Journal of the House of Representatives
of the Second Session of the 110th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 11, 1994

Page Finder Index
| Printed Page 1910, Feb. 10 | Printed Page 1930, Feb. 10 |
Printed Page 1920 . . . . . Thursday, February 10, 1994
over 300 cases and numerous appeals in the South Carolina Supreme Court. During the past two years, he has served as the supervisor for the post-conviction relief section in the Attorney General's office. In that capacity, he has been responsible for the disposition of these cases in as timely a manner as possible. He believes that his courtroom experience and appellate work makes him very qualified to serve as an Administrative Law Judge.

48. Five (5) letters of recommendation:
(a) Beverly McDuffie, Customer Service
NBSC
P. O. Box 1457, Columbia, SC 29202-1457
256-6300
(b) Honorable T. Travis Medlock
Attorney General
P. O. Box 11549, Columbia, SC 29211
734-3970
(c) Donald J. Zelenka
Chief Deputy Attorney General
P. O. Box 11549, Columbia, SC 29211
734-3660
(d) Rev. James Hudley
1417 Buncombs Road, Florence, SC 29501
669-1202
(e) Joseph D. Shine, Esquire
P. O. Box 12193, Columbia, SC 29211
734-2320

The Board of Commissioners on Grievances and Disciplines reports that no formal complaints have ever been filed against you. The records of the applicable law enforcement agencies, Richland County Sheriff's Office, Columbia City Police Department are negative. SLED and FBI record, are negative. The Judgement Rolls of Richland County are negative. The Federal Court records show no judgements or criminal actions against you.

Apparently, you have been named in several civil actions in your capacity as an Assistant Attorney General by various persons in the Department of Corrections; is that correct?
MR. SINGLETON: Apparently so. I'm surprised to see that there aren't many more listed than that.

Printed Page 1921 . . . . . Thursday, February 10, 1994
THE CHAIRMAN: It looks like from our records that all of those, a summary judgement has been granted and there is some record of that. No complaints or statements have been received against you. No witnesses are present to testify against you.

Prior to turning you over to Mr. Elliott for questioning, I would give you the chance to make a brief opening statement, if you so desire.
MR. SINGLETON: Sir, I have a brief opening statement, however I have prepared a written statement for the committee, if the committee would like to receive it --
THE CHAIRMAN: All right.
MR. SINGLETON: -- I can make that available.
THE CHAIRMAN: What we'll do is we will be happy to incorporate that into the record for you, okay.
MR. SINGLETON: Thank you. And one additional thing, I think you said earlier that no formal complaints have been filed against me. I will say as I indicated in my Personal Data Questionnaire that one inmate pursuant to my duties as an attorney for the Attorney General's office handling Post Conviction Relief matters filed a grievance which was dismissed by the Board.

INTRODUCTORY REMARKS:

Chairman Hodges and members of the Committee, good afternoon. I am Delbert H. Singleton, Jr., and I am a candidate for Administrative Law Judge, Seat #2.

I have been married to Deirdra T. Singleton nearly five years. We have a daughter, Eryka, who is three years old.

I am a 1979 honor graduate of Manning High School, Manning, South Carolina. I attended the University of South Carolina where I received a Bachelor of Science degree in Criminal Justice in 1983. In May, 1987, I received my Juris Doctorate from the University of South Carolina School of Law. I was admitted to the South Carolina Bar in November, 1987, and I have also been admitted to practice in the United States District Court in the South Carolina District.

I have been employed with the Attorney General's Office since October, 1987, in the Post-Conviction Relief Section. Presently, I am an Assistant Attorney General and Chief of the Post-Conviction Relief Section. My duties include supervision of the Post-Conviction Relief attorney staff and coordination of administrative matters concerning the Post-Conviction Relief Section. I also represent the State of South Carolina in all stages of Post-Conviction Relief proceedings. Further, my duties include drafting responsive pleadings, detailed judicial orders from Post

Printed Page 1922 . . . . . Thursday, February 10, 1994
Conviction Relief hearings, legal memorandums, and appellate briefs in the South Carolina Supreme Court.

