I have approached them maintaining visibility, which I think is important. I
think that's the way these things are done in part, and
-- but I have not make any -- made any efforts to directly or, by my definition
of the term, indirectly solicit their votes. I have said a lot of, "Hi, how
are you doing."
Q. That's about the extent of it?
A. And, you know, of course, you know, as you know, I disclosed, I wrote a
fairly extensive -- I wrote a brief letter to each Member and I also included
an extensive biographical summary.
And, I will tell you this, that I follow up many of the contacts that I have
with people, particularly for the first time, with a personal letter and -- for
instance, the other day, as an example, and this would be a fairly typical
example, I met with a legislator who I had not had the previous opportunity to
meet, talked to him about my background, and he -- this person, particular
person, had seen a newspaper article concerning me and these judicial ratings
and mentioned that. And I was gratified that he mentioned it, and so then I
sent him a copy of the article when I wrote the note to him. That's the kind of
thing that I have been doing.
MR. ELLIOTT: That's all the questions I have, Mr. Chairman.
THE CHAIRMAN: Questions from the Members? Thank you, Judge.
That concludes the candidates for Associate Justice of the Supreme Court. We'll move now to the Fourteenth Judicial Circuit, Family Court Bench, Seat Number Two.
The first candidate is Harris L. Beach, Jr. Mr. Beach, step forward,
please.
HARRIS LEWIS BEACH, JR., having been duly sworn, testified as follows:
THE CHAIRMAN: Mr. Beach, have you had a chance to review your Personal Data
Questionnaire Summary?
MR. BEACH: Yes, I have.
THE CHAIRMAN: And is it correct?
MR. BEACH: Yes, it is.
THE CHAIRMAN: Any changes or additions that need to be made?
MR. BEACH: I did notice when I went over this that when I reported the suits in
which I was a defendant, I neglected to add one of the cases entitled Green
versus Colleton County, which was brought to my attention by the SLED
Report.
I also noticed that, when I was listening to Judge Pleicones, he spoke about
interest in properties. I do have an interest in the law office that we have
and I don't think -- I really didn't go back through here to see, but I did not
report that, I don't think, on my Personal Data Questionnaire. That's going to
be transferred if I'm lucky enough to be elected to this position.
THE CHAIRMAN: All right. Those changes will be noted.
MR. BEACH: Thank you.
THE CHAIRMAN: We would at this time make your Summary a part of the record of
your sworn testimony, if there's no objection.
MR. BEACH: No objection.
1. Harris Lewis Beach, Jr.
Home Address: Business Address:
Route 3, Box 536 202 Carn Street
Walterboro, SC 29488 P. O. Box 1122
Walterboro, SC 29488
2. He was born in Ellenton, South Carolina on May 15, 1947. He is presently 46 years old.
4. He was married to Betty Chloe Lynn on August 16, 1969. He has one child: Harris Lewis, III, age 21 (student at Florida Community College; Jacksonville, Florida).
5. Military Service: 1969 to 1977 (ADT and inactive reserve); Army Signal Corps; Captain SN 247768879; discharged, honorable on May 8, 1977
6. He attended Clemson University, 1965 to 1969, BA, Political Science; and
the University of South Carolina, 1969 to 1973, JD, Law.
9. Taught or Lectured:
He has lectured on domestic law to local paralegal courses.
12. Legal experience since graduation from law school:
Since graduation from law school on May 13, 1972, he worked briefly for the
firm of Levi and Wittenberg in Sumter, South Carolina, prior to taking the
bar examination. He assisted them with commercial litigation cases and did
general legal research.
He took the bar exam and reported to Fort Gordan, Georgia, for Active Duty
for Training. He completed this training in October of 1973, and was sworn
before the Supreme Court on November 16 of that year.
He then went to work for Ackerman, Boensch and Butler in Walterboro, South
Carolina, where he handled commercial litigation and some limited general
practice until he left in 1974.
His next job was an associate with McLeod, Unger and Fraser in Walterboro
from 1974 to 1975. He had a general practice with emphasis on domestic and
criminal cases.
In 1975, he became associated with Keith M. Kinard, Esquire, of Walterboro,
South Carolina. They formed the firm of Kinard and Beach, Attorneys, where
he has practiced until this date. They have a general practice, and he
concentrates on domestic cases and does some criminal and plaintiff's
litigation.
13. Rating in Martindale-Hubbell:BV
14. Frequency of appearances in court:
Federal - less than twice a year
State - frequently, an average of once every other week, especially in Family
Court
Other -
15. Percentage of litigation:
Civil - 30%
Criminal - 20%
Domestic - 50%
17. Five (5) of the most significant litigated matters in either trial or
appellate court:
(a) State v. Carlos Elliott, 88-GS-15-135, 136 & 138. This was
a capital murder case tried before a jury. The defendant received a
life sentence.
(b) State v. Ruben Martinez, 93-GS-15-554. This also is a capital
murder case which has not yet been completed. It involves a
participant in the Mariel Boat Lift of 1980.
(c) Alewine v. Alewine, 89 MO 23 (1989). This was a complicated
divorce and custody case which was appealed to the South Carolina Court
of Appeals.
