, and inserting:
/Every person granted parole by the Parole and Community Corrections Board board (Board), and every adult placed on probation by a court of competent jurisdiction, must be required to shall pay two hundred forty dollars a year toward off-setting the cost of his supervision for so long as he remains under supervision. This fee is due and payable on the date of sentencing or date of parole and each subsequent anniversary thereafter for the duration of the supervision period. This fee must be remitted for credit to the State General Fund. The payment of the fee must be a condition of parole or probation and a delinquency of two months or more in making payments shall may operate as a revocation of parole or probation rendering the violator liable to serving out any remaining part of his sentence, at the determination of the board or the court./
Amend further, page 5, by striking Section 24-21-260, as contained in SECTION 8, and inserting:
/Section 24-21-260. Probation officers appointed under Section 24-21-230 shall must be assigned to serve in such courts or districts or otherwise as the supervisors of probation and parole other places the executive director may determine./
Amend further, page 10, by striking Section 24-21-930, as contained in SECTION 15, and inserting:
/Section 24-21-930. An order of pardon shall must be signed by at least two-thirds of the members of the Board board. Upon the issue of such the order by the Board board the supervisor of parole executive director, or one lawfully acting for him, shall issue a pardon order which shall provide provides for the release of the prisoner from custody restoration of the pardon applicant's civil rights./
Amend title to conform.
Rep. CHAMBLEE explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. CHAMBLEE, with unanimous consent, it was ordered that S. 1196 be read the third time tomorrow.
Rep. LOCKEMY moved to adjourn debate upon the following Joint Resolution until Wednesday, April 20, which was adopted.
H. 4099 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF NURSING, RELATING TO FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 956, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The SPEAKER granted Rep. NETTLES a temporary leave of absence.
The following Bill was taken up.
S. 1303 -- Senators Waddell, Lourie, Leatherman and Hayes: A BILL TO AMEND SECTION 12-54-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FURNISHING OF TAX RETURNS OR INFORMATION TO OTHER STATES OR THE INTERNAL REVENUE SERVICE, AND SECTION 12-54-230, RELATING TO THE TAX COMMISSION'S ACCESS TO THE EMPLOYER'S QUARTERLY REPORT, SO AS TO UPDATE THE REFERENCES TO THE FREEDOM OF INFORMATION ACT.
Rep. KIRSH explained the Bill.
Rep. McEACHIN moved to adjourn debate upon the Bill until Tuesday, April 19, which was adopted.
The following was received.
Columbia, S.C., April 14, 1988
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 11:45 A.M. today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. L. MARTIN the invitation was accepted.
The following Bill was taken up.
H. 3981 -- Rep. Kirsh: A BILL TO AMEND SECTION 12-35-555, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAXES ON THE SALE OF MOTOR VEHICLES TO NONRESIDENTS, SO AS TO PROVIDE THAT THIS PROVISION ALSO APPLIES TO THE SALE OF TRAILERS, SEMI-TRAILERS, AND POLE TRAILERS, AND TO PROVIDE THAT NO SALES TAXES ON THESE SALES MAY BE IMPOSED UNDER CERTAIN CONDITIONS.
Rep. KIRSH explained the Bill.
Further proceedings were interrupted by expiration of time on the uncontested calendar, the pending question being consideration of the Bill
Rep. KIRSH having the floor.
On motion of Rep. McLELLAN, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Ways and Means.
H. 4178 -- Rep. McLellan: A JOINT RESOLUTION TO EXEMPT THE STATE AUDITOR UNTIL JUNE 30, 1988, FROM THE PROVISIONS OF PARAGRAPH 129.22 OF PART I OF ACT 170 OF 1987, RELATING TO EMPLOYER CONTRIBUTION COSTS.
On motion of Rep. SNOW, with unanimous consent, it was ordered that S. 1288 be read the third time tomorrow.
Rep. McEACHIN moved to reconsider the vote whereby debate was adjourned on the Senate Amendments to the following Bill, which was agreed to.
H. 3455 -- Rep. McEachin: A BILL TO AMEND ARTICLE 1, CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTECTION OF GAME, BY ADDING SECTION 50-11-125 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO SELL LIVE WOLVES WITHIN THE STATE OR TO SHIP OR IMPORT LIVE WOLVES INTO THIS STATE, EXCEPT FOR EXHIBITION PURPOSES UPON THE APPROVAL OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT.
On motion of Rep. TAYLOR, with unanimous consent, the following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4186 -- Reps. R. Brown, Taylor, J. Bradley, G. Bailey, M.O. Alexander and J.W. McLeod: A BILL TO AMEND SECTION 13-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE DEVELOPMENT BOARD BY ADDING TWO EX OFFICIO MEMBERS TO THE BOARD.
Referred to Committee on Labor, Commerce and Industry.
H. 4187 -- Reps. T.M. Burriss, J.H. Burriss, M.D. Burriss, Baxley, McKay, Hearn, Mattos, Snow and Beasley: A BILL TO AMEND SECTION 56-5-1270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPORTS AND INVESTIGATION OF TRAFFIC ACCIDENTS, SO AS TO INCREASE THE AMOUNT OF PROPERTY DAMAGE.
Referred to Committee on Education and Public Works.
H. 4188 -- Reps. T. Rogers, T.M. Burriss and Hearn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 22-3-600 SO AS TO PROVIDE THAT A MAGISTRATE MAY ISSUE A RULE TO SHOW CAUSE WHY A PERSON SHOULD NOT BE HELD IN CONTEMPT FOR VIOLATION OF A ZONING ORDINANCE.
Referred to Committee on Judiciary.
H. 4189 -- Reps. Sheheen, J. Rogers, J. Bradley, Dangerfield and Beasley: A BILL TO AMEND SECTIONS 40-57-90 AND 40-57-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESIDENCY REQUIREMENTS FOR REAL ESTATE SALESMEN, BROKERS, AND PROPERTY MANAGERS, SO AS TO DELETE THE REQUIREMENT THAT IN ORDER TO OBTAIN A REAL ESTATE LICENSE A PERSON MUST BE A RESIDENT OF SOUTH CAROLINA, AND TO PROVIDE FOR THE LICENSING AND REGULATION OF NONRESIDENT REAL ESTATE SALESMEN, BROKERS, AND PROPERTY MANAGERS.
Referred to Committee on Labor, Commerce and Industry.
