Printed Page 7010, May 17
| Printed Page 7030, May 17
|
Printed Page 7010, May 17
| Printed Page 7030, May 17
| The Committee found that Wyatt T. Saunders, Jr. has actively practiced law as a sole practitioner for nearly twenty-six years. Although he has a general practice, Mr. Saunders has devoted approximately thirty-five percent of his time to domestic cases and has handled a wide range of family court matters.
The Committee appreciated Mr. Saunders' explanation of appropriate judicial temperament and his interest in courtroom efficiency. Mr. Saunders testified that it was important to be fair and courteous and to provide the parties ample opportunity to present their case, but he also stated that a judge could politely curtail repetitious testimony. Mr. Saunders' testimony also revealed an understanding of the ethical considerations confronting a judge and an appropriate approach to producing the court's orders.
Judge of the Family Court of the Eleventh Judicial Circuit, Seat No. 1.
The Honorable Richard W. Chewning III has almost twenty-two years experience as a practicing attorney. Although only nineteen percent of his practice is in domestic and juvenile cases, Mr. Chewning has handled a broad spectrum of family court matters. In addition, Mr. Chewning has experience as a special referee, as a judge for the City of Cayce, and very briefly, as a special family court judge. Mr. Chewning testified that his judicial experience would be an asset in that it afforded him patience and the skill needed to control the courtroom and handle procedure.
The Committee originally had some questions about the nature of Mr. Chewning's family law experience since only ten to twenty percent of that experience involved vigorously contested cases. In response to questioning, Mr. Chewning indicated that his approach is to help his clients understand and solve their problems without litigation, if possible. The Committee respects Mr. Chewning's approach and concludes that the nature of his experience is sufficient.
Mr. Chewning demonstrated an understanding of appropriate judicial temperament and ethical considerations such as ex parte communications and conflicts of interest. The Committee appreciated Mr. Chewning's
The Committee is very impressed with Douglas K. Kotti's dedication to his practice in family law and particularly to issues involving children. Mr. Kotti testified that ninety-eight percent of his practice is in family court. He frequently makes presentations on domestic matters for CLE seminars and has testified before legislative subcommittees on bills amending child custody laws.
The Committee recognizes that as a sole practitioner for the past four years, Mr. Kotti's efforts and finances have, at times, been stretched to their outer limits. While it is concerned about this, the Committee appreciates Mr. Kotti's straightforward answer concerning his past financial problems which he states are now being resolved to everyone's satisfaction. The Committee recognizes Mr. Kotti's strong work ethic. In its opinion he has articulated a clear understanding of appropriate judicial temperament and of the Judicial Canons.
Judge of the Family Court of the Sixteenth Judicial Circuit, Seat No. 1.
Thomas C. Dillard has twenty years experience as an attorney, with the
past eight years spent working as a public defender. While Mr. Dillard's
present work is entirely in general sessions court, he represented juveniles in
family court for approximately two of the years he has served as a public
defender. The Committee has some concerns about Mr. Dillard's lack of recent
experience in other areas of family court, but notes that Mr. Dillard's practice
included divorces, custody and termination of parental rights before 1986.
Mr. Dillard has received a CV rating from Martindale-Hubbell which indicates
a `fair to high' evaluation of his experience and qualifications. Mr. Dillard
expressed concern over the increasing rate of juvenile crime and developed for
the Committee some ideas of what he would do as a family court judge to deal
with the problem. The Committee finds that Mr. Dillard understands the
parameters established by the Judicial Canons. The Committee finds that while
J. S. Flynn has had a distinguished legal career for thirty five years as
a general practitioner, public defender, solicitor and county attorney, he is
now semi-retired. When his practice was active, he handled family court cases;
however, over the last five years, his family court work has been limited to
fifteen percent of his practice. He testified that he only takes those family
court cases which interest him. Mr. Flynn recognized that, if he were elected
family court
The Committee finds that Mr. Flynn has a good understanding of the importance of patience and firmness as components of good judicial temperament. It also finds he understands the ethical principles governing a judge's life.
