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

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Printed Page 1960 . . . . . Thursday, February 10, 1994
Q. And you gave the gentleman's name. Do you know what part of the state he resides?
A. He told me Sumter and, in fact, he called me and I called him back and I recognized that exchange.
Q. You did not have any previous acquaintance with the interviewer?
A. No, none at all.
Q. You furnished a list of references to the Bar?
A. Yes, sir.
Q. How many were there?
A. Five.
Q. Do you have any knowledge if any of those five have been contacted?
A. One of those told me he had been contacted. And in talking to Mr. King, he also told me that he had contacted another one.
Q. When and how were you notified of the results?
A. Someone told me it was in the paper. Apparently it was sent to my office, but I didn't get back in time to read it or see it.
Q. Finally, have you ever been disciplined by a judge any time during your life?
A. By my father.
THE CHAIRMAN: Other questions? Thank you very much, Mr. Anderson. Our next candidate is Curtis Glenn Clark. Mr. Clark, will you come forward, please.
CURTIS G. CLARK, having been duly sworn, testified as follows:
THE CHAIRMAN: Mr. Clark, have you had a chance to review the Personal Data Questionnaire?
MR. CLARK: Yes, sir.
THE CHAIRMAN: And it's correct?
MR. CLARK: Three, if I may. I have small corrections on the
-- Question 21, five significant orders or opinions. The one reported under number A is now under appeal. That appeal was filed right at the same time that I was -- had made my report.

On Question 25 about occupation or business, on the second page, first full sentence, it reads, "The partner bought him out." We actually bought out my partner, so that should be corrected.

And on Question 46 about civic responsibility, civic involvement, I've left off a couple of things, but they are reported in Question 10 of the addendum, so I don't need to -- know that it needs to be added there.
THE CHAIRMAN: Any other changes that you'd like to make at this time?
MR. CLARK: No, sir.

Printed Page 1961 . . . . . Thursday, February 10, 1994
THE CHAIRMAN: Do you have any objection to our making the summary part of the record of your sworn testimony?
MR. CLARK: None at all, sir.
THE CHAIRMAN: Then we will do that at this time.

PERSONAL DATA QUESTIONNAIRE SUMMARY

1. Curtis Glenn Clark
Home Address: Business Address:
111 Cabin Road P. O. Box 1210
Greenwood, SC 29646 Room 102, County Courthouse
Greenwood, SC 29648

2. He was born in McCormick, South Carolina on October 13, 1953. He is presently 40 years old.

4. He was married to Paula Kate McCutcheon on May 15, 1982. He has four children: Matthew Curtis, age 10; Daniel Glenn, age 9; Lili Kate, age 4; and Mary Katherine, born September 1, 1993.

5. Military Service: N/A

6. He attended Clemson University, 1971 to 1974 (graduated in 3 years), Bachelor of Arts - major, Political Science; (attended summer sessions at the University of South Carolina during summers of 1972 and 1973 and transferred credits); and the University of South Carolina School of Law, 1974 to 1977, J.D.

8. Legal/Judicial education during the past five years:
Since he has been Probate Judge in Greenwood for seven years, his continuing judicial education has focused on that area during the past five years. He has attended all yearly probate judges' JCLEs. In addition, he attended the National College of Probate Judges' week-long, semi-annual sessions in the Spring and Fall of 1988, Spring and Fall of 1990; Spring of 1992 and is scheduled to attend the Fall, 1993 session in Charleston, South Carolina. He also has attended the 1989, 1991 and 1993 annual S. C. Bar meetings and bar real estate CLEs in 1988 and 1990. He attended a S. C. Bar evidence CLE in 1989. He also attended S. C. Bar sponsored Probate and Estate CLEs (for bar in general) in 1989, 1991 and

Printed Page 1962 . . . . . Thursday, February 10, 1994
1992. In March of 1993, he attended a National Business Institute day-long training seminar on Estate Planning and Trusts.

9. Taught or Lectured: He taught Constitutional Law for Police Officers and Business Law at Piedmont Technical College from February, 1978, until the end of the Fall Quarter, 1980. One of these quarters, he taught Constitutional Law for Police Officers at Newberry College under a Newberry-Tec joint schooling program. He also was a lecturer of Business Law at Lander College (now Lander University) from 1979 to 1984 (4 years).

He assembled the materials and taught a one-evening course for the Greenwood Bar on the (then) new South Carolina Probate Code on June 25, 1987, that was accredited for three CLE hours. A version of this seminar was also conducted by him for law office personnel, the medical community, and the business community at large as potential creditors of estates. In 1988, he was one of three attorney probate judges that prepared materials on jury trials and put on a mock jury trial as part of the Probate Judges JCLE.