(d) White v. White, 91-DR-15-342. This was a complicated divorce
and equitable distribution case involving the fraudulent transfer of
marital assets.
(e) Ethel Taylor v. John Doe, et al., 93 UP 321 (1993). This was an
adverse possession case which he tried and successfully defended
against an appeal to the South Carolina Court of Appeals. Rehearing
was denied last month.
18. Five (5) civil appeals:
(a) Alewine v. Alewine, 89 MO 023 (SC, 1989). Appeal from Family
Court, 14th Circuit, decided February 6, 1989. He tried the case
originally and assisted but was not lead counsel on appeal.
(b) State Farm Mutual Ins. Co. v. William Edward Cobb, et al., 92 MO
187 (SC, 1992). Appeal from Circuit Court, 16th Circuit, decided July
23, 1992. He represented one of the Respondents on appeal.
(c) Ethel Taylor v. John Doe, et al., 93 UP 321 (SC, 1993). Appeal
from Circuit Court, 14th Circuit, decided November 30, 1993. He
represented two of the Respondents in this appeal.
(d) Denise B. Matthews v. Ricky B. Taylor, 86 MO 384 (SC, 1986).
Appeal from Circuit Court, 14th Circuit, decided June 19, 1986. He
represented the Respondent on appeal.
20. Judicial Office:
He has never held a judicial office except to serve as an arbiter or special
referee on several occasions. He has also served for several years as the
Reconsideration Officer for appeals of denials of medically indigent
assistance.
22. Public Office:
For the past 16 years he has served as an elected member of the Colleton
County Council, 14 of those years as Vice-Chairman. He has also served two
one-year terms as President of the County Council Coalition which is an
organization of all County Council members in South Carolina.
23. Employment As a Judge Other Than Elected Judicial Office:
None other than occasional services as an arbiter or as a special referee
24. Unsuccessful Candidate:
He was unsuccessful in bids for election to the South Carolina House of
Representatives, District 121, in 1980 and in 1991.
25. Occupation, business or profession other than the practice of law:
He is currently an agent for title insurance. He has maintained an agency
named Tidewater Title since 1982. He is the owner and sole employee of this
sole proprietorship.
26. Officer or Director: None other than in Question #25.
32. Sued: He was sued in his capacity as a County Councilman in a
reapportionment/single member district suit in Federal Court and in a
wrongful discharge suit in Circuit Court. Both cases have been disposed
of.
The following are Post Conviction Relief Actions against him:
(1) State v. Theotis Hall, 79-CP-15-244, dismissed February 18, 1981.
This originally was a capital murder case. The Defendant entered a plea
to a lesser offense and filed a P.C.R.
39. Expenditures Relating to Candidacy:
None other than postage to send out resumes on November 18, 1993, and
December 14, 1993, in the amount of $67.86 which was paid by him.
44. Bar Associations and Professional Organizations:
American Bar Association: Family Law Section; Alimony, Maintenance
& Child Support Committee; Divorce Law & Procedures Committee; Trial
Techniques Committee
South Carolina Bar Association: Family Law Section; Practice and
Procedure Committee; Rule 55, Default Judgment Subcommittee; Pro Bono
Program
South Carolina Trial Lawyers Association:Family Law Section,
Secretary
South Carolina Supreme Court: Member, Board of Commissioners on
Grievances and Discipline
45. Civic, charitable, educational, social and fraternal organizations:
South Carolina Historical Society; Colleton County Historical Society; ACE
Basin Advisory Committee; Savannah River Groundwater Study Committee;
Walterboro-Colleton Chamber of Commerce; Habitat for Humanity
46. He has practiced domestic law since his return to Walterboro, South Carolina. He has done trial work under the old county court system and under the newer Family Court system. He has grown up professionally with this system and he believes this experience will make him a better judge. He has tried to take as many courses as possible in domestic law, and he has been active in the bar in this
47. Five (5) letters of recommendation:
(a) Harold E. Tolbert, Senior Vice-President
First Federal Savings and Loan Association of Walterboro
P. O. Box 1367, Walterboro, SC 29488
549-2526
(b) Keith M. Kinard, Esquire
Kinard & Beach
P. O. Box 1122, Walterboro, SC 29488
549-5824
(c) B. Ray Woodard, Esquire
Woodard & Butler
P. O. Box 1906, Walterboro, SC 29488
538-4566
(d) Donald H. Fraser, Esquire
McLeod, Fraser & Cone
P. O. Drawer 230, Walterboro, SC 29488
549-2516
(e) Kim Miller Bethay, Esquire
P. O. Box 1152, Walterboro, SC 29488
549-1969
2. Positions on the Bench:
(1) Special Referee, Common Pleas, 1976, Black v. Black, 75-CP-15-
072. He served as Special Referee in this pre-family court system
case.
(2) Arbiter, Common Pleas, case settled, 88-AP-15-001, Donald A. Brinson
v. Jerry David Steen.
(3) Arbiter, Common Pleas, case settled, 90-AP-15-001, Jack Barwick v.
Pamela K. Bryan.