The Committee finds Robert E. Guess to have nineteen years experience as a practicing attorney. He is a sole practitioner with a general civil practice consisting of approximately twenty percent domestic cases. Mr. Guess has been involved in a wide range of family court matters, including juvenile delinquency proceedings. Additionally, Mr. Guess has experience as a special referee. Most of his experience as a special referee was in default mortgage foreclosures, but he also served as special referee in approximately six contested property cases.
Because Mr. Guess averaged only four to five hotly contested cases a year in family court during the last five years, the Committee questioned him about his enjoyment of courtroom work and his reaction to the vigorously contested case. Mr. Guess testified to the Committee's satisfaction that he enjoys the courtroom experience, but, for economic reasons, the courtroom is not a major part of his practice. Furthermore, Mr. Guess testified that he can be aggressive when necessary, but his nature is to work toward mediation and compromise.
The Committee considers Mr. Guess to have an appropriate perspective on judicial temperament, ex parte communications and preparation of the court's orders. The Committee also believes that Mr. Guess would act properly in cases of conflicts of interest.
Administrative Law Judge, Seat No. 4.
The Committee found that H. Clay Carruth, Jr., has substantial experience in administrative, contested case proceedings. Mr. Carruth served as staff counsel for the South Carolina Public Service Commission (PSC) for five and one-half years, from May 1985 until December 1990. As PSC staff counsel, Mr. Carruth appeared before the Commission in agency contested case hearings on the average of twice a week. The Committee also noted that Mr. Carruth possesses some experience as a hearing examiner, although that experience is not recent.
As with other candidates, Mr. Carruth was examined on ethical issues,
including participation in political activities, recusal, and campaigning for
office as ALJ. Mr. Carruth's responses revealed a commitment to high ethical
standards.
Although Mr. Geathers does not have extensive experience in administrative law, the Committee was impressed by his efforts to educate himself regarding administrative law, including the preparation of an outline of a detailed treatise on the subject by Professor David Shipley. Additionally, he has outlined Professor Walter Reiser's book on evidence law in South Carolina and researched the recent case law on the Canons of Judicial Ethics.
Mr. Geathers demonstrated a solid understanding of ethical standards and an appreciation for appropriate judicial temperament.
The Committee noted favorably W. Kenneth Moore's breadth and depth of administrative experience. Mr. Moore has served the State in the Office of Attorney General for sixteen and one half years and has participated in a broad range of cases such as proceedings before state agencies, representing the State in judicial standards hearings, and various trial and appellate hearings. As with other candidates, Mr. Moore was asked by the Committee about the qualities of judicial temperament. The Committee was impressed that Mr. Moore emphasized honesty, fairness, and respect as central to judicial temperament. Mr. Moore stated fairness must be an integral part of any judicial proceeding. The need for uniformity and objectivity were, in his opinion, major components of the impetus for establishing the Administrative Law Judge Division.
The Committee found V. Lynn Wiggins dedicated to the legal profession and experienced in administrative matters such as workers compensation, employee grievance proceedings and Social Security claim proceedings. As with other candidates, Ms. Wiggins was asked by the Committee about judicial temperament. Ms. Wiggins stated that open-mindedness, courtesy and fairness are important qualities and that a sense of humor is of the utmost importance. The Committee was impressed with Ms. Wiggins' firm beliefs about the importance of adhering to ethical principles such as allowing no ex parte communication between judges and attorneys.
Ms. Wiggins updated the Committee on her rating by Martindale Hubbell and
emphasized that she has experience working in law offices which predates her law
degree. Her Martindale Hubbell rating of CV indicates a 'fair to high'
evaluation of her experience and qualifications.
H. Clay Carruth, Jr. is a candidate for seats number four, five and six of the Administrative Law Judge Division. Because the Committee's findings with regard to Mr. Carruth are reported for seat number four, the findings are not repeated here.