H. 4190 -- Reps. Gilbert, McEachin, J. Bradley, Shelton, Pearce, Day, Beasley, O. Phillips, Mappus and Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-1-515 SO AS TO PROVIDE THAT ELECTED MEMBERS OF MUNICIPAL GOVERNMENTS MAY BECOME MEMBERS OF THE STATE RETIREMENT SYSTEM AND MAY PURCHASE UP TO FIVE YEARS OF PRIOR SERVICE CREDIT.
Referred to Committee on Ways and Means.
S. 1391 -- Senator Martin: A BILL TO AMEND SECTION 7-7-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS IN FAIRFIELD COUNTY, SO AS TO REVISE THE PRECINCTS.
Referred to Fairfield Delegation.
Rep. LEWIS asked unanimous consent to amend the following Bill on third reading, which was agreed to.
H. 3861 -- Rep. Lewis: A BILL TO AMEND SECTION 33-55-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RECOVERY OF DAMAGES AGAINST CHARITABLE ORGANIZATIONS AND TO THE LIABILITY OF A HEALTH CARE PROVIDER FOR SERVICES RENDERED VOLUNTARILY AND WITHOUT COMPENSATION, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN PROVISIONS, PROVIDE THAT AN ACTION AGAINST ANY CHARITABLE ORGANIZATION UNDER SECTIONS 33-55-210 THROUGH 33-55-230 CONSTITUTES A COMPLETE BAR TO ANY RECOVERY BY THE CLAIMANT, BY REASON OF THE SAME SUBJECT MATTER, AGAINST THE EMPLOYEE OF THE CHARITABLE ORGANIZATION WHOSE ACT OR OMISSION CAVE RISE TO THE CLAIM EXCEPT UNDER CERTAIN CONDITIONS, AND PROVIDE THAT NO JUDGMENT AGAINST AN EMPLOYEE OF A CHARITABLE ORGANIZATION MAY BE RETURNED UNLESS A SPECIFIC FINDING IS MADE THAT THE EMPLOYEE ACTED IN A RECKLESS, WILFUL, OR GROSSLY NEGLIGENT MANNER; AND TO REPEAL SECTION 33-55-220, RELATING TO THE PROVISION THAT THE BAR TO ANY ACTION AGAINST THE EMPLOYEE OF A CHARITABLE ORGANIZATION DOES NOT APPLY WHERE THE EMPLOYEE IS ADJUDGED TO HAVE ACTED RECKLESSLY, WANTONLY, OR WITH GROSS NEGLIGENCE.
Rep. CORNING, with unanimous consent, withdrew his objection to H. 2197 however, other objections remained upon the Bill.
On motion of Rep. AYDLETTE, with unanimous consent, the following Bill was taken up for immediate consideration.
H. 3817 -- Reps. Foxworth, Aydlette, Winstead, Whipper, D. Martin, Washington,. Mappus, Kohn and J. Bradley: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO DELETE THE PROVISION PROVIDING FOR THE NOMINATION OF CONSTITUENT TRUSTEES BY PETITION.
The Bill was read the second time and ordered to third reading.
On motion of Rep. AYDLETTE, with unanimous consent, it was ordered that H. 3817 be read the third time tomorrow.
On motion of Rep. T. ROGERS, with unanimous consent, the following Bill was introduced, read the first time, and referred to appropriate committee:
H. 4191 -- Rep. T. Rogers: A BILL TO AMEND SECTION 23-1-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BONDS OF PEACE OFFICERS WITHOUT PAY WHO ARE APPOINTED BY THE GOVERNOR, SO AS TO PROVIDE THAT A BLANKET BOND MAY BE USED IN ANY COUNTY TO FULFILL THE BOND REQUIREMENT OF SECURITY GUARDS.
Referred to the Committee on Judiciary.
On motion of Rep. ELLIOTT, with unanimous consent, the following Bill was introduced, read the first time, and referred to appropriate committee:
H. 4192 -- Rep. Elliott: A BILL TO REQUIRE RAILROAD COMPANIES TO PROVIDE AND MAINTAIN FREE ACCESS OVER TRACKS TO ANY PROPERTY OWNER WHO MUST CROSS THE TRACKS FOR ACCESS TO HIS PROPERTY.
Referred to the Committee on Education and Public Works.
The Senate Amendments to the following Bill were taken up for consideration.
H. 3455 -- Rep. McEachin: A BILL TO AMEND ARTICLE 1, CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTECTION OF GAME, BY ADDING SECTION 50-11-125 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO SELL LIVE WOLVES WITHIN THE STATE OR TO SHIP OR IMPORT LIVE WOLVES INTO THIS STATE, EXCEPT FOR EXHIBITION PURPOSES UPON THE APPROVAL OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT.
The Senate Amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate Amendments to the following Bill were taken up for consideration.
