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 3790 . . . . . Tuesday, May 23,
1995
Mr. Lawrence and his 2 brothers (Lawrence, Lawrence & Lawrence, L.L.C.)
own real property in Greenwood County upon which they are developing a
subdivision, condominiums, and commercial property.
Mr. Lawrence owns two residential real estate development companies, Arbours
West Partnership and Arbours West Investment Group, Inc., with 4 other
individuals.
Mr. Lawrence owns 1/2 of the building in which his law office is located.
The other 1/2 of the building is owned by his co-tenant who is a real estate
agent.
(2) Legal Knowledge and Ability:
The Joint Committee found Mr. Lawrence to be intelligent and knowledgeable.
His performance on the Joint Committee's practice and procedure questions met
expectations.
Mr. Lawrence participated as a lecturer in the CLE programs entitled
"Hot Tips from the Experts 1991, 1992, 1993, and 1994."
Mr. Lawrence's Martindale-Hubbell rating is AV.
Mr. Lawrence is a fellow of the American Academy of Matrimonial Lawyers.
(3) Professional Experience:
Mr. Lawrence was admitted to the Bar in 1969.
Mr. Lawrence described his legal experience as follows:
(a) 1968-1970 U.S. Army JAGC
(b) 1970-1971 Butler, Chapman, Parler & Morgan (business and trial
defense work)
(c) 1971-1976 Butler, Means, Evins & Browne (business and trial defense
work)
(d) 1976-1978 Sole practitioner with a general practice
(e) 1978-1989 Lawrence & Shaw (general practice with concentration on
domestic law)
(f) 1989-1992 Brown & Hagins (general practice concentrating on domestic
law)
(g) 1992-1993 Lawrence & Shaw
(h) 1993-1994 Sole practitioner with a general practice concentrating on
domestic law
(i) 1994-Present Lawrence & Cabler (general practice concentrating on
domestic law)
Mr. Lawrence estimated that over the past 5 years he has appeared in federal
court once per year and in state court daily. He has also appeared 2 or 3
times per year before the Workers' Compensation Commission and Unemployment
Compensation Commission.
Printed Page 3791 . . . . . Tuesday, May 23,
1995
Mr. Lawrence estimated that his practice over the past 5 years has been 40%
civil, 10% criminal, and 50% domestic.
Mr. Lawrence provided the Joint Committee with 5 of his most significant
legal matters which he described as follows:
(a) Valtrol, Inc. v. General Connectors Corp.: Commercial litigation
in federal district court. The matter required extensive discovery and 3
days of trial.
(b) Valtrol, Inc. v. General Connectors Corp.: Appeal to the 4th
Circuit.
(c) Landrum v. Robinson: This matter which Mr. Lawrence handled at
both the trial and appellate levels involved an action seeking to require
a father to help pay for his son's college expenses. The talented son
wanted to go to the best school he could get into and had obtained
scholarships, grants, and loans and had gotten financial assistance from
his mother and a job so that he could earn part of the money himself. The
court required the father to assist his son.
(d) McKeown v. McKeown: Custody trial which involved allegations of
homosexuality, child abuse, and the removal of children from the
state.
(e) Stutz v. Funderburk: Mr. Lawrence argued this matter before the
South Carolina Supreme Court and it was one of the last cases in South
Carolina to apply the "tender years doctrine."
Mr. Lawrence provided the Joint Committee with a list of 5 civil appeals, 4
of which were domestic matters. Mr. Lawrence estimated that he has handled 7
or 8 appeals in state appellate court and 1 case to the 4th Circuit Court of
Appeals.
(4) Judicial Temperament:
The Joint Committee believes that Mr. Lawrence's temperament would be
excellent.
(5) Diligence and Industry:
Mr. Lawrence 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. Lawrence is married with 5 grown children.
(6) Mental and Physical Capabilities:
Mr. Lawrence appears to be mentally and physically capable of performing the
duties of the office he seeks.
Printed Page 3792 . . . . . Tuesday, May 23,
1995
(7) Financial Responsibility:
The Joint Committee's investigation did not reveal any evidence of a troubled
financial status. Mr. Lawrence has managed his financial affairs
responsibly.
