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As far as organization of the office, I mean do you want to go into that at this time?
Q. Yes.
A. I think whoever becomes the chief judge, which I filed for that seat, will have quite a job beginning March 1st. I have made contact with the Chief Judge in Maryland, Chief Halk (phonetic) and have -- they have an Administrative Law Judge Division in Maryland. As a matter of fact, our Legislature modeled what we have here not exactly, but they used Maryland and Minnesota.

I contacted the Chief Judge in Maryland because he was closer and spoke with him and he has had -- his position is different from ours where he -- how he got there and how he started his job is very different from what we have here. He has 55 lawyers and judges under him.
Q. What did he start out with?
A. He started -- he just started this in 1990 and he -- they did it a little differently. He was a Governor's appointee and then he hired -- and he hired from those that were working as hearing officers. This is different and -- but it look him about three months to set it up.

He is quite willing for me to come up there and visit with him to see how they managed and set up their office, although it is not -- as I said, theirs much bigger. They have 19 courtrooms. They designed their own building. Ours would be much smaller in scale, but hopefully as professional as --
Q. What will you do March 1?
A. I would -- if I were elected February 16th, I would begin February 16th.
Q. Okay.
A. And I would -- as I stated, one of my first contacts would be to talk with that judge and also there -- there are 18 states that have this legislation. Not every state does. We're number 18. The last person that set it up was South Dakota. They were number 17. A woman -- I might contact her and I would intend to visit Baltimore to see how they set theirs up and to actually spend the day. He told me he would spend time with me himself.

It's a new beginning and that in the practice of law is very unusual because normally lawyers are looking in the past to find answers instead of looking to the future and I -- that's one reason that I filed for this position because it is a -- it's new and it's going to be developed and whoever is at the helm of that ship is going to decide how it floats.
Q. Your practice is as you said in your PDQ, 95 percent criminal and 90 percent before a jury.
A. Yes.
Q. Of course, the ALJ, he will -- this person will operate in a very different capacity since that work is totally civil and he is the sole practitioner -- sole decision maker, excuse me, and so how do you plan on making that transition? Is there extra education you need? What -- how do you plan to do that?
A. I attended the only seminar we had at the end of the year on Administrative Law. I have served under single judges and not juries at an earlier time in my career. The first six years of my career, I practiced before Family Court judges and there is no jury in the Family Court system, so I've had experience with the single judges, also.
Q. Uh-huh.
A. Education would be important, I think, for all members who -- anyone that is elected as a judge in this area. Cross -- possible cross-training would be important dealing with some of those that are hearing officers now in one area -- if anyone is elected that has experience in one area and there is another judge that's elected that experience in that area, there will be, you know, some cross-training of those judges with each other.
Q. What have you done to avoid conflicts between your employment as a solicitor and these efforts to become an ALJ?
A. What conflicts are you asking about?
Q. Well --
A. Ethically?
Q. Ethical conflicts of using your time that you are on the job as a solicitor to do any campaigning, that kind of stuff, how have you --
A. Oh, no. I would never --

Currently, I don't know when ya'll will report, I know it's important to be available when you do report as far as this committee and I have worked to have someone in my office take over some of the responsibilities. I have done that because ya'll could report next week, and I don't know, and I've worked along those lines, having some of my work delegated to other persons.
Q. And what is the extent of your administrative law experience?
A. I have not been a judge in any capacity, I'm sure that's what you're asking, nor have I practiced before administrative hearings.
Q. Please describe how you have gone about introducing yourself to legislators. Have you done this individually? Have you done it to groups? I don't want to preempt Senator McConnell.
A. I have introduced myself to some legislators. My -- as I understand the law, we are able to introduce ourselves and to discuss our qualifications for the position. First, I presume that could be either written or oral and I've exercised both rights.

I have sent a letter to each legislator, a brief letter with a resume and I have met a few legislators and introduced myself. I have not asked for any pledge or commitment or anything. And --
Q. Are you aware of any solicitation without your authorization or your request of a legislator or a legislator's vote for you? Has anyone done that?
A. No. Not that I'm aware of. I'm not aware of any.
Q. And we have an expenditure amount here that you have reported to the Senate Ethics and the House Ethics, are there any additions or changes to be made to that?
A. One addition, at this time. I, of course, will file mine at the end, but I have -- I spent $45 on a parking place.
Q. Okay. That's important to have.
A. Right here at the State House.
Q. You could spend a lot more than that on tickets. I have no more questions.
THE CHAIRMAN: Thank you. Questions from the Members? Senator McConnell.

I did offer at that time, I said I have five people listed as you requested, but I would be glad to give additional names if you would like because the committee may have problems reaching people over Christmas. It was just a courtesy on my part offering to give more than the five because I know sometimes it's difficult to get in touch with people with busy schedules.

And in an abundance of caution, I hope I haven't violated anything by doing this, but I did speak with one of the members of the screening committee. I presumed it was after -- I presume that it was after they had determined. They met with us on Wednesday and my understanding was they were to meet that afternoon and make their decision that afternoon and I knew one of the members and I did talk -- I spoke with him.
Q. No one has contacted you regarding your candidacy, a member of the Bar Screening Committee?
A. I don't think so. I don't remember. I mean, but it was before it became public. Your question said before --
Q. Yes. Okay. Thank you.
THE CHAIRMAN: Mr. Alexander.

In other words, a lot of times I think in the some
-- there is some misconception somewhere that, you know, state employees go from 9:00 to 5:00 and don't be near an exit door at 5:00 o'clock. Don't be around. And I think because of the backlog of work that is awaiting, that time is going to be of the essence and is there anything that would prevent you to commit the time that would be necessary to get this organized and put it together?
A. No. And I appreciate you asking that because it gives me another opportunity to say something nice about myself. I work now probably from 8:30 in the morning until 7:00 o'clock at night, every night and often go in on the weekend. I'm in a job that I can for a long -- that I've done for a long time, so obviously, I am one that thinks that being around is -- I mean I don't mind working.

I'm somebody I enjoy working and I think that if I didn't -- I think this job will require -- I think the first two years will be very important. I think it will be -- require a lot of dedication of whoever becomes the chief judge to create one that --
Q. Well, one final question, in your philosophy about the decisions that are -- that the administrative law judges make, I know that in some circuit courts and I think it's because of the tremendous work load that the judges face, many times, the judges will have the attorneys to prepare proposed orders for signature and I have noticed on some occasions maybe being on the losing side, that some of these orders maybe somewhat slanted or you can't help many times but enter your personal feelings into some of these

1. Marvin Frank Kittrell
Home Address: Business Address:
100 Granby Crossing - #606 S. C. Workers' Compensation
Cayce, SC 29033 Commission
612 Marion Street, P. O. Box 1715
Columbia, SC 29202-1715

2. He was born in Daytona Beach, Florida on October 3, 1941. He is presently 52 years old.

4. He was previously divorced on December 30, 1977, from Rebecca Carruthers Kittrell by the Family Court, Newberry, South Carolina. Applicant, as moving party in the action, obtained the divorce on the ground of one year's separation. He was also divorced on January 6, 1992, from Julia Wagner Kittrell by the Family Court, Spartanburg, South Carolina. Applicant, as moving party in the action, obtained the divorce on the ground of one year's separation.

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