1994 Permanent House Journal Printed Pages 1360-1369 - South Carolina Legislature Online

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 1350, Feb. 2 | Printed Page 1370, Feb. 3

Printed Page 1360 . . . . . Wednesday, February 2, 1994

Senator McConnell was recognized and made the following remarks:

"Mr. Speaker...I will be brief, but I cannot let this moment go by, Senator from Berkeley, and allow you to, in my judgement, misrepresent the situation in the Senate. The lady in question was there distributing sealed packages, manilla envelopes. All of the mail in the Senate goes through a security check. Why have a procedure and a process for having all of your mail examined for security and not enforce it at the door if you are not the mail man and you can just bring it in and go from floor to floor and distribute unsigned packages and no check on them at all. It had absolutely nothing to do with this race. It had nothing to do with sexism. It had nothing to do with her being a female or anything and it is no

Printed Page 1361 . . . . . Wednesday, February 2, 1994

characterization of the South Carolina Senate. The rules are this, the Senate requires mail to be checked. She was asked to take it to the Clerk's office. The proper process in the Senate is to have it checked and then the staff will distribute it. Lobbying, she can go lobby all she wants to, from floor to floor, Senator, but don't sit there and make this Joint Assembly believe that the Senate of South Carolina denied her the right of free speech or the right to lobby any senator she wanted to. We have a security process. Why check the mail if you are just going to let whoever may come in off the street go distribute packages and mail from floor to floor. I think everyone of you ought to know that. It is not a situation that the Senator from Berkeley has characterized. It is entirely different and the Senate's Operations and Management Committee met on this. We reviewed it. We made sure that the process was clarified by putting notices up in the Senate. That has been our policy. It will continue to be the policy. Obviously, if you have got a one page sheet that you can look at, you know that is no type of device or anything, but a sealed package and envelope that does not have a name on it or that does not have credit taken for it, that is being done from door to door, it would be asked to be taken to the Clerk's Office and I just want to make sure because everybody that is within hearing distance of my voice, I hope will get the true picture of the Senate. You judge this case. Here is the record. Here is the sworn testimony. That is what the Screening Committee had to go on. I was Chairman of the Screening Committee back then. We have to go on what people tell us under oath. Here are the facts in the Journal. I hope you have read them. I understand that someone else is going to address the merits of this, so I want take up your time, but I close by simply telling you that there was absolutely no effort by the South Carolina Senate to restrict, to prevent the lobbying, to prevent people from having their say on this judgeship and to characterize it as anything other than that is to make an absolute misstatement or not have the facts at your command. And I invite any of you who have question as to what I have said to look at the records of the O & M Committee, the process, the notices and anything else and not be persuaded into thinking that somehow up here to portray us as some good old boys trying to prevent a lady from being able to get out and to campaign. Thank you, Mr. President."

Rep. JENNINGS nominated Edward B. Cottingham as follows:

"Mr. President, Mr. Speaker and Members of the Joint Assembly... It is an extreme honor for me to rise to place in nomination for reelection for his third term as resident Judge of the Fourth Judicial Circuit, the

