| Printed Page 1770, Feb. 10 | Printed Page 1790, Feb. 10 |

In regards to the case below that, in review my files to prepare to testify because I didn't know how much you'd asked me and my memory is not as good as it used to be, the Wright case was appealed by the defendant and I represented the plaintiffs continually in that, so it should be added under 18, Part C. It was appealed to the South Carolina Supreme Court. It was ultimately dismissed by the Supreme Court for the appellant's attorney's failure to properly protect the record.
THE CHAIRMAN: Any other changes?
MR. MAYER: None, sir.
THE CHAIRMAN: All right. The --
MR. MAYER: I would ask one thing, sir, and it doesn't matter. Ms. Satterwhite has told me that it doesn't matter, but I'm going to ask it anyhow, I would prefer if it is at all possible, the references to my divorces be eliminated from the public record.

It doesn't have anything to do with anything. It's not anything I'm ashamed of. It's not anything to be proud of. It's -- it doesn't really matter and I would prefer it be left out if possible. If you can't, I understand.
THE CHAIRMAN: We'll take that under consideration.
MR. MAYER: Thank you.
THE CHAIRMAN: Is there any objection to our making the summary with the amendments that you have stated a part of the record of your sworn testimony?
MR. MAYER: None at all, sir.
THE CHAIRMAN: There being none, that will be done at this point.

1. Jacob Harold Mayer, Jr.
Home Address: Business Address:
205 Chamblee Road P. O. Box 1132
Walterboro, SC Walterboro, SC 29488-1132

2. He was born in Walterboro, South Carolina on May 23, 1944. He is presently 49 years old.

4. He was previously divorced on June 10, 1969; Marla M. Mayer (moving party); Superior Court of Chatham County, Georgia; Eastern Judicial Circuit; mental cruelty. He was also divorced on October 12, 1976; J. Harold Mayer, Jr. (moving party); Jasper County Court of Common Pleas; desertion. He was married to Ruth Augusta Coburn on August 31, 1979. He has one child: John-Michael Jacob, age 8.

5. Military Service: N/A

6. He attended the University of South Carolina, September, 1962 - August, 1966, B.S.; and the University of South Carolina School of Law, September, 1969 - May, 1972; J.D.

8. Legal/Judicial education during the past five years:
CLE has been varied including Probate, Personal Injury, Trial Strategy, Environmental Law, Legal Ethics, Drug & Alcohol Addiction, Insurance Law, and Alternative Dispute Resolution courses.

12. Legal experience since graduation from law school:
He practiced law in Jasper County from 1972-1977, initially as an associate with Luke N. Brown, Jr. and later as a partner with R. Thayer Rivers, Jr. Since 1977, he practiced solo in Walterboro, South Carolina except for November, 1982 to February, 1984, when he practiced with J. P. Harrelson and T. K. Alexander. His practice has been general with matters handled including Plaintiff's personal injury, criminal, domestic, real estate, probate, administrative, contracts and corporate law.

13. Rating in Martindale-Hubbell:BV

NOTE REGARDING QUESTIONS #14, #15 AND #16:Mr. Mayer had closed his law office in March of 1991. The answers given to these questions are based upon the five-year period previous thereto in order to provide the Committee with as much information as possible.

15. Percentage of litigation:
Civil - 60%
Criminal - 20%
Domestic - 20%

16. Percentage of cases in trial courts:
Jury - 65%
Non-jury - 35%

Mostly sole counsel

17. Five (5) of the most significant litigated matters in either trial or appellate court:
(a) Billups v. Nesbitt, et al. This action for wrongful death by drowning was unique as it involved issues of admiralty, strict liability, breach of express warranty and breach of implied warranty. This case, and companion cases, were successfully settled for Plaintiffs after one day of trial.
(b) State of Georgia v. Daley. This involved extradition proceedings in Jasper County, South Carolina and a murder trial in Superior Court, Chatham County, Georgia. The case presented jurisdiction issues as to the extradition and prosecution for a crime alleged to have occurred on a bridge to federal property ceded to the United States by the State of Georgia.
(c) State v. Matarazzo, 207 S.E.2d 93. This was an appeal to the South Carolina Supreme Court which presented the issue of whether or not a conviction for possession of marijuana with intent to distribute was proper when the appellant was absent when the offense occurred.

18. Five (5) civil appeals:
(a) Janice Benton Hiers, Respondent v. Thornwood D. Hiers, Jr., Appellant, S. C. Supreme Court, August 12, 1981 (appeal of case set forth in answer to 17(d) above), 81-MO-221.
(b) James W. Horton, Respondent v. The Hammett Co., Appellant, Appeal to S. C. Supreme Court, 1976. Settled on appeal prior to briefs being filed.

20. Judicial Office:

Appointed Deputy Recorder and later City Recorder for Walterboro (January, 1978 - March, 1979), jurisdiction over traffic offenses and misdemeanors not exceeding 30 days imprisonment or $200 fine.

Elected Magistrate for Colleton County (March - September, 1979), jurisdiction over traffic offenses and misdemeanors not exceeding 30 days imprisonment or $200 fine.

21. Five (5) Significant Orders or Opinions:

None of the decisions were of any major significance - no reported opinions

23. Employment As a Judge Other Than Elected Judicial Office:
Self-employed attorney

25. Occupation, business or profession other than the practice of law:
Briefly engaged in Amway sales part-time from July through December, 1980

28. Financial Arrangements or Business Relationships (Conflict of Interest):
None. Should an unexpected conflict of interest arise, he would recuse himself from any judicial determinations.