(8) Public Service:
Mr. Lawrence served in the U.S. Army form 1968 to 1970. His tour of duty
included time spent in Vietnam.
Mr. Lawrence ran unsuccessfully for the South Carolina House of
Representatives in 1978 and for the South Carolina Senate in 1982.
Mr. Lawrence is active in professional and community activities.
(9) Ethics:
Mr. Lawrence 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. Lawrence meets the constitutional and statutory requirements for the
office he seeks.
The Bar found Mr. Lawrence qualified and said:
He is an experienced family court practitioner.
He is considered a zealous advocate who is always well-prepared.
Mr. Lawrence has an excellent reputation for character, integrity, honesty,
and diligence, all of which are perceived would serve him well as a
judge.
His temperament is beyond reproach, and it is perceived he will be
impartial and fair to all parties who appear before him.
Ben F. Mack, Esquire
Candidate for the Family Court of the 9th Judicial Circuit
Joint Committee's Finding: Qualified
Mr. Mack 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. Mack demonstrated an understanding of the Canons of Judicial Conduct and
other ethical considerations important to judges.
Printed Page 3793 . . . . . Tuesday, May 23,
1995
(2) Legal Knowledge and Ability:
The Joint Committee found Mr. Mack to be intelligent and knowledgeable. His
performance on the Joint Committee's practice and procedure questions met
expectations.
Mr. Mack received his B.A from Syracuse in 1974 and his J.D. from Tulane in
1980. He also attended graduate school at S.U.N.Y. and Georgetown from 1974
to 1976 and was a high school teacher in Maryland from 1975 to 1977.
Mr. Mack is not rated in Martindale-Hubbell.
(3) Professional Experience:
Mr. Mack is an adjunct professor at Charleston Southern University where he
teaches business law.
Mr. Mack described his legal experience as follows:
(a) 1981 Charleston County Public Defender's Office
(b) 1981-1983 Ninth Circuit Solicitor's Office
(c) 1982-1992 Almeika, DeVane & Mack -- Practiced family law, criminal
law, tort law.
(d) 1992-Present Solo Practitioner -- Practicing family law, criminal law,
tort law.
Mr. Mack estimated that over the past 5 years he has appeared in federal
court with limited frequency including one 5 week criminal trial, but that he
appears in state court weekly.
Mr. Mack estimated that over the past 5 years his practice has been 75%
domestic, 15% criminal, and 10% civil.
Mr. Mack provided the Joint Committee with 5 of his most significant
litigated matters which he described as follows:
(a) United States v. Overton: (U.S. District Court) Mr. Mack
represented defendant Gregory Overton in a multi-defendant drug conspiracy
trial which lasted for 5 weeks. Mr. Mack also represented the defendant
on appeal to the U.S. Court of Appeals for the 4th Circuit. The matter is
still on appeal.
(b) Shirley Graham v. Stanley Williams: (Charleston County Family
Court) This matter was a multi-day custody trial involving the interests
of 3 minor children of the parties. Mr. Mack represented defendant
Williams in this action for a change in custody. The trial court's order
allowed Mr. Williams to retain custody of the 3 children, the order was
affirmed by the South Carolina Court of Appeals, and the South Carolina
Supreme Court denied the plaintiff's request for a writ of certiorari.
(c) William K. Rader v. Robert E. Sheeley: (Dorchester County Family
Court) This matter was a custody case in which Mr. Mack
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1995
represented plaintiff Rader as stepparent seeking custody of a child after the
death of the child's biological mother to whom plaintiff was married. The
defendant, who was the child's biological father, sought an order returning
custody of the child to him. The case was tried for 1 and 1/2 days before a
settlement providing for joint custody was reached.
(d) William G. Geiger v. Sandra S. Geiger: (Charleston County Family
Court) This is an ongoing matter involving a 1991 court approved property
settlement and support agreement in which Mr. Mack represents the
plaintiff. The agreement addresses the division of marital assets
including real estate and the husband's small business. There is
currently pending a rule to show cause for performance on the original
property settlement and court interpretation of the terms of the
agreement.
(e) Charleston County D.S.S. v. Anne Edwards, et al.: (Charleston
County Family Court) Mr. Mack represented the defendant in an action
which originally alleged abuse and neglect of her maternal granddaughter.
