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I have a gal that takes that and she comes up with a grid and all attorneys now come in and pick this grid up and then we have a session of court at 9:00 o'clock, 1:00 o'clock and 3:00 o'clock. We have three courtrooms functioning at full capacity. Those three courtrooms that are functioning because we are limited by our physical structure, we just hear cases at 9:00 o'clock, 1:00 o'clock and 3:00 o'clock and we don't stop and we go as late as we can, much like you all. We do this for two days.

After that we do Wednesdays, Thursdays and Fridays just bench trials and that's primarily what you would be doing -- or one would be doing as an administrative law judge.
Q. The kinds of cases that you would be hearing as an administrative law judge will probably be quite different than the cases you hear as a magistrate?
A. They will --
Q. How will you prepare?
A. Sure. They will be different, but my experience prior to becoming magistrate is very consistent with that. I think initially when I looked at the statutes under which the administrative law judgeships followed and the breadth of those statutes, I was a little concerned and then I pulled each of those statutes and started really delving as well as some of the regulations, pilotage, for example, taxation law. Those were two of the areas of my primary concern.

What I found is, for instance, with my domestic work, and I did some pretty extensive domestic work toward the end of my practice of litigation, I learned a lot or self-taught a lot because I handled quite a few very complicated cases. So I guess my point is I think that when you delve into something, you can learn it. That was the text.

The pilotage is the one area that I think is not on my forefront, however, I think that I can learn it quickly.
Q. Did you say pilotage?
A. The waterways, the coastal area.
Q. Oh, so you're talking about the Coastal Council kind of --
A. That's right.
Q. You own a good deal of stock, as I understand, for instance, some hospital stock, drug stocks, how will you handle any kind of issues that might come up before you as an administrative law judge?
A. I believe that we have an absolute imperative position of having no appearance of impropriety so much so that I recuse myself if I ever feel

If I ever thought that what I was handling in terms of my court case would in any way impart any type of impartiality on what I was doing, I would recuse myself. There would be no question.
Q. You have a -- you've lived in Spartanburg for quite a long time now. Does it matter to you that the office of the ALJs would be down here in Columbia? How will you handle that?
A. It does not matter to me.
Q. Will you be down here?
A. Certainly. I'll be wherever I'm sent.
Q. Have you made any expenditures for your --
A. Less than a hundred dollars. I -- frankly, the only expenditures I have is with the -- I sent a resume and a cover letter and I went to My Personal Secretary, which is a place down the street from the courthouse, and I do not have that. I know it was less than a hundred dollars, I would say. I don't know the exact figure, but it was less than a hundred dollars.
Q. Would you please submit a report of that?
A. Certainly.
Q. Thank you. Do you have any tax liens or any other indications of financial trouble?
A. No, ma'am. I do not.
Q. What do you do presently when lawyer legislators appear before you --
A. In terms of what?
Q. -- in Magistrate's Court? Well, I guess --
A. Do I pay them deference, is that the question?
Q. Well --
A. No. No.
Q. Does anything different happen?
A. Absolutely not.
Q. Has it happened? Have you had them?
A. I'll tell you what, when I came there -- there was such a lax atmosphere. The police officers would come back behind our panels and they would sit and chat with our staff and it appalled me because I think this appearance of impropriety is absolutely integral to having people respect the judiciary and so I asked that they remove themselves.

I pay absolutely no preference to any person regardless of their position, regardless of their color, regardless of their sex. I think that every person needs to be treated exactly the same.

It was brought to the Supreme Court and it was vacated and in the Supreme Court order, Justice Toal said that you could not adjudicate on a time clock and that it was overly broad and unfair.
Q. Not only did they vacate it, but they sort of created a standard there --
A. There was -- yes, ma'am. There was found to be no wilfulness in it and, frankly, it was -- I think it was an interesting experience.
Q. Especially a couple of years out of law school?
A. Yes.
Q. Have you ever been the subject of a disciplinary action arising out of any public employment?
A. No. I believe this is in the packet and it didn't come out. I was a little surprised in the packet that was -- or what was read initially. There was one gentleman that brought a grievance against me particularly -- specifically against me as a judge.

