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I feel like I work very well in helping those people to the extent that I can as a court official. So, yes, sir, I can feel like I do have compassion for people and exhibited that in my current duties.
Q. Mr. Davis, you are, I believe, unique among -- if you could speak up a little bit.
A. Okay.
Q. Is your microphone -- pull the button. In reviewing with each candidate the compliance with the law one of the questions we have asked is whether you have sought the pledge of any legislator prior to this screening process being completed?
A. No, sir.
Q. Have you asked any third parties to seek consideration of any legislator prior to --
A. No, sir.
Q. You have the unique status of being a public employee running for a judgeship particularly one in the position that you're in. There are other employees of local government and counties, solicitor's offices. There are also judges who are public employees running for reelection or elevation.

What steps have you taken to ensure that there is no conflict of interest in terms of your seeking the higher position, vis-a-vis, your job responsibilities and any -- in compliance with the Ethics laws as you see them? What have you done?
A. Okay. I have anticipated that this would come up, so I have been accumulating my annual leave, so that when I do begin my campaign, I will take leave from my current job. I have -- in the letter that I submitted this morning, I -- you will see that there is an expenditure there for rent and telephone installation.

I have rented an office, so that I will go there to conduct my campaign rather than make any type of phone call or campaigning from my state office. So primarily thus far those are the things that I've done.
Q. So as I understand you're taking annual leave any time that you're involved in campaigning whether you be here today or --
A. That's right.
Q. -- you're campaigning, you're --
A. Yes, sir.
Q. Mr. Chairman, I have no other questions.
THE CHAIRMAN: Thank you, sir. Any members of the Committee have any questions? Representative Hodges.

And I'd like you to begin, if you could for me, talk about the -- your experience in the courtroom and the trial courtroom and how you think you can overcome your lack of trial experience.
A. Okay. Well, as to your first question, I guess in some respects, I would concede that I could do the appellate work maybe a little better than the trial work. I wouldn't concede that I can't do the trial work by saying that. I don't know what you -- whether you heard this part of it, but I have worked on and reviewed hundreds of cases, all types.
Q. And in what capacity?
A. As --
Q. As Clerk of the Court or as a --
A. As Staff Attorney.
Q. Okay.
A. Chief Staff Attorney for the Court.
Q. Are you talking about the actual trying of the case or are talking about after the fact of reviewing what happened in the trial?
A. I'm talking about after the fact, yes, sir.
Q. Okay.
A. Yes, sir. But I do believe that that has made me sufficiently familiar with the procedural aspect of the trial, evidentiary aspects of the trial and what -- how a judge should act and how a judge shouldn't act and what problems can come up and how you should deal with them, so I believe I am familiar with that. Yes, sir.

I mean I would concede it would be better if I had a lot of trial experience, but that's a fact I can't change.
Q. During your career, you were briefly in private practice, were you not?
A. Yes, sir. That's correct.
Q. Did you try any cases in Circuit Court?
A. I was involved in a trial of one civil case in Circuit Court. I was in Family Court more than that and in Probate Court several times.
Q. The -- I don't know that you were part of the Rule 5 -- what we used to call Rule 5 generation where you had to have so many trial experiences

1. Marc Herbert Westbrook
Home Address: Business Address
115 Cedar Lane Parkway Lexington County Courthouse
West Columbia, SC 29170 Lexington, SC 29072

2. He was born in Charleston, South Carolina on October 3, l946. He is presently 47 years old.

4. He was married to Linda Louise Lawhon on August 23, l969. They have 2 children: Thadeous Herbert, III, age 19 (page, S. C. Senate, 1993 Session); and Richard Neal, age 15.

5. Military Service: None.

6. He attended Anderson Junior College, l964-l966, A.A. Degree; the University of South Carolina, l966-l968, B.A. Degree; Southern Seminary (Louisville), l968-l970 (left to enroll in law school); and the University of South Carolina School of Law, l970-l973, J.D.

8. Legal/Judicial education during the past five years:
He has attended the courses as required for Circuit and Family Court Judges by the S. C. Supreme Court.