(4) Arbiter; Common Pleas; decided May 3, 1991; 90-AP-15-003; Robert C.
Garvin v. Debra S. Garnsey.
(5) Arbiter; Common Pleas; decided March 12, 1991; 90-AP-15-007; Gloria
J. Goodwine v. Keith Justin Hutto.
(6) Arbiter, Common Pleas, case settled, 92-AP-15-001, Paul N. Siegel v.
Willie J. Washington and Valarie H. Peterson.
10. Extra-Judicial Community Involvement:
He is active in his church and in the local chapter of Habitat for Humanity.
Since his judicial offices have been infrequent, he practices law full time.
THE CHAIRMAN: The Board of Commissioners on Grievances and Discipline reports no formal complaints or charges have ever been filed against you. The records of the applicable law enforcement agencies, Colleton County Sheriff's, Walterboro City Police, SLED and FBI, all are negative.
Judgement Rolls of Colleton County are negative. Federal court records show no judgements or criminal actions against you.
Apparently, you made reference to one action that was brought against you.
The suits that we show which were brought against you and other defendants,
including Colleton County, both have been dismissed.
MR. BEACH: That's correct.
THE CHAIRMAN: No complaints or statements have been received against you. No
witnesses are present to testify against you. Prior to turning you over to Mr.
Elliott for questioning, you have the opportunity to make an opening statement,
if you like.
MR. BEACH: I believe everything that I was going to say was covered in my PDQ
and I will waive that.
THE CHAIRMAN: Thank you very much. Mr. Elliott.
MR. ELLIOTT: Thank you.
MR. BEACH - EXAMINATION BY MR. ELLIOTT:
Q. Good morning.
A. Good morning, sir.
Q. For the record, let's get some of your experience in Family Court on the
record. What percentage of your practice is domestic, or is in Family
Court?
A. It's about 50 percent. That's a rough estimate. I guess it varies from
month to month or year to year, but I would say at least 50 percent.
Q. How many times in an average year would you appear in Family Court?
A. Every time we have term a there.
Q. Well, would you quantify that?
And probably half of it would be temporary orders and adoptions and other
matters which I wouldn't consider necessarily contested.
Q. Let's talk about some specific things. You mentioned a divorce. Would you
kind of quantify your experience or tell us what kind of experience you've had,
for example, in handling a termination of parental rights action?
A. I've done several terminations of parental rights actions, both representing
the plaintiff, in a couple of cases representing one of the defendants, and in a
number of cases as attorney for the guardian ad litem or as the guardian ad
litem.
Q. Child custody?
A. Many child custody cases, usually representing the plaintiff.
Q. Abuse and neglect cases?
A. Quite a few.
Q. Have you represented juveniles?
A. Yes, I have.
Q. Is that one case or --
A. Many cases. A lot of them appointed cases and some of them retained
cases.
Q. Paternity, equitable distribution of property?
A. Yes. A good many of them.
Q. On your Personal Data Questionnaire, you're asked to list your five most
significant cases.
A. Yes.
Q. And, as I recall yours, you listed two domestic cases although you're seeking
a Family Court seat and there's, of course, nothing wrong with that. Two of
them are capital murder cases and one an adverse possession case. Why did you
choose to list those instead of Family Court cases?
A. Well, the two Family Court cases that I listed were unusual cases,
complicated cases and cases that went all the way through a complete trial, and
one of them I appealed to the Supreme Court or the Court of Appeals. I thought
those were significant. But when you asked about the most significant cases, I
thought that that should include just that, not
The adverse possession case was also a very complicated case which was
decided by the Court of Appeals just recently.
Q. Apparently, you teach or have taught domestic law to paralegals?
A. Yes.
Q. How often do you teach, where, do you still do that, and what type of
subjects do you teach?
A. I haven't done that now in about three years and -- but before I was doing it
through the University of South Carolina, Beaufort Campus program for
paralegals. There are a couple of new paralegal programs, one out of Orangeburg
and -- the one out of Orangeburg is the one I'm thinking about right now and I'm
-- I've been talking with them, but I haven't done anything in that area
yet.
Q. Was this one course you taught, one semester?
A. I think it's three. I believe it's three times.
Q. Three.
A. And it was generally procedure, teaching paralegals time constraints, Family
Court rules and preparation of different documents and what had to go into a
Complaint and what had to go into a Financial Declaration.
Q. Your materials indicate a tax lien, and you -- which was, according to what
you've written in your PDQ, promptly paid as soon as that came to your
attention?
A. Right.
Q. What was that about?
A. That was, we had a secretary who had not filed something with the Employment
Security Commission and when we found out that that was the situation, we paid
it and filed everything and got rid of it, but still a tax lien was filed.
Q. You list some experiences of a quasi-judicial nature. What benefit, if any,
would those experiences be to you on the Family Court bench?
A. I think that -- I listed special referee and arbiter, I believe are the two
that I listed.
Q. Yes, sir.
A. And they, I think, gave me a feel for sitting as a judge, listening to
testimony rather than presenting it and making a decision which had to be
reduced to writing and brought out promptly. And I think that -- I think that's
where the value lies in that. It made me more aware of what the presiding
officer has to do.