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 7320 . . . . . Wednesday, May 25, 1994
Rep. J. MICHAEL BAXLEY

ELECTION OF AN ASSOCIATE JUSTICE

OF THE SUPREME COURT

The President announced that nominations were in order for an Associate Justice of the Supreme Court.

Rep. HODGES stated that the following candidates had been screened and found qualified: the Honorable Ralph King Anderson, Jr., the Honorable Julius H. Baggett, the Honorable Randall Theron Bell, the Honorable E. C. Burnett, III, the Honorable J. Ernest Kinard, Jr., the Honorable Costa M. Pleicones and the Honorable Charles B. Simmons, Jr.

Rep. HODGES stated that the following candidates had withdrawn their names from consideration: the Honorable Julius H. Baggett and the Honorable Charles B. Simmons, Jr.

SPEAKER SHEHEEN nominated the Honorable J. Ernest Kinard, Jr. as follows:

"Mr. President, Mr. Speaker Pro Tem, members of the Joint Assembly...I rise today to place in nomination the name of J. Ernest Kinard, Jr. A native of Newberry, South Carolina, he grew up on a farm there. I rise to tell you about him today and to place his name in nomination for several reasons. One of those is when I think of a Supreme Court Justice, and a man who sits on the current Circuit bench, I think of someone who must have an even temperament, a keen intellect, an understanding of people and a willingness to work hard. Judge Kinard has exhibited that. He has served in the Circuit bench in the Fifth Judicial Circuit as Resident Judge since 1988. I hasten to add that since he survived the practice of law with me for 18 years, it says something about his stamina and ability to perform in adverse circumstances. When I rose to the podium to nominate him for a Circuit Court judgeship, right before I came to the podium, someone asked me why I was nominating Ernest for the Circuit Bench and I told them because he was the smartest lawyer in my law firm. They all looked at me a little cross eyed and asked if I really meant that and I said, yes, I will have to admit that he is the smartest lawyer in my law firm. He has gone on to prove that to the Fifth Circuit Bench and Bar and the trial of cases and serving as the Administrative Judge for both General Sessions and Common Pleas Court here in Columbia numerous times. He disposes of more cases in this

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circuit on a regular basis along with the others than almost any other circuit in the State. As you know, all of the state government litigation occurs here in Richland County in the Fifth Circuit. He comes back to Camden to hold court and passes the real true test of a Circuit Judge who leaves and comes home to hold court as so many of our Circuit Judges do. He had the respect of both the plaintiff and the defense bar. Many of you have been contacted about his candidacy from plain old ordinary citizens in his community. He has lived in Camden since he came there to practice law following his graduation from Law School at the University of South Carolina in 1964. He has reared a family of three children. His two daughters are now school teachers and married. His son, John, is a banker in Lancaster and he and his wife still reside there in Camden. When I think of an Appellate Court Judge, I think of someone who is a little bit different than a trial court judge. I complain about Judge Kinard sometimes when he makes me start court at 9:00 on Monday morning and the trial of cases rather than waiting until 10:00 or when he carries us over until late in the afternoon for the convenience of jurors so that they don't have to spend extra time in the Court room, but I complain only privately to other lawyers because I know that is best for the judicial system and I know that is best for the administration of justice and respect for the judicial system. He has done that well, but he has those attributes which will qualify him even more as a superior Appellate Judge. To be an Appellate Court Judge, you have got to have some prospective about how the law has developed. You have got to be a student of the law. You have got to understand the history of the law. You have got to understand why we are where we are today and how the law has developed to get us here. In addition to that, you have got to apply your experiences which he has on the Circuit Court Bench in the pit everyday helping decide citizens rights in South Carolina. You have got to apply that historical perspective and your experience to have a vision of where the law ought to go in the future. So that is why I stand here today, not because he is a personal friend, but because I have experienced him as a lawyer and as a student of the law and as a judge, as a man who has the prospective of why we are where we are today and a vision of where the law has to develop in the future. He is a man of even temperament, keen intellect and a willingness to work. I am proud to place in nomination the name of J. Ernest Kinard, Jr."

Representative WALDROP and Senator Lander seconded the nomination of J. Ernest Kinard, Jr.

