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 5310, Apr. 28 | Printed Page 5330, Apr. 28 |
Printed Page 5320 . . . . . Thursday, April 28, 1994
MS. FENDER: No, sir. Thank you.
THE CHAIRMAN: Thank you very much. Mr. Elliott.
MR. ELLIOTT: Thank you.
MS. FENDER- EXAMINATION BY MR. ELLIOTT:
Q. Let's talk about your experience and background, to begin with, in Family Court. What percentage of your practice is in Family Court?
A. At least 95 percent.
Q. And how many times on the average in a year do you appear in Family Court?
A. I'm usually in Family Court three, four, five times a week. But it's sometimes more.
Q. And that's four weeks a month?
A. Four weeks a month, yes. We hold court every week in Beaufort County.
Q. What percentage of your domestic practice is contested?
A. Probably just about all of it is contested in one way or another. That doesn't mean they all go to a full trial, but there's usually someone on the other side even if it's the -- a termination of parental rights of someone who's already signed a release. They're still named, so that could be considered contested. They may not show up.
Q. Well, in the sense of where you really have a bitter dispute?
A. Fifty percent, maybe a little more.
Q. If you would, let's talk about some of the specific things just to see what your experience has been. Termination of parental rights?
A. I've done many of them. I tried one just a few weeks ago.
Q. Child custody?
A. Lots of those. Mostly getting men custody.
Q. Well, I noticed that on your --
A. Yes, that's one thing I do a lot of.
Q. -- PDQ. So you apparently have no bias against men having custody?
A. I think men ought to have custody. That's what I do, I get men custody. Yes, I think they make good fathers.
Q. Abuse and neglect?
A. Lots of times. Appointed cases, retained cases, guardian ad litem for abuse and neglect, attorney for the guardian
- I do quite a few of those.
Q. Divorce?
A. Lots of divorce. Military divorces. I do -- probably 25 percent of my cases are military divorces, with retirements and all the benefits, and then the rest of them civilian.
Printed Page 5321 . . . . . Thursday, April 28, 1994
Q. Juvenile cases?
A. Juveniles, appointed juveniles, also retained juveniles.
Q. In the area of legal writing and contributing to CLE's and JCLE's, do you have any experience in that area with regard to Family Law?
A. No.
Q. You list being a member of the Low County Mediation Network?
A. Yes.
Q. Would you tell us a little bit about that?
A. To be a member of that, you have to have taken the 40-hour mediation course, which I did probably '89 or
'90, a good while ago, and I'm a qualified mediator. I mediate divorce cases, mainly with child custody issues.
Q. In your Personal Data Questionnaire, a case that was particularly interesting to me, it was the DSS versus Hearne, regarding the MSP.
A. The Muchausen Syndrome by Proxy?
Q. Yes.
A. That's an interesting syndrome.
Q. Would you tell us a little bit about that?
A. About the syndrome?
Q. Yes, please?
A. It's a syndrome that is becoming more and more recognized now. There was something in the paper about it just the other day, about that woman who had -- the five children had died and they thought it was crib death, and it turned out she had the Muchausen Syndrome by Proxy.

The parent hurts their child, so they can get sympathy because their child was hurt. "Oh, you poor, dear child is so sick. They're in the hospital all the time. Can't we bring you supper? Can't we do this for you?" It's a recognized disease. A sad case. That woman committed suicide.
Q. You're a member of quite a lengthy list of civic and community organizations. Do you understand what your ethical considerations are with regard to those --
A. Absolutely.
Q. -- if you're elected as a judge?
A. I would take my church membership and my church activities and probably drop out of everything else if I'm elected.
Q. Your brother is a lawyer, I think, according --
A. Yes.
Q. -- to the information, that he's your partner?
A. Uh-huh, he is.
Q. Does he practice family law?

Printed Page 5322 . . . . . Thursday, April 28, 1994
A. He does some family law and -- but I do mainly the family law in our office. He'll probably start having to do more. I will not hear any contested cases that he has. Beaufort is a small place and sometimes there may be a consent order, and with the consent of all parties in open court, I might approve an order if there is no other judge for a couple of weeks.

