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Also the third week -- the fourth week of each month, we sit as an appellate panel and we then review briefs that are filed by attorneys on both sides on cases that have been appealed from a single commissioner. And we sit and we listen to ten minute arguments from each attorney. We then have to make a decision whether there is substantial evidence on the

Also as one of the seven commissioners, we have the sole responsibility of running a state agency and that's an additional hat I wear over there. We have 80 plus employees over there and are responsible for that budget over there running that agency, so those are what I think I have to offer from that standpoint.

With regard to managerial skills, if I could speak to that, if you would like to hear that further.
Q. Please.
A. When I was in the Navy, the first two years in the Navy, I was a flag lieutenant to an admiral. I was responsible for running the Flag Division which consisted of 125 enlisted men. That was my responsibility for almost a year and a half. I had 12 chiefs and the rest were enlisted men under E-6 and below.

I did that and then my last year in the military, I ran with three other officers an operation in Vietnam, so I think I have a vast experience of running -- of handling different people and it would be from a managerial -- as a manager.
Q. You mentioned your tax degree. What other -- what do you know about the substantive and procedural law, administrative law in other areas other than Workers' Compensation Commission and perhaps tax?
A. My experience in administrative law was probably one or two cases before the ABC Commission, numerous cases in the Social Security arena, several cases before the Residential Homebuilders Commission. I don't have any experience in Environmental law over there, but I would think as any good circuit judge will tell you and I know this is not a Circuit Court, but if we're going to have to hear cases in all areas of law, we're going to have to do the same thing they do.

We're going to have to sit and listen to the facts, research the law and maybe have briefs submitted to us with regard to the respective positions and then evaluate that and learn as we go along just as all judges do. I don't have expertise in every area of the law, though. I will admit that.
Q. Do you practice law now?
A. No. As a Commissioner, it's a full time job.
Q. Full time, Worker's Compensation Commission. What do you think your first day will look like come March 1st? What will you be doing that first day, that first week?
A. Well, there is not a place for us to meet from what I understand, so I would imagine the first day would be a matter of meetings, meeting with

It's going to take a lot of work and it's not something -- I don't think that the three Administrative Law judges are going to be able to do it by themselves. I think there is still going to have to be some input and some work with the Legislature itself.

There is going to have to be some additional funding to set up some of the positions that are going to be required to have this court run in an efficient manner.
Q. Well, in that area have you given any thought to what the budget would be --
A. No, sir.
Q. -- when you take the office -- all right.
A. I know that there is going to have -- unless we hire court reporters, we're going to have -- from court reporting agencies or companies around town, we're going to have to hire some court reporters and we know they're 24 to $30,000 a year salaries to start off with there, so we're looking at -- you know, we're probably looking at three of those to start off with.

I think there's a Clerk of Court that's mandated by the legislation. I'm not sure how quick that's going to be, you know, something that -- someone can come on board. It'd have to be evaluated carefully.
Q. How would you get a grasp on what you needed to start as far as a budget? We're going -- when you take office as a chief judge of the ALJ Division, the budget process is well underway for 94-95, something needs to be done fairly quickly.
A. I would hope to be able to meet with Court Administration and get some guidelines, some help and assistance from them and also of people on the staff of the Supreme Court and also the Court of Appeals and also talk with administrative courts in other states that have those.
Q. As the chief judge, what steps would you take to make sure the case load is moving?
A. Hopefully, the Clerk of Court will do that, but until that's set up, that's just an evaluation that one's going to have to do on a weekly basis, see what the volume of the cases are, see what the status of them are.

