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5. Military Service: Active Duty, U. S. Army, 1968-1972 (Captain, Corps of Engineers); Inactive & Active Reserve, 1972-1980; Honorably Discharged, 1980 (Captain JAG Corps)

6. He attended Bob Jones University, 1964-1968, BS in Accounting; and the University of South Carolina Law Center, 1972-1975, Juris Doctor.

8. Legal/Judicial education during the past five years:
He has attended a number of South Carolina CLE and JCLE Seminars on a variety of subjects. He has attended at least 1 3-day ABA Seminar on Appellate Courts almost every year for the past 18 years. He has also attended several seminars and conferences on Bar Admissions. He has attended the South Carolina Judicial Conference for many years.

9. Taught or Lectured: He has lectured at South Carolina Bar Association CLE and JCLE Seminars. The topics have been on Appellate Court Rules, Circuit Court and Probate Court Practice. He has also lectured at a CLE sponsored by the Lexington County Bar Association on Appellate Court Practice.

10. Published Books and Articles: Motions in the South Carolina Supreme Court. South Carolina Lawyer; Volume 1, (Number 2), September/October, 1989, Page 13.

12. Legal experience since graduation from law school:

1975-1976 Law Clerk to J. Woodrow Lewis, Chief Justice,
S. C. Supreme Court

1976-1977 Private Practice - Real Estate, Domestic, Probate,
Business & Tax

1983-Present Clerk of Court - South Carolina Supreme Court

13. Rating in Martindale-Hubbell: He is listed in Martindale- Hubbell as Clerk of Court. However, inasmuch as he is not engaged in private practice, he is not rated.

14. Frequency of appearances in court:
Federal -
State -
Other -

He is regularly in Court; however, it is as Clerk to the Supreme Court of South Carolina, a position he has held for over nine years. His previous legal experience includes over six years as Chief Staff Attorney at the Supreme Court, one year as law clerk to former Chief Justice J. Woodrow Lewis and one year in the general practice of law with Timothy Farr of Greenville, South Carolina.

He has had over 15 years working closely with the finest judges in South Carolina, listening, learning and gaining insight into the judicial system that few have the privilege of doing. He believes his years of working as a lawyer for the South Carolina Supreme Court is equivalent to a varied private practice.

15. Percentage of litigation:
Civil -
Criminal -
Domestic -

(See answer to Question #14)

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

17. Five (5) of the most significant litigated matters in either trial or appellate court:

(See answer to Question #14)

18. Five (5) civil appeals:

(See answer to Question #14)

22. Public Office:
Captain, U. S. Army, 1968-1972, Active Duty
1972-1980, Reserve
Notary Public, 1976-1986
Clerk of Court, South Carolina Supreme Court, 1983-present
(All of these are appointed positions)

24. Unsuccessful Candidate:
Applied for Municipal Judge in Greer, South Carolina - 1976
Applied for an At-Large Circuit Court Seat in 1990

25. Occupation, business or profession other than the practice of law:
He had numerous summer and part-time jobs in the accounting field, including general accounting, auditing and tax. He currently holds a real estate brokers license issued by the South Carolina Real Estate Commission; however, he does not engage in the real estate business.

28. Financial Arrangements or Business Relationships (Conflict of Interest):
If a conflict should arise, he would remove himself from any related case.

32. Sued: A pro se appellant sued several Supreme Court Justices and Circuit Court Judges as well as himself. Summary Judgment was granted in the U. S. District Court and affirmed by the Fourth Circuit Court of Appeals.

45. Bar Associations and Professional Organizations:
South Carolina Bar Association; Lexington County Bar Association; former member of Executive Committee of the National Conference of Appellate Court Clerks; former member of the Executive Committee of the Committee on Appellate Staff Attorneys

46. Civic, charitable, educational, social and fraternal organizations:
Grace Bible Alliance Church, 300 Alliance Road, Lexington, SC, elder; Exodus Discipleship Ministries, Chairman (former); Second Chance Ministries, Chairman

48. Five (5) letters of recommendation:
(a) William K. Brumbach, Jr., Senior Vice President/Senior
Trust Officer
First Citizens Bank
P. O. Box 29, Columbia, SC 29202
733-2675
(b) Honorable J. Woodrow Lewis, Chief Retired
The Supreme Court of South Carolina
P. O. Box 53, Darlington, SC 29532
(c) Robert B. Jurick, Pastor
Grace Bible Alliance Church
300 Alliance Road, Lexington, SC 29073
356-2803
(d) Rollin W. Mills, Ph.D.
Coordinator Educational Assessments
Lexington School District One
1417 Whippoorwill Drive, West Columbia, SC 29169

(e) George M. Hearn, Jr., Esquire
Hearn, Brittain & Martin, P.A.
1206 Third Avenue, Conway, SC 29526
248-3172

Dear Senator McConnell:

Since the South Carolina Bar Association Screening Committee had some concerns about my limited trial practice, I thought it prudent to offer a supplement to question 14 of my Personal Data Questionnaire.