The matter was settled without a finding of abuse, but with an agreement
to continue the child in psychiatric care and DSS custody. The case is
currently pending for review concerning placement of the minor child.
Mr. Mack reported that he has handled 1 domestic appeal, the Graham v.
Williams matter discussed above.
(4) Judicial Temperament:
The Joint Committee believes that Mr. Mack's temperament would be
excellent.
(5) Diligence and Industry:
Mr. Mack 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. Mack is married with 3 children, ages 13, 10, and 2.
(6) Mental and Physical Capabilities:
Mr. Mack 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. Mack has managed his financial affairs responsibly.
(8) Public Service:
Mr. Mack has been active in Spoleto Festival USA and in work for the Gibbes
Museum of Art.
Printed Page 3795 . . . . . Tuesday, May 23,
1995
(9) Ethics:
Mr. Mack 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. Mack meets the constitutional and statutory requirements for the office
he seeks.
The Bar found Mr. Mack qualified and said:
He is generally perceived by those interviewed as intelligent and
personable. It is thought that he possesses good common sense.
The majority of those interviewed felt that he is conscientious, well-
prepared, and would do a good job as a Family Court judge.
It is felt that Mr. Mack would exhibit good judicial temperament and be
courteous to both lawyers and litigants. He is perceived to have excellent
character and integrity.
He has had broad experience in Family Court and previously served as an
assistant solicitor for the Ninth Judicial Circuit.
The Honorable J. Frank McClain
Candidate for Re-election to the Family Court
of the 10th Judicial Circuit
Joint Committee's Finding: Qualified
Judge McClain 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 McClain 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 McClain to be intelligent and knowledgeable.
His performance on the Joint Committee's practice and procedure questions met
expectations.
Judge McClain has been appealed in 14 appellate reported decisions and was
reversed, in whole or in part, in two of those matters.
Judge McClain was a member of the S.C. Law Review from 1971 to 1973.
Judge McClain was the Survey Editor in 1972, and was a delegate to the
National Law Review Conference in 1973.
Printed Page 3796 . . . . . Tuesday, May 23,
1995
Judge McClain delivered a lecture on the 1994 Crime Bill to the S.C.
Solicitor's Association in 1994.
Judge McClain has also given continuing legal education lectures to the
Anderson City Police Department and has lectured at many secondary schools on
various aspects of the law.
Judge McClain reported that he had been the subject of a grievance concerning
his representation of a client in a civil suit, but the grievance was
determined unfounded by the Grievance Committee and was dismissed.
(3) Professional Experience:
Judge McClain was admitted to the Bar in 1973.
Judge McClain was engaged in the general practice of law with the law firm of
Hall & McClain from 1973 to 1979. He served as City Recorder for the City
of Anderson from 1974 to 1979, and was elected Family Court Judge in 1979.
(4) Judicial Temperament:
The Joint Committee believes that Judge McClain's temperament would be
excellent.
(5) Diligence and Industry:
Judge McClain 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 McClain is married with two children, both 9 years old.
(6) Mental and Physical Capabilities:
Judge McClain 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 McClain has managed his financial affairs
responsibly.
(8) Public Service:
Judge McClain has been a member of the bench since 1979.
Judge McClain was an unsuccessful candidate for the S.C. House of
Representatives in 1972.
Judge McClain was a school teacher and coach at Pickens Junior High School
from 1968 to 1970.
Judge McClain is active in church and community activities.
Judge McClain often speaks to local schools and social organizations to
educate the public on legal issues. He volunteers to assist the school safety
patrol and is active in his children's activities.
Printed Page 3797 . . . . . Tuesday, May 23,
1995
(9) Ethics:
Judge McClain 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 McClain meets the constitutional and statutory requirements for the
office he seeks.
The Bar found Judge McClain qualified and said:
He has served on the Family Court bench for sixteen years.
He is well versed in the law.
Judge McClain has an excellent judicial temperament and is courteous to all
litigants. His integrity is beyond reproach.
He is considered to be industrious and diligent in the handling of Family
Court matters before him.
The Honorable Berry L. Mobley
Candidate for Re-Election to the Family Court
of the 6th Judicial Circuit
Joint Committee's Finding: Qualified
Judge Mobley 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 Mobley 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 Mobley to be intelligent and knowledgeable.
