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 3760 . . . . . Tuesday, May 23,
1995
(4) Judicial Temperament:
The Joint Committee believes that Judge Creech's temperament would be
excellent.
(5) Diligence and Industry:
Judge Creech 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.
Judge Creech is married with 4 children, ages 24, 13, 10, and 6.
(6) Mental and Physical Capabilities:
Judge Creech 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. Judge Creech has managed his financial affairs
responsibly.
(8) Public Service:
Judge Creech has been a member of the bench since 1988.
Judge Creech is an active member of his church.
(9) Ethics:
Judge Creech 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:
Judge Creech meets the constitutional and statutory requirements for the
office he seeks.
The Bar found Judge Creech qualified and said:
The people interviewed generally perceive him as intelligent, tough but
fair, and a hard worker.
He is perceived to be unbiased.
Judge Creech is conscientious and takes his job seriously.
He is respected by lawyers and possesses an excellent judicial
temperament.
Printed Page 3761 . . . . . Tuesday, May 23,
1995
The Honorable Tommy B. Edwards
Candidate for Re-election to the Family Court
of the 10th Judicial Circuit
Joint Committee's Finding: Qualified
Judge Edwards was screened on May 4, 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:
Judge Edwards 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 Judge Edwards to be intelligent and knowledgeable.
His performance on the Joint Committee's practice and procedure questions met
expectations.
Judge Edwards has never been appealed in a reported appellate decision.
Judge Edwards has been an instructor in juvenile and criminal law at Tri-
County Technical College. He has also been an instructor at the S.C.
Constable Training Program, a faculty advisor at the National College of
District Attorneys, and a panel member at the Juvenile Justice Update
conducted during the Solicitor's Conference in 1994.
(3) Professional Experience:
Judge Edwards was admitted to the S.C. Bar in 1976 and to the Montana Bar in
1977.
(4) Judicial Temperament:
The Joint Committee believes that Judge Edward's temperament would be
excellent.
(5) Diligence and Industry:
Judge Edwards 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.
Judge Edwards is married with three children, ages 16, 12, and 9.
(6) Mental and Physical Capabilities:
Judge Edwards 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. Judge Edwards has managed his financial affairs
responsibly.
Printed Page 3762 . . . . . Tuesday, May 23,
1995
(8) Public Service:
Judge Edwards was on active duty in the U.S. Army from 1971 to 1973. He was
a member of the Ready Reserve from 1973 to 1985 when he was honorably
discharged.
Judge Edwards was elected to the Family Court bench in 1991.
Judge Edwards is active in church and civic activities.
(9) Ethics:
Judge Edwards 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:
Judge Edwards meets the constitutional and statutory requirements for the
office he seeks.
The Bar found Judge Edwards qualified and said:
He has had significant experience in the judicial system as a private
attorney, prosecutor, and as a Family Court judge.
He is respected by members of the Bar for his legal ability and analytical
skills in both domestic and juvenile matters.
Judge Edwards has done an excellent job serving as Administrative Judge for
the Family Court of the Tenth Judicial Circuit.
His patience and temperament are excellent. His character and integrity
are beyond reproach.
There was an article in the October 6, 1993, edition of The Charlotte
Observer which reported that Judge Edwards began requiring counseling as a
necessary step before a divorce can be issued in Oconee and Anderson family
courts.
The Honorable Donald A. Fanning
Candidate for Re-election to the Family Court
of the 14th Judicial Circuit
Joint Committee's Finding: Qualified
Judge Fanning was screened on May 3, 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:
Judge Fanning demonstrated an understanding of the Canons of Judicial Conduct
and other ethical considerations important to judges.
Printed Page 3763 . . . . . Tuesday, May 23,
1995
(2) Legal Knowledge and Ability:
The Joint Committee found Judge Fanning to be intelligent and knowledgeable.
His performance on the Joint Committee's practice and procedure questions
exceeded expectations.
Judge Fanning has been appealed in 46 reported appellate decisions. He was
reversed, in whole or in part, in 18 of those matters.
Judge Fanning received national attention for his handling of the matter of
Parris v. Parris which involved issues of custody. Judge Fanning noted
that the mother, Ruth Parris, was a career woman and spent time with clients
at night and on the weekends. Judge Fanning awarded custody of the minor
child to the father and was criticized as having allegedly held bias against
the mother because she was a career woman. See article in the Charlotte
Observer on December 10, 1994 and December 24, 1992. This matter is still
on appeal to the S.C. Supreme Court.
In August of 1977, Judge Fanning delivered a lecture to the southeastern
conference on juvenile court judges at Black Mountain, N.C. Judge Fanning
reviewed the constitutional law pertaining to juvenile court and presented the
annual case update. He also has made two presentations to the Family Court
judges of South Carolina annual meetings concerning matters of family law.
(3) Professional Experience:
Judge Fanning was admitted to the Michigan Bar in 1961, the New York Bar in
1961, and the S.C. Bar in 1964.