As Chief Staff Attorney at the Supreme Court for seven years, I supervised the work of eight attorneys. Our work involved reviewing the trial court record, summarizing the facts, researching the issues and drafting a report to the Court on each case. Often I was called upon to defend both my work and the work of other staff attorneys in oral presentation to the Court.

As a result of reading literally hundreds of trial transcripts, I am familiar with not only the substantive law, but also the procedural and evidentiary aspects of a trial. I have been exposed to a broad range of cases including criminal, tort, contract, real estate, probate, family, tax and administrative law.

In my position as Clerk of Court, I have maintained daily contact with the law. I have listened to hundreds of oral arguments, most of which focus upon some alleged trial error. I have drafted numerous opinions and orders and for the last ten years have proof-read every opinion issued by the Court. I have been heavily involved in drafting various Rules of Court. These duties have given me a unique perspective on trial practice and have prepared me to handle the trial duties of a judge.

The Clerk of Court is the chief managerial officer for the Court, with responsibilities over Bar Admissions, Attorney Grievance matters, and a 30,000 volume law library as well as the entire clerical operation. I have daily contact with other court and governmental officials, attorneys, litigants, members of the press and the general public. I have learned to deal politely, yet effectively, with a wide variety of people in all types of situations.

The Court has delegated to me the discretion to rule upon some procedural motions and the leeway to resolve procedural problems not covered directly by the rules of Appellate Practice. In performing all these duties I have developed strong people skills as well as a clear understanding of how a judge should conduct himself or herself.

I have been in private practice, starting a law firm in Greenville with a law school classmate. Consequently, I do understand the time and financial demands of a law practice and the stress these demands place upon lawyers and their families.

I served several years as a military officer, two of which were as a Company Commander. This experience helped develop the strength of character to make the decisions necessary to get a job done correctly and in a timely manner.

There are other very important qualities of a good judge such as the ability to work with people, fairness, impartiality, good work habits, an even-tempered personality, and the ability to listen well and decide each case on its own merits. I submit that I have demonstrated these characteristics in my work at the Court.

I believe that after reviewing the breadth of my work experience, you will find I am in a position of knowing and understanding the entire judicial system and that my unique work experience will be an asset to the bench.

Sincerely,
/s/Clyde N. Davis, Jr.
CND/rd

The Board of Commissioners on Grievance and Discipline reports that no Formal Complaints of any kind have ever been filed against you. The records of the applicable law enforcement agencies: Lexington County Sheriff's Office, a negative; the West Columbia City Police Department, a negative; SLED and FBI records, a negative. Judgement Rolls of Lexington County, a negative.

The SLED reported a judgment in regard to an automobile accident and SLED has confirmed. We contacted the attorney involved that this case involved your son and SLED has amended their first report to reflect this change.

The Federal Court records showed no judgements or criminal actions against you. There were two civil actions where you were named in your capacity as the Clerk of the Supreme Court. Both allege civil rights violations. One action was dismissed in 1984 and the other was dismissed

As with several applicants, your counsel asked Mr. Davis to address a particular question. In the case of most other applicants it was questions as to -- it appeared from the record and the Personal Data Questionnaire, there was a gap in terms of work history, other matters relating to finances.

In this case, Counsel wished to offer Mr. Davis the opportunity to respond to what your Counsel feels is a major question which is his capability of serving in the position of Circuit judge in view of the fact his experience has been limited to practicing in court for the period of, I believe, and please correct me if I'm wrong, 1976 to 1977, Mr. Davis?
A. That's correct.
Q. During that two-year period you practiced in the areas of real estate, domestic, probate business and tax. Your frequency of appearing at trial during that period of time, Mr. Davis, how often were you appearing at trial?
A. Fairly limited. I have some appearances in some domestic matters and some probate court matters. And I think only one civil case in the Circuit Court.
Q. Mr. Chairman, rather that burdening this Committee with going through to reading this letter, I'd like to ask that it be made a part of the public record incorporated in the journal entry in terms of a general response to a general question I would ask to Mr. Davis to please describe

On the substantive side, I have kept up with the substantive law as Staff Attorney and as Clerk of the Court, I have had to proofread every opinion going out of the Supreme Court for the last ten years. And we all -- all the attorneys over there make a habit of reading the US Supreme Court opinions and Fourth Circuit opinions that circulate, so I of necessity to do my job had to keep up with the substantive and the procedural law.

