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10. Published Books and Articles: THE CONSTITUTION OF SOUTH CAROLINA, Volume I: The Relationship of the Legislative, Executive, and Judicial Branches, by James Lowell Underwood, date of publish 1986 (see pages xiii-xiv Acknowledgments for research)

12. Legal experience since graduation from law school:
Staff Attorney (1986-1987), Office of Senate Research:Drafted and researched legislation. Participated in administrative procedures and hearings. Represented Senators in litigation.
Assistant Circuit Solicitor (1987-1988), Spartanburg Solicitor's Office: Represented State and prosecuted cases in Family and General Sessions Court. Litigated matters including child abuse and rape. Primary litigant for all Protective Service matters.
King, Hray and Kanes (1990-1992), partner King and Hray (1989-1990) associate: Litigated routinely in Probate, Magistrate, Family, Circuit and Appellate Courts. Practiced before administrative boards and commissions specifically the Worker's Compensation Commission and ABC Commission. Researched/drafted appellate briefs, legal memorandum and pleadings.
Magistrate (June, 1992 to January, 1993) Chief Magistrate (January, 1993 to present). Presided over civil and criminal court both jury and non-jury trials. Routinely researched legal issues. Drafted legal memorandum and orders. Presented arguments for and successfully obtained funding from County Council to restructure court system. Researched and prioritized goals to implement restructure. Instituted novel approach to reduce case backlog resulting in reduction of jury trial case load of approximately two thousand to two hundred pending. Developed approaches to deal more efficiently with general public. Managed personnel, including Magistrates in excess forty persons. Prepared and presented budget for FY 1993-1994. Magistrate (June, 1992 to January, 1993). Presided over traffic court bench trials and civil, criminal and traffic jury trials. Implemented Spartanburg County's first centralized Traffic Court System. Developed courtroom procedure and shared training with District Magistrates.

14. Frequency of appearances in court:
Federal - N/A
State - regular appearances prior to appointment as Magistrate
Other -

15. Percentage of litigation:
Answers below pertain directly to employment during specified time.
Civil - (1989-1992) one-third of practice with King Hray and Kanes (King Hray and Kanes a/k/a King and Hray [1989])
Criminal - (1987-1988) total practice as assistant solicitor
Domestic - (1989-1992) one third of practice with King Hray and Kanes

16. Percentage of cases in trial courts:
Jury - (1989-1992) estimated five to ten percent
Non-jury - (1989-1992) estimated twenty percent civil non-jury; estimated thirty percent domestic non-jury; estimated twenty percent worker's compensation
Other than appellate work, service was mainly sole in nature. Note, however, much work originated from the earlier year as associate.

17. Five (5) of the most significant litigated matters in either trial or appellate court:
(a) Billy Ray Short, Employee, Claimant v. Peeler Rug Compant, Employer, Kansas City Fire and Marine Insurance Company, Carrier, Defendants. W.C.C. File No. 9005828. Claimant sustained permanent, total disability. Liability was questionable. Appeal upheld lower decision. The case was significant by the complexities in the factual history. Moreover, Claimant's limited mental state (functional illiterate, mild retardation) made the trial challenging. The Claimant was awarded compensation.
(b) In the matter of: Shari L. Whitlow, Pres. S.U.V., Inc. d/b/a Ellite. This matter was the predecessor to a series of cases wherein he represented the City of Spartanburg. The cases all involved requests for alcohol permits in a volatile area of the City. The significance of the case was its impact

18. Five (5) civil appeals:
(a) Duke Power Company, Respondent v. David C. Thornton and Vesta L. Thornton, Appellants Case No. 89-CP-42-1273

20. Judicial Office:
Chief Magistrate (January, 1993 until present). Appointed Chief Magistrate by Chief Justice of the South Carolina Supreme Court. Jurisdiction limited to $2,500 in civil matters and a sundry of offenses against property limited to less than $1,000. Remanded cases by consent of both parties also are included in jurisdiction. A majority of cases in Magistrate jurisdiction are defined by penalty of $200 or 30 days in jail for criminal convictions. Appeals from the Highway Department are also heard de novo by the Chief Magistrate.
Magistrate (June, 1992 until January, 1993). Jurisdiction includes all the above with the exception of Appeals from the Highway Department.

(b) The State v. Arthur G. Hopper (Spartanburg Circuit Court).

