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 210, Jan. 13 | Printed Page 230, Jan. 13 |
Printed Page 220 . . . . . Thursday, January 13, 1994
A. I don't know if I gave a test.
Q. But in terms --
A. If there is anything pending, then I don't want any -- I don't want to walk down the street with you while your case is pending.
Q. Right.
A. But aside from a pendency of any action, ordinary social hospitality, a cocktail party, a movie, a dinner, a lunch, I don't see anything wrong with that.
Q. Judge, would you consider you're being required to recuse yourself if you had an ongoing relationship with an attorney that somehow you received a large gift or perhaps you vacation together or whether it be at your expense, shared expense or at his expense, would that be an appropriate time to recuse yourself?
A. Well, I think it would be.
Q. Judge, just as an administerial matter, I noted that you had not filed any campaign expenditure filings with the Senate Ethics or House Ethics Committee and also you indicated that you had spent no money to date. Does that continue to be true?
A. That's true.
Q. That would be no monies expended other than for travel?
A. That's right.
Q. Mr. Chairman, I have no further questions.
THE CHAIRMAN: Sir. Do any Members of the Committee have any questions? We thank you, sir. Sorry you had to wait.
A. Thank you very much.
THE CHAIRMAN: And that completes I think today. I think that is all we're going to take, so we will -- what time were we planning to meet in the morning? 10:00 o'clock. I guess without objection, then we'll stand in recess until 10:00 a.m. I would tell everybody that all hearings according to the Committee will remain open and all records will remain open on these. Thank you.
(The proceedings recessed at 6:25 p.m.)

Printed Page 221 . . . . . Thursday, January 13, 1994

TRANSCRIPT OF HEARING OF NOVEMBER 18, 1993

THE CHAIRMAN: We're back from our overnight recess and Representative Hodges?
REPRESENTATIVE HODGES: Mr. Chairman, yesterday we adopted a preliminary schedule for the -- I believe for filling of the Chief Justice's seat --
THE CHAIRMAN: Yes, sir.
REPRESENTATIVE HODGES: -- and others. I think we've already adopted -- I think we had Family Court and several others that we had to set a schedule up for and what I'd like to do, I have a proposed modification to that schedule.

In looking at what we adopted, we found that there was a good bit of overlap between the scheduling of these matters and the Administrative Law Judge elections and looking at -- after talking with staff, the volume of applicants that we are going to be dealing with and the hearing process, it's going to take a long time. Their feeling was that, and I would concur, that we should modify this schedule slightly in order to enable to us to give sufficient time to participate in Administrative Law Judge hearings.
THE CHAIRMAN: All right.
REPRESENTATIVE HODGES: And I pass up a proposed modification. And Ms. Satterwhite may help me and Ms. McNamee to make sure that we have the right proposed schedule on it. It's just a minor change.

Mr. Chairman, it's just a minor change in the schedule and I feel it will help accommodate some problems we have with getting everything together for these ALJ hearings.
THE CHAIRMAN: All right. Thank you.
REPRESENTATIVE HODGES: And if there -- after looking at it, if there is no objection, I would move to reconsider the vote whereby we adopted a preliminary schedule or adopted a schedule yesterday and then move that we adopt this new schedule.
THE CHAIRMAN: The staff is comfortable with all this. If they are, that's the major thing. Barbara, you -- all of ya'll had a chance to review it? Representative Hodges move that we modify the -- well, to make it -- Representative Hodges moves to reconsider the vote whereby we set up a proposed schedule for hearings. Do I here second?
REPRESENTATIVE STURKIE: Second.
THE CHAIRMAN: Mr. Sturkie has seconded. The floor is now open for discussion. There being no discussion, we move immediately to a vote. All in favor signify by saying aye. Vote by nay. The Ayes have it. The motion is now for reconsideration. And you now move to amend it to what you have put out here this morning. Representative Hodges has

Printed Page 222 . . . . . Thursday, January 13, 1994
moved to this. Senator Sturkie has seconded. Any discussion on the amendment? All in favor signify by saying aye. Opposed by nay. The ayes have it.

Now, the question is the amended schedule. All in favor -- any discussion? There being none. All in favor of the amended schedule, please signify by saying aye. Opposed by nay. The ayes have it and so done.

