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 6810, May 17 | Printed Page 6830, May 17 |
Printed Page 6820 . . . . . Tuesday, May 17, 1994
REPRESENTATIVE ALEXANDER: Yes, sir?
REPRESENTATIVE BEATTY: No.
REPRESENTATIVE ALEXANDER: Anyone else? Thank you so much.
A. Thank you.
REPRESENTATIVE ALEXANDER: Our next candidate is Richard W. Chewning, III.
RICHARD W. CHEWNING, III, having been duly sworn, testified as follows:
REPRESENTATIVE ALEXANDER: Have you had a chance to review the Personal Data Questionnaire Summary?
MR. CHEWNING: Yes, I have, sir.
REPRESENTATIVE ALEXANDER: Is it correct? Does anything need clarification?
MR. CHEWNING: No, sir. It is correct.
REPRESENTATIVE ALEXANDER: Is there any objection to making the Summary a part of the record of your sworn testimony?
MR. CHEWNING: No, sir, there is not.
REPRESENTATIVE ALEXANDER: It shall be done at this point.

PERSONAL DATA QUESTIONNAIRE SUMMARY

1. Richard W. Chewning, III
Home Address: Business Address:
365 Walter Rawl Road 1708 Augusta Road
Lexington, SC 29072 West Columbia, SC 29169

2. He was born in Columbia, South Carolina on February 12, 1942. He is presently 52 years old.

4. He was married to Ruth "Dee Dee" Davis on September 8, 1962. He has two children: Andrea C. Hite, age 30 (school teacher), and Richard W., IV, age 28 (S. C. Department of Probation, Pardon and Parole).

5. Military Service: None

6. He attended Newberry College, 1960-1964, BS in Business Administration; and the University of South Carolina School of Law, 1969-1972, Juris Doctor.

Printed Page 6821 . . . . . Tuesday, May 17, 1994
8. Legal/Judicial education during the past five years:
1993 Divorce Mediation Training for Professionals; SCCMDR; Columbia, South Carolina; June 4, 5, 6, 7 and 8, 1993 - 33.25 hours
Searches Under South Carolina Law; SCCJA; Columbia, South Carolina; June 23, 1993 - 6.00 hours
From the Judge's Perspective: DUI; SCCJA; Beaufort, South Carolina; November 17, 1993 - 6.00 hours
1992 Ethical Consideration Relating to Judicial Conduct and the Court; CJA; Columbia, South Carolina; April 24, 1992 - 2.00 hours
Traffic Law and Procedure; CJA; Columbia, South Carolina; June 17, 1992 - 6.00 hours
Traffic Court Seminar; ABB; Atlanta, Georgia; October 14, 1992 through October 16, 1992 - 12.00 hours
1991 Elements of Common Criminal Offenses; CJA; Columbia, South Carolina; March 20, 1991 - 6.00 hours
Judicial Ethics and Appeals Court Automation; SCCA; Columbia, South Carolina - 3.00 hours
Evidence; CJA; Columbia, South Carolina; November 20, 1991 - 6.00 hours
1990 Adoptions; SCBA; Columbia, South Carolina; April 6, 1990 - 5.00 hours
Domestic Relations; SCBA; Myrtle Beach, South Carolina; June 8, 1990 - 3.00 hours
Liability Training/Traffic Laws; SCCJA; Columbia, South Carolina; August 31, 1990 - 6.00 hours
Criminal Domestic Violence and Orders; SCCJA; Columbia, South Carolina; November 28, 1990 - 3.00 hours
1989 Judicial Writing; SCCJA; Columbia, South Carolina; September 1, 1989 - 6.00 hours
Jury Selection and Trial Procedures; SCCJA; Columbia, South Carolina; September 13, 1989 - 6.00 hours

12. Legal experience since graduation from law school:
Having clerked for a law firm in Columbia, South Carolina while he was attending law school and upon graduation being offered a job, he remained there for approximately nine months (Kennedy and Price). During this almost three-year period of time, he became well trained in real estate work including abstracting titles, setting up subdivisions

