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During my interview, Mr. King asked me if I had any questions and I asked him what their intended process was for contacting references and he said, "Well, if we haven't already contacted them, we will." And I said,
"Well, you know, there are several I know that have not been."

Subsequent to that, the next day, three of the people that I listed informed me that they had been contacted. And I can't speak for the rest of them. I haven't asked them.
Q. When and how were you notified of the results?
A. I received a hand-delivered letter on Monday, January 10th in my office.
Q. And I see in their list as far as finding you qualified, they state that your limited experience in legal advocacy is of some concern. Thank you.
THE CHAIRMAN: Other questions?
EXAMINATION BY SENATOR RUSSELL:.
Q. Sir, you're at lunch with a colleague from Presbyterian College and a person you went to the University of South Carolina law school with and they're an attorney that appear before you many times in your court or in your hearing in your capacity as a hearing officer and they start to discuss a case that is coming up with you in the future, how are you going to handle that?
A. I hope if they have that kind of training that they wouldn't do that in the first place. I would just try to stop it as soon as it started to come out of the mouth and admonish them that I would not be able to discuss any other matter whether it be pending or possibly coming up before me.

I think most attorneys and hopefully all the ones that I know wouldn't try to do that in the first place, but for two reasons, they would be good attorneys and, second of all, because they know that I wouldn't tolerate that type of activity.
Q. Would you have any trouble with a lunch?
A. With having lunch?
Q. Uh-huh.
A. If they had a matter pending before me or --
Q. Or regularly appear before you and they're also your friend? They're also your friend from college and law school?
A. Well, I think that judges have to be a lot more careful about appearances and even though there never would be any impropriety that

I can't tell you that I would want to do that for the rest of my professional career or not, but I think that since this is a new endeavor, that it requires dedication at the very beginning to put the time and effort to make sure that it's done right.
THE CHAIRMAN: All right. Further questions? If not, thank you, Mr. Bates.
A. Thank you.
THE CHAIRMAN: The next is Karen Lynn Kanes. Ms. Kanes, if you'd raise your right hand, please.
KAREN LYNN KANES, having been duly sworn, testified as follows:
THE CHAIRMAN: Have you had a chance to review the Personal Data Questionnaire Summary?
MS. KANES: Yes, I have.
THE CHAIRMAN: And is it correct?
MS. KANES: It is.
THE CHAIRMAN: Are there any amendments or clarifications that need to be --
MS. KANES: No, there are not.
THE CHAIRMAN: Is there any objection to our at this time making that summary a part of the record of your sworn testimony?
MS. KANES: There are none.
THE CHAIRMAN: All right. That will be ordered at this time.

1. Karen Lynn Kanes
Home Address: Business Address:
1775 Reidville-Sharon Road Spartanburg County Courthouse
Greer, SC 29651 Spartanburg County Magistrate Court
180 Magnolia Street
Spartanburg, SC 29301

2. She was born in Houston, Texas on August 14, 1962. She is presently 31 years old.

4. She was previously divorced on July 20, 1989; Family Court of the Thirteenth Judicial Circuit; James Lafon Rogers (moving party); ground of one year's continuous separation. She was married to Michael Murphy Armor on May 31, 1992. She has no children.

5. Military Service: N/A

6. She attended Goucher College, 1980-1983, Bachelor of Arts in 1983; and the University of South Carolina School of Law, 1983-1986, J.D. in 1986.

8. Legal/Judicial education during the last five years:

Mandatory Continuing Legal Education, 1988-1993, a sundry of classes non-specific ranging from Worker's Compensation to Evidentiary Issues.

Mandatory Judicial Education, 1992 to present, classes attended as incoming Magistrate coupled with mandatory annual magistrate conference.

9. Taught or Lectured: Magistrate's Orientation School (June 16, 1993); Legal Authority and Administrative Procedures Involved in Sentencing Alternatives including Jurisdiction, Venue, Sentencing and Fees