Judge Fanning describes his legal experience as follows:
(a) 1961-1964 U.S. Air Force Judge Advocate
(b) 1964-1968 Dowling, Dowling, Sanders & Dukes
(c) 1968-1970 Hendrix & Fanning
(d) 1970-1975 Donald A. Fanning, Attorney at Law (Charles Webb, III and
John B. O'Neal, III, Associates)
(e) 1975-1977 Judge of the Civil and Criminal Court of Beaufort County and
Judge of the Family Court of Beaufort County.
(f) 1977-Present Family Court Judge, 14th Judicial Circuit
Judge Fanning has served numerous terms as Special Circuit Court Judge by
appointment of the Chief Justice.
(4) Judicial Temperament:
The Joint Committee believes that Judge Fanning's temperament would be
excellent.
Printed Page 3764 . . . . . Tuesday, May 23,
1995
(5) Diligence and Industry:
Judge Fanning 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.
Judge Fanning is married with 3 adult children.
(6) Mental and Physical Capabilities:
Judge Fanning 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. Judge Fanning has managed his financial affairs
responsibly.
(8) Public Service:
Judge Fanning has been a Family Court Judge since 1977.
Judge Fanning served in the United States Air Force from 1961 to 1964.
Judge Fanning was an unsuccessful candidate for Circuit Court Judge in 1980
and 1991. Judge Fanning was also an unsuccessful candidate for the Beaufort
County Council in 1968 and for the S.C. House of Representatives in 1970.
Judge Fanning is active in church and community activities.
(9) Ethics:
Judge Fanning 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:
Judge Fanning meets the constitutional and statutory requirements for the
office he seeks.
The Bar found Judge Fanning qualified and said:
He has a long record of service as a judicial officer, first as a judge of
the Civil and Criminal Court of Beaufort County and judge of the Family Court
of Beaufort County. When the judicial System was unified, he became a Family
Court judge and has served since 1977 to the present. He has also served as
a Circuit Court judge by special appointment on numerous occasions.
Those familiar with his style consider him to be a fair-minded, impartial
judge. However, some of those questioned regard him as being a little
impatient and short-tempered.
Printed Page 3765 . . . . . Tuesday, May 23,
1995
Judge Fanning is perceived to be very attentive to the testimony. Without
question, he is in charge of his courtroom.
He is perceived as someone who is very interested in achieving a just
result.
Judge Fanning has been sued twice. The first action was in 1982 and was
filed by Alva Eugene Kephart against the S.C. Department of Corrections,
Warden George Martin, III, the Attorney General and Judge Fanning. The
plaintiff filed a petition for a writ of habeas corpus which was dismissed in
1982.
Judge Fanning was also sued by Mary Peters in 1983 and 1987. The list of
defendants in those matters included several circuit and Family Court judges,
the former Deputy Clerk of the S.C. Supreme Court, the Circuit Court of S.C.,
the Clerk of Court for Beaufort County, the Sheriff of Beaufort County, the
Auditor of Beaufort County, the Treasurer and the County Attorney, as well as
several individuals. Ms. Peters' complaint was filed pro se and Judge Fanning
reported that it was his understanding that she filed the complaint because
she was dissatisfied with the outcome of some of the litigation she had been
involved in South Carolina. She reportedly indicated that she wished the
judicial system in county government would stop harassing her by enforcing
their judgments, taxes, rules, and regulations. Mrs. Peters appeared before
the Joint Committee for Judicial Screening in the past.
The Honorable Thomas E. Foster
Candidate for Re-election to the Family Court
of the 7th Judicial Circuit
Joint Committee's Finding: Qualified
Judge Foster was screened on May 3, 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:
Judge Foster demonstrated an understanding of the Canons of Judicial Conduct
and other ethical considerations important to judges.
Judge Foster is secretary/treasurer of Shoe Mart of Spartanburg, Inc. The
company is in the wholesale shoe business, but Judge Foster is an investor and
is not involved in the day-to-day operations. Judge Foster is also on the
Board of Directors for Three Pines Cola., Inc., a golf course where he lives.
He is secretary to the Board.
Printed Page 3766 . . . . . Tuesday, May 23,
1995
(2) Legal Knowledge and Ability:
The Joint Committee found Judge Foster to be intelligent and knowledgeable.
His performance on the Joint Committee's practice and procedure questions met
expectations.
Judge Foster has been appealed in 10 reported appellate decision. He was
reversed, in whole or in part, in 5 of those matters.
Judge Foster taught college law at Spartanburg Methodist College. He also
regularly teaches the legal secretary's course on family law.
Judge Foster's last Martindale-Hubbell rating (1983) was BV.
(3) Professional Experience:
Judge Foster was admitted to the Bar in 1973.
Judge Foster opened a law practice in 1973 and was associated with Roy McBee
Smith until August of 1977. He was associated with Rembert D. Parler in 1977
but maintained his own practice. The two formed a partnership in 1979 which
they continued until 1983. Judge Foster was elected to the Family Court in
1983.
Judge Foster served as the City Recorder for the Town of Woodruff from 1974
to 1977.
