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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 --
THE CHAIRMAN: Questions from the Members?
EXAMINATION BY REPRESENTATIVE ALEXANDER:
Q. I'll have to ask him about his early days at Clemson. Did you and John Lane's paths ever cross?
A. Clemson was, of course, during my very formative years and I had a good time there and I still have a good time there whenever I get back up there a couple times a year. That's right.
THE CHAIRMAN: Let me -- using your analogy about sight, let me test your peripheral vision. Looking around you at the Circuit Court bench and the -- you mentioned the headaches of Richland County. What are some things that you -- as an Associate Justice of the Supreme Court in

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 to strain, but it'd be much easier to punch a button, Fraud, nine elements right there, and then you can just discuss it. The same thing with jury charges. All -- they just need to -- a little simplified.
THE CHAIRMAN: Other questions? Thank you, Judge Kinard.
A. Okay.

END OF PRIOR TESTIMONY OF JUDGE KINARD.

(A lunch break was taken)

REPRESENTATIVE ALEXANDER: According to my watch, it's five minutes after 2:00 and we agreed to come back here at 2:00 o'clock today and let me check with staff to make sure that we have sufficient proxies to officially open the meeting. Do we?
MR. ELLIOTT: Yes, sir.

1. Charles Bedford Simmons, Jr.
Home Address: Business Address:
11 West Hillcrest Drive Suite 208, County Courthouse
Greenville, SC 29609 Greenville, SC 29601

2. He was born in Greenville, South Carolina on December 4, 1956. He is presently 37 years old.

4. He was married on April 26, 1986, to Claudia Elizabeth Spencer. He has two children: Charles B., III, age 5, and Elizabeth Spencer, age 3.

5. Military Service: None

6. He attended Spartanburg Methodist College, 1975-1977, Associate of Arts in Criminal Justice, magna cum laude; East Tennessee State University, 1977-1979, Bachelor of Science in Political Science and Criminal Justice, magna cum laude; and the University of South Carolina School of Law, 1979-1982, Juris Doctorate.

9. Courses taught or lectures given:
He has lectured at CLE programs for the Greenville Bar, spoken at the S. C. Bar's "Law School for Non-Lawyers," and will be speaking at the Law School's "Bridge the Gap" program for new lawyers this summer. He has also lectured law school classes at USC and has appeared on television as a panelist to discuss different legal topics. He also teaches part-time in the paralegal program at Greenville Technical College.

12. Legal experience since graduation from law school:
He served as law clerk to the Honorable C. Victor Pyle, Jr., from 1982-1983. He then joined and became a partner in Carter, Smith Law Firm from 1983 through 1985. His practice was general litigation, primarily civil. From 1986 to 1989, he was a partner in Wilkins, Nelson, Kittredge and Simmons. He continued practicing general litigation, while also doing significant amounts of domestic law. In 1989, he became Master in Equity for Greenville County, where he has served up to the present time.

13. Rating in Martindale-Hubbell:While he was in private practice for over six years, he never had the opportunity to be rated.

14. Frequency of appearances in court:
Federal -
State - 100%
Other -

15. Percentage of litigation:
Civil - 55%
Criminal - 5%
Domestic - 40%
(while in private practice)

17. Five (5) of the most significant litigated matters in either trial or appellate court:
(a) Owens v. Ruth Construction Co. This was an unusually complicated Worker's Compensation claim involving a closed head injury received by his client, Bobby Owens. There were significant medical and psychological issues. The case was tried in front of a single Commissioner, the employer then appealed to the full Commission, and later to the Circuit Court. On appeal to the Supreme Court, the case was settled for approximately $150,000.00.
(b) Momani v. Van Surdam, 296 S.C. 409, 373 S.E.2d 691 (App. 1988). The significant nature of this case is that it clarified the exact standards required under Rule 60, of what was, at that time, the new South Carolina Rules of Civil Procedure. The trial court ruled that his client, Mr. Momani, could not file an independent action to attack a prior judgment. On appeal, the trial court was reversed, and his client's action allowed to proceed.
(c) Malone v. Malone, 88-DR-23-32. This was a very complicated and bitterly contested divorce and custody action. It involved extensive economic evaluations and significant amounts of psychological testimony concerning the best interests of the minor children. After two full days of trial, the Family Court Judge rendered what they considered a very favorable decision which was significantly more than the pre-trial settlement proposal.
(d) Bolden v. Dan River, Inc., 88-CP-23-1513. This was a complicated and novel issue concerning post traumatic stress disorder. It required literally hundreds of hours of work on behalf of his client, Jimmie Bolden. After the Circuit Court affirmed the Worker's Compensation Commission's decision finding coverage, the case was settled on appeal in excess of $100,000.00.

18. Five (5) civil appeals:
(a) Arvai v. Shaw, 286 S.C. 357, 334 S.E.2d 297 (App. 1985).
(b) Momani v. Van Surdam, 296 S.C. 409, 373 S.E.2d 691 (App. 1988).
(c) White v. Snell, 299 S.C. 406, 385 S.E.2d 211 (App. 1989). He handled the case at trial level and through preparation of Appellate Briefs. He became the Master in Equity prior to the case being argued on appeal.