H. 3771 -- Education and Public Works Committee: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 130 SO AS TO PROVIDE FOR A BOARD OF TRUSTEES FOR THE COLLEGE OF CHARLESTON, BY ADDING CHAPTER 133 SO AS TO PROVIDE FOR A BOARD OF TRUSTEES FOR FRANCIS MARION COLLEGE, AND BY ADDING CHAPTER 135 SO AS TO PROVIDE FOR A BOARD OF TRUSTEES FOR LANDER COLLEGE; TO AMEND SECTION 59-131-10, RELATING TO AUTHORIZATION TO THE STATE COLLEGE BOARD OF TRUSTEES TO PROVIDE PARKING FACILITIES AT THE COLLEGE OF CHARLESTON, SO AS TO DELETE REFERENCE TO THE STATE COLLEGE BOARD OF TRUSTEES, PROVIDE REFERENCE TO THE BOARD OF TRUSTEES FOR THE COLLEGE OF CHARLESTON, AND DELETE CERTAIN LANGUAGE; TO AMEND SECTION 59-131-30, RELATING TO PARKING FACILITIES AT THE COLLEGE OF CHARLESTON AND THE REQUIREMENT THAT BONDS ARE PAYABLE SOLELY FROM REVENUES OF PARKING FACILITIES, SO AS TO, AMONG OTHER THINGS, DELETE REFERENCE TO THE STATE COLLEGE BOARD OF TRUSTEES AND PROVIDE REFERENCE TO THE BOARD OF TRUSTEES FOR THE COLLEGE OF CHARLESTON; TO AMEND SECTION 59-101-10, RELATING TO THE DESIGNATION OF STATE COLLEGES AND UNIVERSITIES, SO AS TO, AMONG OTHER THINGS, LIST THE COLLEGE OF CHARLESTON, LANDER COLLEGE, AND FRANCIS MARION COLLEGE AS SEPARATE AND DISTINCT INSTITUTIONS, EACH UNDER ITS SEPARATE GOVERNING BOARD: TO AMEND SECTION 59-101-20, RELATING TO THE TRANSFER OF THE COLLEGE OF CHARLESTON TO THE STATE, SO AS TO DELETE PROVISIONS RELATING TO THE COLLEGE BEING GOVERNED BY THE STATE COLLEGE BOARD OF TRUSTEES AND CERTAIN OTHER OBSOLETE PROVISIONS; TO AMEND SECTION 59-101-30, RELATING TO THE TRANSFER OF LANDER COLLEGE TO THE STATE, SO AS TO DELETE CERTAIN OBSOLETE PROVISIONS AND THE PROVISION THAT THE COLLEGE IS GOVERNED BY THE STATE COLLEGE BOARD OF TRUSTEES; TO AMEND SECTION 59-111-340, RELATING TO THE INSTITUTIONS TO WHICH THE LAWS DEALING WITH FREE TUITION FOR RESIDENTS SIXTY-FIVE YEARS OF AGE APPLY, SO AS TO DELETE REFERENCE TO INSTITUTIONS UNDER THE JURISDICTION OF THE STATE COLLEGE BOARD OF TRUSTEES; TO AMEND SECTION 59-112-10, RELATING TO THE DEFINITION OF "STATE INSTITUTION" FOR PURPOSES OF THE LAWS DEALING WITH DETERMINATION OF RATES OF TUITION AND FEES, SO AS TO DELETE REFERENCE TO THE STATE COLLEGE BOARD OF TRUSTEES AND TO LIST THE BOARDS OF TRUSTEES FOR THE COLLEGE OF CHARLESTON, LANDER COLLEGE, AND FRANCIS MARION COLLEGE; TO REPEAL CHAPTER 105 OF TITLE 59, RELATING TO THE STATE COLLEGE BOARD OF TRUSTEES; TO PROVIDE THAT MEMBERS OF THE STATE COLLEGE BOARD OF TRUSTEES WHO ARE SERVING TERMS ON THAT BOARD ON THE EFFECTIVE DATE OF THIS ACT MAY, AT THEIR OPTION, SERVE AS TRUSTEES ON THE BOARDS OF TRUSTEES FOR THE COLLEGE OF CHARLESTON, FRANCIS MARION COLLEGE, OR LANDER COLLEGE; AND TO PROVIDE FOR THE ELECTION OF THE INITIAL MEMBERS OF THE SEPARATE BOARDS OF TRUSTEES FOR THE COLLEGE OF CHARLESTON, FRANCIS MARION COLLEGE, AND LANDER COLLEGE.
Reps. BEASLEY and DAY proposed the following Amendment No. 2 (Doc. No. 3284J).
Amend the bill, as and if amended, by.striking all after the enacting words and inserting:
/SECTION 1. Title 59 of the 1976 Code is amended by adding:
Section 59-130-10. There is created a board of trustees for the College of Charleston composed of three ex-officio members who are the Governor of the State or his designee, the chairman of the House Committee on Education and Public Works or his designee, and the chairman of the Senate Committee on Education or his designee; and fourteen members who must be elected by the General Assembly. The General Assembly shall elect members to the board based on merit regardless of race, color, creed, or gender and shall strive to assure that the membership of the board is representative of all citizens Or the State.
Of the fourteen members elected by the General Assembly, two must be elected from each congressional district and the remaining two members must be elected from the State at large. The seats on the board which are filled by election of the General Assembly must be numbered consecutively as follows: for First Congressional District, Seat One and Seat Two; for the Second Congressional District, Seat Three and Seat Four; for the Third Congressional District, Seat Five and Seat Six; for the Fourth Congressional District, Seat Seven and Seat Eight; for the Fifth Congressional District, Seat Nine and Seat Ten; for the Sixth Congressional District, Seat Eleven and Seat Twelve; for the at-large positions, Seat Thirteen and Seat Fourteen.
In the 1988 legislative session, the General Assembly shall elect members to fill the even-numbered seats for four-year terms expiring in 1992 and to fill the odd-numbered seats for two-year terms expiring in 1990. The General Assembly shall hold elections every even-numbered year after 1988 to elect successors of trustees whose terms are then expiring. After the election in 1988, all board members elected by the General Assembly must be elected to serve terms of four years.
Terms of members elected by the General Assembly commence on the first day of July of the year in which the member is elected and continue until the thirtieth day of June of the year in which the term is scheduled to expire. However, every elected trustee shall serve after his term has expired until his successor is elected and qualifies.
No election may be held before April first of the year in which a successor's term is to commence, unless an elective office becomes vacant. If an elective office becomes vacant, the Governor may fill the vacancy until the next session of the General Assembly when the General Assembly may hold an election at any time during the session to fill the vacancy for the unexpired portion of the term.
If the Governor, the chairman of the House Committee on Education and Public Works, or the chairman of the Senate Committee on Education chooses to designate a member to serve in his place, the appointment is effective upon certification to the Secretary of State and shall continue, at the pleasure of the one making the designation, so long as he continues to hold the specified office.
Section 59-130-20. Members of the board are entitled to subsistence, per diem, and mileage authorized for members of state boards, committees, and commissions.
