Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the ACTING PRESIDENT, Senator COURSON.

JOINT LEGISLATIVE COMMITTEE FOR JUDICIAL SCREENING

TO: The Clerk of the Senate
The Clerk of the House
FROM: Thomas H. Pope, III, Chairman

Judicial Screening Committee
DATE: May 27, 1991

In compliance with the provisions of Act No. 119, 1975 S.C. Acts 122, it is respectfully requested that the following information be printed in the Journals of the Senate and the House.

Respectfully submitted,
/s/Senator Thomas H. Pope, III, Chairman
/s/Rep. Larry E. Gentry, Vice-Chairman
/s/Senator John A. Martin
/s/Senator Isadore E. Lourie
/s/Senator Glenn F. McConnell
/s/Rep. Daniel E. Martin, Sr.
/s/Rep. B. L. Hendricks, Jr.
/s/Rep. James H. Hodges

Pursuant to Act No. 119, 1975 S.C. Acts 122, this Committee met to consider the qualifications of the candidates seeking election to the position of Judge of the Family Court of the Thirteenth Judicial Circuit (Greenville and Pickens Counties), Seat #3.

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. Instead, it is the Committee's role to determine whether a candidate is qualified to sit as a Judge. Under the statute, the Committee's determination in regard to each candidate is not binding on the members of the General Assembly.

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 May 23, 1991, and the portions of the documents submitted by the candidates which were made part of the public record.

Each candidate's file includes 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. These documents may be viewed in the office of the Judicial Screening Committee in Room 402 of the Gressette Building until the date and time of the election.

The candidates were present at the screening and testified under oath.

SENATOR POPE: THIS SCREENING COMMITTEE IS PURSUANT TO ACT 119 OF 1975 REQUIRING THE 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 POSITIONS ON THE BENCH ARE IN OUR JUDGMENT QUALIFIED TO FILL THE POSITIONS. THE INQUIRY WHICH WE UNDERTAKE IS THOROUGH. IT INVOLVES A COMPLETE PERSONAL AND PROFESSIONAL BACKGROUND CHECK ON EVERY CANDIDATE. THE CANDIDATE IS INVESTIGATED BY THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, INCLUDING COURTROOM 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 BOARD OF COMMISSIONERS ON JUDICIAL STANDARDS WITH RESPECT TO SITTING JUDGES. THE CANDIDATE'S PERSONAL DATA QUESTIONNAIRE DETAILS THE PERSONAL HISTORY, HEALTH AND PROFESSIONAL EXPERIENCE AND CONTAINS FIVE LETTERS OF REFERENCE. WE ARE PLANNING TO MOVE EXPEDITIOUSLY BUT THOROUGHLY TODAY, AND WE APOLOGIZE FOR ANY INCONVENIENCE THAT WE HAVE CAUSED THE CANDIDATES OR WILL CAUSE THEM BECAUSE THE SENATE GOES IN SESSION IN A SHORT WHILE AND WE WILL MEET AS LONG AS NECESSARY TO COMPLETE OUR WORK TODAY. THE CANDIDATES, OF COURSE, HERE TODAY ARE HERE FOR THE FAMILY COURT JUDGESHIP IN GREENVILLE. WE DON'T HAVE A DATE OF THE VACANCY AND WE DON'T HAVE THE DATE OF ELECTION DUE TO THE LATE HOUR. WE HAVE A LETTER FROM JUDGE SMITH IN MARCH WHERE HE INDICATED A PLAN TO RETIRE ON SEPTEMBER 15, 1991. THAT IS NOT CONFIRMED AS AN ABSOLUTE DATE. I WOULD REMIND EVERYONE HERE THAT THERE IS A POLICY WHICH THIS COMMITTEE HAS BEEN FOLLOWING SINCE LAST YEAR OF REMINDING THE CANDIDATES AND THE MEMBERS OF THE GENERAL ASSEMBLY THAT COMMITMENTS OR PLEDGES WILL NOT BE MADE UNTIL AFTER SCREENING IS CONCLUDED, AND FOR THE BENEFIT OF THE CANDIDATES, WE EXPECT AND HOPE THAT SCREENING WILL BE CONCLUDED WHEN THE REPORT IS SIGNED, WHICH WE EXPECT WOULD BE NEXT WEEK. THERE IS NO REASON IN THE WORLD, I DON'T BELIEVE, WHY WE WOULDN'T HAVE THE REPORT COMPLETED BY EARLY OR AT LEAST MID-WEEK, AT WHICH POINT WE WOULD CONSIDER THAT YOU WOULD BE FREE TO SEEK ANY COMMITMENTS AND PLEDGES YOU MAY WISH. WE HAVE A COUPLE OF BRIEF MATTERS THAT WE NEED TO TAKE UP IN EXECUTIVE SESSION. I APOLOGIZE TO ALL OF YOU CANDIDATES THAT ARE HERE, BUT WE ARE GOING TO HAVE TO ASK YOU FOR A BRIEF FEW MOMENTS TO LEAVE THE ROOM.

SENATOR POPE: BEFORE WE PROCEED, SINCE ALL THE CANDIDATES ARE HERE, AND AS YOU ALL ARE SCREENED, YOU ARE PERFECTLY FREE TO LEAVE WHEN WE CONCLUDE OUR QUESTIONS. I WOULD TELL ALL OF YOU THIS, TO AVOID ANY CONFUSION THE REPORT WE EXPECT WILL BE SIGNED--IT'S OFFICIAL BY PLEDGING AS SOON AS THE LAST COMMITTEE MEMBER SIGNS IT. WE EXPECT THAT WILL BE PERHAPS TUESDAY, AND CERTAINLY BY WEDNESDAY OF NEXT WEEK. THE PROCEDURE HAS BEEN THAT MS. SATTERWHITE AS SOON AS THE LAST COMMITTEE MEMBER SIGNS IT, SHE WILL CALL EVERY CANDIDATE AT ANY NUMBER YOU WANT TO LEAVE. SHE HAS YOUR NUMBERS I THINK, YOUR OFFICE NUMBERS. SHE CALLS ALL CANDIDATES TO TELL THEM THAT IT'S OFFICIAL, AND SO IF YOU WANT TO CALL HER, SAY, TUESDAY OR WEDNESDAY, THAT IS PERFECTLY ALL RIGHT ALSO. SHE ALSO WILL MAIL YOU THE REPORT THE DAY IT'S SIGNED. SO THAT IS SORT OF THE WAY NOTIFICATION IS, BUT FEEL FREE TO CALL HER IF YOU FEEL LIKE YOU ARE OUT OF POCKET OR NOT NEAR YOUR PHONE NUMBER. CONSISTENT WITH OUR PROCEDURE, WE WILL START ALPHABETICALLY. MR. BARTLETT WILL BE FIRST. STEPHEN S. BARTLETT, FIRST BEING DULY SWORN, TESTIFIES AS FOLLOWS:

Q MR. BARTLETT, YOU WERE SCREENED LESS THAN TWO MONTHS AGO I BELIEVE?
A YES, SIR.
Q WE WILL PROCEED. THE PERSONAL DATA QUESTIONNAIRE SUMMARY THAT YOU HAVE IS THE SAME ONE SUBMITTED IN CONNECTION WITH YOUR PREVIOUS SCREENING?
A YES.
Q YOU DON'T HAVE ANY CHANGES TO MAKE TO IT?
A NO, SIR.
Q YOU HAVE NO OBJECTION TO US MAKING IT A PART OF THE RECORD?
A NO, SIR.

1. Stephen S. Bartlett
Home Address: Business Address:
111 Teal Lane P. O. Box 488
Mauldin, SC 29662 Greenville, SC 29662

2. He was born in San Diego, California on April 23, 1952. He is presently 38 years old.
Social Security Number: ***-**-****

4. He was married to Elizabeth Anthony on January 12, 1980. He has one child, S. Wyman Bartlett, age 10, and one step-child, Craig A. Colaluca, age 18.

5. Military Service: None

6. He attended Montgomery Community College, 1971, transferred; Central Missouri State University, 1972-1974, B.S. Degree; and the University of South Carolina School of Law, 1974-1977, J.D. Degree.

7. At Central Missouri State, he was on the varsity debate team and was captain of the varsity pistol team. At the University of South Carolina, he was Justice of the Supreme Court. At the University of South Carolina Law Center, Criminal Justice Institute, he was a clerk for Professor Jon Thames.

8. Legal/Judicial education during the past five years:
Every year he has reported excess hours of JCLE from the following: National Judicial College, National Institute for Court Management and South Carolina Bar.

9. Courses taught or lectures given:
National Judicial College, 1986 to present
South Carolina Bar, CLE Seminar
Criminal Justice Academy, JCLE Seminar
Greenville Tech, part-time faculty members, law courses

12. Legal experience since graduation from law school:

Assistant City Attorney, Greenville, S. C.
General government law and criminal prosecution - 1977

Assistant Circuit Solicitor, Greenville County
Prosecutor in circuit and magistrates court for first two years; represented solicitors office in Family Court for last year, 1977 to 1980

Municipal Court Judge, City of Greenville, S. C.
Full-time judge of Municipal Court with staff of 17 - 1980 to present

14. Frequency of appearance in court:
Federal -
State -
Other - 100% in Municipal Court as Judge

15. Percentage of litigation:
Civil -
Criminal - 100% (as Judge)
Domestic -

16. Percentage of cases in trial courts:
Jury - 25%
Non-jury - 75%

20. Judicial Office: Municipal Judge for the City of Greenville, South Carolina, appointed by Mayor and Council, Municipal Court has limited criminal jurisdiction

21. Due to the nature of Municipal Court, few written orders or opinions are rendered. Municipal Court is not a court of record. The one opinion he has written that was reviewed on appeal concerned the necessity defense. It was upheld by the Supreme Court.

27. He has no potential conflicts of interest apparent in any financial arrangements or business relationships.

30. Tax Lien: There was a federal tax lien in 1984. The family business was being sold, and they were unable to pay the taxes in the last quarter. It was paid within months.

31. Sued: He has been named in a few suits where he was acting as Judge. All cases were dismissed.

33. His last physical was in May of 1990 by Dr. Jim Burford, 3850 E. North Street, Greenville, South Carolina.

35. He wears corrective lenses.

39. Bar Associations and Professional Organizations:
South Carolina Bar and the American Bar Association

40. Civic, charitable, religious, educational, social and fraternal organizations:
He is on the Board of Directors for the Family Counseling Center of Greenville, 1982-1988. It is a United Way agency that was responsible for family counseling, counseling of abused spouses, battered wives' shelter, and travelers' aid.

42. Five (5) letters of recommendation:

(a) W. H. "Bard" Parks, President and CEO
BB&T Company of South Carolina
P. O. Box 6807, Greenville, SC 29606-6807

(b) William L. Dodson, Jr., Esquire
P. O. Box 2547, Greenville, SC 29602

(c) Ernest J. Howard, Esquire
P. O. Box 10383, Greenville, SC 29603-0383

(d) B. O. Thomason, Jr., Esquire
P. O. Box 10045, Greenville, SC 29603

(e) Weyman H. Dodson, Jr., Esquire
P. O. Box 2566, Greenville, SC 29602

Q CONSISTENT WITH YOUR LAST SCREENING, THE REPORTS WE RECEIVED FROM THE BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE AND THE JUDICIAL STANDARDS COMMISSION WERE NEGATIVE, AS WERE ALL THE LAW ENFORCEMENT CHECKS WE MADE AT THE HIGHWAY DEPARTMENT AND GREENVILLE COUNTY SHERIFF'S DEPARTMENT AND THE CITY POLICE DEPARTMENTS OF MAULDIN AND GREENVILLE, AS WELL AS SLED AND F.B.I. NOTHING HAS TRANSPIRED SINCE YOUR LAST SCREENING THAT WOULD REQUIRE YOU TO UPDATE ANY OF THIS INFORMATION?
A NO, SIR.
Q YOUR HEALTH IS STILL GOOD?
A YES, SIR.
Q NO ONE HAS SIGNED UP OR ISSUED ANY COMPLAINTS OR DESIRED TO BE PRESENT TODAY, AND WE HAVE ASKED YOU THE QUESTIONS WE NORMALLY ASK ABOUT JUDICIAL TEMPERAMENT. DO YOU HAVE ANYTHING ELSE TO ADD AT THIS TIME, MR. BARTLETT?
A NO, SIR.
Q I THINK SINCE YOU WERE SCREENED SO RECENTLY WE DON'T NEED TO BELABOR THIS. WOULD THE COMMITTEE MEMBERS LIKE TO ASK MR. BARTLETT ANY ADDITIONAL QUESTIONS?
REPRESENTATIVE GENTRY: NO, SIR.
SENATOR POPE: THANK YOU, SIR. NEXT IS ERNEST HAMILTON. ERNEST HAMILTON, FIRST BEING DULY SWORN, TESTIFIES AS FOLLOWS:

Q MR. HAMILTON, YOU WERE SCREENED FAIRLY RECENTLY ALSO, I BELIEVE LAST OCTOBER?
A MR. CHAIRMAN, THAT WAS WHEN I WAS IN THAT CIRCUIT RACE. I KNOW MY WORK HISTORY SHOWS THAT I AM A HARD WORKER. I WINKED AT TRYING TO GET AN EASIER JOB. I WON'T MAKE THAT MISTAKE AGAIN.
Q YOU HAVE REVIEWED THE PERSONAL DATA QUESTIONNAIRE SUMMARY?
Q I HAVE.
Q DOES IT NEED ANY AMENDMENTS OR MODIFICATIONS?
A NO, AMENDMENTS.
Q YOU HAVE NO OBJECTION TO US MAKING IT PART OF THE RECORD IN THIS CASE?
A NO OBJECTION.

1. Ernest Hamilton
Home Address: Business Address:
208 Dove Tree Road Suite 113, Courthouse Annex
Greenville, SC 29615 Greenville, SC 29601-2192

2. He was born in Greenville, South Carolina on April 24, 1951. He is presently 40 years old.
Social Security Number: ***-**-****

4. He was married to Lois Andreia Weir on June 11, l977. He has two children: Ryan Ernest, age 11, and Lindsay Brooke, age 7.

5. Military service: None

6. He attended Michigan State University, 1969-1973, B.S., and the University of South Carolina Law School, 1981-1983, J.D.

7. At Michigan State he played varsity football and was on the Honor Council at the University of South Carolina Law School.
8. Legal/Judicial education during the past five years:
Northwestern University School of Law, short course for Prosecuting Attorneys; National College of District Attorneys; Attorney General's Leadership Convention; Solicitor's Association of South Carolina Convention

12. Legal experience since graduation from law school:
Assistant Solicitor, 13th Judicial Circuit, 1984-present.

14. Frequency of appearances in court:
State - 100%

15. Percentage of litigation:
Criminal: 100%

16. Percentage of cases in trial courts:
Jury: 30%
Non-Jury: 70%

Sole counsel.