Printed Page 1362 . . . . . Wednesday, February 2, 1994

Honorable Edward B. Cottingham. In offering himself for the Circuit bench ten years ago after a very successful legal career of 38 years, and after having served in numerous public offices, including service in this House and on the Highway Commission, Edward Cottingham ascended to the high honor and obligation of being a Circuit Judge. Ed Cottingham has met that high honor and has been true to that task as he has distinguished himself over the past ten years by becoming known as one of the very best trial judges in this State. He has been applauded by lawyers, litigants, jurors and witnesses around this State as a tough but fair judge who runs his courtroom well, commands respect for the system, and treats everyone with equal respect and dignity. This is an unusual opportunity to be standing before you making a nomination speech for an incumbent judge who has no opposition... An incumbent judge who was unanimously endorsed by the Bar Associations within his home circuit and unanimously endorsed by the entire legislative delegation of the same four counties. However, I respect the fact that we are going through this process because we live in a different day and age in which all of our actions are scrutinized more closely... And rightly so. Our fellow House members within the Women's Caucus have very correctly advised the Judiciary of this state that judges should always remember to be sensitive to the unique problems which women face and to women's rights. The Women's Caucus has expressed an indication to advise the entire Judiciary that they will be watching and scrutinizing judges in this process in the future more closely. And this is only right and fair. As a matter of fact, all of us in this Body, members of the Women's Caucus, members of the Black Caucus, members of the Republican Caucus, members of the Democratic Caucus, the Rural Caucus, the Urban Caucus, all of us should be watching and evaluating judges because that is part of our legislative responsibility. As we undertake this enormous burden of electing capable judges to deal with the citizenry of our State, we each have a duty to inquire into their careers; to read transcripts of cases and/or complaints about their performance; to talk to litigants; to talk to our solicitors about each judge's sentencing policies and the impact which each may have on the ever-increasing crime problem... And to those of you in this Chamber who went through that process of taking the extra time to make such an inquiry on Judge Ed Cottingham, we thank you for doing this so that you would have all the facts before you on this man who's been assigned as many death penalty cases and high profile difficult cases as any trial judge in this State. And why does Judge Cottingham get assigned to these more difficult cases? Simply put, because he is extremely capable, even-tempered, fair-minded, and has the unique ability to handle those tough

Printed Page 1363 . . . . . Wednesday, February 2, 1994

cases. It is not unusual in high profile cases for the general public to disagree with a judge's decision on sentencing based solely upon their review of a newspaper article or news report without having the benefit of all the evidence and testimony in the courtroom. I find it interesting to note that in the tragic case this past year in which Nancy Moore Thurmond lost her life here in Columbia and the defendant stood in a Circuit courtroom before another distinguished judge, to plead guilty in that case, a poll taken thereafter by WIS-TV showed that 84 percent of the general public disagreed with the sentence imposed by that distinguished judge. I mention that case only to emphasize the fact that in high profile cases, public opinion as to whether or not any given sentence within a judge's discretion is right or wrong, varies greatly. It always has, and it always will. However, it is vital that our judges be free of the consideration of polls and whether newspaper readers believe, based upon facts summarized by a reporter, that a particular sentence was or was not correct. The South Carolina Bar, after a thorough and confidential evaluation, issued a report indicating that Judge Cottingham, renders forthright and punctual rulings and decisions; is effective in the oversight of trials, the administration of docket control and resolution of cases; has an outstanding knowledge of statutes, case law and rules of evidence; has an absence of bias, prejudice, partiality or favoritism for all parties concerned; and, possesses an excellent judicial demeanor and temperament but still maintains strict control of the courtroom and the proceedings. In finding him `well-qualified', the Bar's Judicial Qualifications Committee simply confirmed that which many who have been honored to be in his courtroom already knew. And that is that the Honorable Edward B. Cottingham is indeed a credit to our Judiciary, to his position, and to this State. I am very proud to say to him today that this General Assembly acknowledges the difficult tasks before him in dispensing justice and that we look forward to his continuing to do so in the same fair and impartial manner in which he has carried out those awesome responsibilities over the past decade. A few of you have indicated to me that you intend to express your displeasure about Judge Cottingham's service by casting a `no' vote today. I respect that as obviously we in this Chamber, like judges, are elected to make difficult decisions. Likewise, we, like judges, are charged with the responsibility of informing ourselves with all the facts in a given matter so that we can make a logical and informed decision within our discretion. Therefore, I simply implore that those of you who may be considering such a protest to reach down deep within your heart and within your conscience and ask yourself, as a judge should when he is on the bench facing a difficult decision, whether or not you have

Printed Page 1364 . . . . . Wednesday, February 2, 1994

satisfactorily armed yourself with all the facts. Ask yourself honestly, have I got all the facts? Have I read the transcript? Have I read the Screening Report, the Bar report and the other documents pertaining to Judge Cottingham's performance on the bench; and, lastly, have I got the full picture of Judge Cottingham's ten years of service on the Circuit bench? If you can honestly respond to yourself on these questions, then you certainly will have discharged your duty, and you have no one to answer to. I suspect this process is the same mental process that any good judge goes through in rendering difficult discretionary decisions on the bench. Likewise, we owe the judiciary, the citizens of this State, and the system that we represent this same duty. I thank you for patiently listening to me as I share with you why the delegation of our Fourth Circuit unanimously endorses this outstanding jurist for another term. Thank you."