Section 59-130-30. The board of trustees is constituted a body corporate and politic under the name of the 'Board of Trustees for the College of Charleston'. The board has the power to:
(1) have perpetual succession;
(2) sue and be sued by the corporate name;
(3) have a seal and to alter it at pleasure;
(4) make contracts and to have, to hold, to purchase, and to lease real estate and personal property for corporate purposes, and to sell and dispose of personal property and any building considered by it as surplus property or not further needed, and any buildings that it may need to do away with for the purpose of making room for other construction. The board does not have power to sell or dispose of any of its real estate, other than buildings, except with the consent of the State Budget and Control Board;
(5) appoint a chairman of the board of trustees and to appoint a college president, treasurer, and secretary, and, in the appointment of these latter three, to prescribe their duties and their terms of office and to fix their compensation;
(6) appoint or otherwise provide for the appointment of subordinate and assistant officers and agents, faculty members, instructors, and other employees prescribing the terms of their employment and their duties and fixing their compensations;
(7) make bylaws and regulations for the management of its affairs and its own operations not inconsistent with law;
(8) condemn land for corporate purposes as provided by law;
(9) fix tuition fees and other charges for students attending the college, not inconsistent with law;
(10) confer degrees upon students and other persons the board considers qualified;
(11) accept, receive, and hold all monies or other properties, real, personal, and mixed, that may be given, conveyed, bequeathed, or devised to the college and to use them for the benefit of the college, but in those cases where the money or property is received, charged with any trust, the money or property must be held and used strictly in accordance with the terms of the trust. If the terms of the trust require something to be done other than to administer the trust, no obligation in receiving the trust over and above its administration is binding upon the college or the State, except any obligation accepted by the General Assembly;
(12) assign any member of the faculty without additional salary to additional duties in any other college department than that in which the faculty member may at the time be working;
(13) compel by subpoena, rule, and attachment witnesses to appear and testify and papers to be produced and read before the board in all investigations relating to the affairs of the college;
(14) adopt measures and make regulations as the board considers necessary for the proper operation of the college;
(15) appoint for the college a board of visitors of a number as it may determine, to regulate the terms during which the members of the board of visitors serve, and to prescribe their functions;
(16) remove any officer, faculty member, agent, or employee for incompetence, neglect of duty, violation of college regulations, or conduct unbecoming a person occupying such a position;
(17) appoint an executive committee not exceeding five members of the board who have the powers of the board during the interim between meetings of the board but not the power to do anything inconsistent with the policy or action taken by the board, and the executive committee at each meeting of the board shall report fully all action taken by it during the interim;
(18) appoint committees of the board or officers or members of the faculty of the college with authority and for purposes in connection with the operation of the college as the board considers necessary.
Section 59-130-40. The board of trustees shall meet not less frequently than quarterly, the time and place of each such regular meeting to be fixed by the chairman of the board or otherwise as the board of trustees provides. If the Governor chooses to serve as an ex officio member of the board, he shall preside at all regular and special meetings of the board of trustees in which he is in attendance. At those meetings at which the Governor is not in attendance the chairman of the board of trustees shall preside and in his absence such member shall preside as the board may select. The Governor of the State (if serving as an ex officio member of the board), the chairman of the board of trustees, and the president of the College each has the power to call a special meeting of the board of trustees and fix the time and place thereof. Any five members of the board likewise have this power. A majority of the members of the board constitutes a quorum for the transaction of all business of the board but not less than a majority vote of the whole board is required for the election or removal of a president. It is the duty of the president and other officers, as well as members of the faculty, to attend meetings of the board when requested to do 90.
Notice of the time and place of all meetings, both regular and special, of the board must be mailed by the secretary or his assistant to each trustee not less than five days before each meeting of the board.
Section 59-130-50. Upon approval of the State Budget and Control Board, the Board of Trustees for the College of Charleston is authorized to lease or sell any real property which may have been or may be donated to the college during any fund campaign. The proceeds of any lease or sale must be applied to the original purpose of the donation of the property leased or sold."
SECTION 2. Section 59-131-10 of the 1976 Code is amended to read:
"Section 59-131-10. Subject to the conditions of this chapter, the State College Board of Trustees for the College of Charleston are is authorized to:
(a) provide parking facilities, including one or more multilevel parking garage facilities, on its properties, heretofore or hereafter acquired at the college and on property in the vicinity of the college leased by the City of: Charleston to the State for not less than ninety-nine years under the terms and conditions of an agreement between the City and the State College Board of Trustee board providing for the operation and maintenance of the parking facilities to be constructed thereon, on the property which has been found legally adequate by the Attorney General and approved by the Budget and Control Board after review by the Bond Review Committee created by Section 2-47-20;
(b) promulgate rules and regulations concerning the use of such the facilities, including rules regulations requiring those who undertake to park motor vehicles on the properties of the trustees of the College to utilize such the facilities; and
(c) to establish and maintain, and revise from time to time, whenever necessary, a schedule of rates and charges for the use of such the facilities, which shall must be designed to provide not less than the sums required to pay principal and interest of any bonds authorized pursuant to this chapter."
SECTION 3. Section 59-131-30 of the 1976 Code is amended to read:
"Section 59-131-30. All bonds issued pursuant to this chapter shall be are payable from the revenues derived from all parking facilities which the trustees may now or hereafter possess at the college, including parking facilities on property leased to the State under the terms and conditions of an agreement described in item (a) of Section 59-131-10(a), and such the revenues shall must be pledged to the payment of the principal and interest of such the bonds in the manner herein provided. The State College Board of Trustees board may, in its discretion, determine with respect to each parking facility to pledge either the entire revenues derived from such the parking facility or the revenues derived from such the parking facility remaining after defraying the cost of operation and maintenance of such the parking facility. In the issuance of such the bonds, the trustees may reserve the right to issue additional bonds payable from such the revenues and on a parity with the bonds authorized by this chapter, whether issued pursuant to this chapter or pursuant to legislation hereafter enacted any other provision of law."
SECTION 4. Title 59 of the 1976 Code is amended by adding:
Section 59-133-10. There is created a board of trustees for Francis Marion College composed of three ex-officio members who are the Governor of the State or his designee, the chairman of the House Committee on Education and Public Works or his designee, and the chairman of the Senate Committee on Education or his designee; and fourteen members who must be elected by the General Assembly. The General Assembly shall elect members to the board based on merit regardless of race, color, creed, or gender and shall strive to assure that the membership of the board is representative of all citizens of the State.
Of the fourteen members elected by the General Assembly, two must be elected from each congressional district and the remaining two members must be elected from the State at large. The seats on the board which are filled by election of the General Assembly must be numbered consecutively as follows: for First Congressional District, Seat One and Seat Two; for the Second Congressional District, Seat Three and Seat Four for the Third Congressional District, Seat Five and Seat Six; for the Fourth Congressional District, Seat Seven and Seat Eight; for the Fifth Congressional District, Seat Nine and Seat Ten; for the Sixth Congressional District, Seat Eleven and Seat Twelve; for the at-large positions, Seat Thirteen and Seat Fourteen.