Any other matters we need to take up before we begin? I'm trying to operate on house time today. Thank you. All right, with that I think the next one we have on our schedule was the Fifth Judicial Circuit in Richland and in Kershaw Counties. And first one would be M. Malissa Burnette. Is it Burnette or Burnette?
MS. BURNETTE: Burnette.
THE CHAIRMAN: Burnette. Folks upstate speak a little bit different than we do, so I have to check and make sure I'm pronouncing things. Thank you, ma'am. Raise your hand. Do you swear to tell the truth, the whole truth and nothing but the truth so help you God?
MS. BURNETTE: Yes, I do.
THE CHAIRMAN: Have a seat. And let's see. This is your first time for a screening?
MS. BURNETTE: That's right.
THE CHAIRMAN: Is that correct?
MS. BURNETTE: That's right.
THE CHAIRMAN: Have you had a chance to review the Personal Data Questionnaire Summary?
MS. BURNETTE: I have.
THE CHAIRMAN: Is it correct? Does it need any clarification that you know of at this time.
MS. BURNETTE: I just wanted to make sure that the information I provided earlier a couple of weeks ago and last week supplements the questionnaire and I just noticed a couple of nonsubstantive typos in Number 46 of the complete questionnaire. And also I wanted to point out in Number 33 of the complete questionnaire, my wording concerning the Commission on Grievances and Discipline was I used the word Complaint when it should have been Inquiry. I understanding there are no Formal Complaints against me, but I know there are have been some inquiries, so I just wanted to clarify that.
THE CHAIRMAN: The staff indicates to me that they can correct that and that the appropriate changes will be made. With those changes in there and those clarifications, would you have any objection to making this summary a part of your record of your sworn testimony?

Printed Page 223 . . . . . Thursday, January 13, 1994
MS. BURNETTE: No, I would not.
THE CHAIRMAN: All right. It shall be done at this point in the transcript.

PERSONAL DATA QUESTIONNAIRE SUMMARY

1. M. Malissa Burnette
Home Address: Business Address:
4127 Devine Street P. O. Box 1866
Columbia, SC 29205 Columbia, SC 29202-1866

2. She was born in Morven, North Carolina on May 23, 1950. She is presently 43 years old.

4. She was previously divorced in October of 1974, (Malissa Collins) in the Richland County Court on the grounds of physical cruelty. She was previously divorced in November of 1988, (M. Malissa Burnette) in Richland County Family Court on the grounds of one year's separation. She was married to Michael Grant LeFever on September 9, 1989. She has one child: Grant Burnette LeFever, age 2.

5. Military Service: N/A

6. She attended Winthrop College, 1968-1969, transferred to the University of South Carolina; the University of South Carolina, 1969-1971, B.A. in Sociology; and the University of South Carolina School of Law, 1974-1977, J.D.

8. Legal/Judicial education during the past five years:
She earned certification by the South Carolina Supreme Court as a Specialist in Employment and Labor Law, 1993. She has earned more than the required number of hours for continuing legal education.

9. Taught or Lectured:
1993 South Carolina Trial Lawyers Annual Meeting: Developments in Federal Law
1993 South Carolina Bar, Bridge the Gap: Labor and Employment Law

Printed Page 224 . . . . . Thursday, January 13, 1994
1993 South Carolina Bar: Title VII, the Civil Rights Act of 1991, Tort Claims, the Family Leave Act and the Equal Pay Act
1993 South Carolina Bar: Handling the Americans with Disabilities Act Case
1993 Council on Education in Management: Sexual Harassment, the Family Leave Act, and the Glass Ceiling Initiative
1992 ACLU Civil Rights Litigation Seminar: Americans with Disabilities Act
1992 Family Court Judges' Seminar: Domestic Violence
1992 South Carolina Trial Lawyers Annual Meeting: Americans With Disabilities Act
1992 South Carolina Bar: Screening The Client: Causes of Action Under Federal Law
1992 South Carolina Bar, Bridge the Gap: Labor and Employment Law
1991 South Carolina Workers' Compensation Education Conference: Americans with Disabilities Act
1991 Family Court Judges' Seminar: Domestic Violence
1991 South Carolina Bar: Americans with Disabilities Act
1990 South Carolina Trial Lawyers Annual Meeting: Title VII, The ADEA and other Federal Statutes
1989 South Carolina Bar: Litigating Employment Cases from a Plaintiff's Perspective
1989 South Carolina Trial Lawyers Annual Meeting: Title VII, The ADEA and other Federal Statutes
1988 South Carolina Trial Lawyers Annual Meeting: Federal Statutory Causes of Action in Employment
1988 NC/SC Bars: Psychological Effects of Discrimination
1988 South Carolina Bar: Trying the Equitable Distribution Case
1987 South Carolina Bar: Complex Issues in Family Court

