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
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Printed Page 3800 . . . . . Tuesday, May 23,
1995
(b) In 1994, an action was filed in Federal Court, Gene Taylor, Sheriff
of Anderson County, in a class action v. Mobley, et al. as the
Board of Commissioners on Judicial Standards. The action involved
the confidentiality of matters pending before the Commission. An answer
has been filed and motions are pending.
(c) Jones, et al. v. County of Lancaster was a case that involved a
lawsuit against Lancaster County officials brought by survivors of a
prisoner killed in a Lancaster County Jail fire. Judge Mobley was named
as a member of County Council.
(d) Catawba Indians v. S.C. was a case in which Judge Mobley was
named because of his position as a County Council member for Lancaster
County. The case has been concluded.
The Honorable A.E. Morehead, III
Candidate for Re-Election to the Family Court
of the 12th Judicial Circuit
Joint Committee's Finding: Qualified
Judge Morehead 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 Morehead demonstrated an understanding of the Canons of Judicial
Conduct and other ethical considerations important to judges.
Judge Morehead is an officer and director of the Page Nelson Keessee Memorial
Scholarship Fund, Inc., which he described as an eleemosynary cooperation
receiving donations and award scholarship to participants in the Palmetto Boys
State program. He indicated that he receives no compensation for his
service.
(2) Legal Knowledge and Ability:
The Joint Committee found Judge Morehead to be intelligent and knowledgeable.
His performance on the Joint Committee's practice and procedure questions
exceeded expectations.
Judge Morehead has been appealed in 3 reported appellate decisions. He was
affirmed in all 3 cases.
There was an article in the 11/22/93 edition of the State which
described Judge Morehead's development of an 8-hour course entitled
"Parents and Child Transitions." Florence and Horry counties
require parents who divorce to attend this course in an effort to reduce the
negative effects of divorce on children.
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1995
Judge Morehead was very active in college and law school activities. He was
17th in his law school class and was a member of the Order of Wig and
Robe.
Judge Morehead has lectured at several CLE and other professional forums.
The topics upon which he has lectured have included:
(a) business law (served as instructor at Francis Marion College); and
(b) family law issues such as financial declarations, bankruptcy, abuse and
neglect actions, temporary hearings, and waiver hearings.
(3) Professional Experience:
Judge Morehead was admitted to the Bar in 1973. He then joined the law firm
of Nelson, Mullins, Grier & Scarborough and remained there for 3 years
focusing on defense litigations surrounding personal and property injuries,
products liability, and workers' compensation. He formed the law firm of
Swearingen & Morehead in 1976 and had a general practice doing both
plaintiff and defense litigation in state, federal, and family court.
Judge Morehead was elected to the family court bench in 1985.
(4) Judicial Temperament:
The Joint Committee believes that Judge Morehead's temperament would be
excellent.
(5) Diligence and Industry:
Judge Morehead 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 Morehead is married with 2 grown children.
(6) Mental and Physical Capabilities:
Judge Morehead 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 Morehead has managed his financial affairs
responsibly.
(8) Public Service:
Judge Morehead served in the United States Army from 1968 to 1970.
Judge Morehead served as a Commissioner of Elections for the City of Florence
from 1983 to 1985.
Judge Morehead has served as a family court judge since 1985. He is active
in professional and community activities.
(9) Ethics:
Judge Morehead testified that he has not:
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1995
(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 Morehead meets the constitutional and statutory requirements for the
office he seeks.
The Bar found Judge Morehead qualified and said:
He possesses intellect as evidenced by his law school academic achievements
and comments of the Bar. He has ably served as a Family Court judge for ten
years.
He is well-liked and respected by attorneys who appear before him, as well
as other members of the community in which he lives.
Judge Morehead is generally considered to be fair in his rulings and
enforcement of the court rules and is not influenced by the identity of
parties or their attorneys.
While there was some criticism of his judicial temperament, the majority of
those interviewed reported good judicial temperament and marked improvement
during his tenure on the bench.
His character and integrity are not questioned.
The Honorable J.L. Murdock, Jr.
Candidate for the Family Court of the 4th Judicial Circuit
Joint Committee's Finding: Qualified
Judge Murdock 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 Murdock demonstrated an understanding of the Canons of Judicial Conduct
and other ethical considerations important to judges.
Judge Murdock owns 2 rental properties jointly with C. Gene Hardee. Judge
Murdock indicated that he would recuse himself from any matter involving Mr.
