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

Page Finder Index
| Printed Page 6730, May 17 | Printed Page 6750, May 17 |
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June, 1968 - November, 1968 Preparation of course materials for proposed South Carolina Bar Review Course
November, 1968 - March, 1973 Active Duty, United States Army. Legal experience included Chief of Military Justice and Trial Counsel
March, 1973 - February, 1975 Assistant Public Defender for Richland County, South Carolina
Duties entailed preparation for and trial of indigent persons accused of criminal offenses. Cases ranged from murder charges through Magistrate and Municipal Court offenses.
February, 1975 - February, 1976 Private Practice and Independent Contractor with Richland County Public Defender Agency. Private Practice duties entailed preparation and trial of federal and state civil matters. Independent Contractor duties continued Public Defense duties.
February, 1976 - March, 1977 Chief Deputy Public Defender, Richland County, South Carolina
Duties included supervision of personnel, in addition to the preparation and trial of major criminal charges such as murder, armed robbery, etc.
March, 1977 - January, 1981 Private practitioner in general civil and criminal practice with the firm of Harrison and Pleicones, Columbia, South Carolina. Additionally served as Assistant County Attorney for Richland County (August,
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1977 - December, 1978) and as County Attorney for Richland County (January, 1979 - January, 1981). Duties included representing Richland County in litigation matters, advising County Council and supervising staff of 12.
January, 1981 - June, 1991 Sole Practitioner (January, 1981 - October, 1984)
Partner in Lewis, Babcock, Pleicones & Hawkins (formerly Lewis, Babcock, Gregory & Pleicones) of Columbia, South Carolina (October, 1984 - June, 1991). The firm grew in that time from 4 to 13 lawyers and engaged in major civil litigation (both plaintiff and defense litigation). Served as member of three-person executive committee of the firm. Other responsibilities included legislative monitoring and liaison work with the South Carolina General Assembly for two large trade associations. Additional duties as Municipal Judge for the City of Columbia from September, 1982 through March, 1988.
July, 1991 - Present Resident Circuit Court Judge for the Fifth Judicial Circuit of South Carolina. Designated as Chief Administrative Judge for the Fifth Circuit Court of General Sessions, effective January 6, 1992 through January 3, 1993. On seven
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occasions, served by order of the Chief Justice as an Acting Associate Justice of the Supreme Court of South Carolina.

13. Rating in Martindale-Hubbell:His last rating was "AV," and had been at that level for a number of years.

14. Frequency of appearances in court:
Federal - 5 times per year on average
State - 85 times per year on average
Other - Administrative tribunal 10 times per year on average
1986-1991 (became a Judge in 1991) - includes motions, trials, conferences

15. Percentage of litigation:
Civil - 70%
Criminal - 10%
Domestic - 20%
1986-1991

16. Percentage of cases in trial courts:
Jury - 5%+
Non-Jury - 10%+
1986-1991 - He has included only matters in trial court that actually went to a fact finder for resolution.
Sole and/or Chief most often

17. Five (5) of the most significant litigated matters in either trial or appellate court:
(a) Southern Bell v. Steven W. Hamm, 306 SC 70, 409 S.E.2d 775 (1991); 60 USLW 2294, 126 P.U.R.4th 535, 9 ALR 5th 1131. He believes this case was the first in the United States to judicially approve "Caller ID" telephone service. Important constitutional questions were implicated, e.g., right to privacy. He argued the case in the trial court where it was won and co-authored the brief to the South Carolina Supreme Court. Actually, he was the principal author of the brief to the Supreme Court but did not argue the case there, as he was

