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 2010 . . . . . Thursday, February 10, 1994
Q. What is your opinion, your estimation, of the work load of these three administrative law judges?
A. I think for the -- in the beginning, I think it's going to be an enormous work load. I think there are going to be many, many cases that will need to be heard. There are some 40 agencies, occupational licensing boards, that will be affected and I'm certain they must have plenty of cases sitting over there that will be waiting to be heard on March 1st. And I think it's going to be very important, then, for the Legislature to elect people who are well qualified to handle these cases, because I really think it's going to be an enormous work load the first -- initially, especially for the first three people elected. I think it will continue to be, but I think this breaking in period, trying to get it organized, trying to get it up and rolling and actually rolling, I think are going to be an enormous project for the administrative law judges.
Q. I realize you did not offer for the first seat, so you will not have the administrative responsibilities, but what are your ideas on setting up this initially?
A. Well, my ideas is that there should be a person elected as chief judge, I think, who has very good organizational skills and -- because getting this creature started and running is going to be -- I think someone is going to need some good management and good organizational skills.

I hope that the chief justice will look to other people, the other administrative law judges, to assist in that process and set it up. And, frankly, I think he's going to need to because I think it's going to be quite a task. I suppose you could look at the Court of Appeals for at least a little bit of guidance as to how it got started from ground zero to where it's operating now.

But my general thoughts are that I'd like to be able to help in organizing the division, determining what cases will be heard, when, by whom and try to help with that.
Q. What is your understanding of your -- the participation of the administrative law judge in the rule- making proceedings?
A. As I understand it, they'll preside at the hearings, the public hearings at least, on rules. Of course, they have to develop their own rules and regulations for the Administrative Law Division and I assume that those would be -- that will be another thing that the administrative law judges will obviously need to devote themselves to quickly because I think we'll need some rules and regulations in place for the operation of the court itself.
Q. And, though, I was talking, you know, about the hearings that you would be presiding over.

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A. Right.
Q. How would you decide the standard of reasonableness and need, how do you expect to go about looking at that?
A. Well, I think you've got to go about it on a case by case basis, obviously. You've got to look at the needs of the agency, what are the needs of the agency. And the reasonable, I think, is -- you know, obviously, if it's arbitrary and capricious on its face, that's an easy case.

Hopefully, agencies won't submit that type of a regulation. So you're going to have to examine them to determine based on the needs of the agency vis-a-vis the needs of the public and the needs of those people that are licensed under those -- for example, under those occupational licensing boards.
Q. Do you see that as an arduous task?
A. Arduous? I think it will be involved. I don't think it will be -- certainly, it wouldn't be anything I couldn't handle. Yeah, it could be arduous. Like, there could be a lot of regulations out there that need to be enacted on behalf of a lot of different agencies, sure.
Q. What would you say has been your most difficult administrative law case experience in life?
A. I'm not sure I can easily identify one. I think they all have had with them some -- if you're talking about purely contested hearings, I suppose that we have one now with the Auctioneer's Commission that involves a simple question of -- although it seems simple on it's face, it's on appeal to the Circuit Court on just the interpretation of the statute itself and it's going to be a question that's going to require some extensive research, I think, to try to reach a position I think that's favorable to the agency. I think they're right and I'm sure that it'll be interesting on appeal.
Q. Could you please describe your method of separating your work as a state employee from your effort at obtaining this position?
A. Well, what I intend to do, of course, is take annual leave, like I did today, whenever I do anything that relates to either appearing at a hearing like this or, for example, I appeared before the Bar the other day, I took annual leave, and I expect I'll certainly continue to do that. I'm committed to do that.
Q. We do not have any expenditure report from you. Have you made any expenses --
A. No, ma'am, I have not even mailed letters to the legislators. I intend to wait until after the screening process is complete to do that.
Q. Have you ever been held in contempt?
A. No, ma'am.