We don't have the luxury of having more than one judge at a time. That may come up, but he and I have discussed it and I will never hear anything that he has that's contested.
Q. All right, and I did understand what you said, that you would do that on the record and get the parties' consent to that?
A. Absolutely, 100 percent.
Q. You're also a stockholder in the Dowling Law Firm?
A. Yes.
Q. What would be your intentions with regard --
A. I would withdraw. Actually, I've never paid my money, so it wouldn't be much to withdraw.
Q. Tell us about your work ethic. If we asked one of the members of the Beaufort County Bar to describe your work ethic, what would they say?
A. The first thing they would say, she gets up at 3:00 o'clock in the morning and works at home until 7:00. Everybody knows I do that. That's -- I have a computer at home. I have a whole office set up at home. I'm -- as a female, I don't like working in an office building alone.

So, instead of going to the office early like some guys do, I stay at the house, I work on my computer, I draft all of my orders and pleadings on my computer at home and take the disk to my secretary to put them in the proper order. I take all my reading material home, I read it at home between the hours of 3:00, 3:30 and 7:00, and then I go to the office around 8:30, when someone else has arrived, and I usually leave around 5:30 or 6:00, before dark, and get home and go to bed quite early, so I can get up the next morning.
Q. What is your idea of good judicial temperament? Is there anything that you can tell the Committee that would demonstrate to us that you have that kind of temperament?
A. I feel I'm even natured, I don't lose my temper. I'm willing to listen to everyone. I like to emulate Marc Westbrook and Judge Inabinet, are my two sort of role models and I think they both -- they smile at the litigants, they make them feel at ease, make them feel that everyone's being fair to them, listening and rendering a decision in a timely manner.
Q. How would you intend to run your courtroom?

Printed Page 5323 . . . . . Thursday, April 28, 1994
A. I would try to make people feel at ease, because this is the most significant day in their life. They are nervous, they are scared, in most cases, they've never been in court before. This is more important than the money cases or the contract cases because it effects the rest of their lives and the lives of their children. So I would try to explain the procedure to them and tell them that they will have a full hearing, and I would listen to them.

Start about 9:30 in the morning and probably go -- set cases up until 4:00 or 4:15, maybe 4:30. Family law cases don't always end when they're supposed to, and that will allow for a little cushion there at the end of the day.
Q. In the area of gifts and social hospitality, what's your bright line test?
A. Well, most of my friends are lawyers and I would refrain from going to lunch with any that would be trying cases. A lot of my friends are not domestic lawyers and they would never, ever, ever come to the Family Court. I would probably go to lunch with them and have dinner with them. I would reciprocate by having them over. I would not accept any gifts.
Q. Well, a meal, it sounds like you don't consider a meal necessarily a gift --
A. Well, I would pay for my own. And, if I went to their house, then I would reciprocate by having them to my house.
Q. Please tell the Committee how you plan to go about decision making and order writing if you are elected as a Family Court Judge?
A. Once again, like Harris said, Beaufort's a small county. We don't have a support staff like they have up here in Richland County to draft the orders. I would most probably rule from the bench and ask one or both of the attorneys to prepare orders for my signature.

At that time, I would review them very carefully, compare with my notes. If I had any questions, I'd ask the court reporter to play that portion of the transcript back to me and then sign the orders, if both parties had seen it and approved it.
Q. It's interesting because I don't think the Family Court bench here in Richland County has any more support staff than you would. But it's interesting to hear the different responses.
A. Well, I believe they have a docketing clerk. See, we have -- our -- the secretaries of our judges do everything. They file, they docket, they do the entire thing and they don't have any help. They don't have any
-- but really, I think they do have a little more up here.

Printed Page 5324 . . . . . Thursday, April 28, 1994
Q. Oh, I understand. How do you handle ex parte communications now and how would you expect the Bar to handle them with you if you're elected judge?
A. Our judges do not allow ex parte communication. We'll have conference calls or they'll call us both to come in the office. And I intend to do that same thing, either have both parties come into the office or if I learn to use that conference call capability on the machine.
Q. Well, have you found there are any gray areas where it's not quite as easy to apply a real hard and fast rule?
A. It's more difficult when the litigant is pro se, the defendant doesn't have a lawyer. It's more difficult and normally what our judges do, and I intend to do, is just say we'll wait until the hearing and handle all of that in open court.
Q. In your Personal Data Questionnaire, you did report that you wrote some letters to the, I think the Beaufort County Bar members and some friends regarding your candidacy?
A. Yes, I did, and the reason I did that is because everybody was stopping me at the mall, in the courthouse, and asking me what can we do, what can we do. And at that time I thought that they could contact legislators and just say that they knew me and thought I'd be a good judge, and that's why that letter was written.

