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Records of the applicable law enforcement agencies, Kershaw County Sheriff's Office, Camden City Police, SLED and FBI are all negative. The Judgement Rolls of Kershaw County are negative. Federal Court Records are negative.

There are no complaints or statements which have been received against you. No witnesses are present to testify against you.

Before I turn you over to Ms. McNamee for questioning, I'd offer you the chance, if you so desire, to either make an oral statement or if you wish reduce the statement to be produced in the transcript.
JUDGE KINARD: Okay, I will forgo that option right now due to the hour.
THE CHAIRMAN: Thank you very much. Ms. McNamee.
MS. MCNAMEE: Thank you.
JUDGE KINARD - EXAMINATION BY MS. MCNAMEE:
Q. Judge Kinard, you have been on the Circuit Bench for five years now. Are there any changes that you have noticed in what's come before you, what the duties of the job are, what the work load is in that tenure?
A. Well, the work load is ever increasing, of course, as you know. I've been a judge actually about six years come next month. Unfortunately, I've been Chief Administrative judge in Richland for almost four years, two years in criminal and two years civil. I'm in my twentieth month of being the Civil Administrative judge here. The criminal numbers, of course, are staggering.

The Court Administration did finally give me a fax machine and that turned out to be a blight on our life rather than an asset because the faxes

So initially, actually, I just took most of the complex cases until later in '91 when a few other judges were added and they added the nine, then I was able to parcel out the cases. The Supreme Court passed an order saying that, you know, you could assign complex cases to individuals, regional wide as well as circuit wide.
Q. I understand that you headed up the Settlement Week for Richland County one year and what was your experience with that? Will it be done again?
A. Well, not in my county. This was the first Settlement Week project in the state. Richland is generally designated as the pilot project and we had great success with it. The problem I had with it, of course, is I am the Chief Administrative Judge and I'm asking the attorney to participate in Settlement Week without pay. Of course, every attorney that I called or wrote the letter to said, "Sure, Judge, I'll be happy to assist," and they did. They did a good job.

The Bar then moved to Charleston where Judge Howard has implemented an ongoing situation down there. Back in Richland, we now have Alternative Dispute Resolution Committee which is very active, and since I'm Civil Administrative Judge again, I'm actually over that.

We are -- we have about 45 mediators who are attorneys with their hourly rate. And we hand select the types of cases -- actually been filed six months, and the letter went out last week asking the attorneys if they would participate. We have the -- they can pick their mediator and if they agree to mediate, it's taken off the trial dockets and so forth.

Now, it's, of course, entirely voluntarily except, you know, I'm chief judge. When I ask them to do it, they will try if they can to do it. So that's basically it.

But homeowners' contractor dispute and those things, really should be mediated. If you can get the people sitting down and looking at each other, they can generally be resolved.
Q. You were the managing partner for your firm for many years and I wondered if you had any advice for new lawyers starting out and also with your experience on the bench?
A. Well, it's a little different. I was a generalist, I guess you could say. I started and the law kept evolving and I kept growing with the law. Now, I think you have to specialize more and more. I mean I did things that I wouldn't contemplate having an attorney do like handle stock issues and interstate commerce. My goodness, you can get sued for millions of dollars if you make a mistake on that. Merged savings and loans.

You know, I didn't know you needed expertise, so I think you just have to specialize to do a good job, at least in the metropolitan areas. Now, of you're in a small town, what walks in the door, you have to take, but you need to seek other advice if it's beyond your field of expertise.

Get involved in the community, that's what I would tell a young lawyer. Read the law and get involved.
Q. Do you have an opinion about the proposed Rules of Evidence, the necessity for them?
A. Well, I have read the proposed Rules. The only -- there are two areas of some concern. We have the little handbook of the comparison of Federal Rules of Evidence to the State, I keep that on the bench, have it highlighted and so forth and just use that to anticipate.

I normally rule along with the Federal Rules of Evidence anyway except like for impeachment purposes, they have an ironclad rule of ten years on prior crimes in the Federal system, we don't have one in the State, but I try to adhere to that and -- another area of some concern, of course, are the Dole (phonetic) issues -- well, those are the only two real problems. I think there'd be no real changes --
Q. What is your reason for wanting to be on the Supreme Court?
A. All right. I really always wanted to be there and this is an opportunity, but basically we all have gifts. I think I have a fair gift of sight. So far it's been sight of awareness of what's happening around me,

I actually have a problem with concurring opinion. Our Court does not do that too much. The US Supreme Court, as you know, when it comes down they decided whatever and you have two main opinions, three concurring opinions and four dissents, now, what's the law of the case?

I think the small court of five, if we can agree on the result, we can certainly agree on the terminology even if it takes a little longer to lobby for that position it seems to me.

