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18. Five (5) civil appeals:

None

22. Public Office: South Carolina Assistant Attorney General, 1983-1989, appointed

25. Occupation, business or profession other than the practice of law:
SLED Agent, 1973-1974

45. Bar Associations and Professional Organizations:
Lexington County Bar Association; Richland County Bar Association; South Carolina, Criminal Law Secretary (Chairman, 1987-1988); American Bar Association (1978 to present); South Carolina Trial Lawyers Association, National Minority Delegate; Alston-Wilkes Society (through 1983); ABA Young Lawyers Division Needs Assessment Panel (1989); Association of Trial Lawyers of America (1992); Association of Trial Lawyers of America, Minority Caucus (1992); Dillon County Arts Council (1983); Dillon County Bar Association (1977-1983); Dillon County Chamber of Commerce, Board of Directors (1981-1983); Dillon County Development Board, Industrial Commission (through 1983); Dillon County United Way, Board of Directors and Allocation Committee (through 1983); Dillon County United Way, Professional Division Leader (1983); Greater Columbia Chamber

46. Civic, charitable, educational, social and fraternal organizations:
Columbia Tip-Off Club (1989-present), President (1991-1992); Board of Directors, Crime Stoppers of the Midlands (through 1989); Institute for Counseling Student Athletes (1989-1991); First Vice Chair, McKissick Museum Advisory Council (1992); Criminal Justice Advisory Committee, Midlands Technical College (1990); Board Member, The Nurturing Center (1989- present); Board Member, South Carolina Athletic Hall of Fame (1989- present), President (1992-1994); Board Member, South Carolina Special Olympics (1989-present); Minority Outreach Subcommittee, South Carolina Special Olympics (1989); Councilor-at-Large, University of South Carolina Alumni Association (1986-1987); Block C Association, University of South Carolina; Board of Directors, Block C Association, University of South Carolina (1985-1987)

47. He has agreed in principle to do basketball play-by-play for the University of South Carolina network for the 1993-1994 Basketball Season. He intends to sign a Master Talent Fee Agreement in connection therewith.

48. Five (5) letters of recommendation:
(a) Charles R. Vance, III, Vice-President
First Citizens Bank
100-02 N. McArthur Street, Dillon, SC 29536
774-3363

I note 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 Richland County Sheriff's office, a negative; the Columbia City Police Department is negative. The Judgement Rolls of Richland County are negative. Federal Court records are negative. No complaints or statement were received. And no witnesses are present to testify. So with that, I'll turn the matter over to Counsel. Please answer what questions he has, sir.
MR. MANNING - EXAMINATION BY MR. COUICK:
Q. Good morning, Mr. Manning.
A. Good morning, sir.
Q. Mr. Manning, you've heard a good bit of my discussion. I believe with Ms. Burnette about changes in lifestyle necessitated by ascending to the bench. You have certainly been very active as well in a number of causes during your tenure as a practicing attorney and before. You're well known here in the community.

What changes do you foresee in your lifestyle or in how you approach your social commitments, organizations and otherwise when you -- if were you to be elected and to ascend to the bench?
A. Of course, if I'm fortunate enough to receive this honor, one would naturally have to cut back a lot of social commitments. I'm on a number of different boards, most of which fall within the charitable frame.

I'm on the Board of Directors for the South Carolina Athletic Hall of Fame. A number of different other causes that are listed obviously. I think one has to cut back on those social commitments inasmuch as it's always a possibility that some of the organizations you're a member of or

Although I don't think it's necessary to completely divorced yourself to participate in any community activity, I think you have to take a more restricted view of your participation and have to limit your participation, so I would be inclined to limit my participation in a lot of organizations.

I think that one's personal behavior becomes more microscopic, if you will, and I think you have to curtail a lot of activities that would be appropriate for a lawyer that would be unseemly for a judge.
Q. Would it an appropriate thing for a judge to do to be a radio announcer for a basketball team?
A. Well, you know, obviously, I -- before I came here I checked the Canon 5 and under avocational activities it seems to appear to me that it's okay provided it doesn't interfere with your judicial duties. It becomes a logistical problem, I do believe, more so than one might reflect poorly upon once in the position as a judge.
Q. Would you be a Bobby Cremins basher if you were an announcer?
A. No, I think Bobby Cremins is a fine fellow and loves Carolina as much as anybody else. I wouldn't intend to bash anyone, let alone South Carolina so to speak.
Q. Mr. Manning, you heard also me question about judicial temperament in terms of the demeanor in the courtroom. What would be your approach in the courtroom or who would be your model, a sitting judge that can be looked to for a model of your behavior?
A. Well, you know, I thought about that somewhat. I guess my demeanor would be perhaps the same as it's always been practically all my life. One fellow that comes to mind, a judge that's no longer with us is Judge Mike Morris down in Manning, South Carolina. And he was once described years ago in the Dillon Herald by a local writer as someone that had claws beneath that velvet robe, but if Judge Morris never raised his voice.