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pending swearing-in to the Circuit Court. The Supreme Court affirmed.
(b) Funderburk v. Funderburk, 281 SC 246, 315 S.E.2d 126 (Ct. App. 1984); on cert to South Carolina Supreme Court 286 SC 129, 332 S.E.2d 205 (1985). The Supreme Court reversed the trial court and the Court of Appeals in ruling that jurisdiction of a contractual agreement's voluntary nature was properly before the Family Court and not the Circuit Court. He did not handle the trial, where his client did not prevail, but did handle the appellate stage, with co-counsel. Their client prevailed, and the decision was helpful to the bench and bar in clarifying jurisdictional matters.
(c) Barnwell v. Barber-Colman Co., 301 SC 534, 393 S.E.2d 162 (1989). The Supreme Court held that punitive damages are not recoverable in a cause of action based solely upon the theory of strict liability. This question was certified to the court by the United States District Court. He was involved only at the state court as the author and proponent of a brief filed on behalf of his client, a trade association of property and casualty writers.
(d) Russo v. Sutton, ___ SC ___, 422 S.E.2d 750 (1992). In December of 1990, he tried this case in Common Pleas Court in Richland County and secured a large jury verdict for the plaintiff. The case is significant because on appeal the defendant's argument as to the non- viability of the cause of action (alienation of affections) was accepted by the Supreme Court, which prospectively did away with the cause of action. Happily, however, his client kept his verdict.
(e) State v. Motes, 264 SC 317, 215 S.E.2d 190 (1975). He represented Mr. Motes at trial and on appeal. He was convicted of murder largely upon the testimony of his estranged wife, who was allowed to testify over their objection. The case is significant because in interpreting their statute on first impression, the Supreme Court (and of course the trial judge) ruled that the privilege belonged to the testifying spouse, not the one testified against.

18. Five (5) civil appeals:
(a) Funderburk v. Funderburk, 281 SC 246, 315 S.E.2d 126, (Ct. App. 1984); quashed by South Carolina Supreme Court after grant of certiorari, 286 SC 129, 332 S.E.2d 205 (1985).

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(b) Hamm v. Southern Bell, 305 SC 1, 406 S.E.2d 157 (1991). NOTE: This is not the case referred to in 17(a) above.
(c) Peoples Federal Savings and Loan Association v. Myrtle Beach Retirement Group, Inc., et al., 300 SC 277, 387 S.E.2d 672 (1989).
(d) Dale v. South Carolina Tax Commission, et al., 276 SC 110, 276 S.E.2d 293 (1981). He appeared on behalf of Richland County, another party to the suit.
(e) Truett v. Georgeson, ___ SC ___, 258 S.E.2d 499 (1979).
He was the principal counsel in each case.

19. Five (5) criminal appeals:
(a) State v. Monroe, 262 SC 346, 204 S.E.2d 433 (1974).
(b) State v. Thomas, 264 SC 159, 213 S.E.2d 452 (1975).
(c) State v. Motes, 264 SC 317, 215 S.E.2d 190 (1975).
(d) State v. Sweet, 270 SC 97, 240 S.E.2d 648 (1978).
(e) State v. Watson, 81-MO-232, SC Supreme Ct. (1981); cert denied 454 US 1148, 71 L.Ed.2d 301 (1982).
He was chief or sole counsel in each of these cases.

20. Judicial Office:
(a) July, 1991 - present. Circuit Court Judge, Fifth Judicial Circuit of South Carolina. Elected by the General Assembly of South Carolina. General civil and criminal jurisdiction.
(b) September, 1982 - March, 1988. Municipal Judge (part-time), City of Columbia, South Carolina. Criminal jurisdiction only. Limit of 30 days or $200.
(c) On seven occasions, the first being February 2, 1992, he has served as an Acting Associate Justice of the South Carolina Supreme Court.

21. Five (5) Significant Orders or Opinions:
(a) State v. Jackson was a spouse sexual battery criminal jury trial over which he presided this month. Given the notoriety of the trial and the depth of feeling over the so-called "marital rape" statute, he was determined to do everything possible to assure a fair and impartial jury to both sides. Although the process was tedious and time consuming, he individually questioned 32 potential jurors. This process revealed ingrained biases and attitudes which would, in his opinion, not ordinarily have been discovered. He believes a fair jury