17. Five (5) of the most significant litigated matters in either trial or appellate court:

(a) State vs. Stanley E. Woods, 84-GS-23-3956, Armed Robbery; 84-GS-23-3955, Kidnapping; 84-GS-23-3954, Rape. A 17-year-old store clerk was the victim. Police initially rejected her story of a perpetrator being a black male with a wig and make up. No one was charged. In her statement she mentioned the defendant took her pocket knife. He read through inventory sheets of property found in defendant's car from another case and found a knife which victim identified as hers. He worked this case up for Court and was associate counsel in trial with Judge Traxler (then Solicitor).

(b) State vs. Robert Lagore, 90-GS-23-3427, Felony DUI X 3; 90-GS-23-3428; 90-GS-23-3426. Serious bodily injury. The issue was whether the Defendant was impaired at .09 and the admissibility of a blood test not taken at the direction of the arresting officer in accordance to statute.

(c) State vs. John David Coleman, 86-GS-23-2361, DUI. Jury returned guilty verdict in six minutes, the shortest deliberation returned in Greenville County General Sessions Court.

(d) State vs. Robert W. Davis, 90-GS-23-4332, Felony DUI-Death. This was a New Year's morning collision with both drivers with a .20BA. The passenger killed had a. 25BA. The issue was whether both automobiles were on the wrong side of the road (cross center line) and whether the Defendant was under 17 when the incident happened at 2:00 a.m. on his birthday. The Defendant's birth records show that he was born at 3:45 p.m.

(e) State vs. Thomas Lynn Porter, 85-GS-23-0899, Setting Up Lotteries. The Defendant was the biggest gambler in the Southeast and had eluded law officers in the past. Defense was that he was at the location to use the phone. The evidence admitted showed personal interest.

24. Any Occupation, Business or Profession Other Than the Practice of Law: He was a probation agent, State of South Carolina, 1975, and a Criminal Investigator for the Thirteenth Circuit Solicitor's Office, 1975-1981.

33. His health is good.

39. Bar Associations and Professional Organizations:
South Carolina Bar Association; American Judicature Society; Greenville Bar Association; Association of Trial Lawyers of America (inactive); and American Bar Association (inactive)

40. Civic, charitable, religious, educational, social and fraternal organizations:
Piedmont Council for Prevention of Child Abuse, board member; Alumni Chapter of Kappa Alpha Psi Fraternity, parliamentarian; and Greenville Cultural Exchange Center, board member

41. He has had a few appearances in Family Court, and he understands the need for judges to have a good grasp of the law; willingness to think through problems and be extremely fair. His work in General Sessions is an indication of the diligence he could put forth in Family Court with the best interest of children kept in mind when they are to be affected by the court's action.

42. Five letters of recommendation:

(a) Chester Leaks, Assistant Vice President
NCNB
P. O. Box 608, Greenville, SC 29602

(b) B. O. Thomason, Jr., Esquire
P. O. Box 10045, Greenville, SC 29603

(c) James R. Burkhard, Associate Professor of Law
University of South Carolina School of Law
Columbia, SC 29208

(d) Rex L. Carter, Esquire
P. O. Box 10828, Greenville, SC 29603

(e) John E. Montgomery, Dean
University of South Carolina School of Law
Columbia, SC 29208

Q IT WILL BE DONE. THE RECORDS OF THE BOARD OF COMMISSIONERS ON GRIEVANCES HAS BEEN CHECKED AND REPORTED THAT NO COMPLAINTS OR CHARGES HAVE EVER BEEN FILED AGAINST YOU. THE HIGHWAY DEPARTMENT RECORDS ARE NEGATIVE. THE RECORDS OF THE APPLICABLE LAW ENFORCEMENT AGENCIES, GREENVILLE SHERIFF'S DEPARTMENT AND THE CITY POLICE DEPARTMENT ARE NEGATIVE, AS ARE SLED AND F.B.I., AND THE JUDGMENT ROLLS OF GREENVILLE COUNTY ARE NEGATIVE. YOUR HEALTH IS GOOD. THE STATEMENT OF ECONOMIC INTEREST YOU SUPPLIED US SHOWS NO CONFLICTS OF INTEREST. THE COMMITTEE IS SATISFIED WITH THE NET WORTH STATEMENT AND CREDIT REPORTS YOU HAVE SUBMITTED. NO COMPLAINTS HAVE BEEN RECEIVED AND NO WITNESSES HAVE ASKED TO TESTIFY. MR. HAMILTON, WHAT DO YOU FEEL IS THE APPROPRIATE DEMEANOR FOR A JUDGE IN FAMILY COURT?
A THE APPROPRIATE DEMEANOR IS TO BE FAIR TO EVERYONE INVOLVED, THE ATTORNEYS AND THE PARTIES; TO HAVE A GOOD GRASP OF THE LAW AND THE ABILITY TO WORK HARD AT THE JOB.
Q WHAT WOULD YOU DO TO AVOID THE SYNDROME CALLED "ROBEITIS" THAT SOMETIMES AFFECTS A VERY FEW JUDGES?
A WHAT I WOULD DO TO AVOID THAT IS TO KEEP IN MIND THE WHOLE PURPOSE OF MY DUTIES AS A JUDGE, AND THAT IS TO BE FAIR, BE FAIR AT ALL TIMES, AND TO CONCENTRATE MOSTLY, IN THIS PARTICULAR CASE WHERE CHILDREN ARE INVOLVED, TO CONCENTRATE ON TRYING TO MAKE SURE THAT THEIR WELFARE WOULD BENEFIT BY THE COURSE OF THE COURT'S ACTION.
Q WHAT PORTION OF YOUR PRACTICE IS NOW FAMILY COURT?
A MR. CHAIRMAN, I HAVE HAD ONLY A FEW APPEARANCES IN FAMILY COURT AS AN ATTORNEY IN ADOPTION PROCEEDINGS, A NAME CHANGE, AND AS PART OF MY DUTY AS ASSISTANT SOLICITOR, I WAS ASSIGNED TO THE DEPARTMENT OF SOCIAL SERVICES CASES IN THE FAMILY COURT FOR A PERIOD, BUT THE BULK OF MY EXPERIENCE AS AN ATTORNEY HAS BEEN IN GENERAL SESSIONS COURT. THAT BACKGROUND HAS HELPED ME MAINTAIN MY ANALYTICAL ABILITY TO INTERPRET THE LAW AND APPLY LAWS TO DIFFERENT FACT SITUATIONS, BEING THAT THE FACT SITUATIONS COME UP DIFFERENTLY IN EVERY CASE. THE LAW CHANGES SOMEWHAT, BUT MY EXPERIENCE AS AN ATTORNEY IN THE SOLICITOR'S OFFICE HAS KEPT THOSE SKILLS INTACT.
Q AS FAR AS THE NEED--FAMILY COURT JUDGES FREQUENTLY HAVE TO BE AVAILABLE AT ODD HOURS AND LATE HOURS AND FRIDAY AFTERNOONS AND SOMETIMES EVEN WEEKENDS, DOES THAT PRESENT ANY PROBLEMS FOR YOU AS FAR AS YOUR PERSONAL SCHEDULE?
A NO. IN FACT, I'M IN THAT POSITION NOW AS AN ASSISTANT SOLICITOR TO BE AVAILABLE AT DIFFERENT HOURS.
SENATOR POPE: DOES THE COMMITTEE HAVE QUESTIONS OF MR. HAMILTON?

Q I WANT TO FOLLOW UP, GOING BACK TO THE "ROBEITIS" QUESTION, WHAT I'M INTERESTED IN FROM CANDIDATES IN ADDRESSING THAT IS THE QUESTION OF BEING ABLE TO DEAL WITH STRESS AND SHORT-TEMPEREDNESS BY JUDGES ON THE BENCH, WHICH WHEN THEY GET ON LAWYERS AND LITIGANTS, IN MY JUDGMENT, CAN END UP CAUSING PEOPLE NOT TO BE ABLE TO DO THEIR JOB, AND I GUESS MY QUESTION IS HOW WOULD YOU HANDLE THE QUESTION OF STRESS AND SHORT TEMPEREDNESS, IS THAT A PROBLEM WITH YOU?
A THAT IS NOT A PROBLEM WITH ME. I HAVE AN ATHLETIC BACKGROUND IN THAT I HAVE PARTICIPATED IN ATHLETICS AND COME UPON PERIODS THAT WERE STRESSFUL. IN FACT, THAT BACKGROUND HAS CARRIED OVER, BUT AS AN ASSISTANT SOLICITOR I HAVE A CASELOAD OF 700 CASES TO PROSECUTE AND I'M DEALING WITH ATTORNEYS AND DEFENDANTS ALL THE TIME, AND MY BOSS, COURT ADMINISTRATION, HAS ENCOURAGED US TO MOVE THE CASES, SO YOU HAVE TO DEAL WITH PEOPLE IN STRESSFUL SITUATIONS WITH ALL TYPES OF TIME CONSTRAINTS AND PRESSURE, SO I HAVE BEEN IN THAT AREA, AND FROM MY UNDERSTANDING OF THE COMMUNITY, THEY HAVE NOT FOUND ME TO BE A PERSON THAT IS HARD TO DEAL WITH IN THOSE TYPES OF SITUATIONS.
SENATOR POPE: ANY OTHER QUESTIONS FROM THE COMMITTEE?

Q IF YOU WERE TO BECOME FAMILY COURT JUDGE, PUT THE TRADITIONAL BLACK ROBE ON, WOULD YOU HAVE ANY REASON TO FEEL YOU WERE SUPERIOR TO ANYONE ELSE?
A I HAVE NEVER--IN FACT, I HAVE CONSTANTLY TRIED TO IMPROVE MYSELF, BUT, NO, SUPERIOR. NO ONE ON THIS EARTH IS SUPERIOR.
SENATOR POPE: THANK YOU MR. HAMILTON. NEXT MR. ROBERT NATHANIEL JENKINS. ROBERT N. JENKINS, SR., FIRST BEING DULY SWORN, TESTIFIES AS FOLLOWS:

Q MR. JENKINS, YOU HAVE HAD A CHANCE TO REVIEW YOUR PERSONAL DATA QUESTIONNAIRE SUMMARY?
A YES, SIR, I DID.
Q IS IT CORRECT?
A IT IS CORRECT.
Q IT DOES NOT NEED ANY MODIFICATION?
A NO, SIR, IT DOES NOT.
Q YOU WOULD HAVE NO OBJECTION TO US MAKING IT PART OF THE RECORD?
A NO OBJECTION.

1. Robert Nathaniel Jenkins, Sr.
Home Address: Business Address:
10 Zelma Drive c/o Legal Services
Greenville, SC 29609 P. O. Box 10706, F.S.
Greenville, SC 29603

2. He was born in McClellanville, South Carolina, on August 8, 1947. He is presently 43 years old.
Social Security Number: ***-**-****

4. He was married to Margaret H. Rivers on August 6, 1972. He has two children: Robert Nathaniel, Jr., age 18 (high school senior), and Jason Matthew, age 11 (fourth grade).

5. Military Service: 8/66 through 5/69, Regular Air Force, E-5, Staff Sergeant, AF11820038, ***-**-****; 6/69 through 8/72, Inactive Reserve, Air Force, Honorably Discharged, 8/72

6. He attended Yuba Community College (1967/1968), Marysville, California, evening college while on military active duty; Sacramento State College (1968), Beale AFB, California, extension college, evening classes while on military active duty; University of Guam (1968/1969), Agana, Guam, evening college while on active duty; The Citadel (1969-1972), Military College of South Carolina, B.A. Degree, Political Science; the University of South Carolina Law School (1972-1975), Juris Doctorate.
7. Significant Activities During Schooling:

1970-1972 One of the original organizers of The Citadel Big Brothers Association for orphans at Jenkins Orphanage, Charleston, South Carolina

1970-1972 One of the original organizers of The Citadel's Black Students Association; served as the First Secretary/Treasurer

1970-1972 Under the sponsorship of The Citadel's Black Students Association, coordinated an evening tutoring program for minority elementary students on the Eastside of Downtown Charleston (Presbyterian Center)

1970-1972 Member of The Citadel's Veteran Association

1972-1975 Member of The Black Law Students Association; elected President, 1975
Served as a tutor for minority first year law students

1972-1975 Member of the Student Division, American Bar Association; served as a student delegate from The University of South Carolina Law School

1972-1975 Served as a graduate student internist with the Office of The Governor (Division of Administration)

8. Legal/Judicial education during the past five years:
He has consistently satisfied CLE requirements in excess of the minimum 12 hours in the following areas:
Appellate Practice (State/Federal) - bar sponsored
Family Law Practice - bar sponsored
Evidence - bar sponsored
Economics of Law Practice - bar sponsored; including ABA
Government Law - bar sponsored
Poverty Law Practice through the South Carolina Legal Services Association
9. Courses taught or lectures given:
He has taught the Juvenile Law/Pre-Trial Diversion Course through the sponsorship of the Department of Youth Services and the Local Solicitors' Office. It is a ten (10) weeks course designed to teach juveniles between ages 13-16 responsible civil conduct under the law, giving them exposures through site visits and guest presenters of law enforcement functions (1986-1988).

12. Legal experience since graduation from law school:

1976-1979 Engaged in the active practice of law as a Staff Attorney/Mgr. Attorney with the Legal Services Agency headquartered in Charleston, South Carolina (NLAP, Inc.). Provided direct legal assistance to indigent clients in the areas of Family Law (50%), State/Federal Housing Law (20%), State/Federal Public Benefit Laws (15%) and State/Federal Consumer Law involved in Claim & Delivery and Deficiency Suits (10%). Other areas of services provided included the preparation of wills and deeds; power of attorneys for clients financial affairs. Yearly caseload exceeded 300 cases. In this position, he coordinated expansion offices in Georgetown, Kingstree and Beaufort Counties. He also coordinated the attorney's office schedule for client intake and served as the office managing attorney for liaison with the local courts. Office yearly caseload exceeded 5,000 cases.

1979-1991 Engaged in the active practice of law as an Attorney/Administration titled: Director/General Counsel for Legal Services Agency of Western Carolina, Inc. in Greenville, South Carolina. Fifty percent of time is devoted to client practice in association with 13 staff attorneys in the areas of: State Family Law Practice (50%), State/Federal Housing Law (20%), State/Federal Public Benefit Law (15%), State/Federal Consumer Law (10%) and other legal assistance services associated with the practice of Poverty Law. He is responsible for the legal services provided from offices located in Greenville, Anderson and Greenwood serving those areas and the adjoining counties of Edgefield, McCormick, Abbeville, Oconee and Pickens. Yearly total caseload exceeds 4,000 cases.