I never saw him get angry on the bench, yet even in a whisper everyone in the courtroom, the bailiffs and everyone else included, knew exactly what he wanted and how serious he was about what he was requesting. And I never saw him have any difficulties.

I never saw him raise his voice. I never saw him show anger and certainly to an extent and degree, he would be my model in terms of demeanor and temperament.
Q. You have three children that range in age I believe from three years to fourteen years of age. How will this commitment to these children

But the kids, they're all in school before 8:00 o'clock in the morning. I drop off two. My wife drops off my little girl now. But essentially the activities in the morning for the children are over with before 8:00. Around 7:45 or so.

And as lawyer now of course, occasionally you have to be out of town early or whatever and arrangements can always be made either through my wife or my in-laws who happen to reside here in our fair city also, so I don't see any difficulty with having children ages fourteen, twelve and three years old and serving on the bench, sir.
Q. Speak a little bit toward your academic scholarship, if you will, that you take into the bench with you? What type of participation have you had in Bar activities? What type of legal writing have you done? What type of activities have you done to improve the practice of law in South Carolina that you would recommend for our consideration?
A. Well, right now, I'm currently a Bar examiner and the last time I was Bar examiner I gave Insurance, the time before that Insurance, the time before that Federal and Civil Procedure. I've lectured for Bar events. I guess most recently -- well, to bridge the gap for example, back in -- this summer, I participated in criminal trial practices on a number of occasions where I've presented written materials to other Members of the Bar, lawyers rather than law students, and I've participated as the presenter at Bar activities over the last three years, probably about six or seven times would be my guess.

I think I might have listed them all there, but -- and I've presented written materials also that I've been informed by attorneys that have used these materials that they were most helpful, particularly in a practical way.
Q. You do have a Martindale-Hubbell rating of BV and that you have been an active member of the Bar for sometime. You have obviously during that period of time come into judges who do well with ex parte communication matters and that perhaps don't do as well. What will be your approach to handling matters that may cause you to come into contact with an attorney that wants to have an ex parte communication? How would you handle that?
A. Well, you just don't indulge in that sort of activity. Of course, these things do not arrive in a vacuum. Some friend you've known from law

But then again, you don't live with that and if you're holding court in Gaffney, for example, and you have a friend that's a lawyer in Greenville, I don't see anything inappropriate about going to Greenville to have dinner with he and his wife.

But, you know, a judge's I guess foresight should be about as good as his hindsight. It's looking ahead to potential problems and heading them off I think is the key to not showing bias or prejudice. I mean what can be a very innocent thing taken out of context can appear to be something nefarious that you're having lunch with somebody and the next week you're in court with him.

Well, you know, you don't have lunch with a friend from Greenville one week when you know you're going to be in Greenville the next week and various members might see you having lunch with him. That's completely innocent and innocuous, but the very next week, he's appearing before you in court. And so I think his foresight has to be as good as your hindsight and you try to prevent these matters from appearing.
Q. You list that you have made no expenditures in campaigning for this office; is that correct?
A. Well, that's not exactly correct. I don't think I've spent over $100 and that was on postage pursuant to the Rule, so I didn't think I was required at that point in time to list that.
Q. You have heard the question I've asked the earlier candidates as to whether they have sought the pledge of a Legislature prior to this

