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 5110, Apr. 28 | Printed Page 5130, Apr. 28 |
Printed Page 5120 . . . . . Thursday, April 28, 1994
We talked about that more or less in terms of court, but the weeks you don't have court apparently you must spend a great deal of time in the office as well. Could you comment on that, please?
A. I spend a lot of time after hours. When I say in the afternoon and early in the morning, we don't require lawyers to come in. My law clerk is back here. And they say to work as my law clerk you are a survivalist. But insofar as the orders -- well, first I think the judge ought to decide.

A judge, federal judge, took an oath of office yesterday and she used that general presentation, you need to decide. I don't think the litigants should be delayed. I don't think an epiphany is going to occur after you hold it for 60 or 90 days. I think you need to stay with it, get the order out. That's what I try to do.
Q. Have you experienced any tension between meeting that 30 day mark and the quality of your orders?
A. None whatsoever. Background work is important to me, counsel. I do not know if you know this or not about my staff and I, but we have 50 notebooks. In those 50 notebooks accumulated over the years, we accumulate topics, opinions every week. Not a single week is missed. Every week when the State Supreme Court issues its opinions, we take those, we review them, read them, study them and then we place them in locations in the books. We work on the books and I use those books as resource material. I use that as the basis and premise for every case.

When we begin the term, we've got the books available. When we begin a hearing if that issue involves unfair trade practices, the Unfair Fair Trade Practices notebook is there. The cases for the last 10 years sequentially, chronologically identified in the book, and some charges that I've used over the years. I'm a charge person and I use those charges. The use of that background material enhances the consideration of the case in my judgment.
Q. As an appellate court judge, what do you think the practice should be about reading briefs, law clerk's memorandum, transcripts and otherwise knowing about those cases that aren't preassigned to you and what would be your practice?

Printed Page 5121 . . . . . Thursday, April 28, 1994
A. Every brief will be read. Every paper will be read. That's my practice now when I try a case. I began a trial yesterday in Florence. It will last three weeks. They have identification of witnesses that exceed 100. That material, that information is available. I have reviewed that. I know that theories will be five in number for the Plaintiffs. I know what the theories are. I've already identified the notebooks involved in those theories. I read the material. I think the lawyer ought to be shown the courtesy that the judge will read every single document presented and I do that.
Q. And that would be your practice even with cases that are not preassigned to you?
A. It would continue.
Q. I guess that's how 7:00 o'clock gets to be in the afternoon. You're known for being strict in the courtroom. What's your philosophy about how you run the courtroom?
A. I think the jurors and the judge should listen. First and foremost, I think the judge should listen. I mean the judge should listen to the witness testifying, so he'll be able to rule on matters of evidence and be able to have a feel for that case and I think jurors should listen.

If you open every door in the courtroom continuously, the first thing when the door opens in the back door of the court facility in Florence, the jurors look. I have a tendency almost to look myself and so I do maintain some decorum. I think first that's a place where significant matters are being considered, that case is important to that litigant. I want to give it my best talent and capability. I want the jurors to do that very same thing. And I emphasize that to those participants.
Q. And you touched on judicial temperament some in that response, but describe for us what you consider to be good judicial temperament.
A. I think the judge should be willing to listen to the lawyers, listen to the witnesses, hear them out. Listen to those litigants and then rule. Now, the problem in regard to some folk when they review this process is that they do not understand that this is not a popularity contest position. You must rule. After you hear the parties and the litigants, you must issue an order. That order does not make everyone happy. Someone loses. I think the bottom line is to give everyone a fair hearing and then rule.
Q. What do you do -- assume you take a left or right turn in terms of judicial temperament and an attorney feels he has some reason to complain -- first of all, has that happened in the 13 or 14 years you've been on the bench?