He is responsible for the hiring and training of all staff attorneys. He is responsible for relations with the court system and the community. He serves as liaison to the local bar associations.

He is responsible for a yearly operating budget of one million dollars and serves as the general counsel for the corporations' financial affairs with state/federal government and regulating bodies.

He reports to a fifteen-member board of directors who serves in a quasi-public role.

14. Frequency of appearances in court:
Federal - infrequent appearances by written motions in Social Security cases
State - selective appearances in staff cases requiring his involvement
Other - Administrative Law - routine appearances before Social Security Bureau of Hearings and Appeals and State Administrative Bodies

15. Percentage of litigation:
Civil - 50%
Criminal - 0%
Domestic - 50%

16. Percentage of cases in trial courts:
Jury - 0-5%
Non-jury - 95%

50% - Associated with staff

50% - Sole or chief

17. Five (5) of the most significant litigated matters in either trial or appellate court:

(a) Creel v. Miles, In Re Dianne Mary Miles, Supreme Court unpublished memorandum #79-179, September, 1979. This case involved an unsuccessful attempt to get practical compliance with the ten-day hearing rule in cases where a minor has been taken into protective custody through DSS and law enforcement to protect rights of the parent.

(b) Fieldcrest Tenants Association, et al. v. Housing Authority of Greenville, U. S. District Court, Greenville - 1980. This case involved the prosecution of Due Process rights of public housing tenants against irregular conduct and practices of public housing management in setting improper rent, improper assessments for maintenance repairs and causing wide spread evictions for improper reasons. Prosecuted as a class action, the matter was successfully resolved by court consent in favor of all families living in Greenville Public Housing. It resulted in better management practices which gave proper respect for the leasehold rights of public tenants.

(c) John Plumley, et al. v. School District of Greenville and State Board of Education, U.S. 4th Cir. (Unpublished 1982, #81-1894). This case was important because of right to attorney's fees by staff lawyers were permitted at reasonable levels where prosecution is successful under Section 1983 of the federal civil statute.

(d) Greenville Housing Authority v. Jessie Salters, 316 SE2d 718 (S.C. 1984). This case is important because it involved preventing a 64-year-old lady who lived in public housing all her life from being made homeless by ejectment actions of the housing authority based on circumstances beyond her control.
(e) Greenville Housing Authority v. Lena Massey, 316 SE2d 722 (S.C. 1984). This case is important because it tests the limit to which Circuit Court Rule on Depositions may be used for actions in Magistrate Court, when concurrent jurisdiction exists in matters such as ejectments.

18. Five (5) civil appeals:

(a) Creel v. Miles, In Re Dianne Mary Miles, Supreme Court, Unpublished Memorandum #79-179, September 24, 1979

22. Public Office:

Appointed as Director, Legal Services Agency of Western Carolina, Inc. through local quasi-public policy board under regulations of the National/Federal Legal Services Corporation - 1979 through present

Appointee for The Governor, State Committee on Workers Compensation Laws (1984-1986)

Appointee for the State Policy Board of The South Carolina Protection of the Handicaps Agency - presently (appointed November, 1990)

Appointee for The State Secretary of Education to The Citadel Board of Visitors - presently (appointed March, 1991)

24. Any Occupation, Business or Profession Other Than the Practice of Law:

State Government Employee (1972-1976), Office of The Governor, Division of Administration (Supplemental Graduate Student Employee)

Sam Solomon Wholesaler (part-time undergraduate work/stockroom (1971 - 6 months)

Pic & Pay Shoe Retailer (Management Trainee Program (1972 - 4 months)

Military Service (Air Force - 1966-1969)

Chock Full O Nuts Restaurant Chain (Clerk - 1964-1966)

25. Officer or Director: Director over the general management of an eight county, three office, quasi-public, not-for-profit Legal Services Agency of Western Carolina, Inc. He is responsible for the daily supervision of thirteen (13) staff lawyers, four (4) paralegals, five (5) paralegal interns and ten (10) support staffs. Term: 1979-present, serves indefinitely at the pleasure of the board.

33. His health is excellent. His last physical was in 1988 by Dr. James Burford, Eastside Family Practice, 3850 E. North Street, Greenville, SC 29615, 292-0680.

35. He wears eyeglasses to correct his vision.

39. Bar Associations and Professional Organizations:
South Carolina Bar Association, member, served on the Services to Indigent Committee from its inception to present, member of the Economics of Law Practice Division; South Carolina Black Lawyers Association, member, served as its Treasurer, 1976-1980; Greenville Bar Association, dues paying member; American Bar Association, member, served on the Economics of Law Practice Group; South Carolina Legal Services Advisory Group, serves as Chairman, 1983-present; National Project Advisory Group for Legal Services, serves as South Carolina representatives

40. Civic, charitable, religious, educational, social and fraternal organizations:
Brockwood Apartments for Senior Citizens, Board Secretary; Greenville's Child, Incorporated, Board Member; Senior Action Advisory Board, Board Member; Senior Action Advisory Board, Board Member; Sunbelt Human Advancement, Inc. (S.H.A.R.E.), Board Member; Allen Temple A.M.E. Church, Board of Trustees, Assistant Superintendent of Sunday Schools, Member of Finance Commission; Greenville Chamber of Commerce, Board Member (1989); Duncan Chapel School, Volunteer Teacher; Travelers Rest High School, P.T.A. Ways & Means Committee; Association of Citadel Men, Member

41. Other Information: Concurrent Resolution S.698 from the State Legislature for Outstanding Service as a Governor Appointee to the State Committee for Improvement of Workers Compensation Laws, 1987; Certificate of Appreciation Award from the State Department of Youth Services for teaching the Pre-Trial Diversion Class for Juveniles, 1985; Columbia University School of Law, completed two weeks course in Civil Procedure taught by Judge J. Weinstein; Leadership South Carolina, 1983 graduate; Leadership Greenville, 1982 graduate; Leadership Course (one week), Center for Creative Leadership, Greensboro, North Carolina, 1989

42. Five (5) letters of recommendation:

(a) C. C. Hutto, Jr., Senior Vice President and
Regional Executive Community Banking
South Carolina National Bank
P. O. Box 969, Greenville, SC 29602

(b) John P. Britton, Esquire

P. O. Box 10589, Greenville, SC 29603

(c) William M. Catoe, Jr., Esquire

P. O. Box 10262 F.S., Greenville, SC 29603

(d) Honorable Theo W. Mitchell

P. O. Box 142, Columbia, SC 29202

(e) Thomas L. Stephenson, Esquire

P. O. Box 87, Greenville, SC 29602-0087

Q WE WILL DO THAT. THE STAFF HAS CHECKED WITH THE BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE AND THEY REPORT NO COMPLAINTS OR CHARGES OF ANY KIND HAVE BEEN FILED AGAINST YOU, AND THE RECORDS OF THE HIGHWAY DEPARTMENT, THE GREENVILLE SHERIFF'S DEPARTMENT AND THE CITY POLICE DEPARTMENT THERE ARE NEGATIVE, AS ARE SLED AND THE F.B.I. THE JUDGMENT ROLLS OF GREENVILLE COUNTY ARE NEGATIVE. THE FEDERAL COURT RECORDS SHOW NO JUDGMENTS AGAINST YOU. WE HAVE NOTED THAT YOU WERE NAMED AS A DEFENDANT IN A CIVIL SUIT WHICH WAS DISMISSED WITH PREJUDICE IN 1980. ARE YOU FAMILIAR WITH THAT?
A I AM FAMILIAR WITH THAT.
Q WHAT WAS THAT ABOUT?
A THAT WAS ABOUT A CASE BROUGHT BY A DISCHARGED EMPLOYEE AT THE NEIGHBORHOOD LEGAL ASSISTANCE PROGRAM. THAT PERSON WAS WORKING AS A PARALEGAL AND THAT PERSON WAS DISCHARGED FOR INAPPROPRIATE CONDUCT, PROFESSIONAL CONDUCT.
Q I THINK THE GOVERNOR WAS NAMED AS A DEFENDANT ALSO?
A THAT'S CORRECT.
Q THAT WAS DISMISSED WITH PREJUDICE?
A THAT'S CORRECT.
Q NOW YOUR HEALTH IS EXCELLENT?
A EXCELLENT.
Q YOUR STATEMENT OF ECONOMIC INTEREST SHOWS NO CONFLICTS OF INTEREST AND THE FINANCIAL NET WORTH STATEMENT YOU SUBMITTED AND CREDIT REPORTS ARE SATISFACTORY. WE HAVE RECEIVED NO COMPLAINTS AND NOBODY HAS DESIRED TO APPEAR TODAY AGAINST YOU IN ANY WAY, MR. JENKINS. CONCERNING THE QUESTIONS RELATED TO JUDICIAL TEMPERAMENT, WHAT WOULD YOU DO TO AVOID THE "ROBEITIS" SYNDROME OF MAYBE A SHORT FUSE ON THE BENCH OR DISCOURTESY TO LITIGANTS OR LAWYERS? WHAT WOULD YOU DO TO MAKE SURE YOU AVOIDED THAT?
A ALWAYS REMEMBER THAT THAT IS A POSITION FOR PUBLIC SERVICE. I VIEW THAT AS A POSITION WHERE I AM SERVING THE PUBLIC, AND AS SUCH, THEN I'M THE SERVANT, AND I WOULD CERTAINLY BE MINDFUL OF COURTESY TO LAWYERS AND THEIR CLIENTS AS THEY COME TO THE BENCH.
Q DOES YOUR PERSONAL SCHEDULE, WOULD IT IN ANY WAY PROHIBIT YOU FROM WORKING WEEKENDS IF NECESSARY OR ON FRIDAY AFTERNOONS IN FAMILY COURT MATTERS?
A NO, SIR, IT DOES NOT.
Q WHAT PERCENT OF YOUR PRACTICE NOW IS IN THE FAMILY COURT?
A YOU WILL NOTE THAT I AM OVER A LEGAL SERVICES PROGRAM, AND AS SUCH, WE HANDLE A HIGH VOLUME OF MATTERS THAT APPEARS IN FAMILY COURT. AT LEAST 5O PERCENT OF THE CASES THAT WE HANDLED ARE IN FAMILY COURT, AND IN ANY YEAR WE DISPOSE OF IN EXCESS OF 3000 CASES, HALF OF WHICH WOULD BE FAMILY COURT RELATED CASES.
SENATOR POPE: DOES THE COMMITTEE HAVE QUESTIONS.
SENATOR LOURIE: I HAVE NONE.
REPRESENTATIVE GENTRY: I HAVE NONE.
SENATOR POPE: THANK YOU VERY MUCH. THE NEXT APPLICANT IS ANDREW M. JONES, JR. ANDREW M. JONES, JR., FIRST BEING DULY SWORN, TESTIFIES AS FOLLOWS:

Q MR. JONES, HAVE YOU HAD A CHANCE TO REVIEW THE PERSONAL DATA QUESTIONNAIRE SUMMARY?
A YES, SIR, I HAVE.
Q DOES IT NEED ANY CORRECTIONS?
A NOT TO MY KNOWLEDGE, SIR. I BELIEVE IT TO BE CORRECT.
Q YOU HAVE NO OBJECTION TO US MAKING IT PART OF THE RECORD?
A NO, SIR.

1. Andrew M. Jones, Jr.
Home Address: Business Address:

113 Cashmere Drive P. O. Box 10706, F.S.

Greenville, SC 29605 Greenville, SC 29603

2. He was born in Union, South Carolina, on October 8, 1950. He is presently 40 years old.
Social Security Number: ***-**-****

4. He was married to Eunice Blackmon on December 29, 1976. He has one child:
Andrew M., III, age 13.

5. Military Service: He is a member of the U. S. Naval Reserve with the present rank of Lieutenant assigned to Commander in Chief United States Naval Forces Europe; Reserve Intelligence Unit 0167; Local Support Activity Naval Air Station Atlanta, Marietta, Georgia; Serial No. ***-**-****.
6. He attended the University of South Carolina-Union Campus, 6/69 - 6/71, AA Degree; the University of South Carolina-Columbia, 8/71 - 12/72, B.A., International Studies; and the University of South Carolina Law School, 8/73 - 5/76, J.D.

7. He was a Delegate to regional Student American Bar Association Conference, 1975-1976 Law school year.

8. Legal/Judicial education during the past five years:
He has participated in continuing legal education often obtaining more hours than is required. He obtained 34 hours of CLE in 1990 and carried over 12 hours. He has participated in 17 hours of CLE for this year.

9. Courses taught or lectures given:
He was part-time instructor in Criminal Procedure and Business Law at Greenville Technical College, Greenville, South Carolina, between the dates of June 1978 - June 1982.

12. Legal experience since graduation from law school:

From January 1983 - Present
He has worked for Legal Services of Western Carolina providing civil legal service for the indigent.

From February 1981 - January 1983
He engaged in the general practice of law as a sole practitioner.

From January 1979 - February 1981
He was employed by The Honorable Theo Mitchell, engaged in the general practice of law.

From August 1976 - December 1978
He was employed by Mitchell & Joe in the general practice of law.

14. Frequency of appearances in court:
Federal - including Bankruptcy Court 8 times per year
State - 25 times per year
Other - Administrative hearing 3 times per year
15. Percentage of litigation:
Civil - 60%
Criminal -
Domestic - 40%

16. Percentage of cases in trial courts:
Jury - 20%
Non-jury - 80%

Sole Counsel

17. Five (5) of the most significant litigated matters in either trial or appellate court:

(a) Johnson v. Collins, et al., 89-CP-23-2378R. In 1962 his client purchased a house on several small lots. He discovered approximately 20 years later that 3 of the small lots were not included on his deed. The matter was corrected through a declaratory judgment action.

(b) SCDSS v. Bowes, 89-CP-23-778. His client's child was taken into protective custody, because she had separated from her boyfriend and was living in the Rescue Mission. DSS thought she had a mental problem and kept the child in foster care for more than four years, although the client had completed every treatment plan DSS had established.

(c) Cox v. Galloway, a/k/a Richard, 88-CP-39-589. In this case his client in error placed her double wide mobile home on a portion of her neighbor's property. At the time both parties thought his client was on her property. The court allowed her to stay with compensation for use of the land.

(d) Lowery v. Lowery, 84-DR-23-2976. In this case his client, the mother, had served time in prison for bad checks. She regained custody from the father. The father had failed to pay child support during the period the bad checks were written.