And I was concerned about that because the question arose in my mind what if you asked someone when it's perfectly okay to contact a Member and yet their actions didn't occur until after July 1st. I think I called someone on your staff and made an inquiry about that. But I have not asked anyone and that would be the only point I would want to raise for your consideration.
Q. And Mr. Manning, I believe in fact, you may have spoken to me and I agree with your interpretation of the Rule that any request that took place before July 1st is outside the law. Are you aware of any organized attempt which you convince Members of the General Assembly to support your candidacy whether it be through any kind of caucus, grouping of the Members, whether it be from any county or judicial district?
A. I am not aware of any, sir.
Q. Mr. Chairman, I have no other questions.
THE CHAIRMAN: Any Members of the Committee have any questions? Thank you, sir.
A. Thank you.
THE CHAIRMAN: Thank you for coming. Do you have statements you want to make?
A. No, Mr. Chairman, just that it's been a pleasure to appear before this Committee and it's been quite an experience. Thank you all very much.
THE CHAIRMAN: Thank you, sir. You, of course, are free to go also and -- all right. We'll move to the Ninth Judicial Circuit, Berkeley and Charleston Counties, the Honorable William L. Howard. Good morning.
JUDGE HOWARD: Good morning, sir.
THE CHAIRMAN: Well, first raise right hand, please.
JUDGE HOWARD: Yes, sir.
THE CHAIRMAN: Do you swear to tell the truth, the whole truth and nothing but the truth, so help you God?
JUDGE HOWARD: I do.
THE CHAIRMAN: Thank you, sir. Have a seat and identify yourself for the record and your current address.

1. William L. Howard, Sr.
Home Address: Business Address:
2420 Kemway Road Charleston County Temporary Judicial
John's Island, SC 29455 Center
P. O. Box 70219, 2144 Melbourne
Avenue
North Charleston, SC 29411

2. He was born in Ann Arbor, Michigan on January 19, 1948. He is presently 45 years old.

4. He was married to Daphne Carruthers on July 29, 1968. He has two children: William L., Jr., age 24 (Jail Liaison Officer, Charleston County Public Defender Corporation), and Tiffany Linn, age 24 (unemployed).

5. Military Service: Captain; USAR; September to December, 1973; 041-42- 1028; Honorable Discharge

6. He attended Dickinson College, Bachelor of Arts, September, 1966 to May, 1970; the University of South Carolina School of Law, J.D., September, 1970 to May, 1973.

9. Taught or Lectured:
(1) CLE, 1 Hour, Ethical Considerations in Civil Cases
(2) CLE, 1 Hour, Effect of Edmonson v. Leesville Concrete (Civil Batson)
(3) S. C. Defense Attorneys' Association, 1 Hour, Mediation
(4) S. C. Defense Attorneys' Association, 1 Hour, Civil Procedure Update

12. Legal experience since graduation from law school:
1973 to 1988: General practice including civil defense work, criminal defense, domestic, Plaintiff tort, workers' compensation, real estate, will and trust preparation

13. Rating in Martindale-Hubbell: Not listed; unknown

20. Judicial Office:
July 12, 1988 to present: Circuit Court, Ninth Judicial Circuit, civil and criminal, unlimited jurisdiction (General Trial Court), elected by General Assembly

21. Five (5) Significant Orders or Opinions:
(a) City of Charleston v. S. C. State Ports Authority, affirmed, 420 S.E.2d 497
(b) State, ExRel T. Travis Medlock, as Attorney General, et al. v. Ramantanin d/b/a Lotto Fleet, no appeal taken
(c) South Carolina Public Service Authority v. Great Western Coal (Kentucky) Inc., et al., settled on appeal
(d) Osborne v. Carver, no appeal taken
(e) Condon v. Lot A. Amherst St.

22. Public Office: October, 1981 to October, 1984: City Attorney, Town of Mount Pleasant, South Carolina, appointed

25. Occupation, business or profession other than the practice of law:
None other than summer or part-time employment during college and law school. They included the following: Construction work at Jalmar Norrell, Trumbull, Connecticut; Retail Credit Co., Columbia, South Carolina; and Lamb Exxon, Charleston, South Carolina

28. Financial Arrangements or Business Relationships (Conflict of Interest):
None, other than stock in IRA account. He holds no current financial interest.

32. Sued: Yes, he has been sued in his official capacity by two state prisoners. One was in State Court in which the action was dismissed, and one was in Federal Court in which the action was also dismissed.

45. Bar Associations and Professional Organizations:
South Carolina Bar Association (Ninth Circuit Chairman, Fee Dispute Committee, Ethics Advisory Committee); previously South Carolina Trial Lawyers Association; American Bar Association

46. Civic, charitable, educational, social and fraternal organizations:
Exchange Clubs of Charleston, South Carolina

48. Five (5) letters of recommendation:
(a) Charles F. Rivers, III, Senior Vice President
SouthTrust Bank
P. O. Box 8, Charleston, SC 29402-0008
577-4510
(b) Dan W. Brake, M.D.
Trident Family Practice, P.A.
9313 Medical Plaza Drive, Charleston, SC 29418
572-1200
(c) Honorable Richard E. Fields
65 Spring Street, Charleston, SC 29403
577-4374

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