At any given time since being employed with the Attorney General's Office, I have been responsible for a caseload of over 130 to 325 state court actions brought by inmates challenging their convictions. I have also handled numerous appeals before the South Carolina Supreme Court. As supervisor for all state Post-Conviction Relief cases, I was responsible for over 2,700 files in 1992.

On occasion, I have served as counsel for the Fire Marshal Appeals Panel. As counsel for the Panel, I had to be familiar with the Administrative Procedures Act. I provided the Panel with legal advise concerning issues raised during appeal hearings. I was also responsible for preparing detailed orders outlining the Panel's findings of fact and conclusions of law.

While I have been practicing law for six years, I believe that my work experience during the past six years makes me very qualified to serve as an Administrative Law Judge. Not only do I believe that I possess the necessary experience for this judicial position, I also possess the temperament and the ability to come to sound legal conclusions which will enable me to effectively serve as an Administrative Law Judge. During my six years of practice, I believe I have developed a reputation in the legal community of being a hardworking, organized, courteous lawyer, who has served as a strong advocate for his client. I am very self-disciplined, timely, and attentive to detail which I believe to be strong positive qualities for an Administrative Law Judge.

THE CHAIRMAN: All right. Mr. Elliot.
MR. SINGLETON - EXAMINATION BY MR. ELLIOTT:
Q. Let me first go over your PDQ for a minute, your Personal Data Questionnaire, because I didn't see very clearly that there is an indication that you worked in the area of handicapped discrimination law. How about explain that a little bit more? In what capacity? What were your duties?
A. In 1986, I was a law clerk with the South Carolina Protection and Advocacy System for the Handicapped. In 1987, after graduating law school, they hired me to work in their Florence office as an advocate. Basically, what my responsibility was while I worked in these -- in the Florence office was to attend what we call IEP meetings which are Educational Improvement -- Educational --
Q. Individualized --

Printed Page 1923 . . . . . Thursday, February 10, 1994
A. Individualized Educational Plans for students in the school systems and that is what I did along with handicapped discrimination law as it came into the agency.
Q. Since then you've been with the Attorney General's office for six years?
A. That's correct.
Q. And I notice you list it as -- your practice as being 50 percent criminal and 50 percent civil. Is the civil the Post Conviction Relief?
A. Actually, the way the statute is written, Post Conviction Relief is a civil proceeding, that aspect of it. The filing of the pleadings, handling interrogatories, doing depositions, that's the civil nature. That's the 50 percent I'm talking about.

The other 50 percent criminal, the nature of the beast that we deal with is criminal in nature. We, of course, handle matters involving inmates who have been convicted and sentenced and they come into court challenging their sentences and conviction. That aspect of it is criminal.
Q. So -- but all of it is criminal in nature?
A. It is criminal in nature, but the pleadings, of course, are civil pleadings held in the Court of Common Pleas.
Q. As a PCR attorney, I note you spend three to five days a month in court; is that correct?
A. On the average that may be a little on the low side, but that's pretty much correct.
Q. What's a typical day for a PCR attorney? Is that one case, two cases?
A. For a typical day -- usually when we go out to a term of court, we're usually -- and it's a week long term of court, we're talking about eight cases per day and these are cases that can be over in all of five minutes by virtue of an applicant withdrawing or cases that -- I've been involved in cases that have gone on for two weeks, so it's going to vary upon the facts in the case, depending on the attorneys involved in the case and the issues involved in the case as well.
Q. It's a heavy case load?
A. It's an extremely heavy case load. To give you a indication, when I first started working for the AG's office in '87, I walked out of -- basically out of law school with no criminal experience and was assigned a five circuit case load and I think at that time that case load was probably anywhere from 300 to 325 cases in those five circuits that covered all of the state.

Now, we have a little bit more staff members on, so the case load has reduced, but it is an extremely heavy case load.