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Rep. BAXLEY nominated the Honorable Ralph King Anderson, Jr. as follows:

"Mr. President, Mr. Speaker, ladies and gentlemen of the Joint Assembly, distinguished guests...It is my privilege today to stand before you and nominate one of South Carolina's most distinguished and dedicated public servants for the South Carolina Supreme Court. A man who has given freely of himself in service to our State including fifteen years as a respected circuit court judge and six years as an active member of this General Assembly. That man is Ralph King Anderson, Jr. Today, this body faces an important decision -- a decision that may very well set the course of our state government for the next decade. If each of the sitting members of the Supreme Court serve until the age of mandatory retirement, it will be nine years before there is another vacancy on the court. Nine years will bring us into the 21st century, and transcend the tenure that most of us will have here. It was Charles Evans Hughes who said `We are under a constitution, but the constitution is what the judges say it is, and therefore the judiciary is the safeguard of our liberty, our democracy, and our property.' We have a tendency in this body to make a quick decision and move on to the next crisis of the moment, but I assure you that there will be no decision of greater importance for the 110th General Assembly of the State of South Carolina than the one which we make today. I count it an honor and a privilege to nominate Ralph King Anderson for this important position and would like to share with you briefly this afternoon several reasons which his supporters respectfully submit make him the best candidate for this job. First, Ralph Anderson, through hard work and sheer determination, has risen from humble beginnings to the top of his profession. Fifty-eight years ago, he was born on a tobacco farm in rural Florence County. The oldest of five children, he worked every day before and after school to help run the farm. As Judge Anderson put it, there were only three times that he wasn't working -- when in school, on Sunday, and when darkness drove them from the fields. In terms of economic wealth, the family had very little. But they had the support and love of one another. The family rejoiced, and it was an answer to prayer, when Ralph Anderson became the first member of his family ever to graduate from high school. But he didn't stop there. He went on to Clemson, worked and paid his way through college, and did so well that after three years he was accepted at the USC law school. In addition to his difficult studies, he worked two jobs to put himself through law school. Second, Ralph Anderson's upbringing has given him an unparalleled work ethic on the judiciary. He keeps long and rigorous hours, and it's not uncommon for him to start hearings at 7:30 a.m. and

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quit for the day at 7:00 p.m. -- not because he has to, but because he is willing to. When a county docket is backlogged, the court administration sends Ralph King Anderson because they know he will get the job done. The members of the Bar recognize and appreciate Judge Anderson's work ethic. You know, it's been said that lawyers can be a cutthroat bunch, and I don't know what misguided person said that, but I do know this. In response to the Bar Association's anonymous survey about our judicial candidates, a time when lawyers could cut a judge to pieces without fear of being identified, rated Judge Ralph King Anderson of unquestionable character and integrity, and the number one judge in the State in knowledge of the law and application of court rules. Third, Ralph King Anderson has a distinguished record of public service. During his tenure in the General Assembly, he consistently fought for the little guy, those hundreds of thousands of our constituents who work too hard to come to these halls to express an opinion, who can't afford to hire a lobbyist, but whose tax dollars and loyalty allow this legislature to function. Do you remember the Christmas classic `It's a Wonderful Life' where Clarence the Angel, gave Jimmy Stewart the unique opportunity to see what his community would be like had he not been born? Although there are many examples that emphasize how our lives -- yours, mine, and all South Carolinians -- would be different if Ralph King Anderson had not come our way and given of himself through public service. Ralph Anderson was the chief sponsor of legislation to create the position of Consumer Advocate in South Carolina. Perceiving that the average citizen was getting run over in the business world, he fought the utilities, the banks, the dairy commission, and about every other organized business entity of that time to create the Consumer Advocate. It took six years, but he never gave up. This year, 70,000 South Carolinians, mine and your constituents, who most often have no other place to turn, will be assisted by South Carolina's Consumer Advocate. Fourth, Ralph King Anderson brings great compassion to his judicial duties. You may recall some years ago reading in the press about a South Carolinian who pled guilty to two crimes simultaneously, one of which was a driving offense carrying a sentence of only 30 days and the other of which carried a term of years. Somehow, and I know you will find this inefficiency hard to believe in our government, but at the end of 30 days, the door swung open and he was released. But he didn't flee, in fact he lived right there in the community, and he returned home, went to work, supported his family, and was a model citizen. Ten years later, somehow, some way, the mistake was discovered, and the police went to his home and in front of friends and family arrested him and took him away. They even considered charging
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him with escape when they were the ones that opened the door and told him to go. Now you be the judge -- should society's demand for retribution ten years later put that man in prison? Or, was it clear that rehabilitation had occurred, and society's interest would be better served by using that prison bed for a violent criminal, while this peaceful man went about his life and raised his family? In an opinion published nationwide by the National Law Journal, Judge Anderson returned the man to his family and his job, where he still today leads an exemplary life. Fifth and finally, Judge Ralph King Anderson is the best man for this job because of his overwhelming love and dedication to his family. Most of you know, I'm sure, that Judge Anderson's son, Tripp, who was just elected, is wheelchair bound. But what you may not know is that Judge Anderson's wife, Loretta, who we are pleased to have with us in the balcony, is also wheelchair bound. Throughout his career -- legislative, judicial, and even as a candidate for the Supreme Court, he's put in a full day's work, but you don't see him here at night, running around to receptions or parties. That's because he's at home, with his wife, with his family. We all are guilty of coming up here and getting wrapped up in State House politics and forgetting what's important to people back home in the towns and cities of this State. When we get up here we may think `State House deals' and coalition building is more important than listening to our people's voices. I lose sight. But, if you step back for a moment and reflect on it and ask yourself `What kind of person do the citizens in my district want me to put on our State's highest court?' A person who is a real straight arrow, unquestioned integrity, honesty, fairness, who is a true intellect and will challenge the court and staff intellectually instead of simply accepting input of young staff attorneys who draft opinions over there. Also, a person who has a strong work ethic, a true workaholic who gives back far more than he receives. In Ralph King Anderson, we have a candidate who embodies these qualities, a man who has exactly what your people back home want in a Supreme Court Justice. By voting for him, you can hold your head high, you can look over yourself in the mirror and say `I did the right thing for my state.' Ladies and gentlemen, I have no doubt that Ralph King Anderson is the best candidate for the Supreme Court and am proud to place his name in nomination. Thank you."