The Committee recognized that The Honorable Karen L. Kanes demonstrated an awareness of the important attributes of respect and patience which a judge must possess. The Committee was impressed with Ms. Kanes' experience in the regulatory process both from the side of the development of regulations and from the contested case hearing side. Also, the Committee was impressed with her management and trial experience and with the innovative methods she has used as Chief Magistrate in Spartanburg County to move cases and reduce that court's docket.
In further questioning, the Committee was satisfied with Ms. Kanes' description of her method of separating her work for Spartanburg County from her efforts at obtaining this administrative law judge position.
Administrative Law Judge, Seat No. 6.
The Committee was impressed with the diligent service of Ralph K. "Tripp" Anderson, III in the Office of Attorney General where he has handled all extradition hearings, been counsel to several boards, handled state employee grievance hearings, been involved in criminal trials and been counsel to the Ethics Commission. Mr. Anderson emphasized to the Committee his strong work ethic as a quality that would make him a good Administrative Law Judge. The Committee appreciated Mr. Anderson's serious approach to the position in that he stressed the importance of researching the specialized areas of administrative law that would come before him and ensuring that he is knowledgeable on the law involved.
H. Clay Carruth, Jr. is a candidate for seats number four, five and six of the Administrative Law Judge Division. Because the Committee's findings with regard to Mr. Carruth are reported for seat number four, the findings are not repeated here.
The Committee found John J. Fantry, Jr. to have substantial administrative law experience. From 1974 until 1985, Mr. Fantry worked for the South Carolina Electric Cooperatives Association on matters relating to state and federal regulatory law. Since 1985, he has been in private practice with an emphasis on administrative and regulatory law. Mr. Fantry has represented clients before the South Carolina Tax Commission, Department of Health and Environmental Control, Workers' Compensation Commission, Coastal Council, Labor Department, Public
Mr. Fantry demonstrated a clear understanding of the ethical considerations about which he was questioned.
The Committee was impressed by the extensive experience of Ray N. Stevens with administrative law and tax matters through his employment at the Office of Attorney General and Department of Revenue and Taxation (South Carolina Tax Commission) for the past fourteen years. He has advised the Commissioners and written proposed orders for them, advised governments on the state and local level concerning financial, tax and budgetary matters, and has represented the state's interest in courts on the state and federal level. Mr. Stevens' replies to questions concerning ethics indicate he has a firm understanding of the Judicial Canons as they relate to ex parte communications, conflicts of interest, and gifts.
Summary
The following persons were unanimously found qualified:
The Honorable Ralph King Anderson, Jr., candidate for Associate Justice of the South Carolina Supreme Court;
The Honorable Julius H. Baggett, candidate for Associate Justice of the South Carolina Supreme Court;
The Honorable Randall Theron Bell, candidate for Associate Justice of the South Carolina Supreme Court;
The Honorable E. C. Burnett, III, candidate for Associate Justice of the South Carolina Supreme Court;
The Honorable J. Ernest Kinard, Jr., candidate for Associate Justice of the South Carolina Supreme Court;