In 1989, he was a lecturer in the Court Administration sponsored New Probate Judges' training session. His topic was judicial (mental illness and chemical dependency) commitments. Being the very first training session put on by Court Administration, he was also a student. At the 1989 Probate Judges' JCLE, he was a topic preparer and discussion group leader.

In 1990, he was asked to coordinate the program and served as moderator for the Probate Judges' JCLE. In 1991, he again instructed new Probate Judges on judicial commitments at the Court Administration sponsored training session. In 1992, he prepared materials on Guardianships and Health Care Proceedings, and spoke to Associate Probate Judges and court personnel about that topic at the Court Administration training session. In January 1993, he revised and expanded his materials and lectured on the topic of Guardianships, Protected Proceedings, and Health Care Proceedings at the annual Court Administration sponsored training session for Probate Court personnel. In May of 1993, he again was a group discussion leader and panel member at the Probate Judges' CLE, which was a bench/bar CLE for the first time.

Printed Page 1963 . . . . . Thursday, February 10, 1994
12. Legal experience since graduation from law school:

After being admitted to the Bar, he moved to Ninety Six, South Carolina and opened his law office there in January, 1978. His practice was a general civil practice, with the majority of his work being real estate and domestic practice. He also drew wills, wrote letters of complaint, handled several social security disability or other administrative agency matters and pursued a smattering of accident cases or collection cases. He accepted a very few summary court level criminal cases. In mid-1979, he purchased a house and moved his law office from 120 to 201 Saluda Street in Ninety Six. In late 1983, he met Billy Garrett, a young attorney, and opened a law office in Greenwood, sharing office space with him. That office opened in January, 1984. Since his office in Ninety Six was in his home, he also kept that office open. His practice continued as before but grew in numbers with real estate closings and domestic cases still dominating his practice; but with him still handling a variety of other civil matters. Because of the caseload, he gave up teaching. He still refused most criminal cases, and all beyond the summary court level. He could do no estate work, being Associate Probate Judge. In early 1986, he decided to seek election as Probate Judge, to succeed retiring Judge Traskas, had opposition but was successful in the primary, and closed his practice at the end of 1986 to become judge.

13. Rating in Martindale-Hubbell:He had consulted Martindale-Hubbell for 1981 and 1988 (he became Probate Judge in 1987). He was listed in both, but was not rated. Both still list him under the Ninety Six town listing, and both show his first office address of 120 Saluda Street, from which he moved in mid-1979. Apparently Martindale did not keep up with his moves.

14. Frequency of appearances in court:
Federal - 0%
State - 15% - as standing special referee for Greenwood County
Other - 85% - During the last five years and more, all appearances have been as presiding judge over either probate court cases or as special referee for the Circuit Court.

15. Percentage of litigation:
Civil - 100%

Printed Page 1964 . . . . . Thursday, February 10, 1994
Criminal - 0%
Domestic - 0%

16. Percentage of cases in trial courts:
Jury - 0%
Non-jury - 100%

Presiding Judge

17. Five (5) of the most significant litigated matters in either trial or appellate court:
(a) Rufus W. Butler v. Parke, Davis and Company, d/b/a Deseret Medical Company, James Melvin Mayfield, Ron H. Gambrell, Carl Cooper and Robert Hayes, 84-CP-04-615 (Anderson County case). This was a discrimination case, filed with the Human Affairs Commission, taken to the state courts, removed to the federal district courts, remanded back to the circuit court, heard by the Master, appealed to the circuit court, and ultimately appealed but dismissed shortly thereafter to the Supreme Court. No appeals court decision was made in this case. The complexity of the litigation and the number of reviewing bodies and appearances makes this case significant.
(b) Greenwood Savings and Loan Association v. Ray W. McCarson, Marion I. Teasley, E. John Lease and Mary B. Lease, 84-CP-24-94. This case involved several issues that make it significant. These issues include priority of mortgages; effect of a mortgage subordination; can a subordination be limited in time; if a subordination is limited, can it be unilaterally extended; how much notice and consent is required from another lienholder to modify an agreement; legal benefits given to purchase money mortgage and/or a construction mortgage; and fraud. This case was settled after extensive discovery, legal research and negotiation. It was not tried or appealed.
These are the only two cases he handled that involved any unique legal issues.

18. Five (5) civil appeals:
(a) Clayton B. Allen, Petitioner - Appellant v. William Carlos Allen, Respondent. This is an appeal of a Family Court

Printed Page 1965 . . . . . Thursday, February 10, 1994
Order of Judge Walter T. Lake, dated January 31, 1983, filed as part of Judgment Roll Number 32582 in the Greenwood County Clerk of Court's office. He represented Respondent in this appeal, involving the question of the authority of a Family Court to make an equitable distribution of property pursuant to an annulment action.
This case is the only appeal he was involved with that reached the brief stage of an appeal. It was dismissed several weeks before scheduled arguments due to an opinion being issued by the Supreme Court in the case of White v. White, which both attorneys agreed was controlling on our issue before the Court.

