Journal of the House of Representatives
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995
Page Finder Index
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| Printed Page 3730, May 23
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Printed Page 3720 . . . . . Tuesday, May 23,
1995
3,032 @ $5.00 each . . . . .15,160.00
Total $. . . . .15,170.00
Accounting:
Cash on Hand $. . . . .10.00
Cash Deposited in State's
General Fund . . . . .15,160.00
Total $. . . . .15,170.00
An itemized list of the purchasers of the Manual is available in the Clerk's
Office.
Sandra K. McKinney
Clerk of the House
REPORT RECEIVED
Joint Legislative Committee for Judicial Screening
Report of Candidate Qualifications
Date Draft Report Issued: Friday, May 19, 1995
Date and Time Final Report Issued: Tuesday, May 23, 1995--10:00 a.m.
Judicial candidates are not free to seek or accept commitments until Tuesday,
May 23, 1995, at 10:00 a.m.
Candidates for Seat 2 of the Family Court of the Fifth Judicial Circuit are
not free to seek or accept commitments until further notice because the
application filing period for that seat has been reopened.
Printed Page 3721 . . . . . Tuesday, May 23,
1995
Summary Chart
Circuit Court Candidates
Candidate: Beatty
Candidate: Paslay
Exper.: *
Candidate: Rollins
Family Court Candidates
Candidate: Abbott
Candidate: Alford
Candidate: Anderson
Exper. *
Candidate: Bonnoitt
Candidate: Buchan
Candidate: Butcher
Exper. *
Candidate: Byars
Printed Page 3722 . . . . . Tuesday, May 23,
1995
Candidate: Charles
Findings: *
Comp. with Canons: *
Candidate: Chewning
Candidate: Creech
Candidate: Edwards
Candidate: Fanning
Candidate: Foster
Candidate: Fraley
Candidate: Garfinkel
Candidate: Henderson
Candidate: Inabinet
Candidate: Jefferson
Candidate: Johnson
Candidate: Kelly
Candidate: Kinon
Candidate: Kittredge
Candidate: Lawrence
Printed Page 3723 . . . . . Tuesday, May 23,
1995
Candidate: Mack
Candidate: McClain
Candidate: Mobley
Candidate: Morehead
Candidate: Murdock
Candidate: Myers
Candidate: Paslay
Exper.: *
Candidate: Riddle
Candidate: Rogers
Findings: *
Comp. with Canons: *
Legal Ability: *
Temperament: *
Dilig.: *
Candidate: Saunders
Candidate: Sawyer
Candidate: Smoak
Candidate: Turbeville
Candidate: Watson
Candidate: Williams
Printed Page 3724 . . . . . Tuesday, May 23,
1995
Several candidates' knowledge of the rules of practice and procedure in the
court to which they aspire exceeded the Joint Committee's expectations. Those
candidates are as follows:
The Honorable Wayne M. Creech
The Honorable Donald A. Fanning
Paul W. Garfinkel, Esquire
The Honorable John W. Kittredge
The Honorable Berry L. Mobley
The Honorable A. E. Morehead, III
The Honorable J. L. Murdock, Jr.
H. Bruce Williams, Esquire
Introduction
The Joint Legislative Committee for Judicial Screening is charged by law to
consider the qualifications of candidates for the judiciary. The Joint
Committee has carefully investigated the candidates currently set for screening
and found thirty-eight candidates qualified for judicial office and one
candidate not qualified for judicial office. The Joint Committee did not reach
a finding as to one candidate's qualifications as four members of the Joint
Committee voted to find the candidate qualified and four members voted to find
the candidate not qualified. This report details the reasons for the Joint
Committee's findings and each candidate's qualifications as they relate to the
Joint Committee's nine evaluative criteria.
The Joint Committee's last report, issued in March of 1995, indicated that
the Joint Committee had found all candidates treated in that report to be
"legally qualified." The Joint Committee defined the term
"legally qualified" to mean that the candidates met the requirements
for judicial office set forth in the South Carolina Constitution. The Joint
Committee determined that each candidate treated in this report meets the
constitutional and statutory requirements for the judicial office. The Joint
Committee did, however, also make an overall finding as to whether each
candidate was qualified or not qualified for service on the bench. The Joint
Committee returned to its long-standing practice of making an overall finding as
to candidate qualifications (and not simply a finding of legal
qualification) because numerous members of the General Assembly requested that
the Joint Committee do so, and the Joint Committee believes that its report will
be more helpful to members of the General Assembly if it includes an overall
finding as to each candidate's qualifications.