I've since found out I'm not supposed to do that and I have totally refrained since then, asked people not to contact anybody.
Q. You have actually gone back to make a correction on your letter --
A. I didn't write another letter, but I would tell them when I saw them.
Q. Have you been sanctioned or found in contempt by a court?
A. No.
Q. Other than the letter we've talked about, have you sought a pledge either directly or indirectly of a legislator's vote for you in this race?
A. No.
Q. Even as a condition --
A. No, I have not.
Q. A conditional vote, conditional before passing screening?
MR. ELLIOTT: That's all I have, Mr. Chairman.
THE CHAIRMAN: Questions from the Committee Members?
MS. FENDER: Thank you.

(Off the record)
SENATOR MCCONNELL: We will go to the next applicant, who will be Mr. William E. Myrick, Jr., Judge of the Family Court, Fourteenth Judicial Circuit. Mr. Myrick, if you'd come around, please, sir.

Printed Page 5325 . . . . . Thursday, April 28, 1994
WILLIAM E. MYRICK, JR., having been duly sworn, testified as follows:
SENATOR MCCONNELL: I note this is your first screening; is that correct, sir?
MR. MYRICK: Yes, sir. I was supposed to be screened yesterday, but for some reason they couldn't get a screening committee together, and so they told me they'd have to let me know another time.
SENATOR MCCONNELL: It was a busy place yesterday.
MR. MYRICK: Yes, sir.
SENATOR MCCONNELL: Have you had a chance to review the Personal Data Questionnaire Summary?
MR. MYRICK: Yes, sir, I have.
SENATOR MCCONNELL: Is it correct or does it need any clarification?
MR. MYRICK: None that I know of. I've practiced law for 35 years and some of these things -- one may deviate a year or two, but basically it's correct.
SENATOR MCCONNELL: All right, sir. Then you have no objection to us making that Summary a part of the record of your sworn testimony?
MR. MYRICK: None whatsoever.
SENATOR MCCONNELL: It will be put in the transcript at this point.

PERSONAL DATA QUESTIONNAIRE SUMMARY

1. William E. Myrick, Jr.
Home Address: Business Address:
P. O. Box 555 297 Memorial Avenue
Allendale, SC 29810 Allendale, SC 29810

2. He was born in Allendale County, South Carolina on July 13, 1933. He is presently 60 years old.

4. He has previously been divorced: (1) Kathleen D. Myrick (moving party), adultery, non-contested, Family Court, 1978; (2) W. E. Myrick, Jr. (moving party), no fault, Family Court, 1990. He has four children:William E., III, age 37 (Bard Urological Lab., sales representative); Jane Ashley M. McMillan, age 34 (attorney - Dallas, Texas); James Dunbar, age 32 (attorney - Charleston, South Carolina); and John Morrison, age 28 (legal assistant - Columbia, South Carolina).

Printed Page 5326 . . . . . Thursday, April 28, 1994
5. Military Service: 1958-1961; Captain, Judge Advocate, General's Department A03060745; United States Air Force; Honorable Discharge; resigned commission in 1968 to accept gubernatorial appointment to State Board of Draft Appeals

6. He attended Clemson A & M University, 1951-1955, B.S. Degree, and the University of South Carolina School of Law, 1955-1958, Juris Doctor Degree.

8. Legal/Judicial education during the past five years:
All CLE requirements met - graduate National College of Advocacy; Cambridge, Massachusetts; 1974 and 1975; Association of Trial Lawyers of America

9. Taught or Lectured:
He taught Commercial Law at USC-Salkehatchie, 1968-1969

12. Legal experience since graduation from law school:
1958-1961 Three years of military law as a Judge Advocate
1961-Present Thirty-five years of general practice as a trial lawyer in federal and state courts. Domestic cases, civil and criminal law, no change in character, but evolvement into more complex practice, i.e., Family Court, domestic practice and pro bono program

13. Rating in Martindale-Hubbell:BV. At one time he had an AV rating, but a disgruntled former law partner requested reduction for no apparent valid reason. He never knew why.

