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
| 
Printed Page 3770, May 23
| Printed Page 3790, May 23
|
Printed Page 3780 . . . . . Tuesday, May 23,
1995
(5) Diligence and Industry:
Ms. Jefferson was punctual and attentive in her dealings with the Joint
Committee, and the Joint Committee's investigation did not reveal any problems
with her diligence and industry.
(6) Mental and Physical Capabilities:
Ms. Jefferson appears to be mentally and physically capable of performing the
duties of the office she seeks.
(7) Financial Responsibility:
The Joint Committee's investigation did not reveal any evidence of a troubled
financial status. Ms. Jefferson has managed her financial affairs
responsibly.
(8) Public Service:
Ms. Jefferson has been active in professional and community activities.
(9) Ethics:
Ms. Jefferson reported on her application material that her campaign
expenditures have totaled $66.00.
Ms. Jefferson testified that she 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:
Ms. Jefferson meets the constitutional and statutory requirements for the
office she seeks.
The Bar found Ms. Jefferson qualified and said:
The majority of those interviewed felt that she is intelligent, a hard
worker, and prepared in court.
It is believed that she will have a good judicial temperament. She is
bright, courteous, and friendly.
Ms. Jefferson is perceived to have excellent character and integrity.
Many of those interviewed expressed concern that she is young (age 31) with
brief experience (admitted to practice in November, 1989). However, it was
not felt that those factors outweighed the other factors which would make her
qualified to be a Family Court judge.
Printed Page 3781 . . . . . Tuesday, May 23,
1995
The Honorable R. Kinard Johnson, Jr.
Candidate for Re-election to the Family Court
of the 13th Judicial Circuit
Joint Committee's Finding: Qualified
Judge Johnson 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 Johnson 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 Johnson to be intelligent and knowledgeable.
His performance on the Joint Committee's practice and procedure questions met
expectations.
Judge Johnson has been appealed in 20 reported appellate decisions. He was
reversed, in whole or in part, in 7 of those matters.
Judge Johnson was sued by an inmate of the S.C. Department of Corrections in
1994. The case was dismissed shortly thereafter.
Judge Johnson regularly instructs classes for volunteer guardians ad litem in
Greenville County. He has also spoken to state-wide guardian ad Litem
conferences and has moderated judicial education programs as Vice President
and President of the S.C. Conference of Family Court Judges.
Judge Johnson's last Martindale-Hubbell rating (1992) was BV.
(3) Professional Experience:
Judge Johnson was admitted to the Bar in 1969.
Judge Johnson practiced with Rex Carter from 1969 until his election to the
Family Court bench in 1982.
(4) Judicial Temperament:
The Joint Committee believes that Judge Johnson's temperament would be
excellent.
(5) Diligence and Industry:
Judge Johnson 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 Johnson is married with 2 adult children.
(6) Mental and Physical Capabilities:
Judge Johnson appears to be mentally and physically capable of performing the
duties of the office he seeks.
Printed Page 3782 . . . . . Tuesday, May 23,
1995
(7) Financial Responsibility:
The Joint Committee's investigation did not reveal any evidence of a troubled
financial status. Judge Johnson has managed his financial affairs
responsibly.
(8) Public Service:
Judge Johnson has been a member of the Family Court bench since 1982.
(9) Ethics:
Judge Johnson 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 Johnson meets the constitutional and statutory requirements for the
office he seeks.
The Bar found Judge Johnson qualified and said:
He is perceived to be a hard worker who is efficient and time conscious.
He is thorough in his fact investigation in all cases prior to ruling.
His knowledge of the law, judicial temperament, and demeanor are
unquestioned.
Judge Johnson is widely perceived as being courteous to lawyers and
litigants.
His character and integrity are above reproach.
R. Keith Kelly, Esquire
Candidate for the Family Court of the 7th Judicial Circuit
Joint Committee's Finding: Qualified
Mr. Kelly 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. Kelly demonstrated an understanding of the Canons of Judicial Conduct and
other ethical considerations important to judges.
Mr. Kelly is on the Board of Directors of the Senior Centers of Spartanburg,
Inc.
Printed Page 3783 . . . . . Tuesday, May 23,
1995
(2) Legal Knowledge and Ability:
The Joint Committee found Mr. Kelly to be intelligent and knowledgeable. His
performance on the Joint Committee's practice and procedure questions met
expectations.
Mr. Kelly is not rated in Martindale-Hubbell.
Mr. Kelly has never been sued, but has been named in pleadings as an attorney
who may have an interest in real property being foreclosed upon by a lending
institution. Mr. Kelly explained that this is because family court orders
often include an award of attorney fees and a careful title search will result
in the attorney being named in foreclosure proceedings.
(3) Professional Experience:
Mr. Kelly taught a family law course for non-lawyers.
Mr. Kelly has practiced with Jim S. Brooks since his admission to practice in
1988. He described his practice as 40% domestic, 40% criminal defense, 10%
real estate, and 10% other.