Printed Page 1924 . . . . . Thursday, February 10, 1994
Q. And I take it you probably end up usually drafting the orders in those matters?
A. I draft every order depending on the judge that I appear before in cases in which we win and on occasion in cases in which we lose. We try to get the judges to have the other side prepare those cases -- prepare those orders, but they prefer us to do them for whatever reasons.

But, yes, I have extensive experience in drafting orders to include findings of facts and conclusions of law based on the issues that were raised in the application and issues that were raised during the hearing and we are bound to write the orders based upon everything that was raised.
Q. What's your record of processing those? How long does it take you and do you have a backlog? Does it take you 30 days, 60 days to turn around an order?
A. On the average, it takes me anywhere from about 30 to 45 days to do an order. I'm not going to stand up here and tell you that I've not taken longer on an order, but I'll give you an example.

In the fall of 19 either 88 or 89, I had about a period of six weeks where I was in court five out of those six weeks. We're talking about doing in that particular instance in excess of a hundred plus orders. And I'm not talking about one or two page orders. I'm talking on the average orders being six, seven, eight pages long.

There is just no way that a person can possibly do that many orders having been in court, out of court -- I mean out of your office for, you know, five out of six weeks and be expected to do orders in 30 days. That's an instance where it may have taken me 60 days or a little longer to do orders, but pretty much, I'd say about 95, 96, 97, 98 percent of the time, my orders are done within 30 to 45 days or so.
Q. How do you think those orders are going to compare to the ones you'll have to draft as an Administrative Law Judge as far as complication and length of time to turn those around?
A. Well, fortunately, I'm assigned as a PCR attorney in the office, I've had the experience of -- it's been a couple of years since I've done one. I've had the experience of doing the Fire Marshall Appeal orders. I served as a -- I was the back up attorney for our office for the panel. I served as their attorney to give them advice and to prepare their orders for them after hearings before the Fire Marshall Appeals Panel and comparing what -- the way that those orders were drafted or the way that we drafted those orders to what -- and the way that we draft Post Conviction Relief orders, the only thing that is different is just the style as far as I'm concerned. The style and the law that you're dealing with, that's the difference that I see in terms of drafting those orders.

Printed Page 1925 . . . . . Thursday, February 10, 1994
Q. All right. Let me ask you, are you assigned to represent any other agencies for the Attorney General's office?
A. I am assigned to represent other agencies. The agency that comes to mind right now is the Department of Juvenile Justice, if I'm not mistaken, however, you know, it's very rare that I get questions from them or anything of that nature.
Q. Since you do have limited experience in the administrative law area, how will you prepare yourself for that? For example, right now, are you aware of the considerations that underlie what's a contested case?
A. I have been reviewing the statutes and I'm still getting familiar with the 15 Administrative Law Judge statutes, but I do that just as I would do any Post Conviction Relief case that I'm preparing for prior to the case being called or hearing, to become familiar with the issues involved, to research the rules and regulations that apply and research any available law and apply the regulations and the rules, whatever procedures or existing case law that may apply to the facts and circumstances of that particular case.
Q. You have fairly extensive litigation experience. Do you think it makes any difference whether you have that or not? Is it going to be of help to you or would it matter if you didn't have it at all?
A. Oh, I think it's going to be of tremendous help because you've got -- you bring into that position the opportunity to be able to look at parties who are opposing each other.

Having had that experience, you can somewhat size them up in terms of their presentation, in terms of the evidence that they're presenting and I think it's helpful in that sense that you've had that experience and it will be a benefit to you, I believe.
Q. I want to ask you, who your role model -- well, if Judge Rivers would be your role model for judicial temperament, but I won't do that. Who would be your role model for judicial temperament?
A. I thought about that question when that question was first asked of someone else earlier. There are any number of people who come to mind that are on the bench. I think of Judge Bristow who I appear before quite often, a man of great patience. I found him to be, it was my experience. Great patience, great intellect, fairness impartiality.

