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47. He feels that his background as a general practitioner in a rural county, handling a variety of cases for all types of clients has been an advantage in serving on the bench and resolving cases of different types. He also thinks that his service as a Public Defender, Assistant Solicitor and public office holder has been extremely beneficial. The training, education and experience gained over the past two years on the bench has taught him a great deal. He has tried very hard to serve diligently and to treat everyone with patience and respect. It has been his practice to try to establish a professional and courteous relationship with jurors and be very attentive to their time, and to do everything within his power to assist the Clerks of Court in the performance of their duties. It has been a very humbling and gratifying experience, which he hopes to continue.

48. Five (5) letters of recommendation:
(a) John M. Delaughter, Jr., Assistant Vice President
South Carolina National Bank
P. O. Box 528, Edgefield, SC 29824
637-3117

(d) G. W. Rauton, III, DVM
Johnston Animal Hospital
P. O. Box 326, Johnston, SC 29832
(e) Thomas C. Brittain, Esquire
Hearn, Brittain & Martin, P.A.
4614 Oleander Drive, Myrtle Beach, SC 29577
449-8562

2. Positions on the Bench:
Resident Judge, Eleventh Judicial Circuit, employed August 13, 1991, to present

10. Extra-Judicial Community Involvement:
He is involved in the Jaycees and the Edgefield United Methodist Church. He is a member of Concordia Lodge #50. While he tries to project a positive image of the judiciary in his community actions, he has never used his judicial office to further any such interests.

The Board of Commissioners on Grievances and Discipline reports no Formal Complaints of any kind have ever been filed against you.

The Judicial Standards Commission has no record of reprimands against you.

The records of the applicable law enforcement agencies: Edgefield County Sheriff's Office, are negative; Edgefield City police department is negative; SLED and FBI records are negative. Judgment Rolls of Edgefield County are negative. Federal court records are negative.

No complaints or statements have been received by the Committee and no witnesses, I understand, are present to testify and with that, I'll turn it over to Mr. Couick and ask him to ask you a few questions.

I ask that not as a criticism, but I ask how do you approach courtroom management and how does that effect the production of your orders in complying with Court Administration and others for the flow of things through your court?
A. In all honesty, I think that's a legitimate criticism. The problem that -- I have a problem delegating things. I do most of the orders myself, which I think is an exception. We have not been provided computer resources and I've had a great deal of problems with my own computer. I generally do those on my own.

I am changing in that as I -- I know I've learned a lot. The difficulty I had with the attorneys drawing orders is that too often what I would get would be an advocate's order. I wouldn't get an impartial order. I wouldn't get an order from the view of someone who as a judge was sitting there impartially hearing both sides.

What I would get was an order that was too far on one side or the other and so I do a lot of those myself. I have made some changes in that process. I have tried now to streamline what I do. It goes in certain spells.

I must confess to you, I have this strong opinion that if attorneys give me documents that they've prepared to read, I read them and sometimes when you get a series of complex cases, it takes quite awhile to do all that reading, but I have been more attentive to that.

I recognize that as a valid criticism and self-criticism I have made as well. I'm trying now to do orders which just reflect findings of fact and ask the attorneys to pledge those out for me. I think they're more productive in this form. I'm more productive in this form.

We don't -- I am told that judges in South Carolina sit on the bench more than judges in other states, that we have fewer weeks that we're assigned to our offices and fewer administrative weeks and things of that nature. And when you're on the bench, you can't get a haircut, you can't go to the dentist and you can't be reading things that lawyers have submitted to you.
Q. Judge, have you enjoyed your service for the past couple of years?
A. Very, very much.
Q. I ask the same question I asked Judge Johnson, are you committed to fully serving through this term if you're reelected?
A. Yes, sir. I certainly am.
Q. The Supreme Court Rules for judges require 15 hours of JCLE every year. Have you met that requirement each year?
A. Yes, sir. We -- we generally are required to go through the seminars. I have found many of those to be extremely good. I know we got a little criticism for going to Hickory Knob for a seminar. I thought it was some of best -- the best educational experience I had ever had was at that seminar at Hickory Knob and very practical.

There was a lot of things that we deal with every day about mediation and arbitration which is something I think is critical for us to be able to move dockets. I alluded to that earlier in the question about preparing orders. Just a great many things that we're exposed to there plus we don't have much of an opportunity just to talk with other judges about shared experiences and it's unbelievable how much benefit that gives. So JCLE is essential.