Mr. Kelly provided the Joint Committee with 5 significant litigated matters
and described them as follows:
(a) Boswell v. Seay: This case was significant because it involved
child custody where a natural parent sued the grandparents to gain
custody. An appeal is currently pending.
(b) Johnson v. Johnson: This was a family court matter in which Mr.
Kelly raised on objection to the modification of a previous final order of
the court.
(c) State v. Jessie Keith Brown: Mr. Kelly volunteered to assist the
Public Defender in this death penalty case. The defendant was
acquitted.
(d) State v. Tammy Calvert: This was a felony DUI case in which the
defendant was convicted after a jury trial. The case was significant
because Mr. Kelly performed an out-of-court experiment regarding drugs and
alcohol which was admitted into evidence.
(e) State v. Jeff Wofford: This case was significant because the
defendant was not sentenced under the Youthful Offender Act and the
sentence of the court was overturned.
Mr. Kelly has handled 1 domestic appeal, the Boswell v. Seay matter
discussed above.
(4) Judicial Temperament:
The Joint Committee believes that Mr. Kelly's temperament would be excellent.
Printed Page 3784 . . . . . Tuesday, May 23,
1995
(5) Diligence and Industry:
Mr. Kelly 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. Kelly is married with 3 children, ages 8, 6, and 5.
(6) Mental and Physical Capabilities:
Mr. Kelly 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. Kelly has managed his financial affairs
responsibly.
(8) Public Service:
Mr. Kelly ran unsuccessfully for the state Senate in 1991.
Mr. Kelly was on active duty in the U.S. Army from 1981 to 1984 and was a
member of the U.S. Army Reserves from 1981 to 1995.
Mr. Kelly is active in professional and community activities.
(9) Ethics:
Mr. Kelly 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. Kelly meets the constitutional and statutory requirements for the office
he seeks.
The Bar found Mr. Kelly qualified and said:
His practice is primarily in domestic relations law and criminal law.
He is very personable and a hard worker. He has a good disposition. He is
well-liked among his colleagues at the Bar.
Mr. Kelly enjoys an excellent reputation for integrity, honesty, and fair
dealing.
Even though there was some question about his experience, there was no
doubt that he had sufficient experience in the Family Court to be competent
in family law.
Printed Page 3785 . . . . . Tuesday, May 23,
1995
Lisa A. Kinon, Esquire
Candidate for the Family Court of the 15th Judicial Circuit
Joint Committee's Finding: Qualified
Ms. Kinon 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:
Ms. Kinon 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 Ms. Kinon to be intelligent and knowledgeable. Her
performance on the Joint Committee's practice and procedure questions met
expectations.
Ms. Kinon has given the following lectures:
(a) S.C. Bar Domestic Practice -- "Hot Tips from the Experts" (1992,
1993, and 1994);
(b) S.C. Bar "Cameras in the Courtroom" (1993);
(c) Horry County Bar "Effective Motions Practice in Family Court"
(1992);
(d) "The New Family Court Rules" (1989); and
(e) "Hearsay in Child Abuse Cases" (1987).
Ms. Kinon is not rated in Martindale-Hubbell.
Ms. Kinon has received the following awards:
(a) University of South Carolina School of Law Compleat Lawyer Award,
1994;
(b) South Carolina Bar Pro Bono Service Award, 1992; and
(c) South Carolina Business and Professional Women Young Careerist, 1987.
(3) Professional Experience:
Ms. Kinon was admitted to the Bar in 1985.
Ms. Kinon described her legal experience as follows:
(a) 1985 to 1986 Rosen, Rosen & Scoville -- General practice with
emphasis on real estate title work, domestic matters, and
private contract work with the Georgetown County Public
Defender's Office.
(b) 1986 to 1987 Family court practice and private contract work with the
Georgetown County Public Defender's Office.
(c) 1987 to 1988 Hearn & Corbett -- 95% of practice in family court.
Printed Page 3786 . . . . . Tuesday, May 23,
1995
(d) 1988 to 1989 Van Osdell, Lester, Stewart, Hearn, McCutchen, Brittain
& Martin -- 95% of practice in family court.
(e) 1989 to Present Hearn, Brittain & Martin -- 95% of practice in family
court.
Ms. Kinon estimated that over the past 5 years she has appeared in family
court an average of once per week.
Ms. Kinon estimated that 95% of her practice over the past 5 years has been
domestic with the remaining 5% equally divided between civil and criminal.
Ms. Kinon stated that she is "[m]ostly concerned with researching matters
in those areas for other attorneys in [her] firm."
Ms. Kinon provided the Joint Committee with 5 of her most significant
litigated matters which she described as follows:
(a) John Roe and Jane Roe v. Baby Girl Doe, et al.: Represented
adoptive parents in a contested adoption action brought by the biological
father.
(b) Robert Woodland and Barbara Woodland v. Amy Griffin, et al.:
Represented maternal grandparents in custody action against biological
parents.
(c) Alva B. Nielsen v. James P. Nielsen: Represented wife in the
dissolution of a marriage of 35 years with issues involving alimony and
equitable division of a policeman's pension.