In the 1988 legislative session, the General Assembly shall elect members to fill the even-numbered seats for four-year terms expiring in 1992 and to fill the odd-numbered seats for two-year terms expiring in 1990. The General Assembly shall hold elections every even numbered year after 1988 to elect successors of trustees whose terms are then expiring. After the election in 1988, all board members elected by the General Assembly must be elected to serve terms of four years.
Terms of members elected by the General Assembly commence on the first day of July of the year in which the member is elected and continue until the thirtieth day of June of the year in which the term is scheduled to expire. However, every elected trustee shall serve after his term has expired until his successor is elected and qualifies.
No election may be held before April first of the year in which a successor's term is to commence, unless an elective office becomes vacant. If an elective office becomes vacant, the Governor may fill the vacancy until the next session of the General Assembly when the General Assembly may hold an election at any time during the session to fill the vacancy for the unexpired portion of the term.
If the Governor, the chairman of the House Committee on Education and Public Works, or the chairman of the Senate Committee on Education chooses to designate a member to serve in his place, the appointment is effective upon certification to the Secretary of State and continues, at the pleasure of the one making the designation, so long as he continues to hold the specified office.
Section 59-133-20. Members of the board are entitled to subsistence, per diem, and mileage authorized for members of state boards, committees, and commissions.
Section 59-133-30. The board of trustees is constituted a body corporate and politic under the name of the 'Board of Trustees for Francis Marion College'. The board has the power to:
(1) have perpetual succession;
(2) sue and be sued by the corporate name;
(3) have a seal and to alter it at pleasure;
(4) make contracts and to have, to hold, to purchase, and to lease real estate and personal property for corporate purposes, and to sell and dispose of personal property and any building considered by it as surplus property or not further needed, and any buildings that it may need to do away with for the purpose of making room for other construction. The board does not have power to sell or dispose of any of its real estate, other than buildings, except with the consent of the State Budget and Control Board;
(5) appoint a chairman of the board of trustees and to appoint a college president, treasurer, and secretary, and, in the appointment of these latter three, to prescribe their duties and their terms of office and to fix their compensation;
(6) appoint or otherwise provide for the appointment of subordinate and assistant officers and agents, faculty members, instructors and other employees prescribing the terms of their employment, their duties, and fixing their compensations;
(7) make bylaws and regulations for the management of its affairs and its own operations not inconsistent with law;
(8) condemn land for corporate purposes as provided by law;
(9) fix tuition, fees, and other charges for students attending the college, not inconsistent with law;
(10) confer degrees upon students and other persons the board considers qualified;
(11) accept, receive, and hold all monies or other properties, real, personal, and mixed, that may be given, conveyed, bequeathed, or devised to the college and to use them for the benefit of the college, but in those cases where the money or property is received, charged with any trust, the money or property must be held and used strictly in accordance with the terms of the trust. If the terms of the trust require something to be done other than to administer the trust, no obligation in receiving the trust over and above its administration is binding upon the college or the State, except any obligation accepted by the General Assembly;
(12) assign any member of the faculty without additional salary to additional duties in any other college department than that in which the faculty member may at the time be working;
(13) compel by subpoena, rule, and attachment witnesses to appear and testify and papers to be produced and read before the board in all investigations relating to the affairs of the college;
(14) adopt measures and make regulations as the board considers necessary for the proper operation of the college;
(15) appoint for the college a board of visitors of a number as it may determine, to regulate the terms during which the members of the board of visitors serve, and to prescribe their functions;
(16) remove any officer, faculty member, agent, or employee for incompetence, neglect of duty, violation of college regulations, or conduct unbecoming a person occupying such a position;
(17) appoint an executive committee not exceeding five members of the board who have the powers of the board during the interim between meetings of the board but not the power to do anything inconsistent with the policy or action taken by the board, and the executive committee at each meeting of the board shall report fully all action taken by it during the interim;
(18) appoint committees of the board or officers or members of the faculty of the college with authority and for purposes in connection with the operation of the college as the board considers necessary.
Section 59-133-40. The board of trustees shall meet not less frequently than quarterly, the time and place of each such regular meeting to be fixed by the chairman of the board or otherwise as the board of trustees provides. If the Governor chooses to serve as an ex officio member of the board, he shall preside at all regular and special meetings of the board of trustees in which he is in attendance. At those meetings at which the Governor is not in attendance, the chairman of the board of trustees shall preside and in his absence such member shall preside as the board may select. The Governor of the State (if serving as an ex officio member of the board), the chairman of the board of trustees, and the president of the college each has the power to call a special meeting of the board of trustees and fix the time and place thereof. Any five members of the board likewise have this power. A majority of the members of the board of trustees constitutes a quorum for the transaction of all business of the board but not less than a majority vote of the whole board is required for the election or removal of a president. It is the duty of the president and other officers, as well as members of the faculty, to attend meetings of the board of trustees when requested to do so.
Notice of the time and place of all meetings, both regular and special, of the board must be mailed by the secretary or his assistant to each trustee not less than five days before each meeting of the board.
Section 59-133-50. Upon approval of the State Budget and Control Board, the Board of Trustees for Francis Marion College is authorized to lease or sell any real property which may have been or may be donated to the college during any fund campaign. The proceeds of any lease or sale must be applied to the original purpose of the donation of the property leased or sold."
SECTION 5. Title 59 of the 1976 Code is amended by adding:
Section 59-135-10. There is created a board of trustees for Lander College composed of three ex-officio members who are the Governor of the State or his designee, the chairman of the House Committee on Education and Public Works or his designee, and the chairman of the Senate Committee on Education or his designee; and fourteen members who must be elected by the General Assembly. The General Assembly shall elect members to the board based on merit regardless of race, color, creed, or gender and shall strive to assure that the membership of the board is representative of all citizens of the State.
Of the fourteen members elected by the General Assembly, two must be elected from each congressional district and the remaining two members must be elected from the State at large. The seats on the board which are filled by election of the General Assembly must be numbered consecutively as follows: for First Congressional District, Seat One and Seat Two; for the Second Congressional District, Seat Three and Seat Four; for the Third Congressional District, Seat Five and Seat Six; for the Fourth Congressional District, Seat Seven and Seat Eight; for the Fifth Congressional District, Seat Nine and Seat Ten; for the Sixth Congressional District, Seat Eleven and Seat Twelve; for the at-large positions, Seat Thirteen and Seat Fourteen.
