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 6850, May 17 | Printed Page 6870, May 17 |
Printed Page 6860 . . . . . Tuesday, May 17, 1994
Q. Yes.
A. I've never had one go so far as to be signed that was -- that was -- it turned out to be wrong.
Q. It turned out to be different than the one that was in the court?
A. No, I've never done -- I wouldn't do that.
Q. Your political activity, Mr. Kotti?
A. Yes, ma'am.
Q. How extensive is that and what would you --
A. Well, this is --
Q. What would be your plans there?
A. This -- I have no plans there. I have -- and this room is full of Republicans again, Senator McConnell and Senator Russell, but Mr. Alexander, I think you're still a Democrat, aren't you?

But, anyway, I have been in the immediate past Chairman of the Democratic Party in Lexington County. Now, I can't think of a more -- of a more independent political position in American than that. There was just an article in The State newspaper at the conclusion of our County convention last week making fun of us for being such a minority party there. I have -- in that -- since about 1988, I've been involved in the Democratic party in Lexington County in various positions. I was second vice chair, fund-raising chairman which was kind of a ludicrous post. There is no money to raise from Democrats, I assure you. Then chairman and now, of course, I'll resign if I am fortunate enough to get elected to this position I'm seeking, but if I -- right now, I'm second alternate executive state committee and that's it.

And I'm also executive committeeman for my precinct, but I'll resign and get out of all political activity if I'm fortunate to be elected to the bench and, you know what, I'll be happy to do it because I'm tired of arguing. There are too many Republicans over there. They're friends of mine. I represent a lot of them. Some of them are in politics, but they always enjoy teasing me and arguing with me and I won't miss that a bit.
Q. What is your policy about gifts?
A. I don't want any gifts. I don't get gifts, so -- the only people who give me gifts now on occasion are clients at Christmastime and that would have to stop if I got elected to the bench.
Q. In reviewing your financial records, I note that there are some outstanding liens in Lexington County?
A. That's correct. Tax liens.
Q. Could you describe those --
A. Sure. I tell you what the --

Printed Page 6861 . . . . . Tuesday, May 17, 1994
Q. Go into that --
A. -- circumstances of those are, I went out on my own in 1990. That is a kind of -- out of my own as an attorney in 1990, I should say. That was a rather bold, quick step made by me, frankly, to gain some independence.

In the back of my mind for many years, I've always thought that if the occasion arose I'd like to run for Family Court judge, so I wanted to get out on my own, out from working with Harvey Golden and his people who are in Family Court every day, so I could have my own independence. Since then, of course, I've had five or six cases against that firm which I relish because I know all their tricks.

But, anyway, when I went out on my own, there was -- because of my bleeding heart nature, there was a problem with getting fees to cover my bills. I had choices to make. So I put off paying taxes to keep my family fed, the lights on and the rent is paid. Fortunately, four years later, I'm pretty much stabilized and making more money than I ever have in my career, but -- so there was a couple year period where I got behind in my taxes regretfully, unfortunately which I'm now striving to pay.

I'm borrowing money and doing what I have to do to erase those liens. Other than that, I have no other financial problems, thank goodness.
Q. I think you said in your statement that you had a plan worked out with the income tax?
A. Yes, I've been working with our friends at the Internal Revenue Service and State Tax Commission. I meet with them regularly. I'm not about to let me be served with one of those warrants one day -- one day when they come in there and they're going to auction off all my property such as it is. So I'm working with them. I meet with them every so often and we've got everything worked out.

In fact, I've been able to negotiate with them quite well. They've been very kind and considerate. I told the lady from the IRS that she puts the term service back in IRS. So we've been -- maybe that helped a little. I don't know. It's the salesman in me once again. It's worked out pretty well.
Q. Are you current with your 1993 taxes?
A. Yes, I just paid a lot of money on April 15th. I should be current. I got an extension to file my tax return because I've been kind of busy this spring. I don't know if I owe any more. I hope not. I sent a lot -- about all the money I had available to the Internal Revenue Service and the State Tax Commission -- or the Department of Revenue now. Excuse me.
Q. Are you current in paying your withholding taxes?
A. I believe that I am, yes, ma'am.