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Q. Or sanctioned by a court for any reason?
A. No, ma'am.
Q. Have you ever been the subject of a disciplinary action arising out of your employment?
A. No, ma'am.
Q. I guess this question you have already answered. Have you sought directly or indirectly the pledge of a legislator --
A. No, ma'am.
Q. Are you aware of any solicitation done that was done on your behalf?
A. No, ma'am.
THE CHAIRMAN: Questions from the members? Senator McConnell.
SENATOR MCCONNELL: Thank you.
EXAMINATION BY SENATOR MCCONNELL:
Q. Have you sought the endorsement of any group of members of the General Assembly or a caucus of the General Assembly?
A. No, sir.
Q. Have you participated in a formalized interview process other than the one today or the one with the South Carolina Bar Association?
A. No, sir.
Q. Have you directly or indirectly had any meetings or conversations pertaining to your candidacy with members of the South Carolina Bar Screening Committee, the Bar's 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. No, sir.
Q. Thank you.
THE CHAIRMAN: Senator Moore.
EXAMINATION BY SENATOR MOORE:
Q. Mr. Moore, do you recall the date you were contacted by the Bar as to scheduling your interview?
A. Yes, sir, I think it was January 4th.
Q. January 4th?
A. Yes, sir.
Q. When did the interview take place?
A. The following day.
Q. January 5th. Where did it take place?
A. At the Bar offices.
Q. How many interviewers participated in your interview?
A. Two.
Q. Do you recall what section of the state they reside?
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A. Yes, sir, Greenwood and Beaufort.
Q. Did you have any previous acquaintance with either of the interviewers?
A. No, sir. I knew by name the fellow from Greenwood. I had met previously the gentleman from Beaufort.
Q. Did you furnish a list of references?
A. Yes, sir, I furnished five and I believe they also used the references that were furnished to this committee.
Q. The same five?
A. No, sir, a different five.
Q. Oh, additional five?
A. Yes, sir.
Q. Okay. Do you have any knowledge if they were contacted?
A. I know at least one was contacted.
Q. When and how were you notified of the results?
A. I believe, Senator Moore, I was notified on the 10th -- I know I was notified by letter, and I believe it was on the 10th. I'm not absolutely certain about that date, but it was by letter that was delivered to my office.
Q. I see you were born in Augusta and you went to Augusta College. Do you live in Augusta?
A. I lived in Augusta -- I grew up -- till the first grade and then my folks moved to Beach Island because my father worked at the bomb plant, which is what we all called it. And so I grew up in Beach Island and went to Augusta College.
THE CHAIRMAN: Other questions? Thank you, Mr. Moore.
MR. MOORE: Thank you.
THE CHAIRMAN: Virginia Lynn Wiggins. Ms. Wiggins, would you come forward, please?
VIRGINIA LYNN WIGGINS, having been duly sworn, testified as follows:
THE CHAIRMAN: Have you had a chance to review your Personal Data Questionnaire Summary?
MS. WIGGINS: Yes, sir.
THE CHAIRMAN: Is it correct?
MS. WIGGINS: Yes, sir.
THE CHAIRMAN: Any amendments or clarifications which need to be made?
MS. WIGGINS: No, sir.
THE CHAIRMAN: Is there any objection at this time to making the summary a part of the record of your sworn testimony?
MS. WIGGINS: No objection.
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THE CHAIRMAN: That being the case, we'll do it at this point in the transcript.

PERSONAL DATA QUESTIONNAIRE SUMMARY

1. Virginia Lynn Wiggins
Home Address: Business Address:
142 A. B. Frye Road 1328 Blanding Street
Lexington, SC 29073 Columbia, SC 29201

2. She was born in Hazelhurst, Mississippi on August 21, 1951. She is presently 42 years old.

4. She was previously divorced on March 28, 1980; Lynn W. Rickenbaker (moving party); Family Court of the Sixth Judicial Circuit (Winnsboro); habitual drunkenness (grounds). She was married to Donald Edward Jonas on December 7, 1986. She has no children.

5. Military Service: N/A

6. She attended Midlands Technical College, 1971, A.S.; the University of South Carolina, 1984, B.A.; and the University of South Carolina School of Law, December, 1986, J.D.