(e) Pruitt v. Moss, 247 SE2d 324, 271 S.C. 305. This was the first case to his knowledge to find a contract in a Will in South Carolina. Although his name is not mentioned in the SE2d Reporter, he drafted the briefs and assisted Theo Mitchell in arguing the case before the Supreme Court of South Carolina.

18. Five (5) civil appeals:

(a) Smith v. Smith, 251 SE2d 768. In 1979 the Respondent had moved for the same relief based on the same facts. The prior Order denying relief was res judicata.

(b) Smith v. Smith (same parties). It was dismissed under Rule 23 in 1980. The Respondent obtained additional child support, although she failed to make reasonable repair to the home awarded her by the Court, making it necessary for her and the child to move.

(c) Wright v. Sullivan, Memorandum Opinion No. 87-MO-070, Filed July 20, 1987. The court determined a case in accordance with Burns v. Burns, Opinion No. 0974, S. C. App., filed June 22, 1987. The court stated that the Family Court Judge is allowed broad discretion in a custody matter since he observed the witnesses and can best judge their credibility.

22. Public Office:
He is presently a member of the Greenville School Board. He was elected from District 25 to a 4-year term. He is former Chairman of the Administrative Committee and present Chairman of the Instruction Committee.

24. Any Occupation, Business or Profession Other Than the Practice of Law:
He was a realtor with Miller Real Estates, 231 Neely Ferry Road, Mauldin, South Carolina, 1986-1989. He was a part-time salesman who never sold property during this period. He also worked with Mrs. Miller at two other real estate offices.

27. He presently has no financial arrangements or business relationships that he believes could result in a conflict of interest. If a question arose, he would seek guidance from his superiors.

30. Tax Lien or Collection: He was slow in paying off his student loan. The debt was satisfied by him in 1987 or 1988.

33. His last physical was in October of 1990 at the Naval Air Station Atlanta Clinic, Marietta, Georgia 30060-5099. The occasion was the annual officer's physical.

39. Bar Associations and Professional Organizations:
He is a member of the South Carolina Bar and the Greenville County Bar. He has been a member of various committees from time to time but never held an office.

40. Civic, charitable, religious, educational, social and fraternal organizations:
He is a former Chairman of the St. Anthony Catholic School Board; a member of the Advisory Board of the Peace Center of Performing Arts; and a member of the Greenville County School Board.

41. As an Intelligence Officer in the U. S. Naval Reserve, he holds a Top Secret clearance. He coaches youth basketball at the Cleveland Street YMCA.

42. Five (5) letters of recommendation:

(a) Luann F. Wade, Loan Officer
Greenville, South Carolina City Employees FCU
P. O. Box 2207, Greenville, SC 29602

(b) Hebert Blassengale
101 Theresa Drive, Greenville, SC 29605

(c) Donald J. Sampson, Esquire
108 Lavinia Avenue, Greenville, SC 29601

(d) Jessee C. Beck
117 Cashmere Drive, Greenville, SC 29605

(e) James Kinlow
#7 Malone Street, Greenville, SC 29605

Q IT WILL BE DONE. WE HAVE CHECKED WITH THE BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE AND THEY REPORT NO COMPLAINTS HAVE EVER BEEN FILED AGAINST YOU. THE HIGHWAY DEPARTMENT RECORDS ARE NEGATIVE, AS ARE THE GREENVILLE COUNTY SHERIFF'S DEPARTMENT AND GREENVILLE CITY POLICE DEPARTMENT RECORDS, AND THE SLED AND F.B.I. RECORDS. THE JUDGMENT ROLLS OF GREENVILLE COUNTY AND THE FEDERAL COURT RECORDS ARE ALSO NEGATIVE. YOUR HEALTH IS CONSIDERED GOOD?
A YES, SIR.
Q YOUR STATEMENT OF ECONOMIC INTEREST SHOWS NO CONFLICTS OF INTEREST. WE HAVE REVIEWED YOUR FINANCIAL NET WORTH STATEMENT AND CREDIT REPORTS AND THEY APPEAR SATISFACTORY. ON QUESTION 30 YOU MENTION LATE PAYMENT ON A STUDENT LOAN. THAT LOAN WAS SATISFIED?
A YES, SIR. IT WAS SATISFIED, IF NOT WITHIN THE 10-YEAR PERIOD, CLOSE TO THE 10-YEAR PERIOD. I GRADUATED LAW SCHOOL IN '76. IT WAS SATISFIED I BELIEVE IN 1988 TOTALLY.
Q WE RECEIVED NO COMPLAINTS AND NO WITNESSES HAVE DESIRED TO TESTIFY AS TO YOUR CANDIDACY, MR. JONES. WHAT PERCENT OF YOUR PRACTICE NOW IS FAMILY COURT RELATED?
A SIR, I BELIEVE I APPEAR IN FAMILY COURT ABOUT 40 PERCENT OF THE TIME. THE REMAINDER OF CASES INVOLVE STATE AND FEDERAL COURT, AND, IF THE COMMITTEE DESIRES TO CHECK WITH THE VARIOUS JUDGES, YOU WILL SEE THAT I'M WELL THOUGHT OF IN THOSE COURTS.
Q CONCERNING THE QUESTION OF JUDICIAL TEMPERAMENT, WHAT WOULD YOU DO TO AVOID THE PROBLEM OF SHORT TEMPEREDNESS ON THE BENCH, OR LACK OF PATIENCE, OR "ROBEITIS" AS WE CALL IT?
A SIR, I WOULD DO VARIOUS THINGS TO AVOID STRESS. ONE, I JOG OCCASIONALLY FOR SEVERAL REASONS, ONE TO STAY FIT FOR THE NAVAL RESERVE, THE OTHER TO RELIEVE STRESS. I PLAY BASKETBALL WITH MY SON. THE LAST GAME I PLAYED WAS LAST NIGHT AFTER I GOT HOME FROM WORK; TIME BEFORE THAT WAS THE NIGHT BEFORE. I LISTEN TO EASY LISTENING MUSIC, GARDEN AND PLAY CHESS, THOSE TYPES OF THINGS THAT HELP RELIEVE STRESS.
Q WHAT STEPS WOULD YOU TAKE TO MAKE SURE THAT LITIGANTS DIDN'T FEEL LIKE YOU WERE IMPATIENT OR UNINTERESTED IN THEIR PARTICULAR MATTER?
A SIR, JUST AS I DO ON THE GREENVILLE COUNTY SCHOOL BOARD, WHICH WE HAVE 51,000 STUDENTS, AND NATURALLY A HOST OF PARENTS AND OTHER WELL WISHERS, AND SOME DETRACTORS, I LISTEN TO EVERYBODY WHO HAS AN OPINION AND TRY TO NOT DISMISS THEM IN A WAY THAT WOULD--EVEN THOUGH I OCCASIONALLY DO NOT--WELL, LATELY IT'S BEEN MORE THAN OCCASIONALLY, I DO NOT AGREE WITH THEIR OPINIONS, INCLUDING SOME OF THE MEMBERS OF THE LEGISLATURE, BUT I HAVE BEEN ABLE TO DEAL WITH THEM IN A POSITIVE MANNER BY LISTENING TO THEM, MAKING NO DIFFERENCE BETWEEN THE ONES WHO ARE VERY POOR AND THE ONES WHO ARE QUITE WEALTHY.
Q DO YOU HAVE ANY PROBLEM WITH THE WORKLOAD REQUIREMENTS OF THE FAMILY COURT WHICH WOULD MEAN YOU WOULD HAVE TO BE AVAILABLE ON SOME WEEKENDS AND FRIDAYS?
A NO, SIR. MY WORKLOAD, AS YOU CAN SEE FROM MY SUMMARY OF MY QUESTIONNAIRE, I HAVE AT LEAST THREE JOBS, NAVAL RESERVE, GREENVILLE SCHOOL BOARD, LEGAL SERVICES ATTORNEY, AND COACH "Y" BASKETBALL. MY SON WAS TALKING TO ME YESTERDAY ABOUT HIS SUMMER LEAGUE IS STARTING. MY WIFE SAYS I COME TO VISIT EVERY NOW AND THEN.
SENATOR POPE: WOULD THE COMMITTEE HAVE SOME QUESTIONS FOR MR. JONES?
REPRESENTATIVE GENTRY: NO QUESTIONS.

Q ARE YOU IN THE SAME LEGAL SERVICES WITH MR. JENKINS?
A YES, I AM.
Q YOU ARE A STAFF ATTORNEY?
A YES, I AM.
Q HE IS THE DIRECTOR?
A YES.
Q IS HE CONSIDERED TO BE YOUR BOSS?
A YES, SIR, HE IS.
REPRESENTATIVE MARTIN: I HAVE NO FURTHER QUESTIONS.
A I WOULD LIKE TO THANK MS. SATTERWHITE FOR HER HELP IN THIS MATTER.
SENATOR POPE: NEXT IS AMY C. SUTHERLAND. AMY C. SUTHERLAND, FIRST BEING DULY SWORN, TESTIFIES AS FOLLOWS:

Q MS. SUTHERLAND, YOU HAVE HAD A CHANCE TO REVIEW THE PERSONAL DATA QUESTIONNAIRE SUMMARY?
A YES, SIR, I HAVE, MR. CHAIRMAN.
Q IS IT CORRECT?
A YES, SIR.
Q DOESN'T NEED ANY MODIFICATION?
A NO, SIR.
Q YOU HAVE NO OBJECTION TO US MAKING IT A PART OF THE RECORD?
A NO, SIR.

1. Amy C. Sutherland
Home Address: Business Address:
15 Boxwood Lane 501 East McBee Avenue, Suite 108
Greenville, SC 29601 P. O. Box 10292
Greenville, SC 29603

2. She was born in Greenville, South Carolina, on August 17, 1954. She is presently 36 years old.
Social Security Number: ***-**-****

4. She was married to Joseph Jerrold Watson on February 12, 1983. She has two children: Robert Asher, age 5, and Mary Elizabeth, age 2.

5. Military Service: None

6. She attended Emory University from 1972 through 1976 and was awarded a Bachelor of Science degree in nursing. She attended Cumberland School of Law at Samford University, 1977 through 1980, and was awarded a Juris Doctor degree.
7. At Emory University she was President, Freshman Dorm, 1972-1973; Delta Delta Delta Sorority, 1972-1976; and Secretary of Delta Delta Delta, Alpha Omega Chapter, 1975-1976. At Cumberland School of Law at Samford University, she was on the Moot Court Board, 1978-1980, and in Mock Trial Competition, 1978-1979.

9. Courses Taught or Lectures Given: She has taught courses in Criminal Law, Evidence, Prisons and Criminal Procedure at Greenville Technical College, Greenville, South Carolina.

12. Legal experience since graduation from law school:

May, 1980 - Assistant Solicitor for the Thirteenth
April, 1983 Judicial Circuit, Greenville County. Hired by William W. Wilkins, III, and continued as an Assistant Solicitor under the tenure of William B. Traxler, Jr. Handled a large load of administrative duties in addition to a full criminal case load. Handled Extraditions, Bond Estreatments and functioned as a liaison from the Solicitor's Office to all Magistrates' Offices in the County. In her final year in the Solicitor's Office, she was the Docket Coordinator, handling the flow of all criminal cases disposed of by that office.

April, 1983 - She was employed as an Associate August, 1985 with the firm of Ashmore, Stilwell and Hunter in Greenville, South Carolina. Handled general civil cases, including Domestic, Real Estate, Contract and Probate work. She also was appointed as a Public Defender Attorney by the County of Greenville for 1983-1984.

August, 1985 - Sole practitioner handling Domestic
March, 1991 Relations cases, Wills, Probate work,Personal Injury and Business Tort matters.

March, 1991 - present Merged her practice with two other attorneys to form the law firm of Ashmore, Sutherland and Rabon. Continued to handle primarily Domestic Relations matters, but also some Probate and Personal Injury actions.

14. Frequency of appearances in court:
Federal - One Appearance
State - Including appearances in Family Court and Circuit Court. She has appeared on several hundred occasions with an average frequency of appearances in Family Court of 2-3 times per week.
Other - Probate Court in Greenville County, one trial; Office of Hearings and Appeals of the Social Security Administration, 2 trials; District Court in North Carolina, approximately 6 appearances

15. Percentage of litigation:
Civil - 10%
Criminal - 0% (She is prevented from practicing criminal defense work due to her husband's position as Circuit Solicitor for the Thirteenth Judicial Circuit.)
Domestic - 90%

16. Percentage of cases in trial courts:
Jury - 01%
Non-jury - 99%

She was sole counsel in 99% of the cases that she tried. She appeared as associate counsel in approximately 1% of the cases tried.

17. Five (5) of the most significant litigated matters in either trial or appellate court:

(a) Timothy W. Anthony v. Patricia Lynn Anthony, (General Court of Justice, District Court Division, State of North Carolina, Docket #90-CVD-47). This involved a trial in another state; primary issue was custody of a five-year-old child. She represented a South Carolina resident (wife) against local North Carolina litigant (husband). She succeeded in obtaining transfer of custody for her client.

(b) Monica Thackston v. Tony Thackston, (Family Court for Spartanburg County, Docket #91-DR-42-2258). This involved custody of a two-year-old female. She obtained custody for the father by showing morals of mother to be less than adequate.

(c) Dewey Harold Powell v. Lula Farr "Tommie" Lunsford, (Family Court for Greenville County, Docket #89-DR-23-820). This involved the issue of common law marriage. She represented "husband" in bid to have his twenty-two year relationship with the "wife" declared a marriage. Court found no marriage in spite of the length of relationship.

(d) Nellie B. Cehen v. Bobby Ray Cehen, (Family Court for Greenville County, Docket #86-DR-23-4046). This involved a remand of case from Court of Appeals. The Trial Court asked to redetermine alimony in light of its decision to force the sale of marital home. She obtained an increase in alimony for the client.

(e) Elizabeth Edge v. Emmanuel Karem, (Family Court for Greenville County, Docket #88-DR-23-444). She represented the Defendant-Husband in wife's bid for an increase in support and numerous other requests for relief. She fended off most of the wife's requests.

18. Five (5) civil appeals:

She has handled two civil appeals, both arising from the Family Court in Greenville County; however she does not recall the citations of these cases. The files for these cases are stored with the law firm with which she was previously employed. Both matters were handled approximately 7-8 years ago.