I've been involved in drafting various Court Rules, helped with the drafting of Appellant Court Rules, Federal Rules of Professional Conduct and those types of things. I worked on a regular basis with the Court. All of the Rules that are proposed go through the Staff Attorney's office. They review them, make recommendations to the Court.

I've been involved in a broad range of cases. I mean anything that involved South Carolina law, I've seen -- criminal, civil, probate, domestic. It's a wide variety of things.

I can't think of anything except US Tax law that doesn't come through there. I would say that those are the major points that I'd like to make and what's stated in the letter. I don't need to burden you with that.
Q. Mr. Davis, you've talked a good bit about the skills that you in terms of making decisions on procedural motions or handling substantive areas of law. I've heard and the Committee has heard over the past couple of days several applicants for open seats talk about this baptism by fire they've had by being a trial lawyer somehow equipped them to have a

Is that a fair expectation of a trial judge that he should have practiced and have experienced whether it be the wrath or the magnificence of a judge in order to be a judge himself? And if so, do you have the experience that you think substitutes for that or not or maybe it's not appropriate?
A. Well, certainly, I think it's appropriate. I mean I really think the judge's temperament, demeanor and the way a judge treats lawyers and litigants is in my view is as important as legal knowledge, if not more so. So, yes, I think that's a valid point.

I did practice law. I learned the stresses of private practice and I understand the stress the lawyer is under. I understand the stress that his family is under and, of course, I have had to deal with as Clerk of the Court. I'm really a public spokesman for the Court and I've had to deal with lawyers and I think I've done that in a fair and evenhanded manner. I think that -- I think I do have a sufficient understanding of their problems.
Q. Same question we've asked of other applicants and that's the role of the judge versus the role of a solicitor in the management of a criminal docket, particularly if the judge were to disagree with the solicitor's management of that criminal docket, what's the appropriate means and forum for imparting that criticism to the Solicitor?
A. I would think certainly that would be in a conversation between the judge and the solicitor and maybe other court staff, or the Court or whoever else was involved, but it's not public. It should not be done in a public forum in my opinion.
Q. Ex parte communication, how would you practically implement the admonition of the Canon not to engage in ex parte communication?
A. Well, having worked at the Supreme Court, I know how they feel about it and it's totally forbidden. I would anticipate that I would use the Clerk of the Court, the law clerk, the secretary in arranging hearings or anything like that. I would not discuss the merits of the case with any lawyer on a one on one basis.
Q. Mr. Davis, in April, 1989, you either had the fortune or misfortune of being interviewed by The State newspaper and one of the things that was brought up was you were talking about your job and the things that you did, but you said that you sometimes had the advantage.

You said, "You hear stories of what your classmates are making and you say you're never going to make that working for State government,

How does that fit in with the commitment to being a circuit court judge? I mean are you going to revisit you're commitment to not working 60 hours a week or is it do you not have to work 60 hours a week or...
A. Well, it's funny how something like that can come back to you. I didn't mean by that that I'm not committed to doing whatever is necessary to do the job. I've been a military officer. During that time and during my time in the Court, I have been on call really on a 24-hour basis and whatever needs to be done, I'm going to do it to get the job done.
Q. Are you committed to serving out the full term --
A. Yes, sir.
Q. -- if you're elected?
A. Yes, sir.
Q. All six years. From the area of bias and the way that bias can be perceived through the acceptance of gifts whether it be a lunch or dinner or some type of trip or a true gift in the form of a -- something boxed up and wrapped up, what's your approach to that? How would you practically implement the admonition about acceptance of gifts?
A. Would not accept any.
Q. Does that include any -- always turning down a luncheon invitation or is there some line there that you draw differently or how would you do that?
A. I would not accept a luncheon invitation when the lawyer is going to pay for it, no, sir.
Q. In discussing the qualifications of the candidates for the Circuit Court bench yesterday with folks that were not -- or candidates that were not incumbents, there was some discussion of compassion and the development of compassion for folks that you're sentencing.

While not looking for a specific example necessarily, what experiences in your life have helped you or will enable you to have compassion for that person that's there before you and when you're sentencing them in a criminal trial?
A. I'm not sure I --
Q. What type of life experiences or your involvement in some type of organization or life experiences have you had that will help you to have compassion for that person that will be appearing before you in a criminal trial in the sentencing phase?
A. Well, I've had a varied life experience. I've raised three children and I've been exposed to their problems and concerns and as Clerk of the Court, I've dealt with the public. Individuals would come in, have a

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