The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called:

The following named Senators voted for Mr. Cottingham:

Bryan             Courtney         Elliott
Ford              Giese            Glover
Gregory           Hayes            Jackson
Land              Lander           Macaulay
Martin            Matthews         McConnell
McGill            Moore            O'Dell
Patterson         Peeler           Rankin
Richter           Short            Smith, J.V.
Stilwell          Washington       Williams
Wilson

TOTAL--28

The following named Senators voted in the negative:

Cork              Courson          Drummond
Leventis          Mescher          Passailaigue
Reese             Rose             Ryberg
Smith, G.         Thomas           Waldrep

TOTAL--12

Printed Page 1365 . . . . . Wednesday, February 2, 1994

The Reading Clerk of the House called the roll of the House and the Representatives voted viva voce as their names were called:

The following named Representatives voted for Mr. Cottingham:

Alexander, M.O.  Alexander, T.C.  Anderson
Askins           Bailey, G.       Baker
Barber           Baxley           Beatty
Boan             Breeland         Brown, G.
Brown, H.        Byrd             Carnell
Cato             Cooper           Cromer
Delleney         Farr             Felder
Fulmer           Gonzales         Govan
Graham           Hallman          Harrell
Harrelson        Harris, J.       Harris, P.
Harrison         Harvin           Harwell
Haskins          Hines            Hodges
Holt             Houck            Huff
Inabinett        Jennings         Kinon
Law              Martin           Mattos
McAbee           McCraw           McElveen
McKay            McTeer           Neilson
Rhoad            Riser            Robinson
Rogers           Rudnick          Scott
Sharpe           Sheheen          Simrill
Smith, D.        Snow             Spearman
Stoddard         Sturkie          Thomas
Trotter          Tucker           Waldrop
White            Wilder, D.       Wilder, J.
Wilkins          Williams         Wofford
Worley           Young, R.

Total--77

The following named Representatives voted in the negative:

Allison          Bailey, J.       Canty
Chamblee         Clyborne         Davenport
Elliott          Fair             Gamble
Hutson           Jaskwhich        Keegan
Kirsh            Klauber          Koon
Lanford          Littlejohn       McMahand
Meacham          Neal             Phillips

Printed Page 1366 . . . . . Wednesday, February 2, 1994

Quinn            Shissias         Smith, R.
Stille           Stone            Stuart
Townsend         Vaughn           Waites
Walker           Wells            Young, A.

Total--33

RECAPITULATION Total Number of Senators voting . 40 Total Number of Representatives voting 110 Grand Total . . . . . . . . . . 150 Necessary to a choice . . . . . 76 Of which Mr. Cottingham received 105 Of which the negative received . . 45

Whereupon, the President announced that the Honorable Edward B. Cottingham, having received a majority of the votes cast, was duly elected for the term prescribed by law.

STATEMENT OF WOMEN'S CAUCUS REGARDING ELECTION OF JUDGE COTTINGHAM

Each member of the Women's Caucus will vote her individual conscience regarding the reelection of Judge Edward Cottingham. The Caucus is aware of the notoriety surrounding the sentencing of Magistrate Archie Lee by Judge Cottingham, and we are united in our desire to use this opportunity surrounding this notoriety to express our expectations that all judges exhibit sensitivity to victims of crimes without regard to race, sex or political connections. Further, that all sentences issued by members of the South Carolina Judiciary be unbiased and fair.

While it has come to the attention of the Caucus that the sentence set out in the case of Magistrate Lee was within the guidelines, it is our belief that a heightened sensitivity by Judge Cottingham to the feelings and concerns of the victims could have alleviated many of the concerns that have been expressed regarding the case.

The Caucus expresses sympathy to victims of the crimes of Magistrate Lee as well as victims of other crimes across South Carolina. We feel that a heightened sensitivity toward victims is needed. We will work to strengthen sentencing guidelines in order to insure fair, unbiased and more

Printed Page 1367 . . . . . Wednesday, February 2, 1994

uniform sentencing while maintaining a flexibility that allows compassionate judging.