20. Judicial Office:

She has served as an Assistant Municipal Judge for the City of Mauldin in Greenville County, South Carolina, since 1983. She was appointed to this position at the time she was employed as an Associate with Ashmore, Stilwell and Hunter inasmuch as one of the senior partners, Randolph Hunter, served as the Municipal Judge for Mauldin. During her tenure as an Associate with Ashmore, Stilwell and Hunter, she presided over regular sessions of Criminal and Traffic Court, and she also had an opportunity to hear occasional jury trials. Since going into sole practice, she fills in for Mr. Hunter approximately 2-3 times per year in Traffic and Criminal Court. The jurisdiction for this Court is 30 days confinement or a fine of up to $200, plus costs.

She has served as an Assistant Municipal Judge for the City of Greenville, Greenville County, South Carolina, since 1988. She presides over Criminal Court and Traffic Court approximately once a month. She was appointed to this position. The jurisdiction of this Court is 30 days imprisonment or up to a $200 fine.

24. Any Occupation, Business or Profession Other Than the Practice of Law: Prior to attending law school, she was a registered nurse. Upon graduation from college, she was employed as an RN in the Emergency Department of Greenville General Hospital from September, 1976 through August, 1977. In addition, she obtained her nursing license for the State of Alabama and, while attending law school full time, she was employed as a registered nurse through Kelly Services, Inc. She took nursing assignments in critical care areas in various hospitals in Birmingham from September, 1978 through December, 1979.

33. Her last physical examination was in April of 1991. Her examining physician was Dr. J. David Smith, Ob-Gyn Associates, 331 Mills Avenue, Greenville, South Carolina 29601.
35. She wears glasses to correct her vision since ten years of age.

39. Bar Associations and Professional Organizations:
South Carolina Bar Association; Greenville County Bar Association; South Carolina Trial Lawyers Association; Greenville Professional Women's Forum

40. Civic, charitable, religious, educational, social and fraternal organizations:
Junior League of Greenville, 1984-1987; Gateway House, 1984-1990, served on the Board of Directors of this organization whose purpose it is to assist the chronically mentally ill of Greenville County to find a means of becoming productive citizens, served as Secretary of the Board for two years, President-Elect for one year, President during 1988, also chaired major fund-raising event for the organization in 1990; Delta Delta Delta Alumni Organization

41. She is married to Joe Watson, Solicitor for the Thirteenth Judicial Circuit. His office handles the prosecution of juveniles in the Family Courts of Greenville and Pickens Counties. His office also represents the Department of Social Services in the same counties in their Family Court proceedings. This relationship could present the appearance of partiality, and thus, she should probably not preside over juvenile cases or cases involving DSS in Greenville and Pickens Counties.

42. Five (5) letters of recommendation:

(a) Donald B. Watson, Vice-President and Marketing Officer
BB&T
P. O. Box 6807, Greenville, SC 29606-6807

(b) Honorable William W. Wilkins, Jr.
P. O. Box 10857, Greenville, SC 29603

(c) Rex L. Carter, Esquire
P. O. Box 10828, Greenville, SC 29603

(d) Randolph W. Hunter, Esquire
P. O. Box 26897, Greenville, SC 29616

(e) James H. Price, III, Esquire
644 East Washington Street, Greenville, SC 29601

Q IT WILL BE DONE. THE STAFF HAS CHECKED WITH THE BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE AND THEY REPORT NO COMPLAINTS OR CHARGES OF ANY KIND HAVE EVER BEEN FILED AGAINST YOU. THE JUDICIAL STANDARDS COMMISSION REPORTS NO RECORD OF REPRIMANDS AGAINST YOU--I THINK YOU ARE AN ASSOCIATE MUNICIPAL JUDGE FROM GREENVILLE?
A YES.
Q AND THE RECORDS OF THE HIGHWAY DEPARTMENT ARE NEGATIVE. LIKEWISE WITH THE GREENVILLE COUNTY SHERIFF'S DEPARTMENT AND CITY POLICE DEPARTMENT THERE. SLED AND F.B.I. RECORDS ARE ALSO NEGATIVE. THE JUDGMENT ROLLS OF GREENVILLE COUNTY AND THE FEDERAL COURT RECORDS WERE CHECKED AND THEY ARE ALSO NEGATIVE. YOUR HEALTH IS CONSIDERED TO BE GOOD?
A YES, SIR.
Q YOUR STATEMENT OF ECONOMIC INTEREST, OR SOMEWHERE IN THIS PACKET, IT WAS NOTED THAT YOU SAID THERE MAY BE A CONFLICT OF INTEREST BECAUSE OF YOUR HUSBAND'S POSITION?
A YES, THAT'S CORRECT.
Q WOULD YOU ELABORATE FOR THE RECORD ABOUT THAT?
A YES, SIR. AS MANY OF YOU PROBABLY KNOW, MY HUSBAND IS JOE WATSON AND HE IS THE SOLICITOR FOR THE 13TH JUDICIAL CIRCUIT THAT COMPRISES GREENVILLE AND PICKENS COUNTIES. ASSISTANTS IN HIS OFFICE HANDLE THE PROSECUTION OF JUVENILE CASES IN FAMILY COURT IN THOSE TWO COUNTIES, AND IT ALSO HANDLES THE PROSECUTION OF D.S.S. ABUSE AND NEGLECT CASES FOR BOTH GREENVILLE COUNTY D.S.S. AND PICKENS COUNTY D.S.S. DUE TO THE APPEARANCE OF IMPROPRIETY THAT MIGHT ARISE IN HIS CONNECTION WITH THE SOLICITOR'S OFFICE AND MY SERVING ON THE BENCH, I WOULD PROBABLY--I WOULD FEEL IT MORE WISE TO EXCUSE MYSELF FROM HEARING THOSE TYPES OF CASES SIMPLY WITHIN THOSE TWO COUNTIES. NATURALLY IT WOULD NOT PREVENT ME FROM HANDLING THOSE TYPES OF CASES IN ALL THE OTHER COUNTIES TO WHICH I WOULD BE EXPECTED TO BE ASSIGNED BY COURT ADMINISTRATION. I DON'T FEEL LIKE THE CONFLICT WOULD CREATE ANY SORT OF BACKLOG OR CLOG IN DOCKETS IN EITHER OF THOSE COUNTIES. TO GIVE YOU AN EXAMPLE, ON THE GREENVILLE COUNTY SIDE FAMILY COURT DOWN THERE RESERVES FOR THE SOLICITOR'S OFFICE A HALF A DAY FOR THE SCHEDULING OF JUVENILE CASES. IT ALSO RESERVES A FULL DAY FOR THE SCHEDULING OF D.S.S. CASES. THOSE OF YOU WHO PRACTICE IN GREENVILLE KNOW THAT GREENVILLE IS A BUSY FAMILY COURT CIRCUIT AND HAS THREE JUDGES WORKING IN THAT CIRCUIT ALMOST ALL THE TIME. FREQUENTLY THERE ARE FOUR JUDGES. ON THE AVERAGE OF THREE JUDGES WORKING PER WEEK. THAT IS APPROXIMATELY 15 TRIAL DAYS IF YOU TAKE THE FIVE DAYS TIMES THE THREE JUDGES. SO THE ONE AND A HALF DAYS OF COURT TIME SCHEDULE WOULD BE APPROXIMATELY 10 PERCENT OF THE TOTAL WORKLOAD THAT THE FAMILY COURT HANDLES. NOW, THERE ARE OTHER WAYS TO LOOK AT THOSE NUMBERS. CERTAINLY IF YOU TOOK THE ACTUAL CASES THAT ARE HANDLED IN THOSE TWO TYPES OF AREAS UP AGAINST THE DOMESTIC RELATION CASES, THE NUMBERS AND PERCENTAGES MAY BE DIFFERENT, BUT I AM LOOKING AT IT PURELY FROM THE AMOUNT OF TIME THAT ANY JUDGE IS GOING TO BE SCHEDULED IN THOSE TWO AREAS. IN SCHEDULING TIME I FEEL VERY COMFORTABLE IN TELLING YOU IT'S A 10 PERCENT FACTOR. I HAVE IN THE PAST BEEN IN A POSITION IN GREENVILLE TO SEE SOME OTHER POTENTIAL CONFLICTS, IN FACT, COMING OUT OF THE SOLICITOR'S OFFICE. WHEN I WAS AN ASSISTANT SOLICITOR, JUDGE PRICE MANY OF YOU MAY REMEMBER WAS ON THE BENCH, AND HIS SON, JAMES H. PRICE, III, CHIP PRICE AS HE IS KNOWN, WAS HIRED IN THE SOLICITOR'S OFFICE BY BILLY WILKINS WHO WAS THEN MY BOSS AS WELL. OBVIOUSLY, CHIP COULD NOT HANDLE CASES IN FRONT OF HIS FATHER. THE SAME TYPE OF CONFLICT AROSE THERE BETWEEN FATHER AND SON AS YOU ARE LOOKING AT HERE BETWEEN HUSBAND AND WIFE. THAT WAS HANDLED SIMPLY BY NOT SCHEDULING CHIP PRICE'S CASES IN FRONT OF HIS FATHER. NOW CERTAINLY SOME PEOPLE COULD MAKE THE ARGUMENT, WELL, JUSTICE WASN'T DISPENSED AS QUICKLY IF THE SON'S CASES COULD NOT BE PRESENTED IN FRONT OF THE FATHER, BUT THERE WERE NO COMPLAINTS, NO ATTORNEYS EVER COMPLAINED THAT I KNEW OF, AND I WAS ACTUALLY IN THE SOLICITOR'S OFFICE AT THE TIME THIS CONFLICT EXISTED BECAUSE CHIP PRICE WAS WORKING THERE AS AN ASSISTANT AT THE TIME I WAS HIRED AND HIS DAD WAS STILL ALIVE AND SERVING ON THE BENCH. SO THERE ARE WAYS THOSE KINDS OF CONFLICTS CAN BE RESOLVED, AND I DON'T FEEL IT IS GOING TO IN ANY WAY HAMPER MY EFFECTIVENESS AS A JUDGE.
Q THERE ARE THREE FAMILY COURT JUDGES IN GREENVILLE?
A GENERALLY THERE ARE THREE SERVING THERE ALL THE TIME. NOW, THE RESIDENT JUDGES MAY NOT BE THERE. GREENVILLE TENDS TO ROTATE QUITE A FEW OUT OF TOWN JUDGES. EVEN WITH THE CUT-DOWN OF FUNDS FOR TRAVELING AND PER DIEM WE ARE STILL GETTING A LOT OF JUDGES FROM ADJOINING COUNTIES LIKE SPARTANBURG, LAURENS, OCONEE, ANDERSON, PLACES LIKE THAT.
Q I SEE YOUR FAMILY COURT EXPERIENCE IS PRETTY EXTENSIVE. YOU HAVE ABOUT 90 PERCENT OF YOUR TIME IS WITH THE FAMILY COURT?
A YES. FOR THE PAST SEVEN YEARS I HAVE DONE ALMOST NOTHING BUT FAMILY COURT WORK IN JUST ABOUT EVERY FACET I CAN THINK OF. I EVEN SERVE AS A GUARDIAN IN D.S.S. ABUSE AND NEGLECT CASES.
Q WE HAVE LOOKED AT THE FINANCIAL NET WORTH STATEMENT AND CREDIT REPORTS AND THEY ARE SATISFACTORY. NO ONE HAS NOTIFIED US OF ANY DESIRE TO BE PRESENT AND NO COMPLAINTS HAVE BEEN RECEIVED. CONCERNING THE PROBLEM OF JUDICIAL TEMPERAMENT, WHAT WOULD YOU DO TO AVOID BEING SHORT FUSED ON THE BENCH OR ILL-TEMPERED?
A WELL, MR. CHAIRMAN, EVERYBODY IS HUMAN AND I DARE SAY EVERY ONCE IN A WHILE EVERYBODY'S TEMPER WOULD RUN SHORT AND I MAY FALL ILL TO THAT AS WELL AS THE NEXT HUMAN BEING, BUT I THINK IF I CAN MAINTAIN MY MEMORY, MY "ROBEITIS" PROBLEM IS GOING TO BE KEPT TO A MINIMUM. I HAVE BEEN GOING INTO FAMILY COURT IN GREENVILLE AND MANY OTHER COUNTIES IN THIS AREA, EVEN IN NORTH CAROLINA I HAVE HAD OCCASIONS TO APPEAR ON ONE CASE, FOR THE PAST SEVEN YEARS. I HAVE BEEN ON THE RECEIVING END OF A LOT OF BAD MOODS, BAD TEMPERS, JUDGES WHO MAY NOT HAVE GOTTEN ENOUGH SLEEP THE NIGHT BEFORE, JUDGES WHO THE CASE AHEAD OF OURS MAY HAVE BEEN PARTICULARLY TOUGH AND THEY ARE MAYBE VENTING SOME FRUSTRATION ON THE NEXT POOR SOULS THAT COME BEFORE THEM. IF I CAN SIMPLY REMEMBER WHAT IT WAS LIKE WHEN I WAS ON THE OTHER SIDE OF THAT BENCH, THE OTHER SIDE OF THAT DESK WHEN I WAS AN ATTORNEY WHEN I WAS ON THE RECEIVING END OF THAT, WHEN I SAW HOW MY CLIENTS WOULD SUFFER THE SAME HUMILIATION I WOULD SUFFER IN BEING BARKED AT BY A PERSON WHO MAY HAVE BEEN IN A BAD MOOD OR MAY HAVE BEEN ANGRY OR UPSET, I THINK I CAN KEEP MY "ROBEITIS" TO A MINIMUM. I GUESS ANOTHER AREA WHERE I FEEL LIKE I HAVE HAD A LITTLE BIT OF EXPERIENCE ON THE OTHER SIDE IS SERVING AS A CITY COURT JUDGE. THOSE ARE RELATIVELY SMALL CASES. THEY ARE MOSTLY TRAFFIC MATTERS AND MAGISTRATE'S COURT LEVEL CRIMINAL CASES. MOST OF THE LITIGANTS WHO COME INTO THAT TYPE OF COURTROOM, THEY ARE NOT REPRESENTED BY AN ATTORNEY. THEY ARE PRO SE. THEY ARE COMING IN TO GET THEIR DAY IN COURT, AND THAT IS ONE THING I HAVE LEARNED IN SERVING AS A JUDGE IN THAT SMALL CAPACITY, ANYBODY THAT COMES INTO ANY KIND OF COURTROOM THEY ARE COMING THERE BECAUSE THEY REALLY EXPECT THAT--THEY HAVE HEARD SO MUCH ON TELEVISION AND GROWING UP ALL THEIR LIVES THAT WE HAVE THE BEST JUDICIAL SYSTEM IN THE WORLD AND THEY EXPECT TO SEE IT. THEY ARE VERY DISMAYED WHEN THEY ENCOUNTER A CURMUDGEON FOR A JUDGE. IT TOTALLY DASHES ALL THOUGHTS AND OPINIONS THEY HAVE OF WHAT OUR SYSTEM STANDS FOR. BEING ABLE TO DEAL DIRECTLY WITH THEM WHEN THEY DON'T HAVE AN ATTORNEY REPRESENTING THEM GIVES YOU AN EVEN CLOSER FEEL FOR HOW SINCERELY PEOPLE REALLY BELIEVE OUR SYSTEM OF JUSTICE IS ESTABLISHED. SO IF I CAN KEEP MY MEMORY, I THINK I WILL BE IN GOOD SHAPE.
Q IS YOUR SCHEDULE SUCH THAT YOU WOULD HAVE NO PROBLEM WITH THE FREQUENT, OR AT LEAST IRREGULAR, LONG HOURS OR LATE NIGHTS THAT MIGHT BE REQUIRED IN FAMILY COURT?
A NO, SIR. I WAS A SOLE PRACTITIONER UNTIL JUST A FEW MONTHS AGO, AND FOR THE PAST SIX YEARS HAVE RUN MY OWN BUSINESS, AND ANY OF YOU THAT HAVE BEEN A SOLE PRACTITIONER IN YOUR LAW PRACTICES WOULD KNOW, OR RUN YOUR OWN BUSINESS AS A NON-LAWYER, WOULD KNOW THAT IF YOU ARE GOING TO KEEP IT RUNNING, YOU DO IT ALL AND YOU WORK THE HOURS. I AM ALREADY WORKING THOSE HOURS, WEEKEND HOURS AND LATE EVENING HOURS. I GET HOME LATER THAN MY HUSBAND ALMOST EVERY NIGHT OF THE WEEK, SO I AM AROUND.
Q DO YOU HAVE ANY OTHER COMMENTS YOU WOULD LIKE TO MAKE?
A NO, SIR. I DON'T BELIEVE SO.
SENATOR POPE: HOW ABOUT THE COMMITTEE, DO YOU HAVE ANY QUESTIONS?