Printed Page 3725 . . . . . Tuesday, May 23,
1995
The Joint Committee conducts a thorough investigation of each candidate's
professional, personal, and financial affairs, and holds public hearings during
which it questions each candidate on a wide variety of issues. The Joint
Committee's investigation focuses on nine evaluative criteria. These evaluative
criteria are: integrity and impartiality; legal knowledge and ability;
professional experience; judicial temperament; diligence and industry; mental
and physical capabilities; financial responsibilities; public service; and
ethics. The Joint Committee's investigation includes the following:
(1) survey of the bench and bar;
(2) SLED and FBI investigation;
(3) credit investigation;
(4) grievance investigation;
(5) study of application materials;
(6) verification of ethics compliance;
(7) search of newspaper articles;
(8) conflict of interest investigation;
(9) court schedule study;
(10) study of appellate record;
(11) court observation; and
(12) investigation of complaints.
While the law provides that the Joint Committee is to make findings as to
qualifications, the Joint Committee views its role as also including an
obligation to consider candidates in the context of the judiciary on which, if
elected, they will serve and, to some degree, govern. To that end, the Joint
Committee inquires as to the quality of justice delivered in the courtrooms of
South Carolina and seeks to impart, through its questioning, the view of the
public it represents as to matters of legal knowledge and ability, judicial
temperament, and the absoluteness of the Judicial Canons as to recusal for
conflict of interest, prohibition of ex parte communication, and the
disallowance of the acceptance of gifts.
The Joint Committee expects each candidate to possess a basic level of legal
knowledge and ability, to have experience that would be applicable to the office
sought, and to exhibit a strong adherence to codes of ethical behavior. These
expectations are all important and excellence in one category does not make up
for deficiencies in another.
This report is the culmination of weeks of investigatory work and public
hearings. The Joint Committee takes its responsibilities very seriously as it
believes that the quality of justice delivered in South Carolina's courtrooms is
directly affected by the thoroughness of its screening process. Please
carefully consider the contents of this report as we believe
Printed Page 3726 . . . . . Tuesday, May 23,
1995
it will help you make a more informed decision. If you would like to
review portions of the screening transcript or other public information about a
candidate before it is printed in the Journal, please contact Michael Couick or
Nancy Goodman at 212-6610.
This report conveys the Joint Committee's findings as to the qualifications
of all candidates currently offering for election to the circuit and family
court. In addition, the Joint Committee has found the Honorable John Black, the
Honorable Luke N. Brown, Jr., the Honorable Clyde K. Laney, Jr., the Honorable
Robert R. Mallard, the Honorable William J. McLeod, and the Honorable Willie T.
Smith, Jr., qualified for continued service as retired judges and has
communicated its findings to the Supreme Court by way of a letter to the Chief
Justice.
Donald W. Beatty, Esquire
Candidate for the 7th Judicial Circuit
Joint Committee's Finding: Qualified
Mr. Beatty was screened on May 9, 1995, after a thorough investigation. The
Joint Committee's findings as they relate to the nine evaluative criteria are as
follows:
(1) Integrity and Impartiality:
Mr. Beatty demonstrated an understanding of the Canons of Judicial Conduct
and other ethical considerations important to judges.
(2) Legal Knowledge and Ability:
The Joint Committee found Mr. Beatty to be intelligent and knowledgeable.
His performance on the Joint Committee's practice and procedure questions met
expectations.
Mr. Beatty indicated on his application that he has never requested a
Martindale-Hubbell rating.
Mr. Beatty reported that he has been sued over a disputed title opinion, but
that the case was dismissed.
(3) Professional Experience:
Mr. Beatty has taught Business Law at Limestone College.
Mr. Beatty described his legal experience as follows:
(a) 1979-1981: Neighborhood Legal Assistance Program, Civil Practice, with
emphasis on domestic, consumer, and public benefits.
(b) 1981-1988: Sole practitioner -- General Practice
(c) 1988-1992: Beatty, Vick & Tullis -- General Practice
(d) 1992-Present: Beatty Law Firm -- General Practice
Mr. Beatty indicated on his application that he appears in federal court on
an "infrequent" basis and appears in state court "once or twice
Printed Page 3727 . . . . . Tuesday, May 23,
1995
a week on the average." He described his practice as 40% civil, 25%
criminal, and 35% domestic. He indicated that 10% of his practice involves jury
matters and the other 90% is non-jury.
Mr. Beatty provided the Joint Committee with 5 of the most significant
litigated matters he has handled. He described those matters to consist
of:
(a) the defense of a retarded man who could not read, count, or handle his own
affairs accused of leading a drug dealing ring;
(b) the defense of a man accused of the armed robbery of a motel who was
identified in a tainted line-up and later acquitted;
(c) an action for payment of a credit life policy where the salesman
intentionally completed the application forms incorrectly after learning
of the insured's heart condition;
(d) the defense of an informant charged as a co-defendant in a drug
trafficking case; and
(e) a workers' compensation action wherein the claimant's supervisors
persuaded the claimant not to file the claim and later attempted to use
the statute of limitations as a defense to the action for payment.
Mr. Beatty has never handled a civil or criminal appeal.
In response to the Joint Committee's request for a list of matters Mr. Beatty
has taken to trial over the past 2 years, Mr. Beatty provided
the Joint Committee with the following list of matters:
(a) Jeter v. Chapell: Auto accident involving a school bus.