19. Five (5) criminal appeals:
In that his private law practice was primarily civil, he did not handle any criminal appeals. He has experience in criminal law through being a research assistant while in law school to Professor William S. McAninch when he wrote a book entitled, The Criminal Law of South Carolina. He also served as law clerk to the Honorable C. Victor Pyle, Jr., Circuit Court Judge, where a large percentage of cases were criminal. He has been appointed by the S. C. Supreme Court to hear terms of Post Conviction Relief Hearings, where the substantive criminal law must be reviewed and applied.

20. Judicial Office:
Master in Equity, 1989 - present, appointed position
Special Circuit Court Judge in upstate counties, 1990 - present, appointed pursuant to Order of the Chief Justice of the South Carolina Supreme Court

21. Five (5) of the most significant orders or opinions:
(a) First Baptist Church of Mauldin v. City of Mauldin, ___ S.C. ___, 417 S.E.2d 592 (1992). This case involved interpretation of the road closure statute found at
Section 57-9-10. This was a novel and hotly litigated question that took over two full days of trial. The decision to close the road was ultimately affirmed by the Supreme Court.

23. Employment As a Judge Other Than Elected Judicial Office:
Part-time instructor in the paralegal program at Greenville Technical College. He has been teaching at Tech in excess of seven years. He has taught classes in domestic relations, wills and probate, and the South Carolina Legal System. Pursuant to agreement of attorneys, he occasionally hears cases from different circuits as a Special Referee. With these cases, he hears all the evidence and makes decisions.

28. He is not aware of any arrangements or relationships which could result in a conflict of interest. If any conflict should arise, he would

39. Expenditures Relating to Candidacy:
Letters and postage stamps - approximately $100
Long distance telephone calls - approximately $50

44. Bar Associations and Professional Organizations:
South Carolina Bar Association; Greenville County Bar Association; Greenville Bar Association's Young Lawyer Division (President, 1988)

45. Civic, charitable, religious, educational, social and fraternal organizations:
First Presbyterian Church, Greenville, SC (Elder, Senior High Advisor, Sunday School teacher); Master in Equity representative to S. C. Supreme Court Bench-Bar Committee; Greenville Zoo Advisory Board; Advisory Board, Big Brothers/Big Sisters (Chairman, 1987-1989); Board of Directors Pendleton Place Home for Abused Children; Kindergarten Board, First Presbyterian Church (Chairman, 1993); Leadership Greenville (Class Speaker); S. C. Equity Court Council (Vice-President, 1992-1993); Advisory Committee, Paralegal Program, Greenville Tech (Chairman, 1992); Greenville Jaycees "Outstanding Young Distinguished Service Award" (1991); S. C. Bar Association's "Outstanding Young Lawyer of the Year" (1989); Wade Hampton Sertoma Club "Outstanding Service to Mankind Award" (1989); Big Brother of the Year, Southeastern United States (1988); Who's Who in American Law

46. He feels very qualified for a seat on the Supreme Court. He was in private law practice for six years and tried hundreds of cases. He also has extensive judicial experience since being Master in Equity and being appointed Special Circuit Court Judge since 1989. When he started on the Bench, he committed to be the best judge he could be in all respects; from legal, to civic, to spiritual. He understands the awesome responsibility of the position he seeks and stands willing and ready to accept it.

2. Positions on the Bench:
Master-in-Equity for Greenville County, 1989-present
Special Circuit Court Judge pursuant to Supreme Court designation, 1990- present

10. Extra-Judicial Community Involvement:
(See answer to Question #45 on Personal Data Questionnaire)
He believes it is very important for judges to contribute to the well being of the community. Unfortunately, it seems that they become more and more isolated based upon their job. He has always been, and plans to be, active with community organizations. He simply feels it is his responsibility.

The Board of Commissioners on Grievances and Discipline reports that no formal complaints have ever been filed against you. Judicial Standards

There was no civil action in which -- Charles B. Simmons was the Plaintiff. This case was a breach -- there is one civil action in which Charles B. Simmons was the plaintiff. This case was a breach of distributor agreement which was ordered dismissed without prejudice in 1988 with leave to file the action in state court.

No complaints or statements were received. No witnesses are present to testify. I'll ask you to -- would you answer questions from our counsel, Steve.
JUDGE SIMMONS: And I did want to take my opportunity to have my brief opening statement.
REPRESENTATIVE ALEXANDER: You certainly may. Yes, sir. Proceed.
JUDGE SIMMONS: For you and the proxy members.
REPRESENTATIVE ALEXANDER: All right, we'll relay it to them.
JUDGE SIMMONS: I'm sure you will. I'm sure you will.

I would suggest, in that this committee must examine each of the candidates, that there are two questions that I need to answer for this committee. First, do I, as well as the other candidates, have the necessary judicial experience? Secondly, should age be an issue?

As relates to the age issue, it's an interesting fact to note that there are almost 8,000 lawyers that belong to the State Bar Association of South Carolina and the average age of these lawyers in the last count was between 35 and 40.

So why is that important in this race? It's important because the very essence, purpose and the need of our Supreme Court is to bring diversity to our judiciary. Were this not the case, there would be no need to have five members on the court. This legislature can simply elect one person they felt can be fair and qualified. But through diversity you bring divergence and a difference of opinion, diversity of experience and diversity of life that is critical to a responsive court in a growing and progressive state.

Much like this legislative body must have diversity to effectively represent our citizens, so must our Supreme Court. And I'm in the fortunate position of having almost six years experience on the bench

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