Journal of the House of Representatives
of the Second Session of the 110th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 11, 1994

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| Printed Page 110, Jan. 13 | Printed Page 130, Jan. 13 |
Printed Page 120 . . . . . Thursday, January 13, 1994
Q. I note in your expenditure filings for the House and Senate Ethics Committee that you've expended $224.70. Is that still fairly correct for --
A. That is correct. I haven't spent any more other than money for travel.
Q. You've heard me ask earlier the other two candidates about seeking pledges directly or indirectly from Members of the General Assembly. You've indicated in your form, Question Number 43 -- you might turn to that -- that "two friends have introduced me to two members of the Legislature -- no request for support or pledges were made."

Can you tell me what were the dates of that contact with Members of the General Assembly and a little bit of the details in terms of how it occurred.
A. I can give you the dates of one because it was during the last death penalty case we were doing. In both situations, I haven't been involved in politics and I was just talking to friends. I was just talking to friends and they were asking me, you know, "How is the race going? What are you doing." And I said, "Well, I'm trying to get around and introduce myself to all the legislators." In both instances my friends say, "Well, do you want me to introduce you to this legislator? Would it help?" I said sure. You know, I didn't know them, so in both situations, I was introduced to the legislators and that was it. You know, nobody asked for anything.
Q. Did they introduce you as being a candidate for the Circuit Judge seat?
A. I don't believe so. I think it was, you know, this is Bob Armstrong. You know, that type thing.
Q. And please understand, I'm not trying to fill your shoes as being Assistant Solicitor. I'm not trying to unfeather criminal behavior in any case. It doesn't arise to that. I just want to make sure the Committee has a complete record.
A. Right. I understand.
Q. Once you raised the issue, I need to follow up on it.
A. That's fine.
Q. Tell me a little bit about how you would handle extra judicial activities. You've been fairly active in civic activities from the time you were in college, I believe. How would you handle those under the compliance with the Canons of Ethics?
A. Right. I have to abide by the Judicial Code of Conduct. I don't believe that there are any activities that I have done maybe with the

Printed Page 121 . . . . . Thursday, January 13, 1994
exception of being stewardship chairman in my church where I did solicit money on behalf of the church. That I couldn't do as a judge.

Obviously, I would not be asking for money if I was a judge, but other than that, I cannot think of any contact I engaged in that wouldn't be appropriate.
Q. Thank you. That's all, Mr. Chairman.
THE CHAIRMAN: Thank you. Do any members have any questions? Representative -- whichever one of you want to go?
EXAMINATION BY REPRESENTATIVE ALEXANDER:
Q. When this Member of the General Assembly introduced you to other members of the General Assembly, where did this occur? Was it in the State House or was it back home?
A. No, sir, it was at Shoney's restaurant in Hardeeville.
THE CHAIRMAN: Representative Beatty.
EXAMINATION BY REPRESENTATIVE BEATTY:
Q. One question. Your record indicates that you spent most of your legal career as a prosecutor; is that correct?
A. Yes, sir.
REPRESENTATIVE BEATTY: Have you any preconceived notions about the guilt or innocence of defendants?
A. No, sir.
REPRESENTATIVE BEATTY: Do you commonly nonpros cases?
A. When I feel they should be nonpros, yes, sir, I do.
Q. What is the percentage and how often?
A. I do -- probably if I give you a percentage maybe five, ten -- five percent of the cases I've handled and when I get them, my standard is do I think I have a case that a jury could convict? Do I -- can I prove all my elements beyond a reasonable doubt?

Before I ever nonpros a case, I go and talk to the victim and a lot of times the victim will understand and lot of times, they won't and I explain to them, you know, this is what's going to happen. Should we take this case to trial? You're going to get hammered and you're going to look bad.

I might just say, you know, I just don't think it's in the best interest of justice to take this to trial. I just can't prove it. You know, I have to tell policeman that. It's hard to give you, you know, a percentage because I handle a large volume of cases, but if the situation is there, I do it. I can't say that I don't hesitate because I don't like to do it, but I mean I do what's required.
Q. That's all.

Printed Page 122 . . . . . Thursday, January 13, 1994
THE CHAIRMAN: Any other Members have any questions? You're satisfied. They have no further questions. We appreciate you coming and thank you, sir.
A. Thank you.
MR. COUICK: I think he is free to leave --
THE CHAIRMAN: You are free to leave, sir, if you wish to --
A. Thank you.
THE CHAIRMAN: -- go on back.
MR. COUICK: Mr. Chairman, Counsel would like to ask at this point in time not directly relating to this candidate or any particular candidate that the record be left open on all candidates at the conclusion of today and -- today and tomorrow's hearings or however long it would take, so that Staff could continue some investigations of some matters that may come up during the hearing.