In the 1988 legislative session, the General Assembly shall elect members to fill the even-numbered seats for four-year terms expiring in 1992 and to fill the odd-numbered seats for two-year terms expiring in 1990. The General Assembly shall hold elections every even numbered year after 1988 to elect successors of trustees whose terms are then expiring. After the election in 1988, all board members elected by the General Assembly must be elected to serve terms of four years.
Terms of members elected by the General Assembly commence on the first day of July of the year in which the member is elected and continue until the thirtieth day of June of the year in which the term is scheduled to expire. However, every elected trustee shall serve after his term has expired until his successor is elected and qualifies.
No election may be held before April first of the year in which a successor's term is to commence, unless an elective office becomes vacant. If an elective office becomes vacant, the Governor may fill the vacancy until the next session of the General Assembly when the General Assembly may hold an election at any time during the session to fill the vacancy for the unexpired portion of the term.
None of the members of the board elected by the General Assembly may serve for more than three full four-year terms or twelve years, whichever is longer. Two-year terms to which members are elected in the 1988 election are not to be counted in determining when a member has served the maximum number of years or terms.
If the Governor, the chairman of the House Committee on Education and Public Works, or the chairman of the Senate Committee on Education chooses to designate a member to serve in his place, the appointment is effective upon certification to the Secretary of State and continues, at the pleasure of the one making the appointment, so long as he continues to hold the specified office.
Section 59-135-20. Members of the board are entitled to subsistence, per diem, and mileage authorized for members of state boards, committees, and commissions.
Section 59-135-30. The board of trustees is constituted a body corporate and politic under the name of the 'Board of Trustees for Lander College'. The corporation has the power to:
(1) have perpetual succession;
(2) sue and be sued by the corporate name;
(3) have a seal and to alter it at pleasure;
(4) make contracts and to have, to hold, to purchase, and to lease real estate and personal property for corporate purposes, and to sell and dispose of personal property and any building considered by it as surplus property or not further needed, and any buildings that it may need to do away with for the purpose of making room for other construction. The board does not have power to sell or dispose of any of its real estate, other than buildings, except with the consent of the State Budget.and Control Board;
(5) appoint a chairman of the board of trustees and to appoint a college president, treasurer, and secretary, and, in the appointment of these latter three, to prescribe their duties and their terms of office and to fix their compensation;
(6) appoint or otherwise provide for the appointment of subordinate and assistant officers and agents, faculty members, instructors, and other employees prescribing the terms of their employment, their duties, and fixing their compensation;
(7) make bylaws and regulations for the management of its affairs and its own operations not inconsistent with law;
(8) condemn land for corporate purposes as provided by law;
(9) fix tuition, fees, and other charges for students attending the college, not inconsistent with law;
(10) confer degrees upon students and other persons as the board considers qualified;
(11) accept, receive, and hold all monies or other properties, real, personal, and mixed, that may be given, conveyed, bequeathed, or devised to the college and to use them for the benefit of the college, but in those cases where the money or property is received, charged with any trust, the money or property must be held and used strictly in accordance with the terms of the trust. If the terms of the trust require something to be done other than to administer the trust, no obligation in receiving the trust over and above its administration is binding upon the college or the State, except any obligation accepted by the General Assembly;
(12) assign any member of the faculty without additional salary to additional duties in any other college department than that in which the faculty member may at the time be working;
(13) compel by subpoena, rule, and attachment witnesses to appear and testify and papers to be produced and read before the board in all investigations relating to the affairs of the college;
(14) adopt measures and make regulations as the board considers necessary for the proper operation of the college;
(15) appoint for the college a board of visitors of a number as it may determine, to regulate the terms during which the members of the board of visitors serve, and to prescribe their functions;
(16) remove any officer, faculty member, agent, or employee for incompetence, neglect of duty, violation of college regulations, or conduct unbecoming a person occupying such a position;
(17) appoint an executive committee not exceeding five members of the board who have the powers of the board during the interim between meetings of the board but not the power to do anything inconsistent with the policy or action taken by the board, and the executive committee at each meeting of the board shall report fully all action taken by it during the interim;
(18) appoint committees of the board or officers or members of the faculty of the college with authority and for purposes in connection with the operation of the college as the board considers necessary.
Section 59-135-40. The board of trustees shall meet not less frequently than quarterly, the time and place of each such regular meeting to be fixed by the chairman of the board or otherwise as the board of trustees provides. If the Governor chooses to serve as an ex officio member of the board, he shall preside at all regular and special meetings of the board of trustees in which he is in attendance. At those meetings at which the Governor is not in attendance, the chairman of the board of trustees shall preside and in his absence such member shall preside as the board may select. The Governor of the State (if serving as an ex officio member of the board), the chairman of the board of trustees, and the president of the College shall each have the power to call a special meeting of the board of trustees and fix the time and place thereof. Any five members of the board likewise have this power. A majority of the members of the board of trustees constitutes a quorum for the transaction of all business of the board but not less than a majority vote of the whole board is required for the election or removal of a president. It is the duty of the president and other officers as well as members of the faculty to attend meetings of the board of trustees when requested to do so.
Notice of the time and place of all meetings, both regular and special, of the board of trustees of Lander College must be mailed by the secretary or his assistant to each trustee not less than five days before each meeting.
Section 59-135-50. Upon approval of the State Budget and Control Board, the board is authorized to lease or sell any real property which may have been or may be donated to the college during any fund campaign. The proceeds of any lease or sale must be applied to the original purpose of the donation of the property leased or sold."
SECTION 6. Section 59-101-10 of the 1976 Code is amended to read:
"Section 59-101-10. There shall be are universities and colleges as follows: One one located in the city of Columbia, styled the University of South Carolina; another in or near the town of Orangeburg, styled South Carolina State College; Clemson University; another known as Winthrop College, the South Carolina College for Women; another styled The Citadel, the Military College of South Carolina; and the Medical University of South Carolina; the College of Charleston; another in or near the Town of Greenwood, styled Lander College; and another in or near the Town of Florence, styled Francis Marion College. They shall be are separate and distinct institutions, each under its separate board of trustees or visitors."