10. Published Books and Articles: THE CONSTITUTION OF SOUTH CAROLINA, Volume I: The Relationship of the Legislative,

12. Legal experience since graduation from law school:

Staff Attorney (1986-1987), Office of Senate Research:Drafted and researched legislation. Participated in administrative procedures and hearings. Represented Senators in litigation.
Assistant Circuit Solicitor (1987-1988), Spartanburg Solicitor's Office: Represented State and prosecuted cases in Family and General Sessions Court. Litigated matters including child abuse and rape. Primary litigant for all Protective Service matters.
King, Hray and Kanes (1990-1992), partner King and Hray (1989-1990) associate: Litigated routinely in Probate, Magistrate, Family, Circuit and Appellate Courts. Practiced before administrative boards and commissions specifically the Worker's Compensation Commission and ABC Commission. Researched/drafted appellate briefs, legal memorandum and pleadings.
Magistrate (June, 1992 to January, 1993) Chief Magistrate (January, 1993 to present). Presided over civil and criminal court both jury and non-jury trials. Routinely researched legal issues. Drafted legal memorandum and orders. Presented arguments for and successfully obtained funding from County Council to restructure court system. Researched and prioritized goals to implement restructure. Instituted novel approach to reduce case backlog resulting in reduction of jury trial case load of approximately two thousand to two hundred pending. Developed approaches to deal more efficiently with general public. Managed personnel, including Magistrates in excess forty persons. Prepared and presented budget for FY 1993-1994. Magistrate (June, 1992 to January, 1993). Presided over traffic court bench trials and civil, criminal and traffic jury trials. Implemented Spartanburg County's first centralized Traffic Court System. Developed courtroom procedure and shared training with District Magistrates.

13. Rating in Martindale-Hubbell:Rating prior to Magistrate appointment; Martindale-Hubbell (1992) A rating

14. Frequency of appearances in court:
Federal - N/A

15. Percentage of litigation:
Answers below pertain directly to employment during specified time.
Civil - (1989-1992) one-third of practice with King Hray and Kanes (King Hray and Kanes a/k/a King and Hray [1989])
Criminal - (1987-1988) total practice as assistant solicitor
Domestic - (1989-1992) one third of practice with King Hray and Kanes

16. Percentage of cases in trial courts:
Jury - (1989-1992) estimated five to ten percent
Non-jury - (1989-1992) estimated twenty percent civil non-jury; estimated thirty percent domestic non-jury; estimated twenty percent worker's compensation

Other than appellate work, service was mainly sole in nature. Note, however, much work originated from the earlier year as associate.

17. Five (5) of the most significant litigated matters in either trial or appellate court:
(a) Billy Ray Short, Employee, Claimant v. Peeler Rug Compant, Employer, Kansas City Fire and Marine Insurance Company, Carrier, Defendants. W.C.C. File No. 9005828. Claimant sustained permanent, total disability. Liability was questionable. Appeal upheld lower decision. The case was significant by the complexities in the factual history. Moreover, Claimant's limited mental state (functional illiterate, mild retardation) made the trial challenging. The Claimant was awarded compensation.
(b) In the matter of: Shari L. Whitlow, Pres. S.U.V., Inc. d/b/a Ellite. This matter was the predecessor to a series of cases wherein he represented the City of Spartanburg. The cases all involved requests for alcohol permits in a volatile area of the City. The significance of the case was its impact on the community by restricting permits in questionable/dangerous area. The case was heard before the Alcoholic Beverage Control Commission, order rendered August 27, 1990.

18. Five (5) civil appeals:

(a) Duke Power Company, Respondent v. David C. Thornton and Vesta L. Thornton, Appellants Case No. 89-CP-42-1273

20. Judicial Office:

Chief Magistrate (January, 1993 until present). Appointed Chief Magistrate by Chief Justice of the South Carolina Supreme Court. Jurisdiction limited to $2,500 in civil matters and a sundry of offenses against property limited to less than $1,000. Remanded cases by consent of both parties also are included in jurisdiction. A majority of cases in Magistrate jurisdiction are defined by penalty of $200 or 30 days in jail for criminal convictions. Appeals from the Highway Department are also heard de novo by the Chief Magistrate.

Magistrate (June, 1992 until January, 1993). Jurisdiction includes all the above with the exception of Appeals from the Highway Department.

45. Bar Associations and Professional Organizations:
South Carolina Bar Association (1986 until present); Spartanburg County Bar Association (1987 until present); Spartanburg Young Trial Lawyers (1988 until present); Chairperson, Spartanburg County Family Law Committee (1992); Judicial Task Force on Gender Fairness in the Courts (1993 until present); South Carolina Commission on Alternative Dispute Resolution (1993 until present); South Carolina Association of Summary Court Judges (1992 until present)

46. Civic, charitable, educational, social and fraternal organizations:
Board of Trustees: Nominated Spartanburg County YMCA Executive Comm. (October, 1993 until 1996); Spartanburg Little Theatre (1990-1993); Spartanburg County Children's Shelter (1992); SAFE Homes Network for Abused Women (1989-1992); Department of Mental Health; Children's Coalition Against Sexual Abuse (1990-1992); DSS Treatment Team (1988-1992)
Volunteer: Habitat for Humanity (1992 until present); Seeds of Faith Ministries Soup Kitchen (1992 until present); Mobile Meals a/k/a Meals on Wheels (1989 until 1992); Spartanburg Young Running Club (1990 until present)