The Bar sent us out to Nevada to a Judges school. It's rigorous. It is extremely good. I benefited from that very much.
Q. Judge, you noted in your Personal Data Questionnaire Addendum, Question Number 11, that you would handle some of the problems

I really -- we have had conversations, but in all honesty, I don't have to instruct him on anything because he gets instructions himself. He has told me before and I've heard him tell lawyers on the phone, "I can't discuss that with you. I have -- I stand in the shoes of the judge."

If I get a lawyer on the phone who calls and I pick up the phone and answer it, I just tell him I can't discuss that with you. I mean I don't know how practically you can do anymore than just tell somebody no.
Q. Right.
A. We -- I can assure you that every judicial conference we go to to attend, that is on the agenda. Ex parte communications are discussed at every single one of them and we're very much aware of the problem and try to do everything within our power to avoid any appearance of impropriety. Sometimes lawyers will just innocently walk into my office and sometimes I'll just leave. I won't create a confrontation. I just leave. But my law clerk knows what to do.
Q. Judge, how do you handle matters that come before you and there is a motion for recusal? It's the same question I asked Judge Johnson earlier. What's your standard? What's your philosophy on that?
A. I cannot recall having been asked to recuse myself, but I have recused myself a good many times. I have a strong opinion that you have to avoid even the appearance of impropriety. What I will usually do is tell the attorneys what my concern is.

I have recused myself because of votes I made in elections. I have recused myself in cases where I had close personal friends. In one case I knew that the attorneys were from far off and his lawyer lives far off, but he and I were roommates. We were in each others wedding. I knew the other side didn't know that. I called him up and told him that and recused myself. Much to the consternation of my roommate, but it -- anytime I -- the last term of court we had in Edgefield County, Judge Baggett was basically doing recusal cases.

I never remember sitting up there thinking if I rule against this person, they're going to vote against me. It just doesn't cross my mind. I try to treat those people fairly and the other side fairly and it just comes down, the way it comes down.
Q. Judge, you have not filed with the Senate or House Ethics Committees any report of campaign expenditures that you know on your form. The reason for that is that you've not spent any money other than for travel. Does that continue to be the case through today?
A. I haven't done any campaigning. The only thing I've done was have the expenses and complete the form. I will note that I did those at my own expense on my own typewriter and went to Kinko's and made copies.
Q. And, Judge, also for the record, I would note that you had originally noted significant involvement with various charitable and civic organizations in your community including the Jaycees and March of Dimes and the American Cancer Society, Boy Scouts and Dixie Baseball. You note that you continue to have involvement with some of those organizations, but you're not involved in fund-raising; is that correct?
A. I've never done any fund-raising since coming on the bench and the Jaycees, I'm still active in the Jaycees, but I told them several times in the meetings that I cannot do any fund-raising and have not done any. All of the stuff with the American Cancer Society, March of Dimes and all of that was prior to my election to the bench.
Q. And finally, Judge Keesley, the question is pledging in your compliance with the law. We're mainly focusing on have you sought any pledge from any member of the General Assembly to this day or have you asked any other person to ask a Member of the General Assembly to consider you to this day?
A. No, sir.

I will tell you that sometimes it is difficult to be patient, but I have done everything within my power to treat everybody fairly and honestly. The Screening Committee of the Bar asked me the question about what judges may have influenced me and why and I had Judge Timmerman who was a former governor of this state do the ceremonial swearing in for me and the reason I chose him was because Mr. Timmerman, he just treated particularly young lawyers fairly.

When you're young and you're in a courtroom and you know you're making gobs of mistakes, he didn't jump on you and dress you down in front of your client and everybody else. He would tell you privately back in chambers or what have you. I have tried to adhere to that the best I can.