10. Published Books and Articles:
1992 Employment & Labor Law Update, SC Bar, "The Americans With Disabilities Act"
1991 South Carolina Trial Lawyer, "Enabling the Disabled Worker: Americans with Disabilities Act"
1991 South Carolina Forum, "The Employment-at-Will Issue"
1991 South Carolina Forum, "For Her Own Good: The New Paternalism"

Printed Page 225 . . . . . Thursday, January 13, 1994
1990 South Carolina Lawyer, "No Way to Treat a Woman"
1987 South Carolina Bar Booklet "Domestic Violence," Co-author
1987 SCTLA Bulletin "Sex Discrimination in Employment"
1985 USC Business and Economic Review, "Legal Rights and Responsibilities of Employers"
1978 "Why You Need a Will," booklet for S. C. Commission on Aging

12. Legal experience since graduation from law school:

1977-1978 Attorney for CETA Division of Governor's Office;
Responsible for compliance with federal
regulations
1979-1982 Deputy Lieutenant Governor for Lt. Gov. Nancy Stevenson; Served as chief aide and legal advisor.
1982-present A founding partner of Gergel, Burnette, Nickles &
Grant law firm. Private practice with emphasis on employment law, family law and general litigation. Also administrative law and personal injury.

13. Rating in Martindale-Hubbell: BV

14. Frequency of appearances in court:
Federal - approximately 10 appearances, including 3-week trial
State - approximately 108 appearances
Other - Bankruptcy Court, 1 appearance; Administrative bodies, approximately 21 appearances

15. Percentage of litigation:
Civil - 80%
Criminal - 0%
Domestic - 20%

16. Percentage of cases in trial courts:
Jury - 5% - One 4-day jury trial; other jury cases pending
Non-jury - 95%
Sole Counsel

Printed Page 226 . . . . . Thursday, January 13, 1994
17. Five (5) of the most significant litigated matters in either trial or appellate court:
(a) Linda Thomas, et al. v. City of Columbia, et al. 3:88-1748 - H. This was a race and pregnancy discrimination case against the Columbia Police Department and City, litigated (pro bono) over a period of three weeks in Federal Court. Although the Plaintiffs did not prevail, the case led to major changes in police and City policies. The City retained her in employment matters later.
(b) Dr. Caroline Eastman v. University of South Carolina (1993).
Appeal through grievance procedure of denial of promotion ended in 8/93 settlement providing complete relief including back wages and benefits, with interest, raise and promotion. The case focused attention on USC salary inequities and led to administration/faculty efforts to correct other salary disparities.
(c) Wilhemina Dixon v. Drapery Contracting Corp. and Irwin Praeger (affirmed by S. C. Court of Appeals, 1993, unpublished opinion).
An indigent, illiterate African-American woman overcame odds in Sumter jury trial to prove that a prominent white, male company owner intentionally caused her emotional injuries. A victory for the powerless.
(d) Tara Bailey v. S. C. High School League (Pro Bono)
By Consent Order in 1985, this case opened up participation in S. C. middle school sports to young women and men who previously were barred from playing even though they demonstrated ability. Case challenged gender-based rules as violative of due process and equal protection.
(e) Ruth Parris v. Donald Parris (Pro Bono)
She represented the amici curiae in this appeal pending before the S. C. Supreme Court. This is a potentially precedent-setting custody case which was featured on Dateline NBC in February, 1993, and has received national interest.

Printed Page 227 . . . . . Thursday, January 13, 1994
18. Five (5) civil appeals:
(a) Jean Edwards Crouch v. Saluda Motor Lines, et al.
 South Carolina Court of Appeals
Decided: November 6, 1989
Citation: (89-CP-41-114) Opinion No. 1409
(b) Wilhemina Dixon v. Drapery Contracting Corp. and Irwin Praeger
 South Carolina Court of Appeals
Decided: March, 1993 93-UP-087
Unpublished decision in favor of Plaintiff/Respondent
90-CP-40-0527
(c) Harry Plyler, et al. v. Parker Evatt, et al.
 United States Court of Appeals for the Fourth Circuit
Decided: May 5, 1990
Citation: No. 88-7763
(d) Ruth Parris v. Donald Parris
 South Carolina Supreme Court
Argument and decision pending
Citation: 90-DR-07-467 and 91-DR-07-265

22. Public Office:
Chairperson, South Carolina Crime Victims Advisory Board, 1986-1989; member 1984-1989; appointed by Governor

Member, Richland County Department of Social Services Board, 1978-1981; appointed by Governor

23. Employment As a Judge Other Than Elected Judicial Office:
She served as Hearing Officer for the S. C. Department of Health and Environmental Control, 1986-1990. She heard and decided contested appeals concerning Certificates of Need and other matters.