Q MS. SUTHERLAND, I LIKED YOUR ANSWER TO REMEMBER WHERE YOU CAME FROM. IF JUDGES WOULD REMEMBER THEY WERE ONCE LAWYERS, IT WOULD MAKE IT A WHOLE LOT EASIER.
SENATOR POPE: THANKS A LOT.
MICHAEL F. TALLEY, FIRST BEING DULY SWORN, TESTIFIES AS FOLLOWS:

Q AND YOU ARE MR. MICHAEL F. TALLEY?
A YES, I AM.
Q MR. TALLEY, YOU HAVE HAD A CHANCE TO REVIEW THE PERSONAL DATA QUESTIONNAIRE SUMMARY?
A YES, I HAVE.
Q IS IT CORRECT?
A IT'S CORRECT.
Q YOU DON'T NEED TO MAKE ANY AMENDMENTS?
A NO.
Q YOU HAVE NO OBJECTION TO US MAKING IT PART OF THE RECORD?
A NO OBJECTION.

1. Michael F. Talley
Home Address: Business Address:
204 Boling Road 206 Green Avenue
Greenville, SC 29611 Greenville, SC 29601
2. He was born in Chesterfield County, South Carolina, on August 14, 1945. He is presently 45 years old.
Social Security Number: ***-**-****

4. He was married to Dianne Wright on May 24, 1980. He has two children: Michanna, age 8, and Michael F., Jr., age 4.

5. Military Service: None

6. He attended South Carolina State College, 1962-1966, B.A. Degree; Howard University, 1969-1970, M.A. Degree; Columbia University, June-July, 1973, pursued two doctoral courses while participating in program for college professors and/or instructors; Howard University School of Law, 1973-1976, J.D. Degree.

7. While at South Carolina State College, he participated in the French Club, the Gamma Mu Honor Society and Kappa Alpha Psi Fraternity, 1964-1966.

8. Legal/Judicial education during the past five years:
During the past five years, he has attended numerous Continuing Legal Education Seminar courses in excess of twelve (12) hours annually.

9. Courses taught or lectures given: He taught Business Law on a part-time basis at Greenville Technical College in Greenville, South Carolina from 1983 to 1987 and during the winter quarter of 1989-1990.

10. Published Books or Articles: He has an Unpublished Master-of-Arts' Thesis in the Howard University's library entitled "The Relationship Between Haitians and American Negroes."

12. Legal experience since graduation from law school:

1976-1977 The Law Office of John E. Bishop, Greenville, South Carolina - general practice

1977-1981 Talley, Green & Lewis Law Firm, Greenville, South Carolina - general practice

1981-1987 Talley & Lewis, Greenville, South Carolina - general practice

1987-present Sole Practitioner, Greenville, South Carolina - general practice

His private practice has included Family/Domestic Law, Probate Law, Property Law, Personal Injury, Criminal Law, Workers' Compensation, Civil Rights Litigation, such as Reapportionment/Voting Rights and Title VII. Also, Social Security.

14. Frequency of appearances in court:
Federal - about one case a year
State - normally varies from one to several times a week
Other - (Bankruptcy) handles anywhere from five to ten a year

15. Percentage of litigation:
Civil - 60%
Criminal - 20%
Domestic - 20%

16. Percentage of cases in trial courts:
Jury - 60%
Non-jury - 40%

He is almost always sole counsel or chief counsel. Also, he sometimes serves as an associate counsel on an infrequent basis.

17. Five (5) of the most significant litigated matters in either trial or appellate court:

(a) Elizabeth Daniel v. Days Inn of America, Inc., et al., 356 SE2d 129 (1987). This case was significant in several particulars, such as (1) a Hotel owes a duty to a companion of a hotel guest who was raped by the guest and others to provide adequate hotel security measures; (2) an Innkeeper is not automatically exonerated from negligence when a criminal act is the actual cause of the invitee's injuries.

(b) Glymph v. Spartanburg General Hospital, 783 F2d 476 (C.A. 4th, 1986). This case was important for the fact that it held that attorney fees should be sparingly awarded to a prevailing defendant in a Title VII case and that it should not be based on post hoc reasoning which presumes an award based on the outcome. Also, it appears to hold that a Title VII plaintiff should not be required to pay attorney fees to a prevailing defendant if the plaintiff presents a prima facie case. Finally, this case reversed the District Court's ruling that the Title VII plaintiff had to pay $18,000 attorney fees to the prevailing defendant.

(c) Susan E. Holliday, et al. v. William Christopher Holliday, et al., 85-DR-23-168. This case was important because, after a two-day trial in Greenville Family Court on February 20-21, 1985, the plaintiff was able to be granted the custody of her minor son. At a prior temporary hearing, the plaintiff's mother-in-law and step father-in-law were granted temporary custody of her minor son.

(d) Spartanburg NAACP, et al. v. City of Spartanburg, Civil Action 7:87-505-17. This case was significant because it changed the City of Spartanburg from At Large Voting Districts to Single Member Voting Districts.

(e) South Carolina NAACP, et al. v. Richard Riley, et al., Civil Action 81-2287-6. This case was significant, because it ensured that the voting districts for the South Carolina House of Representatives would be fairly and equitably drawn into fair and equitable Single Member Districts.

18. Five (5) civil appeals:

(a) Carolyn Parthemos v. Nicholas Parthemos, 77-DR-42-1199. This case was appealed from the Spartanburg Family Court, March 30, 1978, and it was affirmed under Rule 23 by the South Carolina Supreme Court in its Memorandum Opinion, No. 79-93, on May 28, 1979.

(b) McBeth v. Bishop, 298 SE2d 441 (1982). This legal malpractice case was appealed from the Greenville Court of Common Pleas, and it was affirmed by the South Carolina Supreme Court on December 7, 1982.

(c) Hettie Davis Williams v. Curtis Davis, Memorandum Opinion 87-MO-028 (1987). This action, relative to a Real Property Easement by Necessity, was appealed from the Greenville Court of Common Pleas, and it was affirmed by the South Carolina Court of Appeals on April 6, 1987.

(d) Theo Walker Mitchell v. Multimedia, Inc., et al., Memorandum Opinion
No. 80-MO-33. This libel action was appealed from the Greenville Court of Common Pleas, and it was affirmed by the South Carolina Supreme Court under Rule 23 on January 3, 1980.

(e) Willis v. Bishop, 276 SE2d 310 (1981). This case was appealed from the Greenville Court of Common Pleas on June 2, 1980, and it was reported in 1981 at the above citation.

19. Five (5) criminal appeals:

(a) The State v. Roosevelt Eison, Jr., Memorandum Opinion 91-MO-82. This criminal case was appealed from Union County General Sessions Court on March 30, 1989, and the South Carolina Supreme Court affirmed the Appellant's conviction on
March 4, 1991. A Petition for Rehearing is pending before the South Carolina Supreme Court.

(b) State v. Carrie Young Henderson, 87-46. This criminal case, resulting from a conviction in Spartanburg Magistrate Court on November 7, 1985, was appealed from Spartanburg Court on September 26, 1986, and the Appellant's conviction was affirmed by the South Carolina Supreme Court in August, 1987.

(c) State v. Darrell Hughey, 84-GS-23-3091 and 84-GS-23-3092. This case was appealed from Greenville Court of Common Pleas on November 26, 1984, and the case was affirmed in the South Carolina Supreme Court in January, 1986.

24. Any Occupation, Business or Profession Other Than the Practice of Law:

1983-1987 Greenville Technical College, Greenville, South Carolina, Part-Time Business Law Instructor

1973-1976 Howard University, Washington, DC, French Lab Instructor/Graduate Assistant

June-Aug. Presidential Clemency Board, The White House,
1975 Washington, DC Staff Attorney. His duties as a staff attorney were to represent persons who had received dishonorable discharges or who were draft evaders or had gone to Canada to escape the Vietnam War before a Presidential Clemency Panel in these person's attempts to receive Presidential pardons or some form of presidential clemency from some military and/or military draft infraction(s).

1971-1973 Tennessee State University, Nashville, Tennessee, French Instructor

1972-1973 Eagle University, Fort Campbell, Kentucky, French Instructor. During the 1972-1973 school year, he taught French for Tennessee State University on the military base at Fort Campbell, Kentucky as a part of a consortium consisting of several Universities in Tennessee and Kentucky under the name of "Eagle University."

1969-1970 Howard University, Washington, DC, French Lab. Instructor/Graduate Assistant

1966-1969 Wilson High School, Florence, South Carolina, French and Spanish Teacher

Spring, Wilkinson High School, Orangeburg, South
1966 Carolina, Spanish Teacher

28. He was arrested in or about October, 1963, in Orangeburg, South Carolina during a Civil Rights' protest march.

30. Tax Lien: Over time, federal and state tax liens have been filed against him, but they have all been paid and resolved. He defaulted on a student loan around 1982-1983, but it has been paid in full and resolved. He has never filed for bankruptcy.

31. Sued:

(a) He was the subject of a lawsuit in 1983, resulting from an automobile accident. The lawsuit was dismissed once the other party's attorney was informed that his client's insurance company had already settled his claims for him.

(b) He was the defendant in an action in 1983, resulting from his law office's lease after he purchased his law office in 1981. This indebtedness has been paid in full and satisfied.

(c) He was the subject of a foreclosure action in 1985, relative to his law office. He brought his mortgage current within several weeks, and the action was dismissed.

(d) He was the subject of a lawsuit in 1986 by Greenville General Hospital. His wife developed toxemia prior to the birth of his first child, and she had an extended hospital stay. Equitable Insurance Company refused to honor their insurance policy. This claim was paid and satisfied prior to judgment.
(e) He defaulted on his student loan in 1982-1983, and he was the subject of an action in 1985. It has been paid in full and satisfied.

(f) In February, 1990, two (2) of his checks were misplaced and, while he was thinking his mortgage was current, South Carolina Federal instituted a foreclosure action against him. He immediately brought this mortgage current, and this action was dismissed. (He stopped payment on his checks, and they were never recovered.)

(g) Brief Printing Company filed an action against him in 1988 for monies owed relative to the printing costs of an appeal in a Title VII action. All monies have been paid in full, and same has been satisfied.

33. His health is good. His last physical was September 13, 1990, by Dr. Levi Kirkland, 402 Ansel Street, Greenville, South Carolina.

35. He became ill with polio when he was around 12 years old, which has left him with a limp.

39. Bar Associations and Professional Organizations:
South Carolina Bar Association and National Bar Association

40. Civic, charitable, religious, educational, social and fraternal organizations:
Greenville Chamber of Commerce; Kappa Alpha Psi Fraternity; Allen Temple A.M.E. Church, Greenville, South Carolina

42. Five (5) letters of recommendation:

(a) Bobby Miller, Vice President
South Carolina National Bank
P. O. Box 969, Greenville, SC 29602

(b) Fletcher N. Smith, Jr., Esquire
P. O. Box 10496, F.S., Greenville, SC 29603

(c) Alex Kinlaw, Jr., Esquire
309 Mills Avenue, Greenville, SC 29605

(d) Ernest N. Irby, Assistant Vice President
American Federal
P. O. Box 1268, Greenville, SC 29602-1268