Carole C. Wells Merita A. Allison Becky Meacham Elsie Rast Stuart Margaret J. Gamble Bessie Moody-Lawrence Annette Young Denny W. Neilson Candy Y. Waites Alma W. Byrd June S. Shissias Lucille S. Whipper Paula H. Thomas Sandra S. Wofford Molly M. Spearman

CIRCUIT COURT JUDGE, FIFTH JUDICIAL CIRCUIT

The President announced that nominations were in order for a Circuit Court Judge, Fifth Judicial Circuit.

Rep. HODGES, on behalf of the Joint Screening Committee, read a letter from Ms. Malisssa Burnette stating her withdrawal as a candidate.

Rep. HODGES, on behalf of the Joint Screening Committee, nominated Mr. L. Casey Manning.

Rep. HODGES moved that nominations be closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the President announced that Mr. L. Casey Manning was duly elected for the term prescribed by law.

RECORD FOR VOTING

I would like to cast my vote for Malissa Burnette for Circuit Judge in the Fifth Judicial Circuit.

Rep. CANDY Y. WAITES

CIRCUIT COURT JUDGE, ELEVENTH JUDICIAL CIRCUIT

The President announced that nominations were in order for a Circuit Court Judge, Eleventh Judicial Circuit.

Rep. CROMER withdrew Mr. Clyde N. Davis, Jr. as a candidate.

Rep. HODGES, on behalf of the Joint Screening Committee, nominated the Honorable Marc H. Westbrook.

Rep. CROMER moved that nominations be closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the President announced that the Honorable Marc H. Westbrook was duly elected for the term prescribed by law.

Printed Page 1368 . . . . . Wednesday, February 2, 1994

RECORD FOR VOTING

I would like to cast my vote for Clyde N. Davis, Jr. for Circuit Judge in the Eleventh Judicial Circuit.

Rep. CANDY Y. WAITES

CIRCUIT COURT JUDGE, AT LARGE, SEAT 2

The President announced that nominations were in order for a Circuit Court Judge, At Large, Seat 2.

Rep. HODGES, on behalf of the Joint Screening Committee, withdrew Mr. John Sinclaire, III as a candidate.

Senator Bryan withdrew Mr. Robert S. Armstrong as a candidate.

Rep. HODGES, on behalf of the Joint Screening Committee, nominated Mr. R. Markley Dennis, Jr.

On motion of Senator Bryan, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the President announced that Mr. R. Markley Dennis, Jr. was duly elected for the term prescribed by law.

ELECTION OF MEMBERS OF THE OLD EXCHANGE BUILDING COMMISSION

The President announced that nominations were in order for members of the Old Exchange Building Commission.

Senator Leventis nominated Capt. John S. Coussons, Mrs. Louise Burgdorf and Mr. Sherman Smith.

On motion of Senator Leventis, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominees.

Whereupon, the President announced that Capt. John S. Coussons, Mr. Sherman F. Smith and Mrs. Louise Burgdorf were duly elected for the term prescribed by law.

JOINT ASSEMBLY RECEDES

The purposes of the Joint Assembly having been accomplished, the President announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.

The Senate accordingly retired to its Chamber.

THE HOUSE RESUMES

At 12:59 P.M. the House resumed, the SPEAKER in the Chair.

Printed Page 1369 . . . . . Wednesday, February 2, 1994

Rep. WILKINS moved that the House recede until 2:30 P.M.

Rep. KIRSH moved that the House do now adjourn, which was adopted.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4657 -- Rep. Waldrop: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE MS. FRANCES LORRAINE PARIS OF NEWBERRY FOR FORTY-FOUR YEARS OF DEDICATED SERVICE TO THE NEWBERRY PUBLIC SCHOOL SYSTEM AS DIRECTOR OF INSTRUMENTAL MUSIC.

ADJOURNMENT At 1:04 P.M. the House in accordance with the motion of Rep. SIMRILL adjourned in memory of Bob Marett of Rock Hill, to meet at 10:00 A.M. tomorrow.

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