His performance on the Joint Committee's practice and procedure questions
exceeded expectations.
Judge Mobley's last Martindale-Hubbell rating (1982) was BV.
(3) Professional Experience:
Judge Mobley was admitted to the Bar in 1964.
Judge Mobley was engaged in the general practice of law from 1964 to 1982.
He was elected Family Court Judge in 1982.
Judge Mobley has served as Chief Judge for administrative purposes in the
following circuits:
(a) 6th Judicial Circuit;
(b) 5th Judicial Circuit;
Printed Page 3798 . . . . . Tuesday, May 23,
1995
(c) 9th Judicial Circuit;
(d) 11th Judicial Circuit; and
(e) 14th Judicial Circuit.
He has been assigned and held court in 24 of the 46 counties in this
state.
(4) Judicial Temperament:
The Joint Committee believes that Judge Mobley's temperament would be
excellent.
(5) Diligence and Industry:
Judge Mobley 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 Mobley is married with two adult children.
(6) Mental and Physical Capabilities:
Judge Mobley 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 Mobley has managed his financial affairs
responsibly.
(8) Public Service:
Judge Mobley has been a Family Court Judge since 1982.
Judge Mobley served in the United States Army from 1954 to 1956. He served
in the S.C. State Guard from 1983 to 1990.
Judge Mobley was a member of the Lancaster County Council from 1972 to 1980.
He was elected to the Board of Directors for the S.C. Association of Counties
and was elected President in 1978. He was appointed by the Lancaster City
Council as City Attorney in 1967, and held office until his election to County
Council in 1972. He was again appointed City Attorney in 1980 and held that
position until he became a Family Court Judge. Judge Mobley was appointed by
Governor Richard W. Riley for a 4-year term to the Local Government Study
Committee.
Judge Mobley was an unsuccessful candidate to the S.C. House of
Representatives in 1968. He also ran unsuccessfully to be Solicitor of the
6th Judicial Circuit in 1970.
(9) Ethics:
Judge Mobley 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
Printed Page 3799 . . . . . Tuesday, May 23,
1995
(c) asked third persons to contact members of the General Assembly prior to
screening.
(10) Miscellaneous:
Judge Mobley meets the constitutional and statutory requirements for the
office he seeks.
The Bar found Judge Mobley qualified and said:
He is respected for his administration of dockets throughout the state and
is consistent in the application of the rules to all attorneys.
Judge Mobley is very knowledgeable about the law, and his years of service
evidence his commitment to the Family Court. He has led continuing legal
education sessions and assists in the training of new judges.
He is generally regarded as fair, unbiased, and impartial by those who
appear before him.
There was an article in the February 11, 1988, edition of the State
in which Judge Mobley was quoted as being an advocate of alternative
sentencing. He indicated that "alternative sentencing does a better job
for children than incarceration -- especially for those who can be
rehabilitated." He also said "we're moving into a new cycle. The
whole theme of sentencing now is to sit back and look back at the
alternatives."
There was a February 11, 1988, article in the State which quoted Judge
Mobley on the subject of truancy. Judge Mobley was quoted as saying
"Early prevention is the key. Truancy is a matter of catching the
student immediately, dealing with the matter, and placing the kid back in
school. . . . I think schools have got to do a lot more with programs to
avoid truancy, I think the court's involvement should be as a last
resort."
There was a January 17, 1991, article in the State which reported that
Judge Mobley was upset about a breakdown in tracking truants in Fairfield
County and met privately with the county's 9 member school board in an unusual
attempt to resolve difficulties. The incident which apparently sparked Judge
Mobley's concern was a hearing with two Fairfield Central High School students
who had missed more than 40 school days by early January. Judge Mobley was
upset because he believed he was hearing about the attendance problems after
it was too late to help students.
Judge Mobley has been sued 4 times. He describes those matters as follows:
(a) In 1982, an action was filed in Federal Court, Hutchinson v.
Mobley, Epps, and Dixon. It was an action by an inmate
Printed Page 3800 . . . . . Tuesday, May 23,
1995
involving a sentence Judge Mobley imposed on him in a term of General Sessions
Court. The action was dismissed.
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