The Honorable Costa M. Pleicones, candidate for Associate Justice of the South Carolina Supreme Court;
The Honorable Charles B. Simmons, Jr., candidate for Associate Justice of the South Carolina Supreme Court;
Wyatt T. Saunders, Jr., candidate for Judge of the Family Court of the Eighth Judicial Circuit, Seat #1;
Richard W. Chewning, III, candidate for Judge of the Family Court of the Eleventh Judicial Circuit, Seat #3;
Douglas K. Kotti, candidate for Judge of the Family Court of the Eleventh Judicial Circuit, Seat #3;
Thomas C. Dillard, candidate for Judge of the Family Court of the
Sixteenth Judicial Circuit, Seat #1;
Robert E. Guess, candidate for Judge of the Family Court of the Sixteenth Judicial Circuit, Seat #1;
H. Clay Carruth, Jr., candidate for Administrative Law Judge, Seats #4, #5 and #6;
John D. Geathers, candidate for Administrative Law Judge, Seat #4;
W. Kenneth Moore, candidate for Administrative Law Judge, Seat #4;
V. Lynn Wiggins, candidate for Administrative Law Judge, Seat #4;
Karen L. Kanes, candidate for Administrative Law Judge, Seat #5;
Ralph K. "Tripp" Anderson, III, candidate for Administrative Law Judge, Seat #6;
John J. Fantry, Jr., candidate for Administrative Law Judge, Seat #6;
Ray N. Stevens, candidate for Administrative Law Judge, Seat #6;
Respectfully submitted,
/s/Rep. James H. Hodges, Chairman
/s/Senator Glenn F. McConnell, Vice-Chairman
/s/Senator Thomas L. Moore
/s/Senator Edward E. Saleeby
/s/Senator John R. Russell
/s/Rep. M.O. Alexander
/s/Rep. Donald W. Beatty
/s/Rep. C. Lenoir Sturkie
On motion of Rep. HODGES, the Report was ordered printed in the Journal.
The following was received and referred to the appropriate committee for consideration.
Document No. 1775
Promulgated By Department of Consumer Affairs
Adjustment of Dollar Amounts
Received By Speaker May 16, 1994
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date April 22, 1995
The following was taken up for immediate consideration:
H. 5214 -- Rep. Walker: A HOUSE RESOLUTION CONGRATULATING LANDRUM HIGH SCHOOL OF SPARTANBURG COUNTY ON WINNING THE STATE CLASS 1A BOYS TRACK CHAMPIONSHIP FOR 1994, AND EXTENDING THE TEAM AND COACHING STAFF THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON THURSDAY, MAY 19, 1994, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED FOR THIS ACCOMPLISHMENT.
Whereas, Landrum High School has won its first state Class 1A boys track championship for 1994; and
Whereas, Head Coach Rob Rhodes' young track squad ended the state meet in Columbia with 80 points, finishing ahead of Pleasant Hill High School of Hemingway with 62 points in second place and Ruffin High School with 57 points in third place; and
Whereas, the Cardinals of Landrum High School worked very hard during the 1994 season, and the team members' talent, dedication, determination, and unity paid off handsomely; and
Whereas, winning a state title is a tremendous achievement, and the House of Representatives is pleased to have this opportunity to recognize and congratulate the boys track team of Landrum High School. Now, therefore,
Be it resolved by the House of Representatives:
That the House of Representatives of the State of South Carolina, by this resolution, congratulates Landrum High School of Spartanburg County on winning the state Class 1A boys track championship for 1994 and extends the privilege of the floor of the House of Representatives to the team and coaching staff on Thursday, May 19, 1994, at a time to be determined by the Speaker of the House of Representatives, for the purpose of being recognized and congratulated for this accomplishment.
Be it further resolved that a copy of this resolution be forwarded to Landrum High School boys track team in care of Head Coach Rob Rhodes.
The Resolution was adopted.