The case was one where he was suing for malicious prosecution against another person and the -- it was dismissed. They said that there was no merit to it. That it was a legal issue that he had and he never appealed, but that was brought and it was never documented by the Supreme Court.
Q. Have you ever --
A. Or by Court Administration, excuse me.
Q. Have you sought directly or indirectly the pledge of a legislator's vote?
A. No. But I do want to tell you this, when I decided to run for this office, I spoke with two of my local delegation, both of which told me to look at the Ethics laws. This is before -- this is when the law just came

That's just something -- I think each person has a characteristic or a trait or something that we feel very comfortable with. Some people it's a very traditional home life, some people it's -- I don't know. This was something that I really, really felt comfortable with and -- or wanted to do and I knew likewise that the Magistrate's Court had some problems and it was a challenge. And I thought it would be a new challenge to see if it would -- if it could work.
Q. Have you been happy with the work?
A. Yes, sir, I have. We have -- and I say this not lightly, we have a great group of people. We have four full-time magistrates and eight part-time magistrates. And they are a very, very solid group of people and I can -- there is one thing I'm really proud of, they're just a really great group of people and they've bonded and they work well together.
Q. Would they hate to lose you?
A. I'd hate to lose -- there is a part of me frankly, and I don't know if I'm going to be given that opportunity, sir, but there is a part of me that's a little sad actually, yes.
THE CHAIRMAN: Senator Russell.
EXAMINATION BY SENATOR RUSSELL:
Q. Judge Kanes, you have just concluded a hearing and one of the attorneys that appeared before you asked you to go to lunch with him, how would you react to that?
A. I don't go to lunch, sir.
Q. What about if it was a friend that you had known for a long time?
A. If it was a nonattorney and they were in town then I would, but I never eat lunch with attorneys.
Q. But you do eat lunch?
A. I --
Q. To correct your statement you never eat lunch?
A. If it was -- Senator Russell, if it was someone from out of town that called in and said, "Karen, I'm coming into town, do you want to go to lunch?" And it didn't conflict, sure, I would, but I really don't as a practice eat with my colleagues.

I understand the positions themselves have been funded, but I think a lot -- you have to know what your base is in order to start creating something. Secondly, whoever leads this is going to have to be very, very good at molding people because I think if it's not done properly, it will be fragmented and if there is a fragmentation from the onset, I don't know how successful this can be.
THE CHAIRMAN: Thank you very much. Other questions from the members? Thank you, Judge.
A. Thank you all. I really have appreciated it. I look at you all and you all are so fatigued right now and thank you all.
THE CHAIRMAN: Thank you. The next candidate is Delbert H. Singleton, Jr. Mr. Singleton, if you'd come forward please. Please raise your rights hand.
DELBERT H. SINGLETON, JR., having been duly sworn, testified as follows:
THE CHAIRMAN: Have you had a chance to review your Personal Data Questionnaire Summary?
MR. SINGLETON: Yes, sir, I have.
THE CHAIRMAN: And is it correct?
MR. SINGLETON: It is pretty much correct. I would just note on Item Number 4, I guess it's a matter of semantics where it says, "He has one child," I would like that corrected to reflect, "They have one child."
THE CHAIRMAN: Okay. Any other clarifications or changes that need to be made?
MR. SINGLETON: I believe that's all, sir.
THE CHAIRMAN: Any objection to our making the Summary a part of the record of your sworn testimony?
MR. SINGLETON: No objection, sir.
THE CHAIRMAN: That being the case, it will be done at this point.