20. Judicial Office: He was (part-time) Associate Probate Judge for Greenwood County from November 9, 1978, until he was sworn in as Probate Judge in January, 1987. As Associate Judge, he was appointed by the Probate Judge and served at her pleasure. He was elected Probate Judge for Greenwood County in 1986, and took office in January, 1987. His second term ends at the end of 1994. The probate courts are courts of limited jurisdiction. That jurisdiction changed in 1987 due to the passage of the South Carolina Probate Code.

As it currently exists, subject matter jurisdiction for the probate courts is found at Section 62-1-302, and includes estate administration - including wills and determination of heirs; guardianships for the person of incapacitated adults; conservatorship of the funds and assets of incapacitated adults and minors; trusts - both lifetime and testamentary; wrongful death settlements; minor settlements up to $10,000 (by Supreme Court order); involuntary commitments for mental illness, chemical dependency, mental retardation, pulmonary tuberculosis and AIDS treatment; veteran's guardianships; regulation of powers of attorney and actions of the attorney-in-fact; and health care matters including Declarations of a Desire for a Natural Death (living wills) and Health Care Powers of Attorney, and the Adult Health Care Consent Act; and issuance of marriage licenses.

21. Five (5) Significant Orders or Opinions:
(a) Kristina Shanell Childs by her duly appointed Guardian ad Litem, Sarah Frances Childs v. Pauline Williams

Printed Page 1966 . . . . . Thursday, February 10, 1994
Norman as Personal Representative of the Estate of Odell Norman, Sr., Estate File No. 93ES240008. This is an action for an omitted child's share in an estate by an illegitiment child. It needs review and possible amendment by the legislature of statute. (Now under appeal)
(b) Standards Federal Savings Bank v. H. & W Builders, et al. and Ruth M. Norman as Trustee of the T. H. Maxwell, Jr. Trust v. H & W Builders, et al., Case No. 90-CP-24-420 (Judgment Roll 44235). He was the special referee for the circuit court. It involves a variety of issues including subordination agreements and appraisal rights in a deficiency request. It is on appeal.
(c) Ex Parte Belton V. O'Dell, In Re Estate of James Thomas O'Dell, Deceased, Brenda Peppers, Personal Representative, Estate Case 89ES0100178. He heard this case as Special Probate Judge for Abbeville County. It involves a claim in a family partnership.
(d) Goldome Credit Corporation v. William A. Norman, et al., 87-CP-24-599. He heard this case as a special referee. It involves priority of mortgages in a foreclosure action due to use of different names by mortgagor and the issue of notice and duty to examine different possible listings.
(e) Estate of Donald T. Redick, deceased, Kym I. Redick, Personal Representative, Estate Case No. 89ES2400256. There are a series of orders issued in this estate in a short time. They include proof and determination of a claim, removal of an estate representative, tracing of estate proceeds and seizing items purchased with those funds, and appointment of a special estate representative.

23. Employment As a Judge Other Than Elected Judicial Office:
He was Associate Probate Judge for Greenwood County from November 9, 1978, until becoming judge in January, 1987. He served part time, was appointed Associate by Judge Rosemary M. Trakas, and served at her pleasure and under her supervision. By statute, he could do anything the probate judge could do; however, his function was to hold contested hearings with unusual or complex issues, give the judge legal advice, act as back-up on after hours (nights, weekends and holidays) commitments, and to take charge of the office and ensure its continued operation during the judge's absence due to illness, vacation or other reason.

Printed Page 1967 . . . . . Thursday, February 10, 1994
Since taking over the office of Probate Judge, he also has acted as standing Special Referee for the Circuit Court. This would be considered an at-will position. His duties in that capacity would be defined in each case by an order of reference signed by the circuit judge. These are normally foreclosure of mortgage proceedings or supplementary proceedings to allow a creditor to attempt to collect on a judgment. However, there may be any of a variety of non-jury cases. He may be able to enter a final order in the case, or he may simply be taking testimony and making a report to the court or some other administrative function in the case. Last year, according to his count, he held 60 or 70 hearings as special referee. The special referee generally does the same thing as a Master-in-Equity, but has to be authorized to act on a case-by-case basis through the order of reference issued by a circuit judge.