That's been -- and I have -- even when I was hearing her cases, the most I heard was two or three cases and several appeals, but I have distanced myself completely from her and her practice for over two years.
Q. I see. Are there ever any other discussions about her even -- no matter how --
A. No.
Q. -- innocuous with the other commissioners?
A. No, sir.
Q. On your statement of economic interest, you report a very minuscule interest in the Robert Mills' building, which is -- I believe is leased by the Budget and Control Board and there is a sublease to DHEC as --
A. That is formerly -- and Bob Mays, Robert Foster, Bill Booth and several other people here in Columbia have a law office up on Devine Street. Gene Griffith and I originally practiced law with them from '79

I think my interest is less than one tenth of one percent. I really don't know very much about it, but in that I -- you know, it's something insignificant and minute interest. I felt I needed to put it down.
Q. Would it have any impact on you in hearing cases from the Department of Health and Environmental Control?
A. I can't see how it would have any impact at all.
Q. Do you feel you would need to recuse yourself from those cases?
A. No, sir.
Q. All right.
A. I don't think I receive any income from it. I'm -- hopefully, some day I may receive some interest, but maybe not. Maybe partnership -- these days.
Q. On your Personal Data Questionnaire, you reported that you had been a codefendant in your status as a guardian ad litem, an escrow agent and trustee. If you would, briefly explain those actions, the allegations -- if there are any allegations against you for fraud, deceit or violation of your fiduciary duty?
A. No. No. It would have been -- it would be when I would be appointed guardian ad litem maybe in a Family Court action to represent some minor child or trustee in a court and probate court or something like that. These are just normal fiduciary positions that attorneys take in their law practice at the request of some fellow attorney. As a commissioner, I named lawyers as guardian ad litem to represent minor children all the time. That's what they involve.
Q. All right, sir. But what would be the nature of the allegations against you? I mean, you might be named as a guardian --
A. There wasn't any -- well, I think there may have been a foreclosure action or there may have been some -- I really don't know the particulars of those cases. I went back and looked at them, but because they were all situations where there was never any action brought against me in a personal -- you know, in a personal nature, and I read all those actions.

I went to Newberry and looked at all those court documents and pulled all the files themselves, but there was never anything to impute my character or had anything to do with credibility whatsoever. I'm not -- I can't recall the nature of those cases, but --
Q. Are any violation of your fiduciary duty or --
A. No, sir. No violation of any duty I had.

It was delivered Monday afternoon around 3:00 or 4:00 o'clock and that's when I found out, sir.
Q. Do you recall what date -- what the date of the letter was?
A. I think I have it over here in the --
Q. Would you look?
A. Would you like me to look?
Q. I would.
A. I think I have it over here. I don't know why I brought it, but I did. I'm sorry. I didn't bring it with me.
Q. I have no more questions, Mr. Chairman.
THE CHAIRMAN: Thank you, Senator. Any other questions? Commissioner, let me ask you about if someone who was acting in a judicial -- quasi-judicial capacity right now, what safeguards have you taken to ensure that -- I'm sure that many of the comp. lawyers that

I would imagine in idle conversation, I have mentioned it to many of them I'm running because a lot of them are old friends of mine on both sides of the bar. I haven't utilized that relationship in any way nor asked them to help or assist me in my -- you know, in my candidacy, though.
THE CHAIRMAN: Thank you.
A. If I could ask for one other thing with regard to the way I do my orders that might be of interest to you, there was an Attorney General opinion written by Cam Lewis of some four or five years ago. He's an old friend of mine and when I first went on the Commission, Cam and I were talking about ex parte and so forth in regard to orders and I've made it a practice to send a letter if I ask an attorney to draw up a proposed order for me.

I outline in the letter or in an attachment the facts as I see them in the case, the -- my rulings and my order, all of that, and any law, either case law or otherwise that I want to incorporate in the order. I send a copy of that letter to opposing counsel and I ask the lawyer if he has any problems with drawing the order, please let me know.

You know, I don't require anyone to draw an order for me. Because of case load, we don't have time to draw all of our orders over there and then when it comes in, a copy is furnished to opposing counsel and he has a minimum of ten days to get in a written objection to me. And, of course, under our -- we have Court of Appeals cases in the state which allows any judge or commissioner to change their mind on any order anyhow until they affix their signature to it, so I still reserve that right.

You know, I scratch through a good bit of the orders and change them around a good bit, but that's my practice in the way that the orders are prepared.
THE CHAIRMAN: Thank you, Commissioner. Any further questions? Thank you very much.
A. Thank you all very much.

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