Printed Page 5122 . . . . . Thursday, April 28, 1994
A. I am so proud of what these lawyers have said in this report that they just handed this committee and I will treasure it whether I ever serve on the State Supreme Court a single day again. Members of the Bar interviewed indicated that they had received a fair trial any time they appeared before me. That is wonderful for me personally.
Q. I have known some legislator's who apparently served with you when you were in the House.
A. A very shy, reticent person.
Q. That's exactly what they said. They tend to talk about sort of as a -- affectionately as a renegade. You tended to sometime be on the minority side of a particular
issue, but you were particularly skillful at using rules to advance your position or to halt the majority in trying to pass its position.
A. I'm guilty.
Q. Guilty. That's a fair characterization?
A. I did do that during seven years occasionally. I used the rules every time I could. If I had a strong position, I used the rules. Occasionally, I would try to delay matters if I thought they were major concerns to the litigants. I remember one time engaging in what I then called educational debate concerning the interest rates. And it was being substantial increased.
Q. Well, as a member of an appellant court of five members, teamwork and consensus building will be important. Should the Committee expect Ralph King Anderson from the House days or some other Ralph King Anderson, you know, and I guess I'm asking you, too, how strongly do you have to feel to dissent from an opinion and to -- what would you do to advance your view of a case?
A. I would try to do it internally. I do not plan to dissent with any degree of regularity. That's not the role of the individual justice, unless it is a matter of conscious, counsel. If it's a matter of conscious, I shall dissent. I promise you, I will do that if it's a matter of major precedent and I have very strong feelings. I will consider a dissent if it is something that needs to be written about contra to the majority opinion, but I'm not interested in writing a lot of dissents. That's not the notoriety that I would want to achieve. I would hope that any opinion that I wrote would be concurred in by the others and that I would be able to concur with some degree of regularity.
Q. In the area of gifts and social hospitality, what are your rules about that and how do you define gift and social hospitality?
A. I do not have much interplay with lawyers. Socially, it is none unless it is a person of some long-standing that I would occasionally see.
Printed Page 5123 . . . . . Thursday, April 28, 1994
My rule is not to have any kind of contact on a regular basis. I just do not do it. I have refrained from doing that.
Q. What are your rules on ex parte communication?
A. I think I have the most strict rule in the state. I don't allow it period. My secretary knows that. My law clerk knows that. We don't allow that.
Q. If you had a matter before you in which you had a minimus financial interest, what would your position be on hearing that case?
A. I will not rule on any case where I have any kind of financial interest including stock or whatever. That's just been my basic rule. It's a bright line test that I enforce and it keeps me from having any difficulty in regard to any perceived prejudice.
Q. In the area of pledges, have you sought the pledge of any legislator prior to screening?
A. I have not, but I went on the floor of the House two times during the Budget debate. I shall not do that again. I do not want to make anyone happy -- or unhappy. I want to make them happy, so I shall maintain a very strict position in the middle of the two chambers with some degree of equanimity and some degree of parity. I will not go in any chamber, recessed or in session.
Q. Have you sought any conditional pledges?
A. I have not. And I note with some degree of concern that the press says that some people are here. I apparently am behind. Major behind.
Q. Have you asked anyone to solicit or seek pledges on your behalf?
A. I have not.
Q. And has any Member of the General Assembly assured you that they could get you some votes or had a certain number of votes that --
A. They have not.
Q. That's all the questions I have.
THE CHAIRMAN: Questions from the Members?
REPRESENTATIVE ALEXANDER: Yes.
THE CHAIRMAN: Mr. Alexander.
EXAMINATION BY REPRESENTATIVE ALEXANDER:
Q. I notice you were at Clemson from '52 to '56.
A. Yes, sir.
Q. What was your major there?
A. It was a general major because I was trying to get enough credits to go to the law school. I was trying to finish three years in two years and a summer school and I did it with no extra credit to spare, so it's mostly history and government.
Q. Is this the place you learned your mastery of grammar?
A. I had a great teacher in --
Printed Page 5124 . . . . . Thursday, April 28, 1994
Q. Who was it?
A. -- regard to a speech course.
Q. John Lane?
A. Yes.
Q. Okay.
A. And he made us start the -- I was from the Pee Dee obviously, and I said oil, and he said, no, the word is oil. And he began to make me flex and to give the word a syllable response and he put me on a tape and I sounded horrible to myself and he kind of took me under the wing I suppose because I was so bad at that time in regard to pronunciation and articulation.
Q. He was quite an outstanding person.
A. Yes. Yes.
THE CHAIRMAN: At this time, the Record will reflect that Mr. Alexander spent eight years at Clemson and didn't -- that's why he asked that question. Any other questions? Mr. Russell.
EXAMINATION BY SENATOR RUSSELL:
Q. Judge, you're familiar with the fact we had another Anderson previously here for screening not too long ago and I just wanted to point out there was -- I don't see it on these questionnaires, but on those questionnaires, there was a question as to whether or not you had ever been scolded by a judicial entity, reprimand, and it caused him great problems. He didn't know whether to list them or leave them out, but he did mention that he had been scolded by the Court before?
A. He has.
Q. Before he had been an attorney, though?
THE CHAIRMAN: Other questions from the Members? If not, thank you, Judge Anderson.
A. Thank you.
THE CHAIRMAN: All right. Next is Judge Baggett. Raise your right hand, please.
JULIUS H. BAGGETT, having been duly sworn, testified as follows:
THE CHAIRMAN: Judge Baggett, your last screening was March 10th, 1988 for the Eleventh Circuit seat.
JUDGE BAGGETT: Yes, sir.
THE CHAIRMAN: Have you had a chance to review your Personal Data Questionnaire Summary?
JUDGE BAGGETT: Yes, I have.
THE CHAIRMAN: And is that correct?
JUDGE BAGGETT: It is.
THE CHAIRMAN: Any changes, clarifications that need to be made?
Printed Page 5125 . . . . . Thursday, April 28, 1994
JUDGE BAGGETT: No.
THE CHAIRMAN: Is there any objection to making the Summary a part of the record of your sworn testimony?
JUDGE BAGGETT: Not at all.
THE CHAIRMAN: It will there be ordered at this time.