Printed Page 6745 . . . . . Tuesday, May 17, 1994
was obtained through this process. Since many of the questions posed were personal, the examination was conducted only in the presence of one lawyer for each side and the court reporter. He ordered these private sessions sealed, lest the admissions of having been abused intrude upon jurors' privacy. The jury obtained, at least according to the newspapers, originally was heavily in favor of acquittal, and only voted to convict after lengthy deliberations. He is convinced that the selection process resulted in a serious, deliberative jury, which was fair and impartial.
(b) In Myers, et al. v. Patterson, et al., 92-CP-40-3479, the plaintiff sought to enjoin the transfer of $25,000,000 from the SHIM's account to the General Fund to pay for Hugo damage. He declined to enjoin the transfer because of a failure to show irreparable harm would flow and because of the unlikelihood of prevailing on the merits. The case was later heard in the original jurisdiction of the Supreme Court, which ruled for the defendants.
(c) Brown, et al. v. The Continental Insurance Company, 91-CP-28- 489. Supreme Court of South Carolina affirmed his Order at Opinion #23899, July 12, 1993.
(d) Ben Davis, et al. v. County of Greenville, et al., 90-CP-23-4809. In this case he ruled that certain taxes imposed by the county upon city residents were lawfully collected under the existing statutory and constitutional law of our state. The county has appealed, and the appeal was heard in the Supreme Court during the week of January 31, 1994. Whichever way the decision goes, it will be quite significant to local government.
(e) City of Columbia v. William Stewart, 90-CP-40-2163.

23. Employment As a Judge Other Than Elected Judicial Office:
Officer (Colonel), United States Army Reserve, 1973-present. Since August, 1993, he has served as Emergency Preparedness Liaison Officer from the 2nd United States Army to the S. C. National Guard and militia in South Carolina. Prior to that he was Commander of the 12th Military Law Center. The commander of the 2nd Army and of the 120th ARCOM are or were his supervisors. All duties are military in nature.

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24. Unsuccessful Candidate:
1982 primary campaign for Richland County Council

25. Occupation, business or profession other than the practice of law:
None, other than military service, since graduation from college

26. Officer or Director: He is a member of a partnership (QUINCUNX) which owns an office building at 1513 Hampton Street, Columbia, South Carolina.

28. Financial Arrangements or Business Relationships (Conflict of Interest):
Through 1993, he received payments from his former law firm for services performed on cases prior to his leaving. He has reported these payments. He still owns a share in the partnership which owns his former law firm's office building. The other partners are present or former members of the firm. Since he was unable to divest without serious economic consequences, he has recused and will continue to recuse himself from all cases involving these lawyers: A. Camden Lewis, Keith M. Babcock, Daryl G. Hawkins, Mary G. Lewis, Cameron B. Littlejohn and Frederick M. Zeigler.

32. Sued:
Only as a member of the firm. They obtained a judgment against an individual whose mortgage was subsequently foreclosed. As judgment creditors, they were thus necessary parties to the foreclosure. As he recalls, the case was dismissed before hearing.

35. Lobbyist or Lobbyist Principal:
1984-1991. Alliance of American Insurers. A trade association of property and casualty writers. The association was based in Schaumburg, Illinois, but he was supervised by James Purcell, the regional manager in Atlanta.
1981-1990. South Carolina Association of Convenience Stores. A trade association of convenience store owners and suppliers. Supervised by Carol Davis, Columbia, South Carolina, Executive Director.

39. Expenditures Relating to Candidacy:
11/23/93 Purchase of paper and printing of biographical summary; $69.68

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11/29/93 Postage for initial mailing to members of General Assembly; $49.30
12/2/93 Payment to typists for typing letter and addressing envelopes; $80.00
1/12/94-date Postage for letters to members; $10.15
TOTAL: $209.13

44. Bar Associations and Professional Organizations:
South Carolina Bar (at one time he was a member of the House of Delegates); Richland County Bar; S. C. Woman Lawyers Association; S. C. Circuit Judge's Association

45. Civic, charitable, educational, social and fraternal organizations:
Charter Member (Master of the Bench), John Belton O'Neall Chapter, American Inns of Court; Board of Commissioners, Columbia Housing Authority; Board Member, Richland County DSS; Board Chairperson, Richland County Public Defender Agency; United Way Palmetto Society; Order of AHEPA; Wildewood County Club

46. On seven occasions he has served as an Acting Associate Justice of the Supreme Court.

He is quite gratified by the ratings which he received from members of the bar in the recent anonymous survey. He has not attempted to compare these ratings to those of other judges. He will continue to strive to make these ratings even better.