This was what was done at the last round of hearings back in the spring and we just ask that that be made a part of the record, that request, and whatever action, if any, you would like to take on that request now or later?
THE CHAIRMAN: Is there any objection at this point to leaving the record open? Hearing none, so sustained. The record will remain open. We now call the next one in the judge of the Circuit Court, At Large, Seat Number 2, R. Markley Dennis, Jr. Would you come forward? If you would 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. DENNIS: Yes, sir, I do.
THE CHAIRMAN: Have a seat. Have you had a chance to review the Personal Data Questionnaire Summary?
MR. DENNIS: Yes, I have. And there is one correction that arose and I've supplemented it as well. That should be with you. And it's probably -- I think now I understand where the confusion came in. I'd like to change the word. I chose the word Formal Complaint. That needs to be deleted. There has been no such Formal Complaint ever filed.

Now, I think Appellant Court Rule 430, Paragraph 9 deals with what I was referring to.
THE CHAIRMAN: The Staff informs me that we have that. Other than that, is there any other thing that needs clarification?
MR. DENNIS: No, sir.
THE CHAIRMAN: Is there any objection to us making this summary a part of your sworn testimony here today?
MR. DENNIS: No, sir.

Printed Page 123 . . . . . Thursday, January 13, 1994
THE CHAIRMAN: All right, sir. I ask at this point that that be inserted into the transcript.

PERSONAL DATA QUESTIONNAIRE SUMMARY

1. Rupert Markley Dennis, Jr.
Home Address: Business Address:
P. O. Box 4673 P.O. Drawer 1174
Pinopolis, SC 29469 Moncks Corner, SC 29461

2. He was born in Charleston, South Carolina on December 2, 1947. He is presently 45 years old.

4. He was married to Janis Sherrell Galbreaith on January 16, 1971. He has three children: Rupert Markley, III, age 20 (student at Georgia-Tech in the Coop Program; works with Allied Signal; on alternating quarters); Molly Allexum, age 18 (student at College of Charleston); and Andrew Paul, age 12 (student at Berkeley Middle School).

5. Military Service: N/A

6. He attended the University of South Carolina, September, 1966 - June, 1970, obtained a Bachelor of Science Degree in Business Administration (banking, finance, real estate and insurance); and the University of South Carolina School of Law, September, 1970 - May, 1973, obtained J.D.

8. Legal/Judicial education during the past five years:
For the past five years, he has attended courses involving trial advocacy, both civil and criminal courts. He has attended courses dealing with topics in employment law. Also, he has attended seminars dealing with issues in the Family Courts. With the exception of 1990, he has averaged approximately 19 hours per year continuing education in the period courses.

9. Taught or Lectured: He has taught a School Law Class for The Citadel for three separate semesters.

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12. Legal experience since graduation from law school:
Upon graduation from law school in 1973 and admission to the Bar in November, 1973, he has practiced law in Moncks Corner, South Carolina. His practice has been of a general nature, dealing primarily in litigation in family court, civil and criminal court, probate court and some administrative agencies, primarily Workers' Compensation. He has, for in excess of ten years, represented the Berkeley County School District, and for the past seven years has been retained counsel for it. His representation has resulted in his having to handle various legal matters including issues involving school law and employment law. He has handled several matters in the Court of Appeals in this State and was associate counsel in a matter heard by the South Carolina Supreme Court. During his practice in Moncks Corner, he has also had occasions to handle several matters in the Federal Court, including an association in a case which resulted in an appeal to the Fourth Circuit Court of Appeals. In addition to litigation, he has been involved in real estate work, ranging from suits to remove clouds on title to simple loan closing. His practice has also involved some occasions for minor estate planning as well as some corporate work.

13. Rating in Martindale-Hubbell: BV Rating

14. Frequency of appearances in court:
Federal - Rarely in Federal Court
State - Frequently appear in Circuit Court and Family Court
Other -

15. Percentage of litigation:
Civil - 45%
Criminal - 10%
Domestic - 45%

16. Percentage of cases in trial courts:
Jury - 65%
Non-Jury - 40%

In the last five years, he has served mainly as sole counsel.