Representing claimant in this matter which is still pending.
(b) Love v. Foster & Petrea: Real estate transaction dealing with
fraud. Took the matter to trial.
(c) Littlejohn v. Crestview Villa Apts.: Case dealt with failure of
the landlord to repair leased premises. A child fell and was injured.
(d) Littlejohn v. Community Cash: False arrest matter.
(e) Shannon Rodgers by GAL v. Cherokee County School District: Tort
Claims Act matter in which Mr. Beatty represented a school child who was
injured playing football. Claim was for negligent repair of equipment.
This matter is still pending.
(f) Keith Johnson & Jolette Johnson v. Atlantic Insurance, et al:
Real estate transaction matter in which the house burned after the
contract was signed but before closing. Took to trial.
(g) Jones v. Hooper Exterminating Co.: Auto accident case.
(h) Glenn v. Cloonan: A civil matter.
Printed Page 3728 . . . . . Tuesday, May 23,
1995
(i) Ebenezer Baptist Church v. Peak Construction Co.: Action to
recover for construction defects. Mr. Beatty represented the church and
took the matter to trial.
(j) Davis V. Pettit Construction Co. and Masonry, Inc.: Mr. Beatty
represented the masonry company in this action for wrongful discharge and
recovery of outstanding wages. Took to trial.
(k) State v. Ben Gibson: A criminal matter.
The Joint Committee determined that Mr. Beatty had engaged in an active trial
practice, marked by a degree of breadth and sophistication.
(4) Judicial Temperament:
The Joint Committee believes that Mr. Beatty's temperament would be
excellent.
(5) Diligence and Industry:
Mr. Beatty is married with 3 children, ages 16, 6, and 2. Mr. Beatty was
punctual and attentive in his dealings with the Joint Committee, and the Joint
Committee's investigation did not reveal any problems with his diligence and
industry.
(6) Mental and Physical Capabilities:
Mr. Beatty appears to be mentally and physically capable of performing the
duties of the office he seeks.
(7) Financial Responsibility:
The Joint Committee's investigation did not reveal any evidence of a troubled
financial status. Mr. Beatty has managed his financial affairs
responsibly.
(8) Public Service:
Mr. Beatty served on active duty in the U.S. Army from 1974 to 1976 and in
the Army Reserves from 1976 to 1981. Mr. Beatty served on the Spartanburg
City Council from 1988 to 1990 and in the House of Representatives from 1991
to the present.
Mr. Beatty reported membership in the following civic organizations:
(a) Spartanburg Progressive Men's Club (Parliamentarian);
(b) Omega Psi Phi Fraternity (President of Chapter);
(c) Spartanburg Development Council;
(d) Spartanburg Chamber of Commerce;
(e) NAACP;
(f) Legislative Black Caucus (Chairman of House Caucus and Chairman-Elect of
entire caucus);
(g) Spartanburg Residential Development Corporation;
(h) Southside Neighborhood Associations Partnership;
(i) Piedmont Legal Services Board of Directors;
(j) Branch Bank & Trust Advisory Board; and
Printed Page 3729 . . . . . Tuesday, May 23,
1995
(k) Fluor Daniel/BMW Advisory Board.
(9) Ethics:
Mr. Beatty testified that he has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator
pending the outcome of screening; or
(c) asked third persons to contact members of the General Assembly prior to
screening.
(10) Miscellaneous:
Mr. Beatty meets the constitutional requirements for the office he seeks.
The Bar found Mr. Beatty qualified and said:
He is perceived as having the intellect and temperament for the position.
While his trial experience has not been extensive, those interviewed believed
that this factor would not prevent him from performing adequately as a
circuit court judge. He has demonstrated his ability and willingness to
learn.
Representative Beatty would not show partiality or favoritism to either
litigants or attorneys.
His judicial temperament is expected to be excellent.
The Honorable James B. Paslay
Candidate for the 7th Judicial Circuit & for the
Family Court of the 7th Judicial Circuit
Joint Committee's Finding: Qualified
Mr. Paslay was screened on May 10, 1995, after a thorough investigation. The
Joint Committee's findings as they relate to the nine evaluative criteria are as
follows:
(1) Integrity and Impartiality:
Mr. Paslay demonstrated an understanding of the Canons of Judicial Conduct
and other ethical considerations important to judges.
(2) Legal Knowledge and Ability:
The Joint Committee found Mr. Paslay to be intelligent and knowledgeable.
His performance on the Joint Committee's practice and procedure questions met
expectations.
Mr. Paslay was during law school:
(a) the winner of the Samuel L. Prince Moot Court Competition;
(b) a member of law review and editor of the law review book; and
(c) a member of a 3-person national moot court team.
Mr. Paslay has never been appealed in a reported appellate decision.
Mr. Paslay has given the following law-related lectures:
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