People -- someone not on the bench, there are two people that I've worked for in the past few years Don Zelenka and Joseph Shine. Both are very knowledgeable men. I think they are professional and I think those are some of the qualities that a person in this profession whether that person is a judge or an attorney should espouse, professionalism, fairness

Printed Page 1926 . . . . . Thursday, February 10, 1994
and impartiality. And I think all of those people carry with them a great amount of respect for themselves and the others that they encounter.
Q. In essence you've made application for a job and that job is Administrative Law Judge. What is that job you've applied for? What do you think it is?
A. I think that that job is one in which the Legislature recognized the need to have people of a higher training to listen to issues involving administrative matters. I see that job of one in which you need to be adept at being fair, being impartial in resolving those issues, but primarily one person who has the ability, the capability of handling administrative matters.
Q. I think that you noted that your wife works for Health and Human Services Finance Commission and she's an attorney there?
A. That's correct.
Q. You would recuse yourself in cases -- it appears all cases involving Health and Human Services Finance Commission?
A. To avoid the air of any impropriety, I would recuse as long as she works there, myself and -- from any cases involving Health and Human Services Finance Commission.
Q. Do you have any feel for how many cases that would be?
A. She is directly involved in procurement matters involving the Health and Human Services Finance Commission. And as I understand that might also flow into other agencies, maybe DSS, but any cases in their office -- I'm not sure how many cases, but she's primarily responsible for procurement matters.

She's also in -- she also handles some employee grievance matters, if I'm not correct -- not mistaken about that.
Q. I applaud your recusal. I guess I'm asking partly, what that's going to do to your effectiveness?
A. I don't think that that is going to cause me to be any less effective in this position. There are other areas that are out there to be sought after in the Administrative Law Judge area. I don't -- I'm not aware of the number of cases that would come from that agency, but I think overall we're talking about just that particular agency and I can imagine that that represents only a certain portion of the amount of cases that I believe are going to be out there, so I don't see that that will be a particular hinderance to me in being an administrative law judge.
Q. You indicated also that you have a fairly active life outside of the office, being involved in a couple of fraternities and a trustee for a church, how will being an administrative law judge impact your outside or extrajudicial activities?

Printed Page 1927 . . . . . Thursday, February 10, 1994
A. I don't think that it is going to impact that greatly. I listed those because the questionnaire wanted to know those things of which you are a member. I am -- one of those organizations, my fraternity, I'm not an active member. People have been getting me to be active, but because of my work schedule at the office, that precludes me from being active in a lot of things.

The thing that I'm most primarily active in is with my church and I always take time out for that and there will never be anything or anyone that will interfere with that and that's something that I can separate from this. Any meetings that I have concerning church are on the weekend and would not interfere with my duties as an Administrative Law Judge.
Q. Attorney General Medlock is running for governor, and I'm not asking you whether you support him or not, but suppose he comes to you and asks for you to work on his campaign, what would be your answer?
A. What would be my answer is this if Mr. Medlock comes to me at this point and he asks me to work in his campaign -- active to work --
Q. I want you to understand, I'm not asking if you support him or not. It's a hypothetical. I mean what would be your responsibility under the Code of Judicial Conduct?
A. At this point, I would not -- to avoid the air of any impropriety would not engage in that.
Q. What have you done or plan to do to avoid conflicts between your job as an Attorney General and your efforts to become an administrative law judge?
A. Whenever I've had to do something, I have taken leave as I am taking today or I work those things around my lunch hour.
Q. Have you ever been held in contempt or sanctioned by a court?
A. No, I have not.
Q. Have you been the subject of a disciplinary action in the course of your employment?
A. No, I have not.
Q. Have you sought directly or indirectly the pledge of a legislator's vote?
A. No, I have not.
Q. Are you aware of any solicitation without your authorization or request?
A. I certainly am not.
Q. That's all the questions I have, Mr. Chairman.
THE CHAIRMAN: Questions from the members? Senator McConnell.