Representatives McLEOD, NEILSON, ASKINS, HARWELL, ELLIOTT, HOUCK, Senator Leatherman, Representatives McKAY, CROMER, HARVIN, HOLT, Senator Rankin and Representatives

Printed Page 7325 . . . . . Wednesday, May 25, 1994
MARTIN, JENNINGS, KELLEY, WITHERSPOON and KOON seconded the nomination of Ralph King Anderson, Jr.

Senator Patterson nominated the Honorable Costa M. Pleicones as follows:

"Thank you very much Mr. President, Mr. Speaker, colleagues of the General Assembly...It gives me a great deal of pleasure and satisfaction to rise and place in nomination my longtime friend, Costa M. Pleicones. Judge Pleicones has served well. He was born in Greenville, South Carolina back in 1944 but his parents had the vision and intelligence to move to Columbia, South Carolina. He completed the public schools here and graduated from Columbia High School and for some reason, he went back to Greenville and finished Wofford College in 1965, but then he, too, had vision and he moved back to Columbia and finished USC Law School. He has been an outstanding lawyer here in South Carolina. He has taught courses to law students planning to enter the Bar. He has been admitted to the South Carolina Supreme Court, Military Court of Appeals, Fourth Judicial Circuit, South Carolina. He has been a prosecutor here in South Carolina. He has served as a public defender. He has tried many cases all the way from murder charges through magistrate and municipal court. He has served as a county council attorney here in Richland County. He is a partner in Lewis, Babcock, Pleicones and Hawkins. He has been a municipal judge in Columbia. He is a United States Army Reserve Colonel. His credentials will go on and on. The Committee found him to be a man of compassion, respectful for litigants, respectful for lawyers while maintaining decorum in the court room. I know as a judge, that when we go before a judge, we expect justice, but not only justice, but we look for a little mercy. And Costa Pleicones reminds me of a part of the scripture, where it says to let justice roll down like the waters and righteous as a mighty stream, that is Pleicones as I know him. He has served more than seven times on the South Carolina Supreme Court as a justice helping them out there. The Judicial Qualifications Committee found him to be a man of high intelligence and a very intelligent judge, well prepared. He makes rulings that personally he might not agree with, but he knows it is the law and he hands down the right decisions. He has been known to be fair to litigants and display no bias and favors for or against particular litigants or decisions. He has temperament on the bench and is considered to be outstanding. The Committee found him to be a man of character and integrity unquestioned above and beyond reproach. He tries to help people from the bench. Victor Hugo says that if a soul is left in darkness, sins will be committed

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and the guilt to one is not he who necessarily commits the sin, but he who causes the darkness. Costa Pleicones has helped us in the community, not only on the bench, but he has helped us in our communities by coming in the communities, teaching our children the things that they ought to do in our elementary schools, middle schools, and high schools. I have known him for many, many, years and for that reason, ladies and gentlemen, it is a pleasure and an honor for me to present and nominate to you my friend, Costa Pleicones. Thank you very much."