14. Frequency of appearances in court:
Federal - 1
State - 50 plus
Other -

15. Percentage of litigation:
Civil - 20%
Criminal - 30%
Domestic - 50%

Printed Page 5327 . . . . . Thursday, April 28, 1994
16. Percentage of cases in trial courts:
Jury - 20%
Non-Jury - 80%
Co-Counsel

17. Five (5) of the most significant litigated matters in either trial or appellate court:
(a) State v. Eric Robinson (murder, capitol case); received life sentence instead of death penalty. Attorney appointed by Court, Jasper County.
(b) State v. Edward Lester Rheim (murder, capitol case); received life sentence instead of death penalty. Attorney appointed by Court, Allendale County.
(c) State v. Blanton O'Neal (murder, capitol case); attorney retained, chief counsel, defendant's case dropped by state. Allendale County.
(d) Patricia Annette Williams v. Rodney L. Williams (divorce); represented Defendant; proved by DNA testing that the Defendant was not the father of two out of three children. Retained by Defendant; Hampton County, Family Court.
(e) Workman's Compensation - Jimmy Morris v. SCDHPT. Injured on job, two separate incidents. Settled for $87,000. Allendale County.

18. Five (5) civil appeals:
None

20. Judicial Office:
Municipal Judge; Town of Allendale; November, 1992 to present. Town Limits of Allendale, South Carolina, appointed by Town Council.

21. Five (5) Significant Orders or Opinions:
No opinions or orders of magnitude

22. Public Office:
Town Attorney; Town of Allendale, South Carolina; July, 1991 - November, 1992
Municipal Judge; Town of Allendale, South Carolina; November, 1992 - present

Printed Page 5328 . . . . . Thursday, April 28, 1994
Public Service Commission - appointed by Governor West to serve unexpired term of William "Chick" Amick - 1972
State Commission on Draft Appeals - appointed
South Carolina Commission on Human Affairs, appointed, seven years of service (1970-1977)

32. Sued: Only in a divorce action

44. Bar Associations and Professional Organizations:
South Carolina Bar Association

45. Civic, charitable, educational, social and fraternal organizations:
Previously listed - Also: Chairman of the Western Carolina Higher Education Commission (served for the past 27 years); recipient of Distinguished Service Award from USC Educational Foundation (April 18, 1991); President of Allendale County Bar Association

46. By virtue of having practiced law since 1958, 36 years, without one grievance or complaint, he feels that he is qualified to serve his state by applying the experience gained through the years to the administration of justice. His practice has been general and has run the gamut of just about any occasion that could arise. If elected, he intends to pursue a firm course to stop the teenage violence which is tearing our country apart. Juveniles must be treated as adults where violent crime is involved.

47. Five (5) letters of recommendation:
(a) Walker R. Harter, President
Allendale County Bank
P. O. Box 248, Fairfax, South Carolina 29827-0248
632-3521
(b) G. H. Kearse, Esquire
P. O. Box 521, Allendale, SC 29810
584-2934
(c) Hayward L. Simmons, Jr.
The Cedar Knoll Club
Route 1, Box 166-W, Allendale, SC 29810
584-4785

Printed Page 5329 . . . . . Thursday, April 28, 1994
(d) Honorable Mary Jean Carlson
Clerk of Court of Allendale County
P. O. Box 126, Allendale, SC 29810
584-2737
(e) Henry Spann Laffitte, President
Carolina Commercial Bank
P. O. Box 38, Allendale, SC 29810
584-2191

PERSONAL DATA QUESTIONNAIRE - ADDENDUM

2. Positions on the Bench:
Municipal Judge - Town of Allendale; Allendale County, South Carolina; November, 1992 - present

10. Extra-Judicial Community Involvement:
He has not been a Municipal Judge long enough to have extensive extra- judicial community involvement.

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

The records of the applicable law enforcement agencies:Allendale County Sheriff's Office are negative; the Allendale City Police Department, negative; SLED and FBI records are negative. Judgement Rolls of Allendale County are negative. Federal Court records are negative. No complaints or statements were received and no witnesses are present to testify.

Mr. Myrick, I'm going to turn you over to Ms. McNamee for some questions, please, sir.
MR. MYRICK - EXAMINATION BY MS. MCNAMEE:
Q. Good morning, Mr. Myrick.
A. Good morning.
Q. Just one question to clarify. When you said there was no screening available for you yesterday, are you talking about the Bar?
A. Yes, ma'am.
Q. I see.
A. I went down there yesterday and she said that she could not find her investigator and she apologized and said they'd have to do it another time.
Q. I see. Another matter for clarification, Mr. Myrick. Have you spent any money on your campaign for a judgeship to this point?

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