Printed Page 6822 . . . . . Tuesday, May 17, 1994
for developer, closing loans and etc. He also handled collections, (set up a firm procedure and oversaw it with secretarial help), foreclosures, wills, estates, help investigate and set up files regarding bodily injury, assisted in some defense work and adoptions. His first exposure to the practice of law was basically a general one.
In 1973, he opened his own practice of law in West Columbia, South Carolina (his home) and began a general practice of law primarily in Richland and Lexington Counties. It was definitely a general practice which involved criminal, wills, estates, real estate, civil cases (primarily accident claims), defense of individuals being sued, family court (divorces, adoptions and serving as guardian ad litem), bankruptcy, foreclosures, workmen compensation and work in magistrate court and city traffic court.
In 1977, Nikki G. Setzler, E. Danny Scott and he joined their three solo practices into the firm of Setzler, Chewning and Scott, P.A. They have grown from three attorneys and two secretaries to six attorneys, six secretaries, full-time bookkeeper, law clerk and abstractor.
During the 70's, because Lexington County did not have a standing Master- in-Equity and this type work was steadily increasing, many attorneys agreed for him to serve as Special Referee. This particular area grew and for many years approximately 50% of his annual income came from serving as Special Referee. This primarily dealt with foreclosures but included many other actions such as property line disputes, complex corporate and business disputes.
1986 referred over 95 cases
1987 referred over 115 cases
1988 referred over 130 cases
1989 referred over 100 cases
These were the latest records he could find regarding cases referred to him as Special Referee immediately prior to Lexington County providing a full- time Master-in-Equity in July, 1989.
Through the middle years of his practice, Special Referee work and foreclosure work were his primary sources of income. He continued doing real estate work, wills and domestic type work. Their firm gradually developed specialty areas in that Mr. Scott primarily handled the real estate and Mr. Setzler handled the civil litigation, with him doing the foreclosures, bank work and special referring.
Printed Page 6823 . . . . . Tuesday, May 17, 1994
Finally, the County of Lexington set up a full time Master-in-Equity, and he simply redirected his efforts in the other areas of law.
During the past 10 or 12 years, as the Family Courts began to utilize the GAL (he had always had a special interest in children and worked in this area of the Family Court since law school), he developed a sizable practice in this area and continues to do so today.
It is difficult to arrive at exact dates since 1972, regarding areas of practice because of the time span. It is even more difficult because all of the areas of change were slow in developing and ending. An exception is the Special Referee work ceasing abruptly with the appointment of a standing Master-in-Equity.
He has always practiced a general practice of law. In the first years he could effectively cover many areas of law, many different courts in many different counties. He has tried cases (limited number) in Federal Court in his early years of practice.
His main volume area throughout the years were family court, guardian ad litem work, foreclosure work and special referee work.
He has also served as the Judge for the City of Cayce from December, 1976 to present, handling regular traffic court weekly, preliminary hearings, jury trials, execution of warrants and search warrants, bond hearings and the appeals from this court.
He was appointed by the Supreme Court to serve as the temporary family judge when their County was without a sitting judge. He cannot recall the date nor can he locate the Order issued by the Supreme Court. It was in the late 70's or early 80's and was only for a week or two. Several attorneys were appointed during the interim when they did not have a judge.

13. Rating in Martindale-Hubbell:AV

14. Frequency of appearances in court:
Federal - none
State - as Judge and Attorney estimated 200 per year or 1,000 in 5 years
Other -

15. Percentage of litigation:
Civil: 38% in 1991; 8% in 1992; 23% in past 5 years
Criminal: 3% in 1991; 3% in 1992; 3% in past 5 years

Printed Page 6824 . . . . . Tuesday, May 17, 1994
Domestic: 15% in 1991; 23% in 1992; 19% in past 5 years
Foreclosure: 28% in 1991; 34% in 1992; 31% in past 5 years
Figures for 1991 and 1992 are fairly accurate. Figures used for the past 5 years are derived from averages of 1991 and 1992. This does not include pro bono work. Their office keeps no record on pro bono work.

16. Percentage of cases in trial courts:
Jury - none
Non-Jury - about 50%
Sole counsel

17. Five (5) of the most significant litigated matters in either trial or appellate court:
(a) He was given 110 foreclosures at one time by a single mortgage company to process immediately. These cases were in four different counties, totalling close to a million dollars, and all were timely handled including a period in Bankruptcy Court.
(b) He was recently court appointed as the attorney for a lay guardian ad litem involving sexual abuse to three minor brothers. The trial last 4 days (some nights to 7:30 and 11 p.m.). He had a total of 41 hours in court. Based on the GAL's work and the testimony of one of the minors, the court determined there had been sexual abuse and issued its order preventing contact in the future with these minor children and the perpetrator, their father.
(c) He was appointed the GAL's for four minor boys and served as their attorney in an action brought by a basic stranger (no relation to the boys) against State DSS. They wanted to force an adoption which the minors nor DSS wanted. After days of testimony and hearings in three counties, the Court ruled in their favor.
(d) He was court appointed to represent a minor female teenager accused of strangling her small brother to death with a sock in a creek behind the family home. The parents were divorced and prominently known in the community. It was a sensational type of case for the news media, and he had numerous run-ins (including legal hearings) with the local sheriff over giving the name of the minor to the news media as well as keeping the incident in the news. Because of his