Printed Page 6862 . . . . . Tuesday, May 17, 1994
Q. And I will finish up by asking you if you have expended any money in this campaign?
A. None.
Q. And if you do, will you please --
A. Absolutely.
Q. -- notify us of --
A. Sure.
Q. A judicial candidate must not seek the pledge of a legislator's vote prior to the completion of the screening process, and so I must ask you, have you either sought anyone's pledge, directly or --
A. Absolutely not.
Q. -- indirectly?
A. Absolutely not. And I won't do it until after ya'll finish the report. Frankly, I'm way behind on getting my name out because I'm a solo practitioner. I'm in court almost every day, so it's hard to get down here and campaign.
SENATOR MCCONNELL: Any members of the committee have any question? The Senator from Spartanburg.
EXAMINATION BY SENATOR RUSSELL:
Q. What time do you go to bed at night? He gets up at 5:00 o'clock and goes to the office. I don't know if you heard that.
SENATOR MCCONNELL: He and Senator Rose.
SENATOR RUSSELL: Senator Rose does that.
A. I probably go to bed, Senator Russell, midnight, 1:00 o'clock in the morning usually.
Q. Through your testimony, that's just overpowering to me. I'm just curious. I don't have any questions.
A. Do you want me to address that Tender Years Doctrine to you? I'd love to --
Q. No. I'm not going to delay us. The reason I asked that, there's a Judiciary Committee going on --
A. I'm supposed to be testifying on that.
Q. Well, it's up. It's on the agenda.
A. That's all. I was going to go over there if there was still anything to testify about.
EXAMINATION BY SENATOR MCCONNELL:
Q. I just have one question to follow up and --
A. Yes.
Q. -- you pretty much answered it, but to reinforce, you talked about judicial temperament?
A. Yes, sir.
Printed Page 6863 . . . . . Tuesday, May 17, 1994
Q. And about necessity in Family Court for evenness and not having -- having the ability not to boil over?
A. Yes, sir.
Q. What do you think you could do as a judge to prevent robitis from setting in, short patience, the robe is getting too heavy and scrambling your brain?
A. A lot of things, some personal, some professional. If you'll indulge me, I'll answer it. One thing is professional. I don't believe in rebuking lawyers on the record unnecessarily. I think that's a sign of poor temperament. It makes the system look bad. If there has been some procedural snafu, if a lawyer has done something improper or not within the rules, I will call a recess and we'll go back in chambers, go talk about it and go back out, and deal with it without -- I don't believe in embarrassing lawyers in front of their clients.

Also one thing I think is important is keeping your mind free like you said, Senator, from getting it all gummed up, I try to get some exercise every now and then. Not as much as I should, but it's hard to, but that's real important to me. It keeps your mind fresh and Lord knows it improves your attitude and this may sound corny, it may sound like Bob Richards and Bruce Jenner, but it's really true. I used to run a lot and I try to run more and I even have the, I guess, the naivete and boldness to play racquetball once in a while. That's kind of a tough game, but I believe in keeping yourself mentally and physically fit.

Another thing is Family Court judge position particularly can be so absorbing emotionally and so absorbing mentally and taxing in those areas probably more than any other level of the bench I can think of because day to day you see only tragedy. That's all you see tragedy over and over again involving sweet little kids, some who aren't so sweet and so little and parents who fight incessantly over them.

The aim and focus of my practice where it's appropriate will be children. A lot of cases don't involve kids, so that's all right, but a lot of them just involve money. That's no problem. I can deal with figures as well as anyone else, but I've kind of grown upset with parents who use their children as just toys or mere pawns to get back at the parents.

Now, this may sound like a cliche, but, folks, it goes on more than I've ever seen it in the 12 years I've been an attorney. It's very distressing to me, but that not withstanding, you still have to deal with that with a measure of patience and self-control. Lord knows, if I can -- some of the scenarios I've been exposed to as an attorney at the trial level, if I can handle them without losing my temper, I can probably handle anything the judges have to handle.

Printed Page 6864 . . . . . Tuesday, May 17, 1994
So to answer your question, I just have to remember the goals and keep set in my mind certain polestars and just try to go about it as courteously as I possibly can. I think I can -- I really believe in my heart I can do that. Some people come to me when they heard I was seeking this job and said I can't think of anybody better suited for what you're going for. You're kind of -- you're a nice guy, you're easygoing, you like people, you're genuine with people, you work hard and you know the law, I can't think of any -- I'm proud to have it. I'm bragging again, but now is the time, I guess, it's the last time, I hope I can do it, but people have told me that and that's very gratifying to me and that's one of the reasons I'm really going for this job. I think I can do it very well.
SENATOR MCCONNELL: Any other questions? The Senator from Spartanburg wants to know when do you work in the time for exercising?
A. Weekends usually.
SENATOR MCCONNELL: All right. Any other questions? Thank you, sir. Appreciate you coming.
A. Thank you. Appreciate it.
(There being nothing further, the proceedings concluded at 4:45 p.m.)