39. Expenditures Relating to Candidacy:
Individual letters to members of the General Assembly; her personal secretary; $200 total estimated cost

44. Bar Associations and Professional Organizations:
South Carolina Bar Association (1986 until present); Spartanburg County Bar Association (1987 until present); Spartanburg Young Trial Lawyers (1988 until present); Chairperson, Spartanburg County Family Law Committee (1992); Judicial Task Force on Gender Fairness in the Courts (1993 until present); South Carolina Commission on Alternative Dispute Resolution (1993 until present); South Carolina Association of Summary Court Judges (1992 until present)

45. Civic, charitable, educational, social and fraternal organizations:
Board of Trustees: Nominated Spartanburg County YMCA Executive Comm. (October, 1993 until 1996); Spartanburg Little Theatre (1990-1993); Spartanburg County Children's Shelter (1992); SAFE Homes Network for Abused Women (1989-1992); Department of Mental Health; Children's Coalition Against Sexual Abuse (1990-1992); DSS Treatment Team (1988-1992)
Volunteer: Habitat for Humanity (1992 until present); Seeds of Faith Ministries Soup Kitchen (1992 until present); Mobile Meals a/k/a Meals on Wheels (1989 until 1992); Spartanburg Young Running Club (1990 until present)

46. Marathon 26.2 miles: Top seven Female, South Carolina Marathon (1982, 84, 86, 87, 89, 90); Top five Female, Grand Father Mountain Marathon (1989, 90, 93); Boston Marathon (qualified 1982, 83, 84, 86, 88, 89, 90, 91, and 93) (participant 1989)

47. Five (5) letters of recommendation:
(a) Susan B. Gamble, Assistant Vice President
Nationsbank
1000 Pine Street, Spartanburg, SC 29303
594-6472

2. Positions on the Bench:
Chief Magistrate (January, 1993 to present)
Magistrate (June, 1992 until January, 1993)

The Board of Commissions 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. The records of the applicable law enforcement agencies: Spartanburg County Sheriff's Office are negative; Greer City Police Department are negative; SLED and FBI records are negative. The Judgement Rolls of Spartanburg County are negative. Federal court records are negative. No complaints or statements were received. No witnesses are present to testify. Would you care to make a statement?
MS. KANES: No, sir, I'll waive that.
REPRESENTATIVE ALEXANDER: Go ahead, please.
MS. KANES - EXAMINATION BY MS. MCNAMEE:
Q. Good afternoon, Ms. Kanes.
A. Good afternoon, Ms. McNamee.
Q. Is it all right with you if we use the transcript from the last time as the bulk of --
A. It is.

And that's talking about Mondays, Thursdays and Fridays, so they're getting two days basically free each week. But that's happened. The days, the Saturdays and Sundays that I have not been there, I've been traveling on the road, so since November the 8th, I don't believe I've taken one day completely free.
Q. I'm glad we clarified that. I didn't realize that from the last time.
A. Yes, ma'am. But, effectively, I am being compensated only for the hours worked.
Q. So you are on unpaid leave for two days a week?
A. Really, yes. My benefits were also consistent with that. In other words, they weren't totally cut, but they were put probably in the part-time status.
Q. Uh-huh.
A. But I'm still working Saturdays and Sundays.
Q. You have indicated, or it's indicated here that you have spent some money on this campaign for this Seat Number 5, $200, I believe?
A. That's correct.

Now, in terms of having a person, me, asking a person to support me, that has not happened. I have not asked for any commitment or any pledge. But by the same token, I also feel comfortable that some of the people that supported me in the past will likewise support me in the future.
MS. MCNAMEE: That's all I have.
REPRESENTATIVE ALEXANDER: You have a question for Ms. Kanes, Senator?
SENATOR RUSSELL: No.
REPRESENTATIVE ALEXANDER: Thank you so much.
A. Thank you, sir.

TRANSCRIPT OF MS. KANES AT PUBLIC HEARING OF JANUARY 13, 1994:

MS. KANES - EXAMINATION BY MS. MCNAMEE:
Q. Ms. Kanes, you have been out of law school for seven years; is that correct?
A. That is correct. Is this better now?

And I think as a judge sometimes particularly when there is a good bit of stress, the tendency is to move very quickly and forget that and I think having litigated and having tried so many cases, I learned that it is very important to treat people always with integrity and respect.

