The Committee recognized that The Honorable Karen L. Kanes, candidate for Judge of the Administrative Law Division, Seat Number 2, demonstrated an awareness of the important attributes of respect and patience which a judge must possess. The Committee was impressed with Ms. Kanes' experience in the regulatory process both from the side of the development of regulations and from the contested case hearing side. Also, the Committee was impressed with her management and trial experience and with the innovative methods she has used as Chief Magistrate in Spartanburg County to move cases and reduce that court's docket.
The Committee was impressed with Delbert H. Singleton's work as an
attorney in the Post-Conviction Relief Section of the Attorney General's Office.
Mr. Singleton, candidate for Judge of the Administrative Law Division, Seat
Number 2, appears in court very frequently (from three to five days each month)
and handles a significant case load. Mr. Singleton prepares orders for his
cases in a timely fashion, even though the orders are numerous and he is often
out of the office and in court. Although Mr. Singleton does not have extensive
administrative law experience, the Committee notes that Mr. Singleton has served
as counsel for the State Fire Marshal Appeals Panel and prepared the Panel's
orders. Mr. Singleton possesses a good understanding of ethical concerns.
The Committee considers John H. Whittleton, Sr.'s litigation and
administrative law experience to be assets. Mr. Whittleton, candidate for Judge
of the Administrative Law Division, Seat Number 2, was an assistant solicitor
for approximately two years and, since 1989, he has been employed with the South
Carolina Human Affairs Commission, first as Staff Counsel and, for the past
three years, as Director of Private Sector Investigations. In his capacity as
Director of Private Section Investigations, Mr. Whittleton issues determinations
and decisions in cases involving claims of discrimination and conducts fact
finding hearings.
One witness, Dr. Marie-Therese Assaad-Faltas, raised a complaint about Mr. Whittleton. Dr. Faltas had filed an employment discrimination complaint with the Human Affairs Commission, which was assigned for investigation to the division headed by Mr. Whittleton.
Based upon the statement of a prima facie case by Dr. Faltas, an investigator under Mr. Whittleton's supervision prepared and sent a letter to Dr. Faltas' employer, the University of South Carolina, setting forth Dr. Faltas' settlement demands. Approximately one and a half weeks after the date of the letter, newspaper reports appeared in the Charleston
Dr. Faltas contended that Mr. Whittleton was intimidated by the USC professor into transferring the case to EEOC.
The Committee found that the waiver of Dr. Faltas' case to EEOC does not reflect unfavorably upon Mr. Whittleton's qualifications. The Committee further found that Mr. Whittleton was executing the directives of the Deputy Commissioner of the Human Affairs Commission when the case was transferred and accepts the explanation that the case was waived because the newspaper reports compromised any subsequent determination in the case by the Human Affairs Commission.
Administrative Law Judge, Seat Number 3
The Committee was impressed with the diligent service of Ralph K. "Tripp" Anderson, III, candidate for Judge of the Administrative Law Judge Division, Seat 3, in the Office of Attorney General where he has handled all extradition hearings, been counsel to several boards, handled state employee grievance hearings, been involved in criminal trials and been counsel to the Ethics Commission. Mr. Anderson emphasized to the Committee his strong work ethic as a quality that would make him a good Administrative Law Judge. The Committee appreciated Mr. Anderson's serious approach to the position in that he stressed the importance of researching the specialized areas of administrative law that would come before him and ensuring that he is knowledgeable on the law involved.
The Committee appreciated the commitment of The Honorable Curtis G.
Clark, candidate for Judge of the Administrative Law Division, Seat Number
3, to his position as Probate Judge. In that position Mr. Clarke has presided
over many hearings and, as a special referee, has had other experiences which
would prove beneficial should he be elected to this position. Although Mr.
Clarke is not as experienced in administrative hearings, the Committee felt he
exhibited a solid familiarity with judicial process and judicial ethics. He
expressed ideas which indicate he has thought about methods of handling the
longer, more complex administrative hearings.