So dissent, yes, I would do that as a matter of conscience. Concurring opinions, I'd really have to be shocked to write a concurring one. I'm not saying I won't now. I've learned not to box myself in.
Q. What do you feel are the components of a good judicial temperament, Judge Kinard?
A. I've read all the screening reports for the last two years, or I've skimmed them anyway, what the judges have said. I think it's a little different on the appellate level than on the trial. At the trial level, of course, you have to be courteous not only to the attorneys, but specifically to the jurors and the litigants because you're the one with the robe and you're the one that they look to. They actually react to your gesture, your mannerism and your tone of voice and all that and you have to be very careful on that.

At the appellate level, you have timed arguments and so forth. You have attorneys who are hardened to the process and I would still be polite and courtesy and patient and listen, but I don't have to go the second mile on it that I do when I have a jury going on, I think. You know, just characteristics that you put on your questionnaire about rate a judge by A, B, C, D, E, F and G, I would just pull that out and read that and say yes, a judge needs to excel in all those areas.
Q. How do you deal with the stresses of being a Circuit Court judge? And perhaps, you might want to start by telling us about your workday, or your workweek?
A. Well, I get there about 8:00, I leave before 6:00. I eat lunch maybe once every two weeks. That's basically it. I am a speed reader which helps a lot especially in this circuit. I just whip through it before you get

You know, in a smaller circuit, you could take some time and I would look forward to being an associate justice to have time because we make mistakes that you wouldn't make given time to study. But we have to read and decide because if you don't, you get deluged. Attorneys come in, in nonjury terms that are pushing trays of depositions. They've got briefs this thick. You listen to that. Another one comes in right behind it.

I mean, you can't ruminate over those for months. We just have to go to the bottom line and decide. You've got better than, what, 75 percent chance. I should say probably 90 percent chance in most cases of ruling right anyway if you practiced law. Unless it's a novel issue, then if it's a novel issue, you have a 50 percent chance. You just go with the feeling on that after you've read the case.
Q. How do you utilize your law clerk?
A. Well, unfortunately, I do not utilize my law clerk for research because my law clerk stays on the phone dealing with the Richland Bar all the time and protecting me to the extent that she can from ex parte communication. And the hall is lined with attorneys trying to get in every time I step off the bench, that's just the way it is.

Occasionally, I will ask my law clerk to read briefs that have been filed by the attorneys and ask for her input into it, but I don't require her to do much research beyond that, but then I practiced law, you know, for 24 years.
Q. We also did look at your 30-day report and you were totally current also.
A. That's what I just said.
Q. All right. I think you have talked about your philosophy about ex parte communication. You --
A. No, I haven't really talked about it.
Q. Oh, would you, please?
A. Again, I've read all the screening reports and it's just not that easy to say. If I was an associate justice, the answer is never and you can say that absolutely and truthfully. As pure as the driven snow, you can do that. I'm Chief Administrative Judge here, I cannot avoid them. I just deal with them and I will explain.

Last year, I was Criminal Administrative Judge. My solicitor is running for something else. That's neither here nor there. Because of that to an extent, he delegated docket control. We no longer have the roll calls, and, you know, just tying up people in Richland County. What

Now, I'm taking too long with this, I know, but if I'm going to be in a circuit for a while I call in each of the solicitors, and normally there are lots of them, individually and talk to them about these other small things. Now, that's not ex parte on a case that's before me, but I just need to know, for instance, if you get along with him and which public defender do you as a prosecutor dislike because you know I need to know that because if it's a little like before they changed the law for shoplifting, fourth offense, some little lady has taken a pair of shoelaces, the solicitor stands there and wants five years when normally they want time served, I know that there is something besides that case involved. And I need to know that and I have to ex parte to find that out.

I have never breached a confidence on that and I have never told this person that he said that about him and so forth, but I need to know that to run my dockets. I need to know personal problems that they have back and forth.

On the civil side, I do status conferences all the time. We have In Chambers Week. I do them at least 30 to 35 a day, sometimes more than that, but let's just say 30 a day. The attorneys can't always get there. The law clerk is present. If the attorneys come in, I try to settle the case. I need to move the case if I can. Sometimes one attorney will show. There are other attorneys in the office all the time while that's going on. If I can reach the other attorney to ask him if it's okay if I can talk to the other side, if I can't, depending on that, all I want to know is not about the case, what type of case is it, how long will it take to try it and are there any Discovery problems. That's all I want to know. The whole Bar here has no problem with that.

I've never heard a complaint about that. I'm not saying that an attorney will not try to get an edge by saying, "This is a pretty good case, Judge," but I tune that out to the extent that I can.