PERSONAL DATA QUESTIONNAIRE SUMMARY

1. Julius H. Baggett
Home Address: Business Address:
403 Main Street Lexington County Courthouse
P. O. Box 738 P. O. Box 885
Leesville, SC 29070 Lexington, SC 29071

2. He was born in Florence, South Carolina on February 14, 1925. He is presently 69 years old.

4. He was married to Evelyn Ruth Heacox on March 15, 1944. He has four children: Stephen D., age 43 (attorney with firm of McDonald, Burns, Bradford, Patrick & Dean - Greenwood, SC); David Jay, M.D., age 41 (medical doctor, family practice specialist, Dorchester Family Practice - Summerville, SC); Judy Kay Baggett Meggs, age 39 (teacher, Laurens School District - Laurens, SC); and Amy Susan Baggett Spillers, age 28 (former probation officer - Leesville, SC).

5. Military Service: U.S. Navy; June, 1943 - December, 1945; Signalman 2d Class (Petty Officer); Serial No. 829-24-23; Honorable Discharge

6. He attended Furman University; September, 1942 - June, 1943; January, 1945 - July, 1947; B. A. Degree awarded in 1948 after completion of first year of law school. He also attended the University of South Carolina School of Law; September 17, 1947; LLB (reissued as J.D., September 3, 1970).

8. Legal/Judicial education during the past five years:
He attended the course sponsored by National Judicial College in San Francisco on Judicial Efficiency Improvement. He attended all JCLE seminars when travel funds were available.

Printed Page 5126 . . . . . Thursday, April 28, 1994
9. Taught or Lectured:
Yes - at JCLE Seminars on several occasions; at the S. C. Trial Lawyers Association on capital punishment; and at the S. C. Defense Association on opening statements. He spoke to new law clerks at the Annual Conference on two occasions.

10. Published Books and Articles:
Article entitled, "May It Please the Court," published in "The Bar Tab" (A Periodic Report to Members of the Young Lawyers Division), Vol. 11, No. 1, Fall, 1993.

12. Legal experience since graduation from law school:
January, 1950 - December, 1957: Trial attorney; U. S. Department of Agriculture; Office of General Counsel; Atlanta, Georgia
January, 1958 - July, 1966: Partner; Buzhardt & Baggett; Attorneys at Law; McCormick, South Carolina
July, 1966 - October, 1976: Individual practice; McCormick, South Carolina; following death of partner
October, 1976 - present; Resident Circuit Judge; Eleventh Judicial Circuit

13. Rating in Martindale-Hubbell:AV

20. Judicial Office:
South Carolina Circuit Courts, elected without opposition July 22, 1976, assumed office October 2, 1976; reelected without opposition in 1982 and 1988.
The Circuit Court of South Carolina is the highest level of trial court in South Carolina with unlimited jurisdiction in both criminal and civil cases.

21. Five (5) Significant Orders or Opinions:
(a) South Carolina Insurance Company v. Estrada, 277 S.C. 343, 287 S.E.2d 475 (1982).
(b) Multi-Cinema v. South Carolina Tax Commission, 292 S.C. 411, 357 S.E.2d 6 (1987).
(c) Sales International Limited v. Black River Farms, Inc., et al., 270 S.C. 391, 242 S.E.2d 432 (1978).
(d) Dewey Bowen, et al. v. Tony Ellis, et al., 81-CP-32-2186 (No Appeal).

Printed Page 5127 . . . . . Thursday, April 28, 1994
(e) James C. Anders, Solicitor of the Fifth Judicial Circuit v. Albert Jones and Edward H. McElveen, et al., d/b/a DeSoto Hotel, 80-CP-40- 3039 (No Appeal).