TRANSCRIPT OF HEARING OF APRIL 27, 1994


THE CHAIRMAN: We'll go ahead and get started on the Family Court seat for the Sixteenth Judicial Circuit, Seat 1. We have four candidates, Thomas C. Dillard, J.S. Flynn, Robert E. Guess and Nora B. Lewis. Mr. Dillard, you'll be first. If you'll come forward, please. Raise your right hand.
THOMAS C. DILLARD, having been duly sworn, testified as follows:
THE CHAIRMAN: Mr. Dillard, your last screening was April 2, 1992. You were a candidate for the Circuit Judge or Circuit Court At Large, Seat 5 that's currently held by Judge Clary. Have you had a chance to review your Personal Data Questionnaire Summary?
MR. DILLARD: Yes, sir.
THE CHAIRMAN: Any need for changes, amendments?
MR. DILLARD: Not that I see.
THE CHAIRMAN: All right. Do you have any objection to our making the Summary a part of the transcript of record?
MR. DILLARD: No, sir.
THE CHAIRMAN: That will be done at this time.

Printed Page 6865 . . . . . Tuesday, May 17, 1994
PERSONAL DATA QUESTIONNAIRE SUMMARY

1. Thomas C. Dillard
Home Address: Business Address:
Route 2, Highway #9 180 Magnolia Street
Jonesville, SC 29353 Spartanburg, SC 29301

2. He was born in Whitmire, South Carolina on October 23, 1942. He is presently 51 years old.

4. He was married to Brenda R. Dillard on October 19, 1986. He was previously divorced on July 14, 1984; Thomas C. Dillard (moving party); grounds of one year's separation. He has three children:Anna Ruth, (R. N., Baptist Hospice); Deborah S. Maness; and Hope S. Davis, age 27, (purchasing agent, Cone Mills).

5. Military Service: None.

6. He attended Newberry College, l961-1963 and 1968-1970, B.A. in 1970 (left school in 1963 to work and returned in 1968); and the University of South Carolina School of Law, 1971-1973, J.D.

8. Legal/Judicial education during the past five years:
He has attended Trial Lawyers Association Convention Seminars since 1986. Prior to 1986, he attended regular CLE Seminars at the University of South Carolina Law School.

12. Legal Experience since graduation from law school:
1973-1981 Associate with Robert C. Lake, Jr. - General Civil and Criminal Practice and Domestic
1981-1986 Sole Practitioner in Union, South Carolina - General Civil and Criminal Practice and Domestic
1986-present Spartanburg County Assistant Public Defender, Criminal Practice

13. Rating in Martindale-Hubbell:CV

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

Printed Page 6866 . . . . . Tuesday, May 17, 1994
15. Percentage of litigation:
Civil -
Criminal - 100%
Domestic - represented juvenile defendants in Family Court for approximately two years

16. Percentage of cases in trial courts:
Jury - 20%
Nonjury - 80%
Sole Counsel

17. Five (5) of the most significant litigated matters in either trial or appellate court:
(a) State v. Sole Dowlinton - Tried for murder. After two days, the trial jury returned a verdict of guilty of voluntary manslaughter. He was sentenced to three years. It was significant, because he was able to convince a jury that the Defendant had no malice.
(b) State v. Margarito Guiterrez - Tried for murder. He was able to have most of the State's evidence excluded during the trial. After the State rested its case, they agreed to let the Defendant plead to involuntary manslaughter which reduced the Defendant's sentence from life to three years.
(c) Nickey B. Toby v. Secretary of Health and Human Services. This is a case which he carried from the Administrative Level to the U. S. District Court on Appeal. This case was significant because of the time involved to secure the Claimant's retroactive benefits. From the time of filing to the last appeal was seven years.
(d) State v. Jerry Wood - Tried for murder. This case was significant as it gave him more experience in trying felony cases.
(e) State v. Richard Longworth - Tried for capital murder. This case was significant in giving him experience in trying death penalty cases.

18. Five (5) civil appeals:
As a Public Defender, all appeals are handled by the Office of Appellate Defense. The last appeal in which he participated was more than ten years ago when he was an associate with Robert C. Lake, Jr.

Printed Page 6867 . . . . . Tuesday, May 17, 1994
20. Judicial Office:
1981-1986 Judge, Town of Whitmire Municipal Court. He was appointed by the Town Council. It was limited to crimes which carried maximum penalty of 30 days or $200.

24. Unsuccessful Candidate:
1990 Circuit Court Judge at Large, Seat #9 (withdrew)
1992 Circuit Court Judge, Seventh Judicial Circuit (withdrew)
1992 Circuit Court Judge, Seventh Judicial Circuit (withdrew)

25. Occupation, business or profession other than the practice of law:
He worked for the City of Newberry as a water plant operator while attending college from 1968-1970. He also worked for the City of Newberry, 1965-1968. He worked as a page in the South Carolina State Senate while attending law school, 1971-1973.