Printed Page 125 . . . . . Thursday, January 13, 1994
17. Five (5) of the most significant litigated matters in either trial or appellate court:
(a) He personally handled Harriett P. Mizzell, as Executrix of the Estate of Glenn O. Mizzell, deceased v. Berkeley Electric Cooperative, Inc., which was a wrongful death action brought in the Court of Common Pleas for Berkeley County, in Case No. 82-CP-08-22. This case involved a suit to recover damages for the wife and children of Glenn O. Mizzell, who was electrocuted when a metal pole he was holding came in contact with an electrical line maintained by the Berkeley Electric Cooperative. This suit was tried by jury, and a verdict was rendered in the amount of $300,000. The case was unusual because of the action of the deceased, who was in the tree knocking down pecans with a metal pole which he had been using for that purpose for years. The Plaintiff's position was that the guy wire on one of the poles crossing Plaintiff's deceased father's land was in disrepair and had caused the line to move towards the tree which permitted the pole to come in contact with the wire. The case involved the expert testimony of Roy Martin who was able to assist in establishing the probable cause of the guy wires breaking with the injuries sustained by Mr. Mizzell.
(b) William E. Poston, employee v. Robert O. Collins, employer and Northern Insurance Company of New York, carrier, was a Worker's Compensation case which he handled on behalf of Mr. Poston. This action was brought to recover benefits for the total disability of Mr. Poston as a result of the injury. This matter was filed and argued before a single commissioner in Worker's Compensation File No. 8507619, which resulted in a finding by the commissioner of 100% leg. The injury had occurred initially to Mr. Poston's leg, but it involved damages to his vein in the leg resulting in extreme cases of phlebitis. The Defendants' position was that since it was a scheduled member they were limited to compensation for the loss of that member. The Plaintiff's position in the unique nature of this case was that because of the injury to the vein, it involved his entire body and therefore the whole person was affected. On Appeal to the Full Commission, they were successful in reversing the Single
Printed Page 126 . . . . . Thursday, January 13, 1994
Commission's Hearing. The case was subsequently appealed to the Court of Common Pleas where the Circuit Court sustained the ruling of the Full Commission. Thereafter, the employer paid the claim without further appeal. The uniqueness of this case involved overcoming the case law which provides that a person is limited to compensation for loss of scheduled member.
(c) The case of Martha A. Rose, Plaintiff v. Calvitt Bradwell, Delinquent Tax Collector for Berkeley County, et al., Defendants. This case involved an action brought in the Court of Common Pleas for Berkeley County, in Case No. 85-CP-08-1135 on a non-jury matter to recover property which was taken for delinquent taxes. The Plaintiff was a resident and citizen of Connecticut and hired the undersigned to handle this matter through her brother who lived in Berkeley County. This matter was argued on a Summary Judgment Motion by the Plaintiff before The Honorable Bruce Littlejohn, retired Supreme Court Justice. The Plaintiff prevailed on its Motion for Summary Judgment, and the case was subsequently appealed to the Court of Appeals for South Carolina, where the decision of Judge Littlejohn was sustained. This case was unique in the sense that he handled this matter for a client whom he had never had the pleasure of meeting. He also handled it through Appeal without any payment except for the initial retainer fee of $700. It was also unique in that they established law to date that the tax collector must comply specifically with the Tax Code when taking property from an individual. In this case, the delinquent tax collector, in advertising the property for sale, used in his description the TMS No. and in so doing, transposed some of the numbers in the TMS No.
(d) He was associate counsel with Coming Gibbs and Terry Rickson in the case of Herman Ransome, Plaintiff v. Alumax of South Carolina and Al Majors, Defendants. This case involved a suit against Alumax for breach of alleged employment contract, which was alleged to arise out of the employment handbook as established by Small v. Springs Industries, Inc., 357 S.E.2d 452 (1987). This case resulted in a jury verdict of $540,000 for the Plaintiff, Herman Ransome, on his cause of action for breach of
Printed Page 127 . . . . . Thursday, January 13, 1994
contract. The case was subsequently appealed to the South Carolina Supreme Court, Docket No. 88764, but the matter was settled prior to oral argument. The unique nature of this case involved establishing employment contract arising out of a handbook and also resulted, in the undersigned's opinion, of some modifications in the management procedure and approach of Alumax.
(e) The State of South Carolina v. Robert Bennett. This was a criminal matter in the Court of General Sessions for the Ninth Judicial Circuit involving a charge of murder. Just prior to trial an "alford plea" was negotiated to the charge of involuntary manslaughter. This matter was unique in that it involved from the beginning to the end a denial of guilt by Mr. Bennett. There were potential issues involving the time of death as established by the pathologist and there were issues involving polygraph usage as well. The significance of this case was the negotiated result for his client in view of the evidence against him.