(e) David Crockett Dodson, Esquire
10 East Avenue, Greenville, SC 29601

Q WE WILL DO THAT. THE BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE HAVE REPORTED THAT NO COMPLAINTS HAVE EVER BEEN FILED AGAINST YOU. THE HIGHWAY DEPARTMENT RECORDS ARE NEGATIVE, AS ARE THE GREENVILLE COUNTY SHERIFF'S DEPARTMENT AND CITY POLICE DEPARTMENT OF GREENVILLE. SLED AND F.B.I. RECORDS WERE CHECKED AND THEY ARE NEGATIVE. IN LOOKING AT THE JUDGMENT ROLLS, YOU WERE VERY CANDID IN REVEALING NUMEROUS LIENS OR JUDGMENTS THAT WERE FILED, AND I BELIEVE YOU INDICATED, BECAUSE WE DO AN INDEPENDENT CHECK AND OUR RECORDS DID NOT REVEAL ANYTHING OTHER THAN WHAT YOU HAD ALREADY REPORTED, BUT YOU DID HAVE A NUMBER OF SUITS. ALL OF THOSE HAVE BEEN SATISFIED?
A ALL OF THEM WERE SATISFIED.
Q I BELIEVE ONE OF THEM WAS A STUDENT LOAN, ANOTHER WAS A FORECLOSURE ACTION.
A THAT WAS DISMISSED.
Q THAT WAS A MISTAKE I BELIEVE?
A YES.
Q YOU INDICATED A CHECK HAD BEEN MISPLACED AND YOU IMMEDIATELY MADE THE CHECK GOOD AND THE CASE WAS DISMISSED?
A YES.
Q YOUR HEALTH IS GOOD?
A YES.
Q YOUR STATEMENT OF ECONOMIC INTEREST SHOWS NO CONFLICTS OF INTEREST, AND THE CREDIT REPORT, AS I INDICATED, SHOWS THAT YOU SATISFIED ALL THOSE SEVERAL DEBT SITUATIONS THAT YOU IDENTIFIED. WE RECEIVED NO COMPLAINTS AND NO WITNESSES DESIRE TO BE PRESENT TODAY. WHAT PERCENT OF YOUR PRACTICE NOW IS FAMILY COURT?
A I WOULD THINK ABOUT 20 PERCENT. AT ONE TIME IT WAS PROBABLY 40 PERCENT IN THE EARLY '80S.
Q CONCERNING JUDICIAL TEMPERAMENT AND "ROBEITIS," YOU WILL BE ASKED THE SAME QUESTIONS THE OTHERS HAVE, WHAT WOULD YOU DO TO MAKE SURE THAT YOU MAINTAINED AN EVEN JUDICIAL TEMPERAMENT AND AVOIDED THE "ROBEITIS" SYNDROME?
A I WOULD HAVE TO REMEMBER IT'S A VERY STRESSFUL SITUATION FOR LITIGANTS AND THAT THEY NEED TO BE TREATED FAIRLY. ALSO I NEED TO REMEMBER FOR 10 AND A HALF YEARS I STOOD ON THE OTHER SIDE OF THAT BENCH AND I GOT SOME VERY HOT RECEPTIONS FROM THE COURT SOMETIMES AND KNOW THAT PEOPLE HAVE A RIGHT TO BE TREATED FAIRLY. ALSO THE LAWYERS HAVE A RIGHT TO BE TREATED COURTEOUSLY AND FAIRLY.
Q AS FAR AS THE WEEKEND AND LATE HOURS THAT WOULD BE REQUIRED OF A FAMILY COURT JUDGE, WOULD THERE BE ANYTHING ABOUT YOUR SCHEDULE OR LIFESTYLE THAT WOULD CREATE A PROBLEM FOR YOU TO BE AVAILABLE?
A NO, SIR. BASICALLY I WORK SEVEN DAYS A WEEK RIGHT NOW.
SENATOR POPE: DOES THE COMMITTEE HAVE ANY QUESTIONS OF MR. TALLEY?
SENATOR LOURIE: NO.
Q DO YOU HAVE ANY OTHER STATEMENT YOU WOULD LIKE TO MAKE?
A NO, SIR.
SENATOR POPE: THANK YOU, MR. TALLEY. THE LAST APPLICANT IS KATHRYN WILLIAMS. KATHRYN WILLIAMS, FIRST BEING DULY SWORN, TESTIFIES AS FOLLOWS:

Q FOR THE RECORD YOU ARE KATHRYN WILLIAMS?
A YES, I AM.
Q YOU HAVE HAD A CHANCE TO REVIEW THE PERSONAL DATA QUESTIONNAIRE SUMMARY?
A YES.
Q IS IT ACCURATE AND CORRECT?
A YES.
Q IT NEEDS NO MODIFICATION?
A NO.
Q YOU HAVE NO OBJECTION TO US MAKING IT PART OF THE RECORD?
A NOT AT ALL.

1. Kathryn Williams
Home Address: Business Address:
#8 Hidden Hills Court P. O. Box 10693
Greenville, SC 29605 Greenville, SC 29603

2. She was born in Gastonia, North Carolina, on October 26, 1957. She is presently 33 years old.
Social Security Number: ***-**-****

4. She is single.

5. Military Service: None

6. She attended Clemson University, Bachelor of Arts, 1979, and the University of South Carolina, Juris Doctor, 1982.

7. Significant Activities: First Place, 4th Circuit Regional Competition, National Appellate; Advocacy Competition, 1981; Moot Court Board; Phi Delta Phi Legal Fraternity.

8. Legal/Judicial education during the past five years:
She has obtained much more than the required hours in every year since admission to the bar. These hours have been divided among family law, workers' compensation, trial and appellate practice, and ethics seminars.

9. Courses Taught or Lectures Given: She was Instructor on Workers' Compensation, Paralegal Program, Greenville Technical College, 1987; Moderator, CLE Seminar, Jury Selection and Opening Statement, 1/29/88; Speaker, CLE Seminar, Discovery in State & Federal Courts, Greenville Technical College, 12/20/85.

10. Published Books or Articles: Contributing author to South Carolina Jurisprudence, scheduled for publication 1991

12. Legal experience since graduation from law school:
Law Clerk, The Honorable Julius B. Ness, 1983
Law Clerk, The Honorable G. Ross Anderson, 1984
Associate, Foster, Covington & Patrick, 1985-1987, concentrating in Workers' Compensation, Personal Injury Litigation, and Family Law
Sole Practitioner, 1987 to present, concentrating in Family Law, Workers' Compensation
Personal Injury Litigation

14. Frequency of appearances in court:
Federal - 5%
State - 95%
Other -

15. Percentage of litigation:
Civil - 60%
Criminal -
Domestic - 40%

16. Percentage of cases in trial courts:
Jury - 40%
Non-jury - 60%

Sole Counsel

17. Five (5) of the most significant litigated matters in either trial or appellate court:

(a) Anders v. Anders, 285 SC 512, 331 SE2d 340 (1985). This was a custody case in which she represented the father. The mother accused the father of physical cruelty, and the father accused the mother of adultery. The trial court granted the father a divorce on the ground of adultery and awarded custody of the child to him. This decision was affirmed by the Supreme Court. The case is significant to her because it is the first case she argued before the Supreme Court, and because it involved numerous evidentiary questions on the physical cruelty and adultery issues.

(b) Jones v. Jones, Mem. Op. No. 85-MO-082 (Ct. App. 1985). This was a custody case in which she represented the mother. The mother lost custody at the original trial because of her adultery. Upon her motion, the trial judge superseded his own order. After remand by the Court of Appeals and a new trial, the mother was awarded custody. This is the only case she has known of in which a judge superseded his own order. It involved the sometimes difficult issue of a parent's illicit relationship interfering with his or her ability to properly raise a child.

(c) Peeks v. Peeks, Mem. Op. No. 90-MO-133 (Ct. App. 1990). This was a custody case in which she represented the grandparents who were awarded custody in a battle against the natural mother. This decision was affirmed by the Court of Appeals, and was significant because it dealt with the factors to be considered by a trial judge when awarding custody to someone other than a natural parent.

(d) State v. Griffin, 89-JU-23-206207 (1989). This was a juvenile criminal case in which she represented the juvenile who was charged with Disturbing Schools and Assault and Battery of a High and Aggravated Nature. She negotiated a sentence of probation with community service. It was significant in that it gave her experience in the area of juvenile criminal cases in Family Court.

(e) Leone v. Dilullo, 294 SC 410, 365 SE2d 39 (1988). This was a termination of parental rights case in which she was appointed to represent the mother. It was significant because it involved such a final determination of familial relationships. It is also significant to her in that her efforts on the mother's behalf were publicly commended by the Court of Appeals.

18. Five (5) civil appeals:

(a) Anders v. Anders, 285 SC 512, 331 SE2d 340 (1985).

(b) Jones v. Jones, Mem. Op. No. 85-MO-082 (Ct. App. 1985).
(c) Peeks v. Peeks, Mem. Op. No. 90-MO-133 (Ct. App. 1990).

(d) Leone v. Dilulo, 294 SC 410, 365 SE2d 39 (1988).

(e) Malone v. Malone, 89-DR-23-4954, pending before the South Carolina Supreme Court.

30. Tax Lien: Tax lien as a result of misapplied withholding payment.

33. Her health is excellent. Her last physical examination was April 10, 1991. Her examining physician was Dr. Peter G. Manos, 315 W. Butler Road, Mauldin, South Carolina 29662.

39. Bar Associations and Professional Organizations:
South Carolina Bar Association, 1982 to present; American Bar Association, 1982 to present; Board of Commissioners on Grievances and Discipline of South Carolina, 1985-1988; South Carolina Trial Lawyers Association, 1985 to present; Co-Chairman, Continuing Legal Education Committee, 1989-1990; Chairman, Amicus Committee, 1989 to present; American Trial Lawyers Association, 1985 to present

40. Civic, charitable, religious, educational, social and fraternal organizations:
American Cancer Society, Board of Directors; Chairman, Legacies Committee, Unity Presbyterian Church

42. Five (5) letters of recommendation:

(a) James W. Childers, III, Senior Vice President
United Savings Bank
P. O. Box 25279, Greenville, SC 29616

(b) Honorable J. B. Ness
P. O. Box 365, Barnwell, SC 29812

(c) Richard C. Foster, Esquire
P. O. Box 2146, Greenville, SC 29602

(d) H. Mills Gallivan, Esquire
P. O. Box 10589, Greenville, SC 29603

(e) Don R. Moorhead, Esquire
P. O. Box 332, Greenville, SC 29602

Q WE WILL DO THAT. THE STAFF HAS CHECKED WITH THE BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE AND THEY REPORT NO COMPLAINTS OR CHARGES OF ANY KIND HAVE EVER BEEN FILED AGAINST YOU. THE HIGHWAY DEPARTMENT RECORDS ARE NEGATIVE. THE GREENVILLE COUNTY SHERIFF'S DEPARTMENT AND THE CITY POLICE DEPARTMENT, THEIR RECORDS ARE NEGATIVE. SLED AND F.B.I. RECORDS SHOW NOTHING. THE JUDGMENT ROLLS OF GREENVILLE COUNTY WERE CHECKED. YOU REPORTED A TAX LIEN THAT WAS SATISFIED LAST YEAR I THINK?
A YES, SIR. THAT WAS FOR--IT WAS A WITHHOLDING PAYMENT THAT THE TAX COMMISSION MISAPPLIED, THAT THEY APPLIED IT TO THE WRONG QUARTER. WHEN I CALLED IT TO THEIR ATTENTION, THEY ADMITTED THEIR MISTAKE BUT THE LIEN WAS ALREADY ON THE BOOKS AND THE ONLY REMEDY WAS TO MARK IT SATISFIED.
Q THEY DID THAT?
A THEY DID.
Q FEDERAL COURT RECORDS ARE NEGATIVE. YOUR HEALTH IS CONSIDERED TO BE EXCELLENT?
A YES.
Q THE STATEMENT OF ECONOMIC INTEREST YOU FURNISHED SHOWS NO CONFLICTS OF INTEREST. THE NET WORTH STATEMENT AND CREDIT REPORTS WERE CLEAR. NO COMPLAINTS HAVE BEEN RECEIVED BY THE COMMITTEE. NO WITNESSES HAVE ASKED TO BE PRESENT. WHAT PERCENT OF YOUR PRACTICE IS NOW FAMILY COURT?
A APPROXIMATELY 40 PERCENT.
Q CONCERNING JUDICIAL TEMPERAMENT AND "ROBEITIS", WHAT WOULD YOU DO ON THE BENCH IF ELECTED TO INSURE YOU DID NOT DEVELOP A BAD JUDICIAL TEMPERAMENT?
A THERE ARE SEVERAL THINGS. ONE IS I HAVE PRACTICED LAW AS A SOLE PRACTITIONER FOR THE LAST FOUR YEARS, AND IN A FIRM BEFORE THAT, AND HAVE BEEN ACTIVELY TRYING CASES FOR SEVEN YEARS AND I KNOW WHAT IT'S LIKE TO STAND BEFORE THE BENCH AS A LITIGANT AND TO BE ON THE RECEIVING END OF JUDGES THAT ARE IN A BAD MOOD, AND I WOULD REMEMBER THAT AND REMEMBER WHAT IT'S LIKE TO BE ON THE OTHER SIDE. I THINK THAT ONE OF THE OTHER THINGS I WOULD DO IS TRY TO REMEMBER THAT AS A JUDGE, EVEN THOUGH SOME CASES AFTER YOU HAVE BEEN A JUDGE FOR AWHILE, THE CASES, IF YOU ARE NOT CAREFUL, CAN BECOME ROUTINE, AND I THINK IT'S IMPORTANT TO REMEMBER THAT TO THAT LITIGANT, WHILE IT MAY BE ROUTINE TO YOU OR TO THAT COURT, IT IS THE MOST IMPORTANT CASE THAT THEY WILL EVER SEE. IT'S THE MOST IMPORTANT CASE IN THE WORLD TO THEM, AND I THINK IT'S IMPORTANT TO REMEMBER THAT AND TO AFFORD EVERY LITIGANT AND EVERY LAWYER A FULL AND FAIR HEARING BY A JUDGE WHO IS IMPARTIAL AND COURTEOUS AND TO REMEMBER THEY DESERVE THAT. I THINK THE OTHER THING I WOULD DO IS STRIVE TO KEEP A PROPER BALANCE BETWEEN MY RECREATIONAL ACTIVITIES AND MY WORK LIFE SO IT WOULD REDUCE THE STRESS LEVEL.
Q IS THERE ANYTHING ABOUT YOUR ROUTINE OR YOUR SCHEDULE THAT WOULD PROHIBIT YOU FROM KEEPING THE KIND OF HOURS THAT ON OCCASION YOU HAVE TO KEEP; NAMELY, POSSIBLE SATURDAYS OR LATE FRIDAYS ON OCCASION AND NIGHTS EVEN ON SOME WEEKDAYS?
A NO, SIR. AS A SOLE PRACTITIONER I DO THAT EVERY WEEK.
SENATOR POPE: DOES THE COMMITTEE HAVE ANY QUESTIONS FOR MS. WILLIAMS?
SENATOR LOURIE: NONE.

Q THIS HAS NOTHING TO DO WITH YOU. IT'S NOT A REQUIREMENT, BUT I NOTICE THAT YOU ARE SINGLE, AND, OF COURSE, YOU ARE STILL VERY YOUNG, WOULD A MAN WHO APPEARED BEFORE YOU HAVE ANY REASON TO FEEL THAT THEY MIGHT NOT GET PROPER TREATMENT?
A NOT AT ALL. I DON'T THINK THAT MY ABILITY TO ASSIMILATE FACTS AND APPLY THE LAW TO THEM IS AFFECTED BY MY MARITAL STATUS. I HAVE NO PRECONCEIVED NOTIONS ABOUT HOW THAT OUGHT TO BE.
SENATOR POPE: DO YOU HAVE ANY OTHER COMMENT STATEMENT YOU WOULD LIKE TO MAKE TO THE COMMITTEE?
A NO, SIR.
SENATOR POPE: IS THAT EVERYTHING FROM THE COMMITTEE? THANKS A LOT. WE WILL GO INTO A BRIEF EXECUTIVE SESSION.

