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 5290, Apr. 28 | Printed Page 5310, Apr. 28 |

Printed Page 5300 . . . . . Thursday, April 28, 1994

A. No, I have not. I certainly have made every effort to meet legislators I do not know, very frankly, to ingratiate myself with those that I do know, and I have not asked the question.

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.


Printed Page 5301 . . . . . Thursday, April 28, 1994

This was in my capacity as a county council member and it was an employment discrimination case which we settled within a short period of time, but it was not reported on my Questionnaire.

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.

PERSONAL DATA QUESTIONNAIRE SUMMARY

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.


Printed Page 5302 . . . . . Thursday, April 28, 1994

8. Legal/Judicial education during the past five years:
For the past five years, he has taken various continuing legal education courses in domestic, criminal and civil law. He has taken twice the number of hours required each year.

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%


Printed Page 5303 . . . . . Thursday, April 28, 1994

16. Percentage of cases in trial courts:
Jury - 25%
Non-Jury - 75%
Sole Counsel, most often

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.


Printed Page 5304 . . . . . Thursday, April 28, 1994

NOTE: This firm does not usually do appeals. These represent all of the appeals with which he has been involved. Only the first is a domestic case. He tried the case and assisted in the preparation of the 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.


Printed Page 5305 . . . . . Thursday, April 28, 1994

over a disagreement as to parole eligibility. the problem was corrected, and the P.C.R. withdrawn before trial.
(2) State v. Lester Jolly, 91-CP-15-424, decided August 19, 1992. The Defendant was convicted of Criminal Sexual Conduct with a minor and filed a P.C.R. alleging ineffective assistance of counsel for failure to object to certain evidence. The P.C.R. relief was denied.
(3) State v. Malcolm Bruton, 93-CP-15-298. The Defendant pled guilty to burglary charges and filed a P.C.R. for ineffective assistance of counsel alleging that certain incorrect facts were presented to the trial judge. The P.C.R. relief was denied.

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


Printed Page 5306 . . . . . Thursday, April 28, 1994

area. He believes that this background will help him become a competent, compassionate and effective jurist.

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

PERSONAL DATA QUESTIONNAIRE - ADDENDUM

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.


Printed Page 5307 . . . . . Thursday, April 28, 1994

(7) Arbiter; Common Pleas; decided March 31, 1993; 92-AP-15-005; Mitchell Headden v. Magnolia Florists.
(8) Arbiter; Common Pleas; decided August 23, 1993; 93-AP-15-002; Tisa F. Adkins v. Thomas Goff.

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?


Printed Page 5308 . . . . . Thursday, April 28, 1994

A. I would say we probably have two weeks of Family Court a month, and I'm there probably at least three days of any of those weeks.
Q. What percentage of your domestic practice or your Family Court practice is contested?
A. I would say a very high percentage of it. Of course, that goes to how you define contested. There aren't that many matters in Family Court that aren't contested to some degree or another, but I would say probably half of it is contested divorce matters that go on to some resolution.

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


Printed Page 5309 . . . . . Thursday, April 28, 1994

necessarily in the Family Court area. And the two -- actually, I've done four capital murder cases. But the two that I listed are in that same category, they're unusual. They've gone the distance and they are, I think, very significant cases.

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.


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