25. Occupation, business or profession other than the practice of law:
(a) 1972-1973: Correctional Officer, S. C. Department of Corrections. She supervised inmates at the Harbison Women's Correctional Center. She later served as School Principal at the Institution.
(b) 1973-1974: Director, Richland-Lexington Senior Citizens Center for the R/L Council on Aging. Responsible for programs.

Printed Page 228 . . . . . Thursday, January 13, 1994
26. Officer or Director:
(a) Two other partners and she manage and direct the business of their law firm. She has functioned in this role since 1982.
(b) She owns beach rental property with three other people. They all make business decisions for BGL Partnership; since 1985.

28. Financial Arrangements or Business Relationships (Conflict of Interest):
She would recuse herself from hearing any matter relating to her law firm, beach property or the individuals with whom she is currently associated in these businesses.

32. Sued: In 1982 she was sued in her capacity as a former member of the Richland County Department of Social Services Board. The case was dismissed.

40. Expenditures Relating to Candidacy:
3/20/92 Postage $49.30
3/20/92 Copies $40.00
2/25/93 Copies $79.38
3/1/93 Postage $49.30
5/7/93 Postage $ 1.74
6/11/93 Copies $ 5.00
6/11/93 Postage $49.30
6/29/93 Postage $ 2.03
6/29/93 Copies $ .35
6/30/93 Postage $ 2.90
6/30/93 Copies $ .50
10/12/93 Telephone $10.00

TOTAL: $289.80

45. Bar Associations and Professional Organizations:
American Bar Association; South Carolina Bar Association: Chairperson, Quality of Life Committee (1993-1994), member of various other committees; Richland County Bar Association; South Carolina Trial Lawyers Association: Chairperson, Employment Law Section (1989-1994); Association of Trial Lawyers of America; S. C. Women Lawyers Association

Printed Page 229 . . . . . Thursday, January 13, 1994
46. Civic, charitable, educational, social and fraternal organizations:
Chairperson, Administrative Board, Washington Street United Methodist Church (1990-present), Sunday School Teacher (1983-present), Chairperson, Council on Ministries (1988-1990); Chairperson, Columbia College Board of Visitors (1988-1990); Chairperson, Columbia Chamber of Commerce Small Business Development Committee (1988-1989); Chairperson, SC Crime Victims Advisory Board (1986-1989)(member 1984-1989); Chairperson, Midlands TEC Women's Center Advisory Board (1981-1982); Vice-Chairperson, Belin Board of Trust, SC United Methodist Conference (1989-present); Executive Committee, Congaree Area Girl Scout Council (1993); Capital Rotary Club (1988-present) (first female member); Greater Columbia Community Relations Council (1993-1996), Bi-Racial Task Force (1990-present); Editorial Board, South Carolina Forum, USC (1989-present); USC Law School Association Board, Secretary 1990, Treasurer 1989; USC Women's Studies Community and Business Board (1988-1993); SC Coalition for Choice, Vice Chairperson 1990; State Park Correctional Center Citizens Advisory Council (1990-1993); Richland Heritage Alliance (1993); Palmetto Project Advisory Board (1992-1993); Planned Parenthood Board of Associations; SC ACLU; League of Women Voters; Family Service Center Board (1983-1988), Vice-Chairperson (1984-1985); SC Federal of Business and Professional Women, Legislative Chairperson (1986-1988); Men's Resource Center Board (1987); Rape Crisis Network Board (1984-1986); Sistercare Board (1983); Columbia YWCA Board (1979-1980); United Way Planning Division, Chairperson of Emergency Shelter and Housing Committee (1985).

HONORS: Who's Who in American Law - 1979, 1982, 1983, 1984, 1985, 1988, 1989, 1990, 1991, 1992, 1993; Who's Who in Emerging Leaders of America - 1991, 1992, 1993; Who's Who in America - 1989, 1993; Who's Who in American Politics - 1985, 1986; World Who's Who of Women - 1980, 1985; Personalities of the South - 1981, 1982, 1983, 1985; Personalities of America - 1984; International Director of Distinguished Leadership - 1985-1986; Outstanding Young Women of America - 1977, 1978, 1980, 1982, 1983, 1984; 1989 YWCA TWIN Academy Woman of the Year; 1987-1988 Business and Professional Women's Career Woman of the Year; 1982 South Carolina Jaycee-ettes Woman of

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