(d) Selena G. Smith v. Redding C. Smith: Represented father in
contested custody case involving physical abuse by the mother.
(e) D.S.S. v. James Douglas Johnson: Defended father in action brought
by DSS for alleged sexual abuse.
Ms. Kinon has never handled a domestic appeal.
Ms. Kinon is a certified family court mediator.
(4) Judicial Temperament:
The Joint Committee believes that Ms. Kinon's temperament would be
excellent.
(5) Diligence and Industry:
Ms. Kinon's was punctual and attentive in her dealings with the Joint
Committee, and the Joint Committee's investigation did not reveal any problems
with her diligence and industry.
Ms. Kinon is married with twin 2 1/2 year old boys.
(6) Mental and Physical Capabilities:
Ms. Kinon appears to be mentally and physically capable of performing the
duties of the office she seeks.
Printed Page 3787 . . . . . Tuesday, May 23,
1995
(7) Financial Responsibility:
The Joint Committee's investigation did not reveal any evidence of a troubled
financial status. Ms. Kinon has managed her financial affairs
responsibly.
(8) Public Service:
Ms. Kinon is active in professional and community activities. She is
currently serving on the:
(a) Board of Advisors for the South Carolina Council for Mediation and
Alternative Dispute Resolution;
(b) Joint Commission on Alternative Dispute Resolution for the South Carolina
Supreme Court;
(c) Board of Commissioners on Grievances and Discipline;
(d) Horry County Bar Family Court Executive Committee; and
(e) Horry County Bar Family Court Advisory Committee.
Ms. Kinon has in recent years been a member of the South Carolina Bar:
(a) Board of Governors (1990-1993);
(b) Nominating Committee (1989-1990); and
(c) House of Delegates (1988-1990).
(9) Ethics:
Ms. Kinon reported on her application materials that she has spent $52.48 on
her campaign.
Ms. Kinon testified that she 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:
Ms. Kinon meets the constitutional and statutory requirements for the office
she seeks.
The Bar found Ms. Kinon qualified and said:
She has been a practicing attorney in South Carolina since her admission to
practice in 1985. During this time she engaged in a general practice before
engaging primarily in the practice of domestic law.
Ms. Kinon enjoys an excellent reputation for integrity, honesty, ability,
and reliability. Her reputation for concern and diligence in the
representation of her clients is notable.
Those people interviewed are of the opinion that she will be fair,
courteous, diligent, and capable.
Printed Page 3788 . . . . . Tuesday, May 23,
1995
She has strong ties to the community and enjoys the confidence of Bar
members.
The Honorable John W. Kittredge
Candidate for Re-election to the Family Court
of the 13th Judicial Circuit
Joint Committee's Finding: Qualified
Judge Kittredge was screened on May 8, 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 Kittredge 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 Kittredge to be intelligent and
knowledgeable. His performance on the Joint Committee's practice and
procedure questions exceeded expectations.
Judge Kittredge has been appealed in 2 reported appellate decisions and was
reversed, in whole or in part, in 1 of those matters.
Judge Kittredge has been a frequent speaker at CLE, JCLE, and family law
programs.
Judge Kittredge graduated summa cum laude from U.S.C. with a degree in
criminal justice. He is a member of Phi Beta Kappa.
During law school Judge Kittredge was a member of the Order of the Coif and
Wig and Robe.
Judge Kittredge serves as administrative judge and has formed an ad hoc
committee of family law practitioners who meet with him monthly to facilitate
communication between the bench and bar.
(3) Professional Experience:
Judge Kittredge was admitted to the Bar in 1982.
Judge Kittredge worked for the Greenville Police Department during his
undergraduate years.
(4) Judicial Temperament:
The Joint Committee believes that Judge Kittredge's temperament would be
excellent.
(5) Diligence and Industry:
Judge Kittredge 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 Kittredge is married with 3 children, ages 11, 7, and 7.
Printed Page 3789 . . . . . Tuesday, May 23,
1995
(6) Mental and Physical Capabilities:
Judge Kittredge 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 Kittredge has managed his financial affairs
responsibly.
(8) Public Service:
Judge Kittredge has been a family court judge since 1991.
(9) Ethics:
Judge Kittredge 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 Kittredge meets the constitutional and statutory requirements for
the office he seeks.
The Bar found Judge Kittredge qualified and said:
He enjoys an excellent reputation for judicial temperament, honesty and
work ethic.
During his tenure as a Family Court judge, lawyers appearing before him
have reported favorably on his impartiality and diligent handling of the
court docket.
Judge Kittredge has a superb grasp of the legal issues and possesses a
wealth of experience both on and off the bench that qualifies him to handle
family court matters.
He is regarded by those interviewed as being courteous and industrious in
the performance of his duties.
Jack W. Lawrence, Esquire
Candidate for the Family Court of the 7th Judicial Circuit
Joint Committee's Finding: Qualified
Mr. Lawrence 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. Lawrence demonstrated an understanding of the Canons of Judicial Conduct
and other ethical considerations important to judges.
| Printed Page 3770, May 23
| Printed Page 3790, May 23
|
Page Finder Index