Although Mr. Geathers does not have extensive experience in administrative law, the Committee was impressed by his efforts to educate himself regarding administrative law, including the preparation of an outline of a detailed treatise on the subject by Professor David Shipley. Additionally, he has outlined Professor Walter Reiser's book on evidence law in South Carolina and researched the recent case law on the Canons of Judicial Ethics.
Mr. Geathers demonstrated a solid understanding of ethical standards and an
appreciation for appropriate judicial temperament.
The Committee believes Alison R. Lee, candidate for Judge of the
Administrative Law Judge Division, Seat 3, has litigation experience which would
be helpful in performing the duties of an Administrative Law Judge. Ms. Lee was
an associate with the McNair Law Firm for approximately five years, during which
she handled several hundred cases. Although Ms. Lee does not have extensive
administrative law experience, the Committee notes that she has represented
clients before administrative hearing officers while an attorney with the McNair
firm and that she has reviewed the recent changes to the law as it relates to
promulgation of regulations. The Committee also found Ms. Lee to have a good
sense of ethics.
The Committee noted favorably W. Kenneth Moore's breadth and depth of administrative experience. Mr. Moore, candidate for Judge of the Administrative Law Judge Division, Seat 3, has served the state in the Office of Attorney General for sixteen and one half years and has participated in a broad range of cases such as proceedings before state agencies, representing the state in judicial standards hearings, and various trial and appellate hearings. As with other candidates, Mr. Moore was asked by the Committee about the qualities of judicial temperament. The Committee was impressed that Mr. Moore emphasized honesty, fairness, and respect as central to judicial temperament. Mr. Moore stated fairness must be an integral part of any judicial proceeding. The need for uniformity and objectivity were, in his opinion, major components of the impetus for establishing the Administrative Law Judge Division.
The Committee found V. Lynn Wiggins, candidate for Judge of the Administrative Law Judge Division, Seat 3, dedicated to the legal
Summary
The following persons were unanimously found qualified:
The Honorable A. Lee Chandler, candidate for Chief Justice of the
South Carolina Supreme Court;
Alexander S. Macaulay, candidate for Judge of the Tenth Judicial
Circuit;
Lowell W. Ross, Sr., candidate for Judge of the Tenth Judicial
Circuit;
Walter B. Brown, Jr., candidate for Judge of the Family Court of
the
Sixth Judicial Circuit, Seat #2;
H. Clay Carruth, Jr., candidate for Seat #1 of the Administrative
Law
Judge Division;
John J. Fantry, Jr, candidate for Seat #1 of the Administrative Law
Judge Division;
Samuel L. Finklea, III, candidate for Seat #1 of the Administrative
Law Judge Division;
Selma T. Jones, candidate for Seat #1 of the Administrative Law
Judge
Division;
Marvin F. Kittrell, candidate for Seat #1 of the Administrative Law
Judge Division;
Nora B. Lewis, candidate for Seat #1 of the Administrative Law
Judge
Division;
J. Harold Mayer, Jr., candidate for Seat #1 of the Administrative
Law
Judge Division;
Sheila D. McMillan, candidate for Seat #1 of the Administrative Law
Judge Division;
Nicholas P. Sipe, candidate for Seat #1 of the Administrative Law
Judge Division;
N. Steven Steinert, candidate for Seat #1 of the Administrative Law
Judge Division;
Ray N. Stevens, candidate for Seat #1 of the Administrative Law
Judge
Division;
The following individual was unanimously found not qualified:
James G. Longtin, candidate for Seats #1, #2 and #3 of the
Administrative Law Judge Division.
Respectfully submitted,
/s/Rep. James H. Hodges, Chairman
/s/Senator Glenn F. McConnell, Vice Chairman
/s/Senator Thomas L. Moore
/s/Senator Edward E. Saleeby
/s/Senator John R. Russell
/s/Rep. M. O. Alexander
/s/Rep. Donald W. Beatty
/s/Rep. C. Lenoir Sturkie
On motion of Rep. HODGES, the Report was ordered printed in the Journal.