18. Five (5) civil appeals:
(a) He associated in the appeal of Richard H. Freidberg, et al. v. Charlotte Barker Goudea. It was reported in 309 S.E.2d 758 (S.C. 1983). The decision was rendered on December 5, 1983, by the South Carolina Supreme Court.
(b) He handled personally the appeal of Martha A. Rose v. W. Calvitt Bradwell, Delinquent Tax Collector for Berkeley County, et al. It was reported at 367 S.E.2d 443 (S.C. App. 1988). This decision was rendered on March 14, 1988, by the South Carolina Court of Appeals.
(c) He personally handled the appeal of Gethers v. William L. Bailey, et al. This decision is reported in 410 S.E.2d 586 (S.C. App. 1991). The decision was reached on October 14, 1991, by the Court of Appeals, South Carolina.

22. Public Office: He presently serves on the Berkeley County Alcohol & Drug Abuse Commission. He is appointed by the Council Member for the District in which he resides. He has served since 1974.

Printed Page 128 . . . . . Thursday, January 13, 1994
23. Employment As a Judge Other Than Elected Judicial Office:
He is a Special-Referee in a case presently pending.

26. Officer or Director: He is presently a director for the Farmers & Merchants Bank of South Carolina, having served in that capacity since 1978. His role as a director is to make policy decisions of the Bank and to assist in any way in promoting and developing the Bank as a financial institution serving the Lowcountry. He is also a director for the Lowcountry YMCA which operates a facility in Moncks Corner and conducts programs for the benefit of the citizens in Berkeley and Charleston Counties. The purpose of his involvement in this business is to adopt policies for the YMCA and provide oversight for its operation.

28. Financial Arrangements or Business Relationships (Conflict of Interest):
A joint venture with Charles W. Bounds, M.D., Gordon B. Wilhoit, M.D., and Jackie C. Mims involving the purchase of land and lease properties. These individuals are business persons in Moncks Corner and certainly as such could be the subject of litigation in the future. If such should arise and they or any of them were a party-plaintiff or defendant in a lawsuit to be tried before him, he would advise all parties of this relationship and offer to recuse himself should they or any of them desire.

32. Sued: He has been sued twice being named personally in lawsuits arising out of a business venture known as Palmetto Wellness & Fitness Center, Inc. One involved a suit filed by a disgruntled stockholder alleging fraud against him and the other stockholders of the corporation. This suit was settled with the purchase of the Plaintiff's stock and his interest in the real property used by the corporation.

He was also named as a party-defendant in a suit against Palmetto Wellness & Fitness Center, Inc. when the former director of the Fitness Center sued for breach of contract and attempted to pierce a corporate veil. This suit was settled prior to trial.

40. Expenditures Relating to Candidacy:
He has spent no money other than travel.

Printed Page 129 . . . . . Thursday, January 13, 1994
41. Contributions Made to Members of the General Assembly:
He has made through his law firm a contribution of $100 to Senator Robert Ford's debt retirement campaign. He has also purchased a ticket for $100 to attend a reception honoring Marshall B. Williams given by the Democratic Caucus.

45. Bar Associations and Professional Organizations:
South Carolina Bar Association; American Bar Association; American Trial Lawyers Association; South Carolina Trial Lawyers Association; S. C. Council of School Attorneys; S. C. Criminal Defense Lawyers

46. Civic, charitable, educational, social and fraternal organizations:
Moncks Corner Lion Club (past president, vice-president and director); Moncks Corner Rotary Club (director); Berkeley County Chamber of Commerce (vice president); Berkeley County Advisory Board Trident United Way; Board of Trident United Way; Berkeley Country Club; University of South Carolina Gamecock Club; Trident Technical College Foundation Board (Board of Directors); Trident Chamber of Commerce (Board of Directors); Lowcountry YMCA (Board of Directors); Berkeley County Economic Development Board (present chairman); member of Capital City Club; Coach, Berkeley High School Mock Trial Team (1982 to present)

48. Five (5) letters of recommendation:
(a) R. Michael Holcombe, Vice President and City Executive
Farmers & Merchants Bank of S. C.
P. O. Box 578, Moncks Corner, SC 29461
761-8888
(b) Paul G. Campbell, Jr., Senior Vice President
Alumax of South Carolina, Inc.
P. O. Box 1000, Goose Creek, SC 29445
572-3700
(c) Gaines W. Smith, Esquire
Legare, Hare & Smith
P. O. Box 578, Charleston, SC 29402
722-7773
(d) Robert E. Watson, Esquire
116 Railroad Avenue, Moncks Corner, SC 29461
761-4888

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