Printed Page 6825 . . . . . Tuesday, May 17, 1994
position in protecting his client's rights he had to transport his client to the hearings (sheriff refused) under court order and until this day has to avoid direct contact with the sheriff. He managed to get a court order housing the child in a private treatment center until the trial, and later assisted in arranging for her to serve her sentence in a special facility for juveniles requiring special evaluation and treatment. Said facility was located out of the State of South Carolina.
(e) He has had many opportunities as the Judge in the City of Cayce since 1976 to experience, as well as apply, the law in its ever changing character. He has signed warrants in murder cases, conducted bond hearings, search warrants, and preliminary hearings, all of which were closely examined and reexamined by the Circuit Courts and Supreme Courts.
He has under our new law, conducted a bond hearing which involved T.V. cameras in the courtroom under our new guidelines permitting such coverage. Admittedly, city courts are lesser courts in the eyes of most people, but the necessity of complying with the court rules and the law are just as important as in any other court.
He has literally conducted hundreds of jury trials and preliminary hearings over 17 years as well as hundreds of bench trials.

18. Five (5) civil appeals:
None. He has never handled appeals from Circuit Court or Family Court. As a general rule, their firm associates an attorney to process all of their clients' appeals.
He has prepared Return to Appeals from matters that he has heard as the Judge in Cayce Traffic Court.

20. Judicial Office:
Served as Judge for the City of Cayce from December, 1976 to present:
Appointed by City Council; Regular traffic court once a week every week; Jury trials; Execution of arrest warrants and search warrants; Preliminary hearings; Bond hearings
Served as Special Family Court Judge in Lexington County by Order of the Supreme Court. Cannot locate Order, was in the late 70's or early 80's for a 1 or 2-week period of time.

Printed Page 6826 . . . . . Tuesday, May 17, 1994
Served as Special Referee (primarily in Lexington County - has heard cases from other counties at the request of attorneys and court) from approximately 1977 to July, 1989, referred by Circuit Court.

21. Five (5) Significant Orders or Opinions:
On one hand the answer to this question is basically "no or I have none." On the other hand, everything he has ever ruled on as a traffic court judge, special referee or special family court judge is most significant to the individuals that are affected. The rulings are most significant to him, because he is always concerned that his rulings and decisions are accurate, based on the law and the facts, and are applicable.
He does not have any specific orders or opinions available because of the nature of the City Court system and Special Referee system. He has been appealed both to the Circuit Court and Supreme Court but does not have the cases available in that he does not participate in the actual appeal process.

23. Employment As a Judge Other Than Elected Judicial Office:
Served as Judge for the City of Cayce from December, 1976 to present:
Appointed by City Council; Regular traffic court once a week every week; Jury trials; Execution of arrest warrants and search warrants; Preliminary hearings; Bond hearings
Served as Special Family Court Judge in Lexington County by Order of the Supreme Court. Cannot locate Order, was in the late 70's or early 80's for a 1 or 2-week period of time.
Served as Special Referee (primarily in Lexington County - has heard cases from other counties at the request of attorneys and court) from approximately 1977 to July, 1989, referred by Circuit Court.

25. Occupation, business or profession other than the practice of law:
He graduated from Newberry College in May, 1964, and went to work for General Adjustment Bureau, Inc. in June, 1964, and worked as an insurance adjuster and investigator for 5 years until he resigned in order to enter law school in September, 1969. Their company represented, at that time, 485 insurance companies as well as large self insurers and handled claims against their companies. He was made manager of the office in Virginia one year prior to his resignation to return to South Carolina to attend law school.

Printed Page 6827 . . . . . Tuesday, May 17, 1994
26. Officer/director or management of business enterprise:
Greenhill Limited: A corporation which owns the land, buildings and equipment rented by Setzler, Chewning and Scott, P.A. Mr. Setzler, Mr. Scott and Mr. Chewning own a 1/3 interest. Mr. Chewning serves as secretary/treasurer.
Congaree Title Agency: A corporation owned by Mr. Setzler, Mr. Scott and Mr. Chewning from which to operate their title insurance agency. They write for Old Republic. They each own a 1/3 interest.
Setzler, Chewning & Their firm in which each of the three of
Scott, P.A. them own a 1/3 interest.

28. Financial Arrangements or Business Relationships (Conflict of Interest):
All of the corporations listed in Question #26 herein deal with the practice of law with his partners, Mr. Setzler and Mr. Scott. He will have to divest himself of any interest he has in these corporations before anyone from that firm could appear in a court in which he is presiding.