Representatives TUCKER, BYRD, SCOTT, WAITES, Senators Leventis, Courson, Representative HARRISON, Senator Jackson, Representative SHISSIAS, Senator Wilson, Representatives ROGERS and NEAL seconded the nomination of Costa M. Pleicones.

Senator Setzler nominated the Honorable Randall T. Bell as follows:

"Mr. President, Mr. Speaker, my esteemed colleagues in the House and Senate...I rise for the first time today in 18 years in this General Assembly to nominate someone to the Supreme Court in South Carolina. I rise to nominate my friend, my constituent and our Judge, Judge Randall T. Bell, of the South Carolina Court of Appeals, for election to the Supreme Court of South Carolina. I am going to dispense with the customary biographical information about Judge Bell, except to say he is a good family man and his wife is in the balcony with him and he is an active member of his church. Members of the General Assembly who are interested in other aspects of Judge Bell's career have probably already read the Legislative Manual or the Screening Committee Report. Ladies and Gentlemen, I want to go straight to what should be uppermost in the mind of this Joint Assembly today -- Judge Bell's exceptional qualifications for serving on the Supreme Court of our great State. Our own Joint Judicial Screening Committee reports that as a member of the Court of Appeals for over ten years, Judge Bell has researched and written hundreds of scholarly judicial opinions. The Committee considers him to be `highly intelligent, with outstanding analytical ability.' It also finds his ethics are `unassailable.' The Judicial Qualifications Committee of the South Carolina Bar has this to say about Randy Bell, `Judge Bell has been a judge of the South Carolina Court of Appeals for over ten years. In that capacity, he has distinguished himself with scholarly and learned opinions and has been an active, well-prepared participant in oral arguments before the Court.' Judge Bell is generally perceived as a brilliant jurist, qualified for service at the highest level of whether State or Federal judiciary. His work habits, temperament, personal traits and integrity are absolutely

Printed Page 7327 . . . . . Wednesday, May 25, 1994
beyond question. The Columbia Lawyers Association has unanimously endorsed Judge Bell for election to the Supreme Court. The Columbia Lawyers Association is a voluntary professional association of black attorneys in the Midlands. I am told it has over 150 members. Of the several judges from the Midlands Area who filed for this seat, only Judge Bell has been endorsed by the Columbia Lawyers Association. This is what the Association's membership has to say about Randy Bell, `Judge Bell has an impeccable reputation as an impartial jurist whose decisions are based on the law rather than the identity of the lawyers or the parties in the case. The membership of the Columbia Lawyers Association finds Judge Bell to be open, favorable, frank, honest, fair and helpful. He has a strong commitment to the concerns and cares of African Americans. A leading newspaper in South Carolina recently had this to say about Judge Bell, Judge Bell is easily the most impressive legal intellect among the candidates for the state's highest court. When one counts his service with the state attorney general's office, his teaching at the USC School of Law and his intervening private practice, he is also the most broadly experienced of the candidates. Ladies and Gentlemen, I need not labor the point. On the merits, Judge Bell clearly stands out from the other candidates -- all of whom are -- to be sure -- capable and qualified trial court judges. However, Judge Bell's qualifications are exceptional. Judge Bell already has more years of experience on the appellate bench than any member of the Supreme Court on which he will serve if we elect him today. He is the only candidate before us who is an experienced appellate judge. Judge Bell not only has an enviable reputation in South Carolina; he also is regarded as an outstanding appellate judge across the nation. He is the only member of the National Institute for Appellate Advocacy from South Carolina. Membership in the Institute is by invitation only and is limited to state and federal judges who are recognized as the best on the appellate bench nationwide. He is also a member of the American Law Institute, the most prestigious legal organization in America. Membership in the ALI is also by invitation only and is limited to less than one-half percent of all lawyers and judges in America. All of this makes Judge Bell the obvious choice for the Supreme Court. Ladies and Gentlemen, I have had conversations with other members about this Supreme Court election. Not once have I heard any member of this General Assembly disagree that Judge Bell's qualifications are exceptional. As members of the General Assembly, we are statewide constitutional officers. We are charged with the public trust -- to put the common good above all else. Each of us can come up with personal excuses to vote for some other candidate. But if we vote on the merits today, the vote we must cast is
Printed Page 7328 . . . . . Wednesday, May 25, 1994
clear. We should elect Judge Bell. Ladies and Gentlemen, it is with great pride and honor that I place in nomination the name of a brilliant jurist, an experienced appellate jurist -- Judge Randall T. Bell -- for election to the Supreme Court of South Carolina. Thank you."