I mentioned I do not eat lunch. The phone rings and I answer the phone. It may be I won the Publisher's Clearinghouse Sweepstakes or

My answer is no, I never have ex parte communication, with the qualification I have to hear -- I don't talk about the cases other than to gather information.
Q. It's very complicated being in an urban --
A. It's --
Q. What is your standard for recusal, judge?
A. Well, as you know, I have a lot of stock.
Q. Yes.
A. And if I have even one share of the company, I'll do it. In addition, I recuse anytime anybody has any problems or mentions it, I recuse a good bit. I also practiced for 24 years. I've recused all over the state. I've represented corporations. You know, let's say Westvaco is being sued or something or a bank is being sued, I put that on the record. Many times the attorneys will go, no problem. But the litigants, you know, if they frown at all about it, I mean, it's out of here, somebody else can try it without you doing it.

In Camden, it's a major problem. I did a special nonjury term Friday two weeks ago with Criminal Court, finished on Thursday because the solicitor couldn't be -- I called in about forty cases and probably recused on ten of them because I used to represent the people. Or I had stock or I knew something about it, that kind of thing. Other judges have the same problem.

One share of stock, you're out of there. Any financial interest, you're out of the case. That's the bright line that I follow. If I represented one of the litigants at any time, I put that on the record. I may or may not recuse. It just depends.
Q. Could you explain your statement on the PDQ that you plan to put your stock holdings in a blind trust if you're elected to the Supreme Court? Why is that different?
A. Well, I didn't say all. I said the majority of them if you read it.
Q. The majority.
A. Because I don't want to have to recuse. I have so much stock that it's -- just shares of stock that I just don't want to have to recuse all the time. And not only on the main companies, but the subsidiaries and you

You sit on the case, then you come back for screening and you ask me the question, then you write the majority opinions sustaining this whatever, you own the stock in. So if you don't have it, you avoid that problem.
Q. What is your policy about accepting meals or anything of value?
A. Well, I gave up --
Q. Yes, you don't eat lunch.
A. -- eating meals. They don't do that anymore. I mean social hospitality around here, the year that -- who was it? Freeman or somebody. They didn't even have a Christmas party in Richland County. Now, they've started back again. We go to that and other judges are invited and I go to the Bar conventions type activities, but that's about it.

I am in a Supper Club with an attorney in Camden, but his wife went to Winthrop with my wife who is sitting there. We got married the same day and the same time and we've been in the Supper Club 30 years, what am I supposed to do? I put that on the record if he's in front of me, but he rarely --
Q. Could you explain to the Committee how you've gone about seeking this office?
A. To a limited extent, I mean you all got pretty tight rules, there's not much you can do. That's all. I took some time off. I'm taking more time off. If I come over here -- if I'm in Circuit at lunch, if it works out, it doesn't always work out. I'm trying cases and moving the docket first. I have to break at an appropriate time to get here.

I've been here twice, ya'll are gone for some reason every time I get here, so -- beyond that, I wrote the letter with resumes and I've tried to go by the office, but you can't do that if you're only here at lunch time, but I've been to cocktail parties and all that. I've done all that I can do to present myself as pleasantly as I could without being intrusive to the legislators.
Q. Have you sought directly or indirectly the pledge of any legislator at this point?
A. No, I have not.
Q. Are you aware of any solicitations being done on your behalf?
A. No, I am not.
Q. Judge Kinard, we show on the campaign expenditures $323 that was reported to us and $168 reported to both the Senate and the House Ethics Committee. Is that something that needs to be updated?

We're starting that way. We just have to do that. It's good to be scholarly and knowledgeable, but the law is mushrooming. It's impossible. I heard Judge Baggett mention that he needed a lap top. Now, not pushing his candidacy or anything, just for purposes of illustration, I do not have a lap top although when I was a managing partner of the law firm, I kept state of the art -- every time something came out, I had it. Judge Baggett indicated he took a conference call, the attorneys were talking about defense of economic necessity and so his clerk punched in economic necessity and Judge Baggett reads to them, he said, you know, North Carolina case decided three weeks ago held that you had to establish four propositions. I don't know whether it's four propositions or not. He said the attorneys were totally amazed.

Well, you can do that, you know, if you have access to that. You don't have to be the greatest scholar in the world and retain all that. You can just pull it up on your screen and you're trained legally, all judges are trained legally, you can read the elements of one, two, three and four of various causes of action. But without that -- there are like nine elements of Fraud. All of you attorneys can probably list those. You might have

1. John H. Waller, Jr.
Home Address: Business Address:
202 Meadowview Lane P. O. Box 1059
Mullins, SC 29574 Marion, SC 29571

2. He was born in Marion County, South Carolina on October 31, 1937. He is presently 56 years old.

4. He was divorced in 1979. He was the moving party, and the ground was separation (South Carolina Family Court in Marion County, South Carolina).

He was married to Debra Meares on May 9, 1981. He has four children:John Henry, III, age 25 (employee at 2001); Melissa McLaurin, age 22 (student); Ryan Meares, age 10; and Rand Ellis, age 4.

5. Military Service: December, 1959 - June 1960; Active Duty; Army (Armor); Discharged as a Captain; 05308230; Discharged, Honorable

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