25. Occupation, business or profession other than the practice of law:
In 1981 or so, he invested in a small partnership known as WBC Trophy & Awards. He was to be a silent partner in the three-way partnership. This retail awards business was based in the managing partner's jewelry store. In 1985, the managing partner declared bankruptcy and closed his jewelry store. WBC became a two-way partnership. In 1988, the name was changed to Southern Trophy and Awards. In 1991, his partner, who managed the business from his storefront operation, closed his business. He bought the partner out of the trophy company, moved it to a family-owned location next to Judge Clark's wife's beauty shop and pressed her into service managing the trophy company along with running her store. She handles the day-to-day operations of this recognition award and advertising product business. Judge Clark still helps out at night, on weekends (mostly) and during peak times, or on unusual project. Southern Trophy and Awards is currently located at 514 Ninety Six Highway, Greenwood, South Carolina 29646 (telephone number 227-2777).

He was also a partner in a short-term jewelry business - Greenwood Gold and Gems - that was organized to attempt to continue the jewelry business of the first withdrawing partner of the trophy company. It was a three-way partnership, with an on-site managing partner (not him); but the business lasted for less than a year - six or eight months - and closed in late Winter or Spring of 1986.

Printed Page 1968 . . . . . Thursday, February 10, 1994
26. Officer/director or management of business enterprise:
His wife and he own and operate Southern Trophy and Awards, a recognition awards and advertising products business. They took over the operation of the business in 1991. His wife manages the store, located at 514 Ninety Six Highway, Greenwood, and he helps with unusual or heavy workloads.

28. Financial Arrangements or Business Relationships (Conflict of Interest):
He knows of no financial arrangements or business relationships that he has, or has had, which could result in a conflict of interest. If a Greenwood attorney, a relative or his past partner in the trophy business should, somehow, be involved in a case before him, he would handle it like he does possible conflicts in a probate case. If the matter involved someone he is acquainted with, he would inform all other parties to the action of his prior contact or relationship. If it was a relative or someone he felt more involved with; of if the other parties to the case could not fully evaluate or respond appropriately, or otherwise be adversely affected such that he would not be sure that publication of the past relationship would satisfactorily address the problem, he would recuse himself and transfer the matter to another hearing officers who could be more impartial.

29. Arrested or Charged:
In August, 1974, he was charged in Georgia with fishing without a license. He posted the fine as bond and did not appear or contest the matter.

32. Sued: He was sued by Matthew Bender in 1987 about his book account. He had been having difficulty with getting his account to accurately reflect returned books and supplements sent to him on approval, and the price quoted by the salesperson on some book "deals." The salesperson had left the company. When explained to the attorney for Matthew Bender, Phillip Brown of the Pavilack Law Firm, the attorney helped him straighten out the account and the suit was settled.

39. Use of Government Personnel, Equipment, Materials or an Office Building in an Election Campaign:
He knows of none. He typed his application himself.

Printed Page 1969 . . . . . Thursday, February 10, 1994
40. Expenditures Relating to Candidacy:
Early October; $5.80 (book of stamps)
October 27, 1993; $1.56; postage
He also made several long distance calls that he does not have the phone bills on yet.

45. Bar Associations and Professional Organizations:
South Carolina Bar; Greenwood County Bar Association, Secretary-Treasurer (1984-1986); National College of Probate Judges, President (1988-1989), Assn. Representative to Assn. of Counties Board of Directors (1989-1990), Mental Health Committee Chairperson (1987-1988 and 1990-1991), Probate Code Committee Chairperson (1991 to present)

46. Civic, charitable, educational, social and fraternal organizations:
Ninety Six Elementary School PTO, Secretary (1991-1992); Ninety Six Elementary School Improvement Council (1992-1993), Chairperson (1993-current school year)

47. He has been very fortunate to have the opportunity to be a part of a number of efforts or groups that were not reported elsewhere in this questionnaire. Pursuant to several tragic public incidents involving the mentally ill, including the Oakland School shooting in Greenwood in September, 1988, the Department of Mental Health set up the Citizens Panel on Mental Health Issues in 1989, and asked him to participate as a panel member. The group identified issues and defined goals and solution (some realistic-some not) to the issues and set these out in a concluding report. To the best of his memory, he was the only probate judge on the group.
Court Administration asked him to be a member of its Probate Judges' Advisory Committee for the year 1989, and reappointed him in 1990, 1991 and 1992. This group gives input and guidance from the judges on projects and issues identified as needing attention by Court Administration.
He served on two legislative committees. On both, there were only two probate judges, with a different second judge on both. The first was the Health Care Consent Legislative Study Committee, which met in 1989, and reviewed the status of health care laws and needs in South Carolina. The main product of this committee was the Adult Health Care Consent Act (which addresses who may make health care decisions in the absence of a health care agent from a

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