12. Legal experience since graduation from law school:
1973-1983 Law practice with heavy emphasis on trial practice
l983-1993 Family Court Judge
(In his years of law practice, he practiced with four different firms, but his type of practice, particularly trial work, was the same with each. Those firms were: Bryan, Crosby & Bates (Associate, 1973-1979); Turnipseed, Westbrook & Dew (Partner, 1979-1980); Solo Practice (1980- 1983); Westbrook & Dolce (1983)

13. Rating in Martindale-Hubbell: He is not listed now, to his knowledge. The last listing was "CV" in 1976, in what was approximately his third year of practice.

14. Frequency of appearances in court:
Federal - average 2-3 times per year
State - average 2-3 times per week during legislative session; minimum 5 per week out of session
Other - average 2-4 times per month overall (usually magistrate, municipal, or probate, or administrative agencies)

15. Percentage of litigation:
Civil - 34%
Criminal - 18%
Domestic - 48%
(This was calculated using actual case files at the time he left practice to assume the bench.)

16. Percentage of cases in trial court:
Jury - approximately 5-10% of cases were tried
Non-jury - approximately 90-95% (included settled and domestic cases)

17. Five (5) of the most significant litigated matters in either trial or appellate court:
(a) State v. Baughman, et al. This was a criminal case in which 11 men were charged with conspiracy to distribute cocaine. Trial lasted 1 1/2 weeks and involved several close questions on the issues of conspiracy and drug trafficking. He was sole counsel for one of the 11 defendants.
(b) Baker v. Thomas, et al. A medical malpractice case which lasted a little over two weeks in trial time, this was the first medical malpractice verdict in Lexington County. He was associate counsel for the Plaintiff.
(c) State v. Bryan. In this obstruction of justice case, a public official was charged with "ticket-fixing." The Defendant was acquitted by a jury after a two-week trial. He was associate counsel for the Defendant.
(d) DSS v. Bowman. This was an early case on termination of parental rights, in fact, one of the first cases to terminate rights where the parents had made only token rehabilitation efforts. He was sole counsel for DSS.
(e) Hendrix v. Mason. This was a case tried in equity with the major issue being a civil agreement which included a domestic issue. In the early days of the statewide Family Court system, this case distinguished Family Court jurisdiction from Circuit Court jurisdiction. He was sole counsel for the Defendant, and later appealed the case.

18. Five (5) civil appeals:
(a) Hendrix v. Mason. This appeal involved the question of a circuit judge hearing a domestic issue when it was wrapped in a civil agreement. The Supreme Court remanded it to the Family Court to hear the domestic issue.
(b) ___________ v. _______________. This case involved the issue of invoking the Fifth Amendment in a contempt matter.
(c) Murphy v. Goff. This appeal was on the question of approval of an agreement when matters involving children had been omitted. Disposed of by former Rule 23.

Eleventh Judicial Circuit Family Court Judge, 1983-present, elected by legislature, domestic cases

Springdale Municipal Judge, 1975-1976, appointed by Springdale Town Council, limited to cases in the town

21. Five significant Orders or Opinions Written:
(a) K.L.G. v. G.A.G. (now under appeal). Two major issues: (1) How child custody is affected by the "second-hand" smoke issue; and (2) Whether to allow sealed Order to be opened and media given access to issues involving the child. (NOTE: Initials used by Order of the Supreme Court.)
(b) In Re Gina Grant. Major issue involved sentencing of 15-year- old girl who had admittedly killed her mother after several years of abuse. (not appealed) The child was given a probationary sentence, conditioned to the Massachusetts juvenile program. This was complied with, and she is now off probation after performing well in the program.
(c) Griffin v. Inman. Question of whether to grant visitation rights to maternal grandparents when the natural parents were intact (never separated or divorced), and grandparents had never seen the one-year-old child. (not appealed) Relying on the Brown case, he denied visitation on the ground that the statute did not allow such visitation under those conditions.
(d) In Re . Issue of whether to waive to General Sessions Court, a girl charged with killing her brother, with her mental illness being a complicating factor. (not appealed) He denied waiver, ordered she be tried in Family Court, and she later pled guilty to the charges. She is now in college in another state and is doing well.
(e) Woodside v. Woodside. Major issues of Equitable Distribution and Alimony, particularly pivoting around husband who had always held two positions related to his primary profession as a professor at U.S.C. 290 SC 366 (1986). The opinion from the Court of Appeals well