44. Bar Associations and Professional Organizations:
Richland County Bar (1972-1973); Lexington County Bar (1973 to present), President (1980), Secretary/Treasurer for a number of years prior to 1980; South Carolina Bar Association (1972 to present), South Carolina Supreme Court Committee for Discipline and Grievance (1985-1988), House of Delegates (1990-1992), Judicial Moderazation Committee (1981-1982); American Bar Association (1972 to present); has voluntarily served the South Carolina Pro Bono Program since 1988

45. Civic, charitable, educational, social and fraternal organizations:
Task Force - Fighting Back Lexington; U.S.C. Gamecock Club; U.S.C. Alumni Association; Newberry College Alumni Association; Shiloh United Methodist Church, Sunday School teacher, Church Choir member, Chairman of the Finance Committee, Member of Administrative Council; Volunteer Fireman with Hollow Creek Fire Department; Lexington County Election Commission - Poll Manager;

Printed Page 6828 . . . . . Tuesday, May 17, 1994
Lexington County Selective Service Board (1982 to present), presently Chairman

46. He has done volunteer motivational as well as awareness public speaking to church and school groups in the areas of:child abuse and neglect prevention and identification; legal careers; youthful offenses; laws relating to youthful offenders.

47. Five (5) letters of recommendation:
(a) Steve P. Nivens, Regional Vice President
The Lexington State Bank
1220 Blanding Street, Columbia, SC 29201
739-4330
(b) James Randall Davis, Esquire
Bouknight, Nicholson, Davis, Frawley & Anderson
P. O. Box 489, Lexington, SC 29071
359-2512
(c) Nancy K. Perry, Executive Director
The Lexington County Children's Shelter, Inc.
P. O. Box 344, Lexington, SC 29071
253-6272
(d) Evelyn Blackwelder Berry, Ph.D., Executive Director
South Carolina School Boards Association
1027 Barnwell Street, Columbia, SC 29201
799-6607
(e) A. G. Dantzler, Director
Cayce Department of Public Safety
P. O. Box 2004, Cayce, SC 29171-2004
794-0456

PERSONAL DATA QUESTIONNAIRE - ADDENDUM

2. Positions on the Bench:
(a) Began being appointed Special Referee about 1975, and served as Special Referee on numerous occasions until July, 1989, when Lexington County provided a full-time Master-in-Equity. As an example, he had 95 cases referred to him in 1986, 115 cases in 1987, 130 cases in 1988, and 100 cases in 1989.
(b) Served as Special Family Court Judge in Lexington County, by Order of the Supreme Court sometime in the late 1970's

Printed Page 6829 . . . . . Tuesday, May 17, 1994
or early 1980's. It was for only a couple weeks as well as he remembers.
(c) Has been serving as the Judge for the City of Cayce from December, 1976 to present.

10. Extra-Judicial Community Involvement:

Task Force - Fighting Back Lexington; U.S.C. Gamecock Club; U.S.C. Alumni Association; Newberry College Alumni Association; Shiloh United Methodist Church, Sunday School teacher, Church Choir member, Chairman of the Finance Committee, Member of Administrative Council; Volunteer Fireman with Hollow Creek Fire Department; Lexington County Election Commission - Poll Manager; Lexington County Selective Service Board (1982 to present), presently Chairman; Richland County Bar (1972-1973); Lexington County Bar (1973 to present), President (1980), Secretary/Treasurer for a number of years prior to 1980; South Carolina Bar Association (1972 to present), South Carolina Supreme Court Committee for Discipline and Grievance (1985- 1988), House of Delegates (1990-1992), Judicial Moderazation Committee (1981-1982); American Bar Association (1972 to present); has voluntarily served the South Carolina Pro Bono Program since 1988.

He does not use his judicial office to further the above interests. He has done volunteer motivational as well as awareness public speaking to church and school groups in the areas of:child abuse and neglect prevention and identification; legal careers; youthful offenses; laws relating to youthful offenders. His experience in the judicial office has increased his knowledge, thus better preparing him to do public speaking such as described in the above paragraph.

The Board of Commissioners on Grievances and Discipline report that no formal complaints or charges of any kind have ever been filed against you. The Judicial Standards Commission has no record of reprimands against you. Records of the applicable law enforcement agencies:Lexington County Sheriff's Office are negative; Lexington City Police Department are negative; SLED and FBI records are negative. The Judgment Rolls of Lexington County are negative. Federal court records are negative.

No complaints or statements were received. No witnesses are here to testify. Would you like to make a statement before counsel asks --
MR. CHEWNING: No, sir.

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