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

1992; 19.50 hours, Probate, Torts, and Westlaw training; 5.00 hours,
Ethics
1991; 10.25 hours, Real Estate, Probate; 3.00 hours, Ethics
1990; 12.00 Hours, Real Estate
1989; 11.00 hours, Torts
1988; 6.00 hours, Worker's Compensation

9. Taught or Lectured:
Midlands Technical College - Paralegal Division - Wills, Trusts and Estates (approximately 5 semesters)
Columbia Junior College - Center for Paralegal Studies - Wills, Trusts and Estates - Introduction to Law (approximately 3 semesters)

12. Legal experience since graduation from law school:

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1987-1990 General Practice, including real estate closing, litigation, probate, Social Security Disability, Worker's Compensation and Family Law
1990-1991 Real Estate, Probate, Social Security Disability and Family Law
1991-1993 Probate, Social Security, Family Law and Litigation Support for Partner

13. Rating in Martindale-Hubbell:She is listed, but not rated.

14. Frequency of appearances in court:
Federal - 4 to 5
State - 10 to 12
Other - Social Security Administration - 15
Worker's Compensation Commission - 5
Family Court - 20 to 25

15. Percentage of litigation:
Civil - 40%
Criminal - 0%
Domestic - 60%

16. Percentage of cases in trial courts:
Jury - 20%
Non-jury - 80%

Jury - Associate Counsel
Non-Jury - Sole Counsel

17. Five (5) of the most significant litigated matters in either trial or appellate court:
(a) Action for termination of parental rights of prisoner and adoption by step-parent. Action was contested by prisoner, who was represented, and involved issue of whether incarceration constituted abandonment under South Carolina law. Prisoner appealed order terminating his rights, which appeal he later abandoned.
(b) Action to overturn adoption proceeding for fraud against Department of Social Services and Children's Unlimited. Issued involved non-disclosure of children's histories and intentional concealment. Case of first impression in South

Printed Page 2016 . . . . . Thursday, February 10, 1994
Carolina. Case settled by D.S.S. who agreed to take the children back into the system.
(c) Social Security benefits obtained for 36-year-old accountant suffering from torticollis. Significant for the young age of the claimant and rareness of disease.
(d) Social Security benefits obtained for 40-year-old assembly line worker with brain tumor. Significant because of age of claimant and fact she had a history of other kinds of skills which might have been transferrable.
(e) Action by restaurant owners/tenants against landlord for breach of lease, which resulted in judgment against the landlord for tens of thousands of dollars in repairs, renovations and penalties. It was significant for the willful contempt and inaction of the landlord necessitating a hotly contested and lengthy trial before the Master-in-Equity.

18. Five (5) civil appeals:

None.

24. Unsuccessful Candidate:
1990 - Lexington County Probate Judge

25. Occupation, business or profession other than the practice of law:

1987-present Managing Partner, Jonas and Wiggins Law Firm
1984-1987 Law Student Law Clerk, Donald E. Jonas, Attorney at Law; Research Assistant/Managing Editor of Journal of Law and Education, Edited by Professor Eldon D. Wedlock
1982-1984 Legal Secretary/Office Manager; Donald E. Jonas, Attorney at Law
1981-1982 Legal Secretary/Office Manager; Jerrie J. Mealing, Attorney at Law; and Southbridge Properties
1/81-5/81 Executive Secretary; Intertec Data Systems; Columbia, South Carolina
9/80-12/81 Construction Loan Administrator; South Carolina National Bank; Columbia, South Carolina
5/79-9/80 Real Estate Secretary; Ratchford, Cooper and Jonas, Attorneys at Law; Columbia, South Carolina

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11/78-5/79 Personal Injury Assistant; Lourie, Draine, Curlee & Swerling, Attorneys at Law; Columbia, South Carolina
5/76-11/78 Legal Secretary; Carl L. Holloway, Jr., and Russell W. Templeton, Attorneys at Law; Columbia, South Carolina
5/75-5/76 Bartender/Waitress, Paddlewheel Queen, Fort Lauderdale, Florida; and Legal Secretary, Tiballi, Schroeder, Truesdale, Sartory and Beyer, Attorneys at Law; Fort Lauderdale, Florida
11/74-5/75 Bartender; Ground Round Restaurant; Fort Lauderdale, Florida
4/74-11/74 Bartender/Assistant Manager; Italian House Restaurant; Columbia, South Carolina
1/74-4/74 Bartender; Ramada Inn; West Columbia, South Carolina
11/72-11/74 Legal Secretary; Lester and Lester, Attorneys at Law; Columbia, South Carolina
9/71-11/72 Legal Secretary; Rentz, Anders and DeBerry, Attorneys at Law; Columbia, South Carolina
6/71-9/71 Legal Secretary/Receptionist; Burnside and Roof, Attorneys at Law; Columbia, South Carolina
11/70-6/71 Legal Secretary; Kenneth H. Lester, Attorney at Law; Columbia, South Carolina
9/69-6/71 Student; Midlands TEC; Columbia, South Carolina
4/68-8/69 Cashier; Atlantic Twin Theatres; Columbia, South Carolina

26. Officer or Director:
Managing Partner; Jonas and Wiggins, Attorneys at Law - responsible for all day-to-day operations of law firm, including employment, training, financial matters, purchasing, scheduling, etc.