32. Sued: He was joined as a Defendant in two suits concerning a lot he owns, but had no financial liability. Additionally, he was named as a Defendant in a timber contract dispute of his clients, because he owned an interest in a portion of the timber for legal fees earned.

45. Bar Associations and Professional Organizations:
South Carolina Bar; Florida Bar; Phi Alpha Delta (alumnus); former member of South Carolina Trial Lawyers Association; (no offices held)

46. Civic, charitable, educational, social and fraternal organizations:
St. Jude's Episcopal Church; Mason (American Lodge #98 A.F.M.); 32nd Degree-Scottish Rite (Dalcho Consistory); Pi Kappa Phi (alumnus); (no honors or awards).

47. He feels that he is most qualified for this position as his background and experience in the practice of law has been extensive. Additionally, his prior judicial experience as Deputy Recorder, Recorder and Magistrate would be helpful in carrying out both the administrative and judicial functions of the office. He sincerely believes that he possesses the character, moral fiber and temperament to execute the functions of this office to the highest standards which our citizens rightfully expect and deserve.

2. Positions on the Bench:
Deputy Recorder, City of Walterboro and Recorder, City of Walterboro (January, 1978 - March, 1979); Magistrate for Colleton County (March, 1979 - September, 1979); Walterboro District

10. Extra-Judicial Community Involvement:
At present he has no community involvement. He did serve as Chairman for the Colleton County United Way for the 1977-1978 campaign. To the best of his recollection, this was prior to his first appointment to judicial office.

The Board of Commissioners on Grievances and Discipline reports that no formal complaints or charges of any kind have ever been filed against you. The Judicial Standards Commission has no record of reprimands against you in your service as City Reporter. The records of the applicable law enforcement agencies, being Colleton County Sheriff's Department, Walterboro City Police Department, SLED and FBI, all of those records are negative. The Judgement Rolls of Colleton County are negative.

Before turning you over to Ms. McNamee for questioning, I'm going to give you the same opportunity that we've given the others and that is to make a brief opening statement.
MR. MAYER: Well, one correction, you said as far as City Recorder and as a Magistrate. I was a Magistrate for Colleton County.
THE CHAIRMAN: All right.
MR. MAYER: My statement will be very brief. First and foremost, I appreciate ya'll giving me the opportunity to appear here today. I appreciate you staying late and working overtime to let me get through and not to wait.

I think that we are embarking on what we would say a new process for handling decisions for administrative cases in South Carolina. I look at it as a challenge. I welcome the challenge.

I cannot sit here and tell you that I can answer all the questions that you may ask me concerning this, however in my law practice since 1972, I have been very adaptable and resourceful and if I don't know the answers, I know how to find the answers and I am confident that I can do the job and I would love the opportunity. Thank you.
THE CHAIRMAN: Thank you very much. Ms. McNamee.
MR. MAYER - EXAMINATION BY MS. MCNAMEE.
Q. Thank you. Mr. Mayer, you have filed for Seats 1 and 2. Have you chosen one of them at this time or do you want to leave that open?
A. I was going to leave it open. Prior to filing, I received certain information, I probably will run chiefly for Seat 1, but at the time, I wanted to leave it open. I filed for Seat 2 on the off chance that there may -- and we don't know what's going to happen. There may be some fallout concerning people who work for members of the General Assembly being appointed to certain offices or elected to certain offices. Kind of the fox guarding the hen house sort of analogy. I don't think that, but we never know what the public thinks and if that were a problem in any case, then I wouldn't want to close the opportunity to be there.
Q. Okay. Is --
A. But I am running chiefly for Seat 1.
Q. We're only going to talk to you one time.
A. I'll do it again.
Q. Is your legal office closed presently?
A. Yes, it is. I closed my office out in March of 1991 for a combination of reasons, primarily personal.

Quite frankly, I didn't mean to shoot myself in the foot, but I mean I wasn't trying to gauge it particularly for this thing. I was just giving a general reference background to the types of cases that I had handled. I think I answered your question.
Q. Thank you.
A. Did I leave off anything you wanted answered?
Q. No, sir. But you also have been a City Recorder and a Magistrate and I wondered, if you could please tell the group how those skills, working in those offices would help you or would be transferrable to duties of a chief a ALJ?
A. Well, first of all, having gone through that, you must have patience, you must have management skills and you need to have people skills. And when I say patience, sometimes it's hard to be patient at 3:00 o'clock in the morning when the citizens call you on the phone wanting you to come down and issue a warrant.

Insofar as management skills, you have to run a docket with a series of cases and you have to dispose of them in an orderly fashion. In most type cases, I don't think there is a requirement at the time, but we always tried to do it -- we tried to dispose of DUI cases promptly. DUI trial. Now, it's law I think that they have to be disposed of within a certain amount of time or you have to direct Court Administration and tell them why not and they want to know.

I feel like the prior experience in that regard and I put in my questionnaire that there is nothing of any significant importance in -- happened important when the jurisdiction is $200 or 30 days. It's hard to conceive of anything really significant happening.

I've handled some significant preliminary hearings in regard to major drug cases and bond hearings, but nothing really significant happens in Magistrate's Court. It's usually friends against friends, somebody complaining about the neighbor's dog.
Q. Why did you leave that position? Why did you leave it?
A. In 1979, I had to resign my Magistrate's position in order to be a candidate for the House of Representatives.

| Printed Page 1770, Feb. 10 | Printed Page 1790, Feb. 10 |