28. Financial Arrangements or Business Relationships (Conflict of Interest):
He is not aware of any financial arrangements or business relationships which would constitute or result in a possible conflict of interest in the position he seeks. In the event of any such conflict, he would recuse himself if sitting Judge.

44. Bar Associations and Professional Organizations:
South Carolina Bar Association; South Carolina Trial Lawyers Association; Spartanburg County Bar Association; Union County Bar Association

45. Civic, charitable, educational, social and fraternal organizations:
Masons, Amity Lodge #87, Newberry, SC, and York Rite Bodies, Newberry, SC; Shrine, Hejaz Shrine Temple, Greenville, SC; Union Elk Lodge, Union, SC

46. He has been placed on the Register to be eligible for an appointment to an Administrative Law Judge position with the Federal Government. To be placed on the registry, he was rated on experience, references, written exam, personal interview and FBI check for security clearance.

Printed Page 6868 . . . . . Tuesday, May 17, 1994
47. Five (5) letters of recommendation:
(a) Joel Moore, Branch Manager
American Federal
P. O. Box 727, Union, SC 29379
(b) Charles W. Jones, Esquire
The Whiteside-Smith Firm
P. O. Box 1144, Spartanburg, SC 29304
582-4569
(c) Gerald G. Wilson, Esquire
P. O. Box 6189, Spartanburg, SC 29304
573-7850
(d) David E. Turnipseed, Esquire
Turnipseed and Associates
P. O. Box 1904, Spartanburg, SC 29304
573-0048
(e) H. Carlisle Bean, Esquire
Bean and Bean
P. O. Drawer 81, Spartanburg, SC 29304
582-3341

PERSONAL DATA QUESTIONNAIRE - ADDENDUM

2. Positions on the Bench:
Town of Whitmire Municipal Court, 1981-1986

The Board of Commissioners on Grievances and Discipline reports no formal complaints or charges. The Judicial Standards Commission has no record of reprimands against you in your former capacity as a City Judge for the Town of Whitmire. The records of the applicable enforcement agencies:Union County Sheriff's, Union City Police, SLED and FBI are all negative. The Judgement Rolls of Union County are negative. Federal Court records show no judgements or criminal actions.
There was a civil action in which you were named as a defendant in your capacity as a member of the Board of Trustees of the hospital in Newberry. The suit was filed in 1978 and, apparently, Judge Perry found in favor of the defendants including yourself in 1982. Does that sound correct?
MR. DILLARD: That's correct.
THE CHAIRMAN: We have no complaints or statements that have been received against you. No witnesses are present to testify. At this time you will be given a chance, if you so choose, to issue a brief opening

Printed Page 6869 . . . . . Tuesday, May 17, 1994
statement or if you would prefer, you can reduce one to writing and we'll put it in the transcript of record. Do you wish to do that?
MR. DILLARD: No, sir. As in the past, as you noted, I was screened in the '92. I think most of everything that the committee has requested, the information is all correct and, you know, I wouldn't have anything to add other than what I put on my application.
THE CHAIRMAN: All right, sir.
MR. DILLARD: Thank you.
THE CHAIRMAN: Thank you very much. I'm going to turn you over at this time to Ms. McNamee for questioning.
MR. DILLARD - EXAMINATION BY MS. MCNAMEE:
Q. Good morning, Mr. Dillard.
A. Good morning.
Q. Mr. Dillard, I'd like to talk with you a little bit right now about your experience in Family Court matters. I understand that you have 20 years of experience being a lawyer, but right now since 1986 all your cases are criminal cases; is that correct?
A. That's correct.
Q. Before 1986 you were in a practice. Did it include family law?
A. Yes, ma'am.
Q. And also is it true that two years of the practice with the Public Defender's Office included representing juveniles?
A. Yes, ma'am. I would say approximately two years.
Q. Is that current? Is that your current practice right now or are you just a Circuit Court --
A. No, I'm not doing juveniles right now. It's kind of -- we have a part-time employee doing juveniles at the present time. This was created after I did juveniles.
Q. You did not list any significant domestic matters as -- in your litigation list; is that correct? They were all criminal matters?
A. No, ma'am. Well, as you say, it's been eight years since I've done any domestic work. Nothing that I can't -- most of what I did was not earth shattering. It was every day type domestic matters of divorces, custody and that sort of thing. Nothing really out of the ordinary that you wouldn't see in most domestic matters.
Q. Before then 1986, did you handle any cases that included equitable distribution of marital property? Was there equitable distribution of marital property before 1986?
A. That -- if I recall, I think that is about the time that equitable distribution was starting up.

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