29. Arrested or Charged:
She was arrested on April 7, 1976, for possession of marijuana. The case was dismissed without legal intervention or trial.

30. Federal, State or Local Investigation:
Other than No. 29 above, no.

Printed Page 2018 . . . . . Thursday, February 10, 1994
32. Sued: Danny and Donna Bryant v. V. Lynn Wiggins, et al.; Docket No. 93-CP-32-2051; relates to loan closing she handled

45. Bar Associations and Professional Organizations:
Richland County Bar Association; Lexington County Bar Association; South Carolina Bar Association; South Carolina Trial Lawyers Association; South Carolina Women Lawyers Association

46. Civic, charitable, educational, social and fraternal organizations:
Member, South Carolina Bar Pro Bono Program, 1988 to present; Am. Jur., Constitutional Law, 1985

47. The majority of her practice since leaving law school has been before administrative agencies, including the Social Security Administration and Worker's Compensation Commission or in non-jury matters before Circuit Judges, Masters-in-Equity and Family Court Judges. She is very familiar through her practice, with the Administrative Procedures Act and the South Carolina Rules of Evidence and Procedure.

48. Five (5) letters of recommendation:
(a) G. B. Brazell, III, Vice President
SouthTrust Bank
P. O. Box 12106, Columbia, SC 29211-2106
376-2000
(b) Ken H. Lester, Esquire
1712-1714 Main Street, Columbia, SC 29201
779-3700
(c) Eldon D. Wedlock, Jr.
David Harper Means
Professor of Law
USC School of Law, Columbia, SC 29208
777-4155
(d) Isadore E. Lourie, Esquire
Lourie, Curlee, Barrett & Safran
P. O. Box 12089, Columbia, SC 29211
799-9805
(e) G. Richardson Wieters, Esquiqre
Hughes & Wieters, P.A.
P. O. Drawer 6067, Hilton Head Island, SC 29938
785-8040

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The Board of Commissioners on Grievances and Discipline reports that no formal complaints have ever been filed against you. The records of the applicable law enforcement agencies, the Lexington County Sheriff's Office, the Lexington City Police, SLED and FBI records, are all negative. Judgement Rolls of Lexington County are negative. Federal court records are negative. No complaints or statements have been received and there are no witnesses who are present to testify against you. Prior to turning you over to Ms. McNamee for questioning, I'll offer you the opportunity to make an opening statement.
MS. WIGGINS: Since I am your last candidate, I'm going to take a couple of minutes.
THE CHAIRMAN: You're welcome to do that.
MS. WIGGINS: Thank you. I want to point out a couple of things to the committee that are not evident from my PDQ; you couldn't put everything on there. I have been in the legal field since 1970, a total of twenty- four (24) years. I started as a legal secretary in Columbia in 1970 and I became a professional legal secretary in approximately 1975, '76 and I worked continuously as a legal secretary until I entered law school in 1984.

I continued working both as a law clerk and as managing editor of the Journal of Law and Education for Professor Wedlock at the law school while I was in law school. I worked almost full time while being in law school. Even though I graduated in December of '86 and have only been practicing since then, I have been in this field for 24 years now.

I also want to say that as an advocate I have great knowledge of the court system, the rules of evidence, admissability of evidence. I have dealt with the judges and in the last two years I have done a lot of guardian work in Family Court, which is being more of a mediator, and I have settled most of the cases. I have not had any Family Court judges that did not accept my recommendation as a guardian.
THE CHAIRMAN: Thank you. Ms. McNamee.
MS. WIGGINS- EXAMINATION BY MS. MCNAMEE:
Q. Ms. Wiggins, I bet about this time you'd like to have a name that started earlier in the alphabet.
A. It's been my whole life.
Q. You have already done this and I think you did it very well, and I'll just ask you a few questions to clarify -- what is the most important one or two things that you want this committee to know about you and your candidacy?
A. My experience, litigation experience. I have been in private practice since leaving law school. While I was a legal secretary I also

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