(WHEREUPON, THE TAKING OF THE HEARING WAS CONCLUDED AT 10:35 A.M.)

The Judicial Screening Committee has reviewed and investigated the qualifications of the following candidates and unanimously found them to be qualified to serve:

Stephen S. Bartlett

Ernest Hamilton

Robert N. Jenkins, Sr.

Andrew M. Jones, Jr.

Amy C. Sutherland

Michael F. Talley

Kathryn Williams

Respectfully submitted,
/s/Senator Thomas H. Pope, III, Chairman
/s/Rep. Larry E. Gentry, Vice-Chairman
/s/Senator John A. Martin
/s/Senator Isadore E. Lourie
/s/Senator Glenn F. McConnell
/s/Rep. Daniel E. Martin, Sr.
/s/Rep. B.L. Hendricks, Jr.
/s/Rep. James H. Hodges

(On motion of Senator POPE, ordered printed in the Journal.)

The following Bills were read the third time and having received three readings in both Houses, it was ordered that the titles thereof be changed to that of Acts and same enrolled for Ratification:

H. 3053 -- Rep. Mattos: A BILL TO AMEND SECTION 8-21-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES COLLECTED BY CLERKS OF COURT AND REGISTERS OF MESNE CONVEYANCE, SO AS TO PROVIDE A FEE OF TWENTY-FIVE DOLLARS FOR THE EXPUNGEMENT OF CRIMINAL RECORDS.

(By prior motion of Senator GIESE, with unanimous consent)

H. 3496 -- Reps. Waites, Corning, Wright, Manly and Whipper: A BILL TO AMEND SECTION 20-7-2700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO CHILD DAY CARE FACILITIES, SO AS TO REVISE THE DEFINITIONS OF REGULAR AND PROVISIONAL LICENSES; AND TO AMEND SECTION 20-7-2840, RELATING TO THE REGISTRATION OF FAMILY DAY CARE HOMES, SO AS TO PROVIDE FOR THEIR ELECTION TO BE LICENSED.

(By prior motion of Senator NELL W. SMITH, with unanimous consent)

H. 3411 -- Reps. Gregory, Kirsh, Short, Nettles, Wilkins and J. Brown: A BILL TO AMEND SECTION 40-53-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF POLYGRAPH EXAMINERS, SO AS TO REQUIRE A CURRENT SURETY BOND OR INSURANCE POLICY TO RETAIN LICENSURE; TO AMEND SECTION 40-53-160, RELATING TO LICENSE RENEWAL, SO AS TO PROVIDE FOR EVIDENCE OF A CURRENT BOND OR POLICY OF FIVE THOUSAND DOLLARS; TO REPEAL SECTION 40-53-200 RELATING TO REGISTRATION WITH THE CLERK OF COURT; AND TO REAUTHORIZE THE EXISTENCE OF THE POLYGRAPH EXAMINERS FOR SIX YEARS.

(By prior motion of Senator LONG, with unanimous consent)

The following House Bills were read the third time, passed and ordered returned to the House with amendments:

H. 3739 -- Rep. Keyserling: A BILL TO AMEND CHAPTER 7, TITLE 54, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SHIPWRECK AND SALVAGE OPERATORS, BY ADDING ARTICLE 5 SO AS TO ENACT THE SOUTH CAROLINA UNDERWATER ANTIQUITIES ACT OF 1991 AND TO PROVIDE PENALTIES FOR VIOLATIONS; AND TO REPEAL ARTICLE 4, CHAPTER 7 OF TITLE 54, THE SOUTH CAROLINA UNDERWATER ANTIQUITIES ACT OF 1982.

(By prior motion of Senator RUSSELL, with unanimous consent)

H. 3419 -- Reps. Huff and Hodges: A BILL TO AMEND SECTION 20-7-954, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT GENETIC TESTS MUST BE CONDUCTED TO DETERMINE PATERNITY, SO AS TO PROVIDE THAT GENETIC TESTING IS REQUIRED IN ALL CHILD SUPPORT CASES ADMINISTERED UNDER TITLE IV-D OF THE SOCIAL SECURITY ACT AND DELETE LANGUAGE WHICH WOULD AUTHORIZE THE INDIVIDUAL INVOLVED IN THE TESTING NOT TO COOPERATE FOR GOOD CAUSE WHERE THE COURT DETERMINES THAT THE INDIVIDUAL HAS GOOD CAUSE FOR REFUSING TO SUBMIT TO GENETIC TESTING BECAUSE OF THE POTENTIAL FOR EMOTIONAL OR PHYSICAL HARM TO THE CHILD, TO THE CUSTODIAL PARENT WHERE THE HARM REDUCES THE PERSON'S ABILITY TO CARE FOR THE CHILD, TO THE PUTATIVE PARENT WHERE THE HARM OUTWEIGHS THE CHILD'S INTEREST IN PATERNITY DETERMINATION, OR THE POTENTIAL FOR VIOLATION OF AN OVERRIDING RELIGIOUS BELIEF OF EITHER THE CUSTODIAL OR THE PUTATIVE PARENT.

(By prior motion of Senator STILWELL, with unanimous consent)

The following Bills were severally read the third time, passed and ordered sent to the House of Representatives:

S. 975 -- Senator Fielding: A BILL TO AMEND SECTION 13-17-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF THE SOUTH CAROLINA RESEARCH AUTHORITY, SO AS TO REVISE THE QUORUM REQUIREMENT FOR THE BOARD.

(By prior motion of Senator FIELDING, with unanimous consent)

S. 1010 -- Senator McGill: A BILL TO PROVIDE FOR THE ELECTION OF TRUSTEES IN FLORENCE COUNTY SCHOOL DISTRICT NUMBER 5, SO AS TO ESTABLISH FOUR SINGLE MEMBER DISTRICTS AND PROVIDE THAT ONE TRUSTEE MUST BE ELECTED FROM EACH DISTRICT AND THREE ADDITIONAL TRUSTEES MUST BE ELECTED AT-LARGE, AND TO PROVIDE FOR THE ANNUAL MEETING OF CITIZENS AND FOR THE PREPARATION OF THE ANNUAL BUDGET.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

Senator McGILL proposed the following amendment (RES1010.001), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting the following in lieu thereof:

/SECTION 1. Notwithstanding any prior provisions of law, the provisions of this act shall apply to Florence School District Number 5 only.

SECTION 2. The members of the board of trustees of Florence School District Number 5 shall consist of seven members to be elected from four single member districts with one member being elected from each district and three other members to be elected at-large. A candidate for a seat on the board of trustees vying for a single member district seat must be a resident of such single member district and a qualified elector. Also, a candidate for an at-large seat must be a resident of School District Number 5.

SECTION 3. The single member districts of School District Number 5 are constituted as follows:

District #1-Beginning at intersection of unnamed road and Old River Road, then south from Old River Road to State Highway 51 and south on State Highway 51 to Lynches River, then south on State Highway 51 to Lynches River to Johnsonville City Limits, then south from city limits to Lynwood Drive, then northeast on Lynwood to Centers Avenue, then east on Centers Avenue to Diamond Branch Road, then southwest on Diamond Branch Road to Broadway Street, then east on Broadway Street to powerline/pipeline, then south on powerline/pipeline to unpaved portions of State Road 591, then south on said portion to State Road 738, then northwest on State Road 738 to State Road 1219, then northeast on State Road 1219 to State Highway 341, then west on State Highway 341 to State Road 543, then north then west on State Road 543 to State Road 49, then north on State Road 49 to Florence School District Number 5 boundary, then following Florence School District Number 5 boundary in a northeasterly direction to unnamed railroad, then northwest on said railroad to unnamed road, then east on unnamed road to Old River Road, point of origin.

District #2-Beginning at intersection of Florence School District Number 5 boundary and Florence County Line, then southeasterly on county line to Williamsburg/Florence County Line, then westerly on Williamsburg/Florence County Line to State Road 120, then northwest on State Road 120 to State Road 1221, then west on State Road 1221 to Country Club Drive, then north of Country Club Drive to Johnsonville City Limits, then following city limits in westerly direction to Marion Street, then southwest on Marion Street to Butler Street, then north on Butler Street to Pine Street, then southwest on Pine Street to West Railroad Avenue, then north on West Railroad Avenue to Centers Avenue, then northwest on Centers Avenue to Lynwood Drive, then southwest on Lynwood Drive to Johnsonville City Limits, then north on Johnsonville City Limits to Lynches River, then northeast on Lynches River to State Highway 51, then north on State Highway 51 to Old River Road, then north on Old River Road across unnamed railroad tracks to first unnamed road, then northwest on said road to unnamed railroad, then northwest on said railroad to Florence School District Number 5 boundary, then northeast on boundary to point of origin.

District #3-Beginning at the intersection of Florence School District Number 5 and State Road 49, then south on State Road 49 to State Road 543, then southeast on State Road 543 to State Highway 341, then east on State Highway 341 to State Road 1219, then southwest on state road 1219 to state road 738, then southeast on state road 738 to State Road 58, then southwest on State Road 58 to Horse Ford Road, then northwest on Horse Ford Road to second unnamed road, then northwest then south on said road to State Road 58, then west on State Road 58 to State Road 635, then south on State Road 635 to State Road 634, then southwest on State Road 634 to the Florence County line and Florence School District Number 5 boundary, then northwest on county line to State Road 58 and county line, then north on county line and State Road 58 to Florence School District Number 5 boundary, then east, north, and then east on boundary to State Road 49, the point of origin.

District #4-Beginning at the intersection of Centers Avenue and Diamond Branch Road, then east on Centers Avenue to west Railroad Avenue, then south on West Railroad Avenue to Pine Street, then northeast on Pine Street to Butler Street, then south on Butler Street to Marion Street, then northeast on Marion Street to Johnsonville City Limits, then south, then east, then north, then south and then east on city limits to Country Club Drive, then south on Country Club Drive to State Road 1221, then east on State Road 1221 to State Road 120, then southeast on State Road 120 to the Florence County line (Florence School District Number 5 boundary), then westerly on county line (Florence School District Number 5 boundary) to State Road 634, then northeast on State Road 634 to State Road 635, then north on State Road 635 to State Road 58, then east on State Road 58 to unnamed road, then north, then east on said road to Horse Ford Road, then southeast on Horse Ford Road to State Road 58, then east on State Road 58 to State Road 738, then southeast on State Road 738 to unpaved portion of State Road 591, then north on said portion to powerline/pipeline, then north on powerline/pipeline to Broadway Street, then west on Broadway Street to Diamond Branch Road, then northeast on Diamond Branch Road to Centers Avenue and the point of origin.

SECTION 4. Elections for trustees for School District Number 5 shall be held on the second Tuesday in September of each year. The election shall be conducted by the Commissioners of Election for Florence County. A notice of the election shall be advertised in a newspaper of general circulation in the school district at least once, thirty days prior to the close of the filing period. The advertisement shall state the purpose of the election, the method for filing statements of candidacy, dates of the opening and closing of the filing period, place of filing, and the voting places for the election.

The Commissioners of Election for Florence County shall conduct the election at the Johnsonville High School within the district. Such election shall be conducted as nearly as practicable in accordance with the general law regulating general elections in this State. The Commissioners of Election for Florence County shall rule on any irregularity in the election. Each seat of trustee in School District Number 5 shall constitute a separate seat and shall be numbered separately beginning with the number one through the number seven, and no person shall be declared elected unless he receives a majority of the votes cast in the election for the seat for which he is a candidate. In case no such candidate receives a majority of the votes cast in the election for such seat, a second election between the two receiving the highest number of votes who do not withdraw shall be held within thirty days after the first election. Provided, that if only one candidate remains he shall be declared elected. Notice thereof shall be advertised at least one week prior thereto and shall be conducted in like manner as the first election by the county election commission.

The initial election for seat number 1 shall be filled from single member district number 1 in 1994.

The initial election for seat number 2 shall be filled from single member district number 2 in 1992.

The initial election for seat number 3 shall be filled from single member district number 3 in 1993.

The initial election for seat number 4 shall be filled from single member district number 4 in 1994.

The initial election for seat number 5 shall be filled by an at-large election in 1992.

The initial election for seat number 6 shall be filled by an at-large election in 1993.

The initial election for seat number 7 shall be filled by an at-large election in 1994.

All trustees shall serve three-year terms.

Any member serving as trustee on the effective date of this act whose term expires before the initial elections are to be held to fill such seats, shall continue to serve until elections are held and a trustee is elected and qualified.

SECTION 5. Any person desiring to be a candidate for the Board of Trustees for School District Number 5 shall file his statement of candidacy for a specific seat with the District Office of School District Number 5 for Florence County between June fifteenth and twelve o'clock noon on July first of the election year. If the opening or closing day of the filing period falls on a weekend or legal holiday, the filing period shall begin or end respectively on the next day which is not a weekend or legal holiday at the originally designated hour.

SECTION 6. On the second Tuesday of May of each year, the Board of Trustees of Florence School District Number 5 shall call a meeting of the citizens of the district, such meeting to be held within the school district. The time and place of such meeting shall be advertised in a newspaper of general circulation within the district at least once, ten days prior to the meeting.

The board of trustees of the district shall submit to the citizens at the meeting, a proposed budget for the operation of the school or schools within the district, together with the estimated millage necessary to carry the budget into effect, which budget and millage shall only be adopted by majority vote of the qualified electors present at the meeting. Such electors attending the meeting shall have the right to change, alter, reject, or amend any budget proposed by the board of trustees. However, the tax millage levied shall maintain at least the level of per pupil financial effort established in the previous fiscal year.

SECTION 7. The Chairman of the Board of Trustees of School District Number 5 shall, within one week after the fixing of the budget and the millage as provided in Section 5, certify the same to the county auditor who shall levy such millage upon all taxable property within the school district. The Treasurer of Florence County shall collect the taxes so levied and the proceeds derived therefrom shall be kept by the treasurer and shall be disbursed to the district upon warrants issued or drawn by the school district. No tax levied under the provisions of this act shall be repealed at any subsequent meeting.

SECTION 8. All acts or parts of acts inconsistent herewith are hereby repealed.

SECTION 9. This act takes effect upon approval by the Governor./

Amend title to conform.

There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives.

The following Bill having been read the second time was passed and ordered to a third reading:

S. 1026 -- Senator Holland: A BILL TO AMEND ACT 1494 OF 1972, RELATING TO SPECIAL MAGISTRATES IN KERSHAW COUNTY, SO AS TO CHANGE THE NUMBER OF SPECIAL MAGISTRATES IN THAT COUNTY.

At 11:37 A.M., on motion of Senator SETZLER, the Senate adjourned to meet next Tuesday at 12:00 Noon.

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