47. Marathon 26.2 miles: Top seven Female, South Carolina Marathon (1982, 84, 86, 87, 89, 90); Top five Female, Grand Father Mountain Marathon (1989, 90, 93); Boston Marathon (qualified 1982, 83, 84, 86, 88, 89, 90, 91, and 93) (participant 1989)

48. Five (5) letters of recommendation:
(a) Susan B. Gamble, Assistant Vice President
Nationsbank
1000 Pine Street, Spartanburg, SC 29303
594-6472
(b) H. Spencer King, Esquire
1451 East Main Street, Spartanburg, SC 29301
582-4365

2. Positions on the Bench:
Chief Magistrate (January, 1993 to present)
Magistrate (June, 1992 until January, 1993)

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. I understand you're currently serving as the Chief Magistrate of Spartanburg County; is that correct?
MS. KANES: That is correct.
THE CHAIRMAN: The records of the applicable law enforcement agencies, being Spartanburg County Sheriff's Office, Spartanburg and Greer City Police Department, SLED and FBI records, are all negative. The Judgment Rolls of Spartanburg County are negative. Federal Court records are negative. No complaints or statements have been received. No witnesses are present to testify against you.

Again, prior to turning you over to Ms. McNamee for questioning, I'll offer you the opportunity to make a brief opening statement.
MS. KANES: I will waive that. Thank you, sir.
THE CHAIRMAN: Thank you very much. Ms. McNamee.
MS. KANES - EXAMINATION BY MS. MCNAMEE:
Q. Ms. Kanes, will you pull the microphone closer to you and speak into it. We're having a little trouble. Thank you. Ms. Kanes, you have been out of law school for seven years; is that correct?
A. That is correct. Is this better now?

And I think as a judge sometimes particularly when there is a good bit of stress, the tendency is to move very quickly and forget that and I think having litigated and having tried so many cases, I learned that it is very important to treat people always with integrity and respect.

I think patience is also very important, particularly dependent upon the subject matter. If it is a difficult subject matter, again, and you're moving a lot of cases or you have deadlines, sometimes your -- because you have such a responsibility, you have to constantly fight the trend to cut a person off or to limit them. And I think that you as a judge have an absolute obligation to give every person that right.
Q. What are the skills that you bring to this job?
A. I have -- as I began the Senate Research, I can draft legislation. I can write regulations.
Q. Do you write regulations? Is that research?
A. Well, what I did, I did a little bit of work for one of the Senators, Tom Pope, and he had at that time a good bit of regulatory work that was coming before him and he would send it down to me. I would review them and then send it back and I guess I was not writing them, but I was editing them, so I'm very familiar with regulations from a promulgation standpoint.

With respect to drafting law, though, I did do a good bit of that work. There is one member of your board that I drafted legislation for specifically. The way it was in Senate Research, Senators would find people and they would send -- or it was my experience that they would

From there I began litigation. I went directly into the Solicitor's Office. I prosecuted rape cases toward the end of my career. At the onset, I worked with Protective Services and I did primarily child abuse cases and I did a lot of courtroom work and then I went to civil litigation and tried cases before boards and agencies.
Q. Which ones?
A. ABC, Workers' Comp. Board. I did a little bit of regulatory work with DHEC. I worked with Assistant City Attorney Spencer King. He actually was the City Attorney for asbestos cases. They would deem me the Assistant City attorney and I would do some work. I was never the front on that. I was, however, the front on the ABC commission cases.

I tried I would say close to 200 cases before the Workers' Comp. Board. I went all the way appellate -- appellate work, appealed from there to the full Commission and likewise from there to the Circuit Court. I tried cases before the Court of Appeals and I've done two writs of certiorari which were denied at the Supreme Court, so I have done extensive litigation.

And then as Magistrate, when I took over there was a docket of over 2,000 cases. We have at this point 203 cases on the docket. That means that you have 2,000 plus jury trials which we disposed of in less than a year's period of time.

When I was given the position, I was also given the opportunity to go before our county council and they entitled me a certain amount of money and that money enabled me to do a restructure of that court system.

That restructure is what we're working under now and because of that restructure, we have a certain procedure that was not there before and if we can follow that procedure, we'll never have to work as hard as we have this past year.
Q. What is that procedure?
A. Essentially, we centralized both our traffic court as well as our jury dockets. When I say we centralized, we do have not judge shopping. We don't have, for instance -- some judges that people feel are easier on, say, officers, for instance, so they can't go to one area and just try their cases before the judge of their choice. We rotate judges in so that every person is given a fair shot.

Then with respect to the jury trials, what we do is we've had a marathon session, a two-day session, Monday and Tuesday session the last year. We never get a Monday or a Tuesday off. And we just -- what I do is I sit in front and I call -- Monday morning, we do what is called a

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