22. Public Office:
South Carolina House of Representatives, 1967-1968, 1970-1974, elected in General Elections

24. Unsuccessful Candidate:
Candidate for House of Representatives, Democratic Primary, 1968
Candidate for House of Representatives, Democratic Primary, 1974

25. Occupation, business or profession other than the practice of law:
None, except part-time work while attending school and college, as well as military service during World War II

39. Expenditures Relating to Candidacy:
12/1/93 Postage $116.00
12/14/93 Supplies $ 50.00
1/5/94 Telephone $ 81.65
1/18/94 Photographs $144.90
Booklets $250.00 (estimated)

44. Bar Associations and Professional Organizations:
South Carolina Bar Association; American Bar Association; South Carolina Association of Circuit Judges (Treasurer, Vice Chairman and Chairman [President]); Lexington County Bar Association; Tri-County (Edgefield, McCormick and Saluda) Bar Association

45. Civic, charitable, educational, social and fraternal organizations:
Mine Lodge No. 117, A.F.M. (Masonic Order); Masonic Chapter Council and Commandery; Hejaz Shrine Temple

46. As of June 30, 1994, he will have completed 17 years and 9 months of service as a Circuit Judge. He is the second-most senior Circuit Judge of the 40 judges (Judge Rodney Peeples being the most senior). He has worked diligently and has introduced innovations in the Circuit Court system, especially the use of computer generated research. The present members of the Supreme Court, with the exception of Justice Toal, are all former colleagues of his in the General Assembly and on the Circuit Court. Working with them and

Printed Page 5128 . . . . . Thursday, April 28, 1994
Justice Toal would be a pleasant and intellectually stimulating experience which would be of benefit to the Judiciary.

47. Five (5) letters of recommendation:
(a) Raymond S. Caughman, Chairman and CEO
The Lexington State Bank
P. O. Box 8, Lexington, SC 29071-0008
359-5111
(b) Larry W. Propes, Deputy Director
South Carolina Court Administration
P. O. Box 50447, Columbia, SC 29250
734-1800
(c) Honorable Jeff D. Griffith, Jr.
P. O. Box 387, Saluda, SC 29138
445-2671
(d) Honorable Hubert E. Long
431 N. Lee Street, Batesburg, SC 29006
532-4605
(e) Patrick J. Frawley, Esquire
President, Lexington County Bar Association
P. O. Box 489, Lexington, SC 29071
359-2512

PERSONAL DATA QUESTIONNAIRE - ADDENDUM

2. Positions on the Bench:
South Carolina Circuit Court; Eleventh Judicial Circuit; Resident Judge; October 2, 1976 to present; term expires June 30, 1994

The Board of Commissioners on Grievances and Discipline reports no formal complaints or charges of any kind have been filed against you. The Judicial Standards Commission has no records of reprimands.

We've checked with the records of the applicable law enforcement agencies, that being the Lexington County Sheriff's Office, the Leesville City Police Department and SLED and FBI, and all those records are negative. The Judgement Rolls of Lexington County are negative. The Federal Court records show no judgements or criminal actions against you.

There apparently was one civil rights action brought against you and others, which was dismissed in 1986. No complaints or statements were

Printed Page 5129 . . . . . Thursday, April 28, 1994
received against you. No witnesses are present to testify against you. At this time I'm going to turn you over to Ms. McNamee for questioning.
JUDGE BAGGETT: Fine.
JUDGE BAGGETT - EXAMINATION BY MS. MCNAMEE:
Q. Good morning, Judge Baggett.
A. Good morning.
Q. If you can't hear me, please let me know and if there is anything you need, please let us know.
A. Thank you.
Q. Is there any statement or any comment that you would like to make to the Screening Committee before we begin?
A. Yes, thank you, I was hoping you'd let me do that. I saw that they've allowed about five minutes and I won't probably take that much time.

Mark Twain once remarked that the report of his demise was greatly exaggerated. As -- in that regard, I would say that the report of my retirement is greatly exaggerated in the sense that I hear that quite often as I go around. I'm not retired.

I opted not to run for reelection as a Circuit judge for the Eleventh Circuit. I hope I'm not being an egotist to think that I could have been reelected. I don't know of any reason why I could not have. But because of the opportunity over there being two openings on the Supreme Court, it seems to me a ripe opportunity for me to offer for that service.

I'm a part of the class of what I prefer to call the Class of 1976 where there were nine new Circuit judges put on as a result of the 1972 Judicial Reform Act and three of my colleagues with whom I served in the General Assembly are now present members of the Supreme Court, Justice Harwell, Justice Finney and Justice Moore. I think that's one of the attractions for me to be on the Supreme Court, that they are such good friends of mine and such pleasant people and the intellect of Justice Toal added to all of that makes it a wonderful opportunity to be able to take part in that, part of the justice system.

Statutory limitations would limit my activity as a judge. I'm 69 years old, so I only have about two and a half more years statutorily to be able to serve on the courts. I thought it would be preferable and desirable from my standpoint to conclude my judicial service to the State by serving on the Supreme Court. And to do this, to make the announcement early, so this General Assembly will be able to fill my spot without any disruption on the Circuit Court. I do believe that we do not need any disruption because of the overwhelming wait for cases and I just felt that that was the best approach to take.

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