Sometimes you have to be the heavy. Sometimes people will push you. But I've done everything in my power to not develop Robitis and as a matter of fact when I was sworn in, that was sort of the theme of my speech and I told them making an analogous to threads in the robe and if anybody ever saw a loose thread in my robe to just come and tell me about it. So I invited that criticism. I've gotten very favorable comments. Hopefully, they're telling me to my face what they're saying behind my back.
THE CHAIRMAN: I appreciate your candor and your attitude. Being no further --
SENATOR SALEEBY: Mr. Chairman?
THE CHAIRMAN: Senator?
SENATOR SALEEBY: Of course, the Bar report was published in the newspaper. Are we going to make their report a part of our record here?
MR. COUICK: Mr. Chairman, one of the concerns of the Staff and we had some administrative matters, that was one of them, if you'll defer them until Mr. Hodges is here.
SENATOR SALEEBY: Okay.
MR. COUICK: There was some question because it was Summary as to whether it would be appropriate to include that in the actual report. I

I -- it was very, very positive this time and again I'm not broad brushing against all candidates, but I don't know if the candidates would have a chance to ask any more questions about the findings of the Bar. And your counsel had some concern about including it in the record for that reason.
THE CHAIRMAN: Thank you, sir. It's a matter we're probably going to have to take a look at. Does that answer your question --
SENATOR SALEEBY: Yes, sir.
THE CHAIRMAN: -- without answering it?
A. In my instance, if that's the desire, I have absolutely no reservations whatsoever and they did tell me that if there were criticisms, they would contact me and give me an opportunity to respond.
SENATOR SALEEBY: I don't think there is any criticism. That's why I thought it might be good for the record to have the Bar's recommendation.
THE CHAIRMAN: All right. Any further comments? I want to thank you for coming.
A. Thank you very much.
THE CHAIRMAN: And we appreciate your time and you and Judge Johnson, ya'll are free to go if you need to --
JUDGE JOHNSON: Thank ya'll --
THE CHAIRMAN: -- to your schedule. I should have told you that earlier.
JUDGE JOHNSON: Thank you very much.
JUDGE KEESLEY: Thank you.
THE CHAIRMAN: Thank you. We appreciate it. We'll revert, go back to the normal agenda that appears in the booklets and go back to the At Large, Seat Number 2 and just at point -- and I'm advised by staff, when you go looking, you need to go back toward the back of the book to find where we are. But we'll start with At Large Seat Number 2, Robert S. Armstrong. Mr. Armstrong, if you'd come forward, please, sir. Ya'll will find that on the third to the last in your book, tabs. Good morning, sir.
MR. ARMSTRONG: Good morning.
THE CHAIRMAN: If you'd raise your right hand, please, sir. Do you swear to tell the truth, the whole truth and nothing but the truth, so help you God.
MR. ARMSTRONG: I do.

1. Robert S. Armstrong
Home Address: Business Address:
P. O. Box 346 P. O. Box 2226
Seabrook, SC 29940 Beaufort, SC 29901

2. He was born in Laurens, South Carolina on August 12, 1956. He is presently 37 years old.

4. He was previously divorced on September 19, 1990; Robert S. Armstrong moving party; Family Court; Hampton, South Carolina; one year separation. He was married to Becky Williamson on May 25, 1991. He has two children: Christa Woodlief, age 13; and Matthew Woodlief, age 12.

5. Military Service: N/A

6. He attended the University of South Carolina, B.A., 1974-1978; and the University of South Carolina School of Law, J.D., 1979-1982.

8. Legal/Judicial education during the past five years:
He has attended continuing legal education classes regularly during the past five years. These courses have focused primarily on evidence, criminal and constitutional law.

10. Published Books and Articles: He has written an article for the South Carolina Trial Lawyer Bulletin on the Honorable William T. Howell to be published in October or November, 1993.

12. Legal experience since graduation from law school:

Law Clerk - The Honorable William T. Howell, 1982-1983
Public Defender - Allendale, Hampton and Jasper Counties, 1983-1985
Assistant Solicitor - 14th Judicial Circuit Solicitor's Office, 1985-1990
Deputy Solicitor - 14th Judicial Circuit Solicitor's Office, 1990-present

13. Rating in Martindale-Hubbell: Not rated

14. Frequency of appearances in court:
Federal - none
State - He has been in court almost every day that criminal court has been in session taking pleas, arguing motions or trying cases
Other -

15. Percentage of litigation:
Civil - 0%
Criminal - 90%
Domestic - 10%

16. Percentage of cases in trial courts:
Jury - 50%
Non-Jury - 50%

During his nine years of practice as a public defender and prosecutor he has, as chief counsel, tried at least 200 cases to completion before a jury.

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