22. Public Office:
Lexington County Council, Chairman (1976-1978), elected
S. C. House of Representatives (1978-1983), elected

23. Employment As a Judge Other Than Elected Judicial Office:
Music Director (PT), Springdale Baptist Church, 8/84 to 8/87
Music Director (PT), Congaree Baptist Church, 2/90 to 2/92
(Both involved coordinating music programs in the churches.)

24. Unsuccessful Candidate: S. C. House of Representatives, 1974; Circuit Court Judge, 11th Circuit, 1991

25. Occupation, business or profession other than the practice of law:
None other than part-time jobs in school

26. Officer/director or management of business enterprise: He is a Director of a non-profit corporation known as Asian Opportunities International (AOI). It is a corporation begun by his brother, who is a Southern Baptist missionary. The corporation's purpose is to give local support to missionaries in Asian countries. Also, he is President of the local baseball league in which his son plays. The only ties from that have been that one of the teams in the league was sponsored by a corporation which has a lobbyist (Laidlaw). He is not involved in getting this sponsorship, however.

28. Financial Arrangements or Business Relationships (Conflict of Interest):
He has no relationships with any businesses, nor does he have any investments. In fact, he has never owned any stocks, bonds, etc. His only investments have been savings accounts or certificates of deposit with his local banks.

32. Sued: Only in his capacity as Chairman of the Lexington County Council and as a member of the S. C. House of Representatives. They were filed neither personally or professionally against him.

36. Lobbyist or Lobbyist Principal: In the past 15 years, he has either been in the legislature or on the bench and has had no occasion to

37. Lodging, Transportation, Entertainment, Food, Meals, Beverages, Money or Any Other Thing of Value From a Lobbyist or Lobbyist Principal
He has not accepted, nor will he accept, any contributions from anyone for his campaign. He will underwrite all expenses with personal funds.

39. Use of Government Personnel, Equipment, Materials or an Office Building in an Election Campaign: He has never been charged with any offense under this section. In fact, he would note that he has personally prepared this application (including the typing) and is not using his secretary or public equipment for this campaign.

40. Expenditures Relating to Candidacy:
Postage $50.00 (paid with personal funds)
Telephone $20-$30 (approximate)
These have all been incurred by him from his personal funds.

41. Contributions Made to Members of the General Assembly:
He has never made a contribution to any member of the General Assembly since he has been on the bench.

45. Bar Associations and Professional Organizations:
South Carolina Bar; Lexington County Bar; S. C. Family Court Judges' Council; National Council of Juvenile and Family Court Judges

46. Civic, charitable, educational, social and fraternal organizations:
Palmetto Master Singers; Anderson College Board of Trustees; Springdale Baptist Church (Deacon, Moderator, College Students' S.S. Class); Dixie Youth and Boys Baseball (President & Coach); Recreation League Basketball (Coach); Woodmen of the World; Masons; Lexington Baptist Association Executive Committee

2. Positions on the Bench:
Family Court Judge, 11th Circuit (11/83-present)
Springdale Municipal Recorder (1975-1976)

10. Extra-Judicial Community Involvement:
Courts: Committee on Gender Fairness in the Courts (1993) - appointed by Chief Justice
Community: Palmetto Master Singers; Springdale Baptist Church; Lexington County Baptist Association Executive Committee; Dixie Boys Baseball

And I also note the Board of Commissioners on Grievance and Discipline reports that no Formal Complaints of any kind have ever been filed against you. The Judicial Standards Commission has no record of reprimands against you. The records of applicable law enforcement agencies: the Lexington County Sheriff's office, a negative; Lexington City Police Department, a negative; SLED and FBI records, a negative. Judgment rolls of Lexington County are negative. Federal court records show no judgements or criminal actions against you.

There was one civil action involving you and others which allege civil rights violations. Our information, these cases -- this case was dismissed

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