SECTION 7. Section 59-101-20 of the 1976 Code is amended to read:
"Section 59-101-20. (A) The State is hereby authorized to acquire all property of the College of Charleston, real, personal, or mixed, and to operate the college as a State-supported state-supported institution of higher learning.
(B) The College of Charleston shall be governed by the State college board of trustees as created by Section 59-105-10 to 59-105-70.
(C) The present governing body of the College of Charleston shall continue its operation until July 1, 1970, at which time this body shall be dissolved."
SECTION 8. Section 59-101-30 of the 1976 Code is amended to read:
"Section 59-101-30. (1)(A) The State of South Carolina is hereby authorized to acquire all that property known as Lander College, real, personal, and mixed, from the Lander Foundation, a political subdivision created by Act 110 of 1951, and to operate the college as a State-supported state-supported institution of higher learning.
(2)(B) The Lander Foundation is authorized to transfer Lander College and all of its properties, real, personal, and mixed, to the State of South Carolina under such terms as may be mutually agreed upon, and is further authorized to transfer endowment or trust properties and funds which are not to be transferred to the State to an appropriate foundation or eleemosynary corporation upon such terms as the trustees shall determine.
(3) The present governing body of Lander College shall continue its operation until July 1, 1973, at which time this body shall be dissolved, if at that time the college has been acquired by the State. After acquisition by the State, Lander College shall be governed by the State College Board of Trustees."
SECTION 9. Section 59-111-340 of the 1976 Code is amended to read:
"Section 59-111-340. The provisions of this article shall apply to:
(1) Those institutions enumerated in Section 59-107-10 and to the branches and extensions of those institutions;.
(2) Those institutions under the jurisdiction of the State College Board of Trustees; and
(3)(2) Those institutions under the jurisdiction of the State Board for Technical and Comprehensive Education."
SECTION 10. Section 59-112-10A of the 1976 Code is amended to read:
"A. The words 'State Institution' shall mean those post-secondary educational institutions under the jurisdiction of --:
(1) the Board of Trustees, Clemson University;.
(2) the Board of Trustees, Medical University of South Carolina;.
(3) the Board of Trustees, South Carolina State College;.
(4) the State College Board of Trustees for the College of Charleston;.
(5) the Board of Trustees for Lander College.
(6) the Board of Trustees for Francis Marion College.
(5)(7) the Board of Visitors, The Citadel;.
(6)(8) the Board of Trustees, the University of South Carolina;.
(7)(9) the Board of Trustees, Winthrop College;.
(8)(10) the State Board of Technical and Comprehensive Education."
SECTION 11. Chapter 105 of Title 59 of the 1976 Code is repealed.
SECTION 12. Members of the State College Board of Trustees who are serving terms on that board on the effective date of this act may, at their option, serve as trustees on the boards of trustees for the College of Charleston, Francis Marion College, or Lander College, as hereinafter provided. Members on the State College Board Planning Committee for the College of Charleston may exercise this option to serve only on the Board of Trustees for the College of Charleston. Members on the State College Board Planning Committee for Francis Marion College may exercise this option to serve only on the Board of Trustees for Francis Marion College. Members of the State College Board Planning Committee for Lander College may exercise this option to serve only on the Board of Trustees for Lander College. The chairman of the State College Board of Trustees may exercise the option to serve on any one of the three boards of trustees but he may not serve on more than one board. All board seats created by a member of the State College Board of Trustees exercising the option allowed by this section shall cease to exist upon June 30, 1990, or upon the death, resignation, or removal of the trustee exercising the option, whichever occurs first. To exercise the option to serve on one of the boards of trustees of the three colleges, members of the State College Board of Trustees must notify the Secretary of State of their decision in writing before July 1, 1988.
SECTION 13. The General Assembly shall elect initial members of the separate boards of trustees for the College of Charleston, Francis Marion College, and Lander College before July 1, 1988, in accordance with the provisions of this act, but not sooner than April 1, 1988.
SECTION 14. Except as otherwise specifically provided in this act, this act takes effect July 1, 1988./
Amend title to conform.
Rep. BEASLEY explained the amendment.
Rep. McLELLAN moved that the House stand adjourned upon the completion of the Ratification of Acts, which was adopted.
Further proceedings were interrupted by the Ratification of Acts, the pending question being consideration of Amendment No. 2, Rep. BEASLEY having the floor.
At 11:45 A.M. the House attended in the Senate Chamber, where the following Acts were duly ratified.
(R490) S. 415 -- Judiciary Committee: AN ACT TO AMEND CHAPTERS 1 THROUGH 20 OF TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUSINESS CORPORATIONS, SO AS TO ENACT THE "SOUTH CAROLINA BUSINESS CORPORATION ACT OF 1988" INCLUDING PROVISIONS RELATING TO INCORPORATION OF BUSINESS ORGANIZATIONS, PURPOSES, AND POWERS OF CORPORATIONS, NAMES, OFFICES, AND AGENTS, SHARES AND DISTRIBUTIONS, SHAREHOLDERS, DIRECTORS, AND OFFICERS, AMENDMENTS OF ARTICLES OF INCORPORATION AND BYLAWS, MERGER AND SHARE EXCHANGE, SALE OF ASSETS, DISSENTERS' RIGHTS, DISSOLUTION, FOREIGN CORPORATIONS, RECORDS, AND REPORTS, CLOSE CORPORATIONS, PROFESSIONAL CORPORATIONS, AND TRANSITION PROVISIONS; TO AMEND CHAPTER 2 OF TITLE 35, RELATING TO THE TAKE-OVER BID DISCLOSURE ACT, SO AS TO REVISE THE PROVISIONS OF THE CHAPTER TO REGULATE CONTROL SHARE ACQUISITIONS AND BUSINESS COMBINATIONS; TO AMEND SECTIONS 33-42-30 AND 12-19-20, BOTH AS AMENDED, AND 12-19-70, 12-19-120, 15-9-210, 15-9-240, 15-9-245, AND 15-9-430, RELATING TO THE NAME OF A LIMITED PARTNERSHIP, FILING OF ANNUAL REPORTS, CORPORATE LICENSE FEES OR TAXES, AND SERVICE OF PROCESS, SO AS TO CONFORM THEM TO THE NEW PROVISIONS OF THE SOUTH CAROLINA BUSINESS CORPORATION ACT OF 1988 AND TO MAKE CERTAIN OTHER CHANGES; TO AMEND THE 1976 CODE BY ADDING SECTION 12-7-1675 SO AS TO PROVIDE FOR ADMINISTRATIVE DISSOLUTION OF A CORPORATION FOR FAILURE TO PAY FRANCHISE OR INCOME TAXES WHEN DUE AND BY ADDING SECTION 12-54-125 SO AS TO ALLOW THE TAX COMMISSION TO WITHDRAW WARRANTS OF DISTRAINT FOR DISSOLVED CORPORATIONS UNDER CERTAIN CONDITIONS; AND TO REPEAL SECTIONS 12-19-130, 15-9-260, 15-63-20 THROUGH 15-63-50, 33-51-10 THROUGH 33-51-170 AND CHAPTERS 21, 23, AND 25 OF TITLE 33 RELATING TO THE TIME FOR FILING OF ANNUAL REPORTS AND PAYMENT OF FEES OR TAXES, SERVICE OF PROCESS, CHARTER ANNULMENT, PROFESSIONAL ASSOCIATIONS, DISSOLUTION, FOREIGN BUSINESS CORPORATIONS, ANNUAL REPORTS, POWERS OF THE SECRETARY OF STATE, AND MISCELLANEOUS MATTERS.