Rep. J. WILDER moved that when the House adjourns, it adjourn in memory of Victor Spigener, Jr. of Allendale, which was agreed to.
Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
H. 4414 -- Reps. Phillips, Allison, Waites, Rudnick, J. Wilder, Jaskwhich, Walker, Corning, Rogers, Waldrop, Stuart and Gamble: A BILL TO ENACT THE "SCHOOLHOUSE SAFETY ALLIANCE ACT OF 1994" TO ATTACK THE PROBLEMS OF JUVENILE CRIME AND SCHOOL SAFETY INCLUDING PROVISIONS TO AMEND TITLE 59 OF THE 1976 CODE RELATING TO EDUCATION BY ADDING CHAPTER 143 SO AS TO PROVIDE FOR TRAINING OF SCHOOL FACULTY AND STAFF TO PREVENT STUDENT VIOLENCE, TO INSTITUTE IN EACH SCHOOL CASE MANAGEMENT TEAMS TO WORK AS UNITS ON BEHALF OF STUDENTS DISPLAYING SIGNS OF VIOLENT BEHAVIOR, TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO COLLECT DATA IDENTIFYING THE BEST PRACTICES IN DEALING WITH PROBLEMS ASSOCIATED WITH STUDENT VIOLENCE, TO REQUIRE THE DEPARTMENT OF EDUCATION TO PILOT TEST A CLUSTER SCHOOL CONCEPT IN URBAN AND RURAL SETTINGS IN HIGH CRIME AREAS, TOGETHER WITH A SPECIALIZED PROGRAM OF INTERVENTION AND PREVENTION, TO ESTABLISH AN ADVISORY COMMITTEE COMPOSED OF VARIOUS AGENCY REPRESENTATIVES CONVENED BY THE STATE LAW ENFORCEMENT DIVISION TO PROVIDE TRAINING AND TECHNICAL ASSISTANCE TO CLUSTER SCHOOLS SERVING AS DEMONSTRATION SITES, TO ESTABLISH A STATEWIDE SCHOOLHOUSE SAFETY RESOURCE CENTER AT THE DEPARTMENT OF EDUCATION TO PROVIDE TECHNICAL ASSISTANCE AND TRAINING TO SCHOOLS REGARDING SCHOOL VIOLENCE AND STRATEGIES FOR COLLABORATING WITH OTHER AGENCIES AND THE COURTS TO PREVENT THIS PROBLEM, TO REQUIRE CONFLICT RESOLUTION STRATEGIES TO BE TAUGHT TO JUVENILES IN CONFINEMENT FACILITIES, TO REQUIRE PARENTS OF CHILDREN IDENTIFIED AS IN NEED OF SERVICES OR COUNSELING TO PARTICIPATE IN CERTAIN CASE MANAGEMENT MEETINGS REGARDING THEIR CHILDREN AT THE REQUEST OF SCHOOL OFFICIALS AND TO PROVIDE
Ordered for consideration tomorrow.
Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4323 -- Reps. Wilkins, Corning, Jaskwhich, Walker, Haskins, Meacham, Allison, Snow, Stuart, Hutson and Harrell: A BILL TO AMEND SECTION 16-11-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARMED ROBBERY, SO
Ordered for consideration tomorrow.
Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4365 -- Reps. Wilkins, Vaughn, Allison, Elliott and Harrell: A BILL TO AMEND SECTION 16-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VIOLENT CRIMES, SO AS TO REPEAL THE PROVISIONS REQUIRING THE CRIME TO BE DEFINED AS A VIOLENT CRIME AT THE TIME IT WAS COMMITTED.
Ordered for consideration tomorrow.
Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 4633 -- Reps. Boan, Barber, Carnell, Cobb-Hunter, Felder, J. Harris, P. Harris, Holt, Kinon, Kirsh, McAbee, McCraw, McKay, McTeer, Mattos, Quinn, Rogers, Delleney, Phillips and H. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-257 SO AS TO ESTABLISH AN ADDITIONAL HOMESTEAD EXEMPTION FROM SCHOOL TAXES IMPOSED FOR PURPOSES OTHER THAN CONSTRUCTION AND PROVIDE THAT THE EXEMPTION DOES NOT APPLY TO SCHOOL OPERATING TAXES LEVIED AFTER 1997, TO PHASE IN THE AMOUNT OF THE EXEMPTION, TO PROVIDE FOR THE METHOD OF REIMBURSEMENT OF REVENUES LOST BECAUSE OF THE EXEMPTION, AND TO PROVIDE THAT THE PROPERTY EXEMPT FROM SCHOOL TAXES PURSUANT TO THIS SECTION IS NEVERTHELESS CONSIDERED TAXABLE PROPERTY FOR PURPOSES OF THE CONSTITUTIONAL DEBT LIMIT AND THE INDEX OF TAXPAYING ABILITY, TO PROVIDE A SPENDING LIMITATION FOR COUNTIES, MUNICIPALITIES, AND SPECIAL PURPOSE AND PUBLIC SERVICE DISTRICTS AND AN AD VALOREM TAX REVENUE LIMITATION FOR SCHOOL DISTRICTS FOR FISCAL YEARS 1994-95 THROUGH 1997-98 AND PROVIDE
Ordered for consideration tomorrow.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4719 -- Reps. Felder, Gonzales, Klauber, Holt, Fulmer, Hallman, Harrelson, R. Smith, Koon, Witherspoon, M.O. Alexander, Delleney, Riser, Haskins, Barber, J. Wilder, Harrison and Stone: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-27-15 SO AS TO PROHIBIT THE USE OF GASOLINE AND OTHER MOTOR FUELS TAX REVENUES FOR
Referred to Committee on Ways and Means.
H. 4720 -- Reps. Law, Williams, Wofford, R. Young and H. Brown: A BILL TO AMEND ACT 518 OF 1982, RELATING TO THE BERKELEY COUNTY BOARD OF EDUCATION, SO AS TO PROVIDE THAT VACANCIES MUST BE FILLED FOR THE UNEXPIRED PORTION OF THE TERM BY APPOINTMENT OF THE BERKELEY COUNTY LEGISLATIVE DELEGATION.
On motion of Rep. H. BROWN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4721 -- Rep. Kirsh: A BILL TO AMEND SECTIONS 9-1-440, 9-1-1140, AND 9-1-1850, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHING SERVICE CREDIT FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO INCREASE FROM FOUR TO SIX PERCENT OF EARNABLE COMPENSATION THE COST OF ESTABLISHING SERVICE WHEN THE MEMBER ORIGINALLY ELECTED NOT TO BE COVERED, TO INCREASE THE COST OF ESTABLISHING TIME FOR PREGNANCY LEAVE FROM EIGHT TO TWELVE PERCENT OF EARNABLE COMPENSATION, AND TO PROVIDE A SCHEDULE OF RATES FOR A MEMBER WITH AT LEAST TWENTY-FIVE YEARS SERVICE ESTABLISHING CREDIT FOR UP TO FIVE YEARS ADDITIONAL SERVICE; TO AMEND SECTIONS 9-11-50, AS AMENDED, 9-11-55, 9-11-210, AS AMENDED, AND 9-11-325, RELATING TO ESTABLISHING CREDIT FOR PRIOR SERVICE AND THE ACCOMPANYING CONTRIBUTION RATES FOR PURPOSES OF THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO INCREASE THE COST OF ESTABLISHING PREGNANCY LEAVE, FEDERAL CIVILIAN SERVICE, AND OTHER ESTABLISHABLE NEW POLICE SERVICE, FROM TEN TO TWELVE PERCENT OF EARNABLE COMPENSATION, INCREASE THE CONTRIBUTION RATE TO ESTABLISH PRIOR POLICE SERVICE FROM SIXTEEN TO
Referred to Committee on Ways and Means.