1. Delbert H. Singleton, Jr.
Home Address: Business Address:
916 Betsy Drive P. O. Box 11549
Columbia, SC 29210 Columbia, SC 29211

2. He was born in Manning, South Carolina on November 19, 1961. He is presently 32 years old.

4. He was married to Deirdra Felicia Toland on June 10, 1989. They have one child: Eryka Denise Williams, age two.

5. Military Service: N/A

6. He attended the University of South Carolina, August, 1979 to August, 1983, BS in Criminal Justice; and the University of South Carolina School of Law, August, 1984 to May, 1987, J.D.

8. Legal/Judicial education during the past five years:
His continuing legal education has included courses in criminal law, appellate practice, legal ethics, and courses designed for government lawyers.

9. Taught or Lectured: He lectured at the Sixth Annual Attorney General's Law Enforcement Leadership Conference. He presented an overview of South Carolina Appellate Decisions. This course was approved for CLE credit.

12. Legal experience since graduation from law school:
May to October, 1987 - handicapped discrimination law
October, 1987 to present - criminal law

13. Rating in Martindale-Hubbell:He is listed in Martindale-Hubbell; however, as a government attorney he has not been rated.

14. Frequency of appearances in court:
Federal - none
State - very frequent. 3 to 5 days a month
Other -

He handles post-conviction relief cases which are civil matters of a criminal nature.

16. Percentage of cases in trial courts:
Jury - None
Non-jury - 100%

He most often served as sole counsel.

17. Five (5) of the most significant litigated matters in either trial or appellate court:
(a) Clark v. State, Op. No. 23897 (S.C. Ct. filed July 12, 1993) (Davis Adv. Sh. No. 19 at 25). This case is significant because the Supreme Court reversed the lower court's finding that a new trial should be granted because of after discovered evidence. The Court also concluded that the State did not violate Brady v. Maryland, 373 U.E. 83 (1963).
(b) Geter v. State, ___ S.C. ___, 409 S.E.2d 582 (1991). This case is significant because the Supreme Court held that although trial counsel's performance was deficient, his representation was not ineffective because no prejudice was shown.
(c) Graves v. State, ___ S.C. ___, 422 S.E.2d 125 (1991). This case is significant because the Supreme Court further explained the test to determine whether a Defendant knowingly and intelligently waived his right to counsel.
(d) Robinson v. State, ___ S.C. ___, 417 S.E.2d 88 (1992). This case is significant because the Supreme Court for the first time addressed the relationship between the battered woman's syndrome and the law of self-defense as it is defined in South Carolina.
(e) Starnes v. State, ___ S.C. ___, 414 S.E.2d 582 (1991) (refiled Dec. 2, 1991). This case is significant because the Supreme Court, in part, ruled that a Defendant did not have a due process right to be present at a hearing to determine the necessity of videotaped testimony by victim.

22. Public Office: He is an Assistant Attorney General.

25. Occupation, business or profession other than the practice of law:
From November, 1983 to July, 1984, and May, 1985 to December, 1985, he was an installment loan adjuster for South Carolina National Bank. His duties included maintaining installment loans and customer relations.

28. Financial Arrangements or Business Relationships (Conflict of Interest):
His wife is employed with the Health and Human Services Finance Commission as an attorney in the Bureau of Administrative Services. She represents the agency in matters involving contract procurement and termination. If these matters are contested, she will possibly appear before an ALJ. He would, of course, recuse himself in matters involving her agency.

40. Expenditures Relating to Candidacy:
He has spent $41.00 for envelopes and paper on October 21, 1993. He has spent $1.00 for a telephone call on November 1, 1993.

45. Bar Associations and Professional Organizations:
South Carolina Bar Association

46. Civic, charitable, educational, social and fraternal organizations:
Trustee at Green Hill Baptist Church Alcolu, SC; Alpha Phi Alpha Fraternity, Inc.; Masonic Lodge #144; Phi Alpha Delta Legal Fraternity; Outstanding Young Man of America 1988.

47. He believes that his reputation in the Attorney General's Office and the legal is that of a strong advocate for his client's position. He believes those who have worked with him over the past six years find him to be hardworking, skilled, organized, and a courteous lawyer. He has been responsible for handling, at one point, a caseload of

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