(R491) S. 1328 -- Senator Dennis: AN ACT TO AMEND SECTION 22-2-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURY AREAS FOR MAGISTRATES' COURTS FOR ALL COUNTIES, SO AS TO REVISE THE AREAS ESTABLISHED FOR BERKELEY COUNTY.
(R492) S. 1275 -- Senator Waddell: AN ACT TO AMEND ACT 456 OF 1961, AS AMENDED, RELATING TO THE ISSUANCE OF BONDS BY CLEMSON UNIVERSITY FOR STUDENT AND FACULTY HOUSING FACILITIES, SO AS TO INCREASE FROM TWENTY TO THIRTY MILLION DOLLARS THE AUTHORIZED AMOUNT OF THE BONDS.
(R493) S. 1274 -- Senator Waddell: AN ACT TO AMEND ACT 1278 OF 1970, AS AMENDED, RELATING TO THE ISSUANCE OF PLANT IMPROVEMENT BONDS BY CLEMSON UNIVERSITY, SO AS TO INCREASE FROM FIFTEEN TO TWENTY MILLION DOLLARS THE AUTHORIZED AMOUNT OF THE BONDS.
(R494) S. 235 -- Senators Mitchell, Giese, Lourie, Patterson, Fielding and Matthews: AN ACT TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 85 SO AS TO ESTABLISH THE SOUTH CAROLINA INTERAGENCY COUNCIL ON HUNGER AND NUTRITION, TO PRESCRIBE ITS POWERS AND DUTIES, AND TO PROVIDE FOR ITS TERMINATION.
(R495) H. 3381 -- Reps. Wilkins, Corning, Huff, Clyborne, Gentry and Toal: AN ACT TO AMEND SECTION 33-55-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMMUNITY FROM CIVIL LIABILITY OF HEALTH CARE PROVIDERS WHEN PROVIDING FREE AND VOLUNTARY MEDICAL SERVICES AT HOSPITALS AND CERTAIN OTHER LOCATIONS, SO AS TO DELETE THE REQUIREMENT THAT THESE SERVICES BE PROVIDED AT HOSPITALS OR OTHER SPECIFIED LOCATIONS IN ORDER FOR THE HEALTH CARE PROVIDER TO BE SO IMMUNE FROM CIVIL LIABILITY.
(R496) H. 3320 -- Rep. Fair: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-13-287 SO AS TO PROHIBIT THE TRANSFER OF BEER, WINE, OR ALCOHOLIC LIQUOR TO PERSONS UNDER THE AGE OF TWENTY-ONE YEARS FOR THE PURPOSE OF CONSUMPTION, PROVIDE EXCEPTIONS, AND PROVIDE PENALTIES FOR VIOLATIONS; AND TO REPEAL SECTION 61-9-61 RELATING TO THE TRANSFER OR GIFT OF BEER OR WINE TO PERSONS UNDER THE AGE OF TWENTY-ONE YEARS.
(R497) H. 3297 -- Rep. J. Rogers: AN ACT TO AMEND SECTION 58-27-1300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF PROPERTY, POWERS, FRANCHISES, OR PRIVILEGES OF ELECTRIC UTILITIES WITH THE APPROVAL OF THE PUBLIC SERVICE COMMISSION, SO AS TO PROVIDE THAT ANY ELECTRICAL UTILITY WHICH HAS PROPERTY OUTSIDE THIS STATE, THE INITIAL PURCHASE VALUE OF WHICH IS ONE MILLION DOLLARS OR LESS, MAY SELL, ASSIGN, TRANSFER, LEASE, CONSOLIDATE, OR MERGE THIS OUT-OF-STATE PROPERTY WITHOUT PRIOR APPROVAL OF THE PUBLIC SERVICE COMMISSION.
The Senate returned to the House with concurrence the following:
H. 4119 -- Rep. Edwards: A CONCURRENT RESOLUTION TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO PURSUE AGGRESSIVELY A CONTINUATION OF THE THIRTY-FIVE THOUSAND, TWO HUNDRED POUNDS TANDEM AXLE LIMIT FOR TRUCK OPERATORS THROUGH NEGOTIATION WITH THE FEDERAL HIGHWAY COMMISSION.
H. 4151 -- Aiken Delegation: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE GENERAL ASSEMBLY AT THE DEATH OF MR. FRANK M. THOMAS, RETIRED AIKEN COUNTY TREASURER, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
H. 4158 -- Rep. L. Phillips: A CONCURRENT RESOLUTION CONGRATULATING THE GREER CITIZEN AND ITS STAFF FOR CONTINUED EXCELLENCE IN JOURNALISM, FOR HONORS RECENTLY GIVEN ITS STAFF MEMBERS, AND FOR THE NEWSPAPER'S BEING SELECTED FOR THE FIRST PLACE AWARD FOR GENERAL EXCELLENCE BY THE SOUTH CAROLINA PRESS ASSOCIATION, AND COMMENDING THE GREER CITIZEN FOR ITS OUTSTANDING SERVICE TO ITS MANY READERS AND THE COMMUNITY.
At 11:58 A.M. the House in accordance with the motion of Rep. McLELLAN adjourned to meet at 10:00 A.M. tomorrow.
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