He has experienced an enormously broad range of trial and appellate practice in the not too distant past. He understands how hard it is to be a lawyer in these hectic times and believes that he has an excellent handle on both the theoretical and the practical aspects of the law.

47. Five (5) letters of recommendation:
(a) James E. Smith, Senior Banking Executive
NationsBank
P. O. Box 727, Columbia, SC 29222
343-7650

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(b) Richard A. Jones, Jr., Esquire
Dobson, Jones & Layman
P. O. Box 1923, Greenville, SC 29602
271-8171
(c) William N. Epps, Jr., Esquire
Epps, Krause, Nicholson & Stathakis
P. O. Box 2167, Anderson, SC 29622
224-2111
(d) Luther J. Battiste, III, Esquire
Johnson, Toal & Battiste, P.A.
P. O. Box 1431, Columbia, SC 29202
252-9700
(e) Keith M. Babcock, Esquire
Lewis, Babcock & Hawkins
P. O. Box 11208, Columbia, SC 29211
771-8000

PERSONAL DATA QUESTIONNAIRE - ADDENDUM

2. Positions on the Bench:
July, 1991 - present Resident Circuit Judge, Fifth Judicial Circuit
September, 1982 - March, 1988 Municipal Court Judge, City of Columbia
Beginning February, 1992 On seven occasions he has served as an Acting Associate Justice of the Supreme Court, most recently on February 3, 1994.

10. Extra-Judicial Community Involvement:
None. Not at all.

We have no -- the Board of Commissioners on Grievances and Discipline reports no formal complaints or charges. The Judicial Standards has no records of reprimands. The records of the applicable law enforcement agencies:Richland County Sheriff's, Columbia City Police, SLED and FBI are negative. The Judgement Rolls of Richland County are negative. Federal court records show no judgements or criminal actions involving you.

There was one civil action in which you were a plaintiff that I believe you discussed last time. It was filed in -- by you and others against the

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US Department of Treasury. That case was closed by Consent Order in August of '89. No complaints or statements have been received. No witnesses present to testify against you. You do have a right to make an opening statement or we'll incorporate one in the record if you so choose.
JUDGE PLEICONES: Which I'll waive.
THE CHAIRMAN: Thank you very much. I'll you turn you over now.
JUDGE PLEICONES - EXAMINATION BY MR. ELLIOTT:
Q. Since we're incorporating your testimony from the last hearing, I just have a couple of questions.
A. Sure.
Q. First of all, since your last screening a couple of weeks ago, have there been any changes in your status or anything of that nature that the committee might need to know about?
A. No.
Q. Have you sought the pledge of a legislator prior to this screening for the position that you're being screened for today?
A. No.
Q. Have you asked or otherwise authorized any person to make -- solicit pledges on your behalf?
A. No.
Q. Do you have any -- do you know of any solicitations on your behalf?
A. Like Judge Bell, in all candor, a lawyer called me from Charleston a couple of weeks ago and said that a legislator had inquired into the qualifications of all of the candidates for the Supreme Court. The legislator -- this person, which was not at my request, it was gratuitous, said that he had talked to that legislator and, obviously, he said that I was the best qualified or otherwise he wouldn't be calling me. I mean, you know, but --
Q. Or he called everybody?
A. He might have called everybody and given the same information, but, again, I am aware that I have friends and I'm sure that friends of mine have talked to legislators at their request about my qualifications, but I have not requested anybody to talk to members of the General Assembly on my behalf.
Q. Thank you. You list your campaign expenditures with this committee as being in excess of $100, but I don't think -- our records don't show that you filed with the Senate and House Ethics Committee and that's required. If you would just attend to that.
A. I'll do that.
MR. ELLIOTT: That's all the questions I have, Mr. Chairman.

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