I think patience is also very important, particularly dependent upon the subject matter. If it is a difficult subject matter, again, and you're moving a lot of cases or you have deadlines, sometimes your -- because you have such a responsibility, you have to constantly fight the trend to cut a person off or to limit them. And I think that you as a judge have an absolute obligation to give every person that right.
Q. What are the skills that you bring to this job?
A. I have -- as I began the Senate Research, I can draft legislation. I can write regulations.
Q. Do you write regulations? Is that research?
A. Well, what I did, I did a little bit of work for one of the Senators, Tom Pope, and he had at that time a good bit of regulatory work that was coming before him and he would send it down to me. I would review them and then send it back and I guess I was not writing them, but I was editing them, so I'm very familiar with regulations from a promulgation standpoint.

With respect to drafting law, though, I did do a good bit of that work. There is one member of your board that I drafted legislation for specifically. The way it was in Senate Research, Senators would find people and they would send -- or it was my experience that they would

From there I began litigation. I went directly into the Solicitor's Office. I prosecuted rape cases toward the end of my career. At the onset, I worked with Protective Services and I did primarily child abuse cases and I did a lot of courtroom work and then I went to civil litigation and tried cases before boards and agencies.
Q. Which ones?
A. ABC, Workers' Comp. Board. I did a little bit of regulatory work with DHEC. I worked with Assistant City Attorney Spencer King. He actually was the City Attorney for asbestos cases. They would deem me the Assistant City attorney and I would do some work. I was never the front on that. I was, however, the front on the ABC commission cases.

I tried I would say close to 200 cases before the Workers' Comp. Board. I went all the way appellate -- appellate work, appealed from there to the full Commission and likewise from there to the Circuit Court. I tried cases before the Court of Appeals and I've done two writs of certiorari which were denied at the Supreme Court, so I have done extensive litigation.

And then as Magistrate, when I took over there was a docket of over 2,000 cases. We have at this point 203 cases on the docket. That means that you have 2,000 plus jury trials which we disposed of in less than a year's period of time.

When I was given the position, I was also given the opportunity to go before our county council and they entitled me a certain amount of money and that money enabled me to do a restructure of that court system.

That restructure is what we're working under now and because of that restructure, we have a certain procedure that was not there before and if we can follow that procedure, we'll never have to work as hard as we have this past year.
Q. What is that procedure?
A. Essentially, we centralized both our traffic court as well as our jury dockets. When I say we centralized, we do have not judge shopping. We don't have, for instance -- some judges that people feel are easier on, say, officers, for instance, so they can't go to one area and just try their cases before the judge of their choice. We rotate judges in so that every person is given a fair shot.

Then with respect to the jury trials, what we do is we've had a marathon session, a two-day session, Monday and Tuesday session the last year. We never get a Monday or a Tuesday off. And we just -- what I do is I sit in front and I call -- Monday morning, we do what is called a voir

I have a gal that takes that and she comes up with a grid and all attorneys now come in and pick this grid up and then we have a session of court at 9:00 o'clock, 1:00 o'clock and 3:00 o'clock. We have three courtrooms functioning at full capacity. Those three courtrooms that are functioning because we are limited by our physical structure, we just hear cases at 9:00 o'clock, 1:00 o'clock and 3:00 o'clock and we don't stop and we go as late as we can, much like you all. We do this for two days.

After that we do Wednesdays, Thursdays and Fridays just bench trials and that's primarily what you would be doing -- or one would be doing as an administrative law judge.
Q. The kinds of cases that you would be hearing as an administrative law judge will probably be quite different than the cases you hear as a magistrate?
A. They will --
Q. How will you prepare?
A. Sure. They will be different, but my experience prior to becoming magistrate is very consistent with that. I think initially when I looked at the statutes under which the administrative law judgeships followed and the breadth of those statutes, I was a little concerned and then I pulled each of those statutes and started really delving as well as some of the regulations, pilotage, for example, taxation law. Those were two of the areas of my primary concern.

What I found is, for instance, with my domestic work, and I did some pretty extensive domestic work toward the end of my practice of litigation, I learned a lot or self-taught a lot because I handled quite a few very complicated cases. So I guess my point is I think that when you delve into something, you can learn it. That was the text.

The pilotage is the one area that I think is not on my forefront, however, I think that I can learn it quickly.
Q. Did you say pilotage?
A. The waterways, the coastal area.
Q. Oh, so you're talking about the Coastal Council kind of --
A. That's right.
Q. You own a good deal of stock, as I understand, for instance, some hospital stock, drug stocks, how will you handle any kind of issues that might come up before you as an administrative law judge?
A. I believe that we have an absolute imperative position of having no appearance of impropriety so much so that I recuse myself if I ever feel

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