Representatives SIMRILL, STUART, GAMBLE, MEACHAM, MOODY-LAWRENCE, Senator Drummond, Representative RISER, Senator Thomas, Representative FULMER and Senator Ryberg seconded the nomination of Randall T. Bell.

Senator Courtney nominated the Honorable E. C. Burnett, III as follows:

"Ladies and gentlemen, members of this Joint Assembly...I want you to know that the first time that I met E. C. Burnett, I was a young college student at Wofford College in Spartanburg, South Carolina and he was a young practicing attorney there. There is not that much age difference between us, only a decade or two, but I remember at the time that we had an interim program that allowed students going to law school to work with attorneys and have advice of the attorneys. We were having trouble getting the attorneys in Spartanburg to participate. They didn't want to give their time. I met E. C. Burnett through that program, because he was one of the only ones who was willing to give his time to those students. In that capacity, he advised us and let us come to his office individually and in the court rooms. He gave his time to us, not because there was any fee involved for him and not because he was running for anything, but because he wanted to help. The next time I met him, I was out of law school and practicing law and I found myself along side in some cases with him and I quickly learned that he was a man of his word. When he told you that he agreed to something, he stuck to it and did stand back. I remember when we had a real bad situation in the office of the Clerk of Court in Spartanburg which resulted in criminal charges being brought against the Clerk and one or two of his assistants. The integrity of E. C. Burnett was such that out of all the community, the local delegation asked him if he would step in temporarily and try to straighten it out. He volunteered his time to straighten out a very messy situation. He restored confidence in the office of the Clerk of Court and he did it again sacrificing his office and the income that he could receive from that. We talk about qualifications and I would like for you to listen to the background of Judge Burnett. He was elected as Probate Judge in Spartanburg County in 1976 and there he served for four years. He had to make decisions himself, no jury. He has to decide how to interpret

Printed Page 7329 . . . . . Wednesday, May 25, 1994
wills. He served well and as a result, he was elected for Family Court in Spartanburg. There is no more stressful situation than that. He had to make heart wrenching decisions whether to separate a family and who were the children going to live with, who received what property, who would be charged as an adult criminal. It was a very difficult decision. He did serve again and was elected as a Circuit Judge. He has now served for 13 years as a Circuit Judge, one of the more senior judges. He has always run an efficient court room. He knows that justice delayed is justice denied. I have seen him work into the night many times. He has held court on weekends knowing how important it is to keep the cases moving. He has handled every type of civil case from small car to complex accidents, to murder cases and he has absolutely distinguished himself as a circuit court judge. He has served throughout the State of South Carolina. He has always been one that made a lawyer do his or her job. You knew that you better be prepared when you came into the court room. He knew that a client had paid hard earned money for you to represent them. He insisted that you give them your best. He is efficient and fair. I would ask that you consider him. I think everyone is qualified, but as Senator Setzler said, there are many candidates filed from the Midlands. Judge Burnett is the only one from the upstate and the upstate area with the large part of the population and the large part of the economy that it contributes, had no representation on the Supreme Court. Please consider that, but aside from that, I want to close that he is a hard working man who has served his country, from 1964-66 in the armed forces including Vietnam, has been married to his wife Jamie for 30 years and has three children, he is an elder at Mt. Calvary Baptist Church, a former member of the House of Representatives and always active in the community. I cannot think of anyone who has the background and experience to be more qualified to serve as an Associate Justice on the Supreme Court and at this time, I place his name in nomination. Thank you."

Representatives D. WILDER, STODDARD, BEATTY, WALKER, DAVENPORT, LITTLEJOHN, D. SMITH, PHILLIPS, ANDERSON, VAUGHN, A. YOUNG, Senators Mitchell, Peeler, Representatives McCRAW, LANFORD, WOFFORD, WILKES and Senators Russell and Reese seconded the nomination of E. C. Burnett, III.

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