The following was introduced:
H. 5215 -- Rep. Davenport: A CONCURRENT RESOLUTION EXTENDING CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE ONE HUNDRED TEN YEAR OLD FIRST BAPTIST CHURCH OF NORTH SPARTANBURG.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5216 -- Reps. Baxley, H. Brown, M.O. Alexander, T.C. Alexander, Allison, Anderson, Askins, G. Bailey, J. Bailey, Baker, Barber, Beatty, Boan, Breeland, G. Brown, J. Brown, Byrd, Canty, Carnell, Cato, Chamblee, Clyborne, Cobb-Hunter, Cooper, Corning, Cromer, Davenport, Delleney, Elliott, Fair, Farr, Felder, Fulmer, Gamble, Gonzales, Govan, Graham, Hallman, Harrell, Harrelson, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hines, Hodges, Holt, Houck, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Koon, Lanford, Law, Littlejohn, Marchbanks, Martin, Mattos, McAbee, McCraw, McElveen, McKay, McLeod, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Richardson, Riser, Robinson, Rogers, Rudnick, Scott, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Snow, Spearman, Stille, Stoddard, Stone, Stuart, Sturkie, Thomas, Townsend, Trotter, Tucker, Vaughn, Waites, Waldrop, Walker, Wells, Whipper, White, D. Wilder, J. Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and R. Young: A HOUSE RESOLUTION TO EXPRESS IMMENSE GRATITUDE AND APPRECIATION TO MRS. MERLE DAVIS BAXLEY, CELEBRATED CONFECTIONER OF HARTSVILLE, SOUTH CAROLINA, FOR HER KINDNESS, GENEROSITY, AND DELICIOUS HOME BAKED COOKIES.
Whereas, the House of Representatives weekly receives a treat unmatched in generosity and tender loving care from a dear friend in the great Pee Dee; and
Whereas, as a result of this weekly treat, it is interesting to note how the
advice and counsel of a certain Pee Dee representative is widely and frequently
sought, especially when the cookies have freshly arrived; and
Whereas, this selfless endeavor is a labor of love, a display of devotion, and a true testimonial to the great honor and merit of the traditional values of the hearth and home; and
Whereas, these cookies have united Republican and Democrat, brought peace between friend and foe, and even on occasion brought reason to our colleagues in the Senate; and
Whereas, to paraphrase a maxim as espoused in the words of that great statesman, the Pillsbury Dough Boy, "Nothin's as lovin' as something from the oven" of Merle Baxley; and
Whereas, Mrs. Baxley's treats are an amazing array of home baked, mouthwatering delectables that put Famous Amos, Betty Crocker, Molly McButter, and other national gourmets to shame; and
Whereas, these batches of cookies, which arrive at the State House each Tuesday as the House is called to order, bring great pleasure and happiness to the House membership, the staff, the Governor, the Senate, and everyone else fortunate enough to arrive in time to partake; and
Whereas, it is therefore fitting and proper for the House of Representatives to express its immense gratitude and appreciation to our beloved cookie benefactress, Mrs. Merle Davis Baxley, celebrated cookie baker and beloved mother of our own, the Honorable John Michael Baxley. Now, therefore,
Be it resolved by the House of Representatives:
That the House of Representatives, by this resolution, hereby expresses its immense gratitude and appreciation to Mrs. Merle Davis Baxley, celebrated confectioner of Hartsville, South Carolina, for her kindness, generosity, and delicious home baked cookies.
Be it further resolved that a copy of this resolution be forwarded to Mrs. Merle Davis Baxley.
The Resolution was adopted.
The roll call of the House of Representatives was taken resulting as
follows.
Alexander, M.O. Alexander, T.C. Allison Anderson Askins Bailey, G. Bailey, J. Barber Baxley Beatty Boan Breeland
Brown, H. Brown, J. Byrd Cato Chamblee Cobb-Hunter Corning Davenport Fair Felder Fulmer Gamble Hallman Harrell Harrelson Harris, J. Harris, P. Harrison Haskins Hines Hodges Holt Hutson Inabinett Jennings Keegan Kelley Kennedy Kirsh Koon Lanford Law Littlejohn Marchbanks Martin Mattos McAbee McCraw McKay McMahand McTeer Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Richardson Riser Robinson Rudnick Scott Sharpe Sheheen Simrill Smith, D. Smith, R. Snow Spearman Stille Stoddard Stone Stuart Thomas Townsend Tucker Vaughn Waites Waldrop Walker Wells Whipper White Wilder, D. Wilder, J. Wilkes Williams Witherspoon Wofford Worley Wright Young, A. Young, R.
Printed Page 7010, May 17
| Printed Page 7030, May 17
|