Judge Foster served as the Assistant County Attorney for Spartanburg County
from 1973 to 1977. He also served as City Attorney for the Town of Woodruff
from 1977 to 1983.
(4) Judicial Temperament:
The Joint Committee believes that Judge Foster's temperament would be
excellent.
(5) Diligence and Industry:
Judge Foster 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.
Judge Foster is married with three adult children.
(6) Mental and Physical Capabilities:
Judge Foster 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. Judge Foster has managed his financial affairs
responsibly.
(8) Public Service:
Judge Foster has been a member of the bench since 1983.
Judge Foster served in this U.S. Army from 1959 to 1962.
Printed Page 3767 . . . . . Tuesday, May 23,
1995
Judge Foster was an unsuccessful candidate for Probate Court Judge. He was
also an unsuccessful candidate for the Family Court in 1981 and for the
Circuit Court in 1990.
Judge Foster is active in professional and community activities.
(9) Ethics:
Judge Foster 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:
Judge Foster meets the constitutional and statutory requirements for the
office he seeks.
The Bar found Judge Foster qualified and said:
His knowledge of the law and experience both as a lawyer and a judge
provide an excellent basis for the performance of his duties.
Those interviewed reported favorably on his work ethic and promptness in
rendering decisions in cases before him.
Judge Foster is considered to have a superb reputation for integrity and
impartiality.
He is well-respected in the legal community.
James F. Fraley, Jr., Esquire
Candidate for the Family Court of the 7th Judicial Circuit
Joint Committee's Finding: Qualified
Mr. Fraley 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. Fraley 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. Fraley to be intelligent and knowledgeable.
His performance on the Joint Committee's practice and procedure questions met
expectations.
Mr. Fraley's Martindale-Hubbell rating is BV.
(3) Professional Experience:
Mr. Fraley taught a business law course at Rutledge College.
Mr. Fraley has practiced with a number of different attorneys since his
graduation from law school in 1977. He described his practice over
Printed Page 3768 . . . . . Tuesday, May 23,
1995
the past 5 years as 95% domestic, less than 5% civil, and less than 5%
criminal. He indicated that he appears in state court several times a week.
Mr. Fraley provided the Joint Committee with 5 significant litigated matters
he described as follows:
(a) Belve v. Belve: In 1981 it was not clear how to challenge an error
of the lower court in an order when the defendant was not present and in
default. This case resolved that issue and is cited frequently in post
judgment motions and is frequently discussed at seminars.
(b) State v. Clary: Mr. Fraley was co-counsel for the defendant in a
jury trial in General Sessions court who was charged with 3 counts of
reckless homicide and 3 counts of involuntary manslaughter.
(c) Youngblood v. Youngblood: Mr. Fraley represented the husband in a
contested adultery case in which there was little corroboration of
adultery against a wife who was also seeking alimony.
(d) State v. Boggs: Mr. Fraley was co-counsel representing a 17-year
old girl charged with shooting and killing her father while he slept. The
father allegedly physically and sexually abused her and her younger
brother for several years.
(e) Laird v. State: Appeal to the U.S. Supreme Court concerning a jury
charge which contained the statement that the defendants were "prima
facie guilty" if the jury found certain facts. The Supreme Court
denied certiorari.
Mr. Fraley provided the Joint Committee with a list of 5 domestic appeals he
handled.
Mr. Fraley has served as a special referee on one occasion.
(4) Judicial Temperament:
The Joint Committee believes that Mr. Fraley's temperament would be
excellent.
(5) Diligence and Industry:
Mr. Fraley 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.
Mr. Fraley is married with a 7 year old daughter.
(6) Mental and Physical Capabilities:
Mr. Fraley 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. Fraley has managed his financial affairs responsibly.
Printed Page 3769 . . . . . Tuesday, May 23,
1995
(8) Public Service:
Mr. Fraley is an active member of his church and of the Spartanburg Civitan
Club.
(9) Ethics:
Mr. Fraley 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. Fraley meets the constitutional and statutory requirements for the office
he seeks.
The Bar found Mr. Fraley qualified and said:
More than half of his practice has been devoted to family law. In the last
several years the vast majority of his practice has been in the family
court.
Those interviewed commented favorably on his demeanor and temperament.
They also perceive him as being fair in his dealings with other lawyers.
Mr. Fraley is seen by those interviewed as industrious. He is also known
as an attorney who competently represents his client.
The consensus of those interviewed was that he has the intellect,
experience, and temperament to fulfill the position of family court judge.
Paul W. Garfinkel, Esquire
Candidate for the Family Court of the 9th Judicial Circuit
Joint Committee's Finding: Qualified
Mr. Garfinkel 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. Garfinkel demonstrated an understanding of the Canons of Judicial Conduct
and other ethical considerations important to judges.
Mr. Garfinkel shares office space with 8 other attorneys and indicated on his
application materials that he would recuse himself from matters in which the
other attorneys were involved for a minimum of 2 years after his election.
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