Printed Page 1928 . . . . . Thursday, February 10, 1994
EXAMINATION BY SENATOR MCCONNELL:
Q. Have you sought the endorsement of any group of members of the General Assembly or the caucus of the General Assembly?
A. No, sir, I've not sought any endorsement.
Q. Have you participated in a formalized interview process other than this process here today or the South Carolina Bar Association?
A. I will say no and I'll qualify that. I've not participated in any other formalized interview process. I will say informally I have spoken with Senator Matthews and Representative Cobb-Hunter back on or about October the 11th of 1993, sometime at 5:00 o'clock in the afternoon or thereafter for about five minutes to discuss with them my qualifications, a little bit about my background and that's it.
Q. And, lastly, have you directly or indirectly had any meetings or conversations pertaining to your candidacy with members of the Bar's Screening Committee, South Carolina Bar employees or lobbyists representing the Bar either before you were screened or after you were screened, but prior to the Bar's screening report being made public?
A. If I understand --
Q. And I mean other than a call over there to book in your interview date or to find out how you did.
A. The only things I've done, I've had any contact was just the call to set up the meetings, the call back to schedule it and then going over there.

I will also say this, on December 5th of '93 and December 8th, I did meet with the Columbia's Lawyers Association. I did not ask them to seek any pledges for me, but just to meet with them and let them know who I am and what I was doing. Pretty much like I'm doing today, letting ya'll know who I am and what I'm doing.
Q. All right. Thank you, sir. Mr. Chairman.
THE CHAIRMAN: Senator Moore.
EXAMINATION BY SENATOR MOORE:
Q. Mr. Singleton, in regards to the Bar interview, do you recall the date you were contacted by the Bar or representative of the Bar to schedule the interview?
A. If I recall correct, the first day that I was contacted would have been December 30th. I was out on annual leave. I came back into the office on, I believe it was January 3rd. I got a message from my secretary that Solicitor Donnie Myers had called me. Not knowing why he called, I returned his call. He was not available.

He then called me back and told me that he was a member of the committee and wanted to schedule the committee -- subcommittee wanted

Printed Page 1929 . . . . . Thursday, February 10, 1994
to meet with me and I scheduled a date to meet with them as being 10:30, January the 5th. It would have been a Wednesday.
Q. Where did the interview take place?
A. The interview took place at the South Carolina Bar. I believe the address is 950 Taylor Street, if I'm not mistaken.
Q. How many interviewers participated in your interview?
A. There were two present. Solicitor Myers was present as well as I believe his name is Bobby Thomas. I believe he is a member of the Richland County Bar, if I'm not mistaken.
Q. From what section of the state do they reside? I think you pretty much identified them, so it would be Lexington and Richland?
A. Yes, sir. Solicitor Myers is from Lexington and I think Mr. Thomas is from Richland, if I'm not mistaken.
Q. Did you have any previous acquaintance with either of the interviewers? Obviously, you do Mr. Myers?
A. Certainly, because I handle the Eleventh Judicial Circuit and I had some acquaintance with Mr. Myers. Mr. Thomas, I have a vague recollection of having met him in my capacity as a PCR attorney for the office, but I can't say positive. He just struck me as someone that I had met before and I can't say where, but to answer your question, I think it would be no.
Q. Did you furnish a list of references --
A. I did.
Q. -- to the interviewers?
A. I did.
Q. Were those references different than the five you have listed on your PDQ?
A. They were different.
Q. They were different. Do you have any knowledge if the references you listed have been contacted?
A. I have secondhand knowledge that my wife -- that one reference was contacted.
Q. And when and how were you notified of the results?
A. On Monday, I was in court, as usual. I was in court. A hand-delivered letter was received by my secretary in my office and I don't know what time, but I received it from her Monday afternoon when I returned to my office.
Q. January --
A. January 10th. I'm sorry.
Q. Thank you very much.
THE CHAIRMAN: Further questions. Senator Russell.

| Printed Page 1910, Feb. 10 | Printed Page 1930, Feb. 10 |
Page Finder Index