Hardee, a member of Mr. Hardee's family, or one of their tenants.
(2) Legal Knowledge and Ability:
The Joint Committee found Judge Murdock to be intelligent and knowledgeable.
His performance on the Joint Committee's practice and procedure questions
exceeded expectations.
There are no published appellate decisions in which Judge Murdock has been
appealed.
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1995
Judge Murdock's last Martindale-Hubbell rating (1992) was BV.
A former client sought post-conviction relief against Judge Murdock in 1992.
The relief sought was denied.
(3) Professional Experience:
Judge Murdock graduated from Presbyterian College in 1975. He was a teacher
and coach at the Wardlaw Academy in Johnston, South Carolina from 1975 to
1976. He was a South Carolina Farm Bureau Insurance Agent from 1976 until his
entrance into law school in 1980.
Judge Murdock began practicing with the firm of Shand & Stanton upon his
admission to the Bar in 1983 and continued in this practice until his election
to the family court bench in 1992. His practice consisted primarily of debt
collection, real estate, and family court work with a small amount of personal
injury and criminal practice. He estimated that he spent 50% of his time on
domestic matters.
Judge Murdock served as the City Recorder for the Town of Hartsville from
1986 to 1992. He served as City Recorder for the Town of Timmonsville from
1989 to 1992. He also served as a special referee in a 1991 case involving a
dispute about the ownership of some farm equipment.
Judge Murdock was elected to the family court bench in 1992. He provided the
Joint Committee with 5 significant orders.
(4) Judicial Temperament:
The Joint Committee believes that Judge Murdock's temperament would be
excellent.
(5) Diligence and Industry:
Judge Murdock 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 Murdock is married with 2 children, ages 9 and 15.
(6) Mental and Physical Capabilities:
Judge Murdock 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 Murdock has managed his financial affairs
responsibly.
(8) Public Service:
Judge Murdock has served as a city recorder since 1986 and as a family court
judge since 1992.
Judge Murdock is active in church, professional, and community affairs.
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1995
(9) Ethics:
Judge Murdock 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 Murdock meets the constitutional and statutory requirements for the
office he seeks.
The Bar found Judge Murdock qualified and said:
He is described as both knowledgeable of the law and an excellent student
of the law. His decisions are well reasoned, conscientious, and
deliberate.
He brings to the bench an open mind and objective perspective. He is
reported to be fair in his rulings and not influenced by the identity of
parties or their attorneys.
Judge Murdock is described as cordial and accommodating to litigants and
attorneys. He has an excellent judicial temperament.
His integrity and character were unquestioned.
The Honorable Marion D. Myers
Candidate for Re-Election to the Family Court
of the 3rd Judicial Circuit
Joint Committee's Finding: Qualified
Judge Myers was screened on May 5, 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 Myers 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 Myers to be intelligent and knowledgeable.
His performance on the Joint Committee's practice and procedure questions met
expectations.
Judge Myers has been appealed in 4 reported appellate decisions and reversed
in whole or part in one of those matters.
Judge Myers took the S.C. bar exam twice.
Judge Myers has been a frequent lecturer at CLE and other professional
forums.
Judge Myers' last Martindale-Hubbell rating (1983) was BV.
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1995
Judge Myers occasionally appears before church groups, schools, and other
community groups to speak on the judicial system and family court.
(3) Professional Experience:
Judge Myers was admitted to the Bar in 1964.
Judge Myers was associated with the law firm of Lee & Moise from 1963
through 1966. He became a partner in the firm in 1967 and the name was
changed to Lee, Moise & Myers. He entered private practice in 1980.
Judge Myers was appointed as Master-in-Equity for Sumter County in 1983 and
served in that capacity until election to the family court in 1984.
(4) Judicial Temperament:
The Joint Committee believes that Judge Myers' temperament would be
excellent.
(5) Diligence and Industry:
Judge Myers 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 Myers is married with 3 adult children.
(6) Mental and Physical Capabilities:
Judge Myers 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 Myers has managed his financial affairs
responsibly.
(8) Public Service:
Judge Myers has been a family court judge since 1984.
Judge Myers served as the Master-in-Equity for Sumter County from 1983 to
1984.
Judge Myers served by appointment on the City of Sumter Planning Commission
from 1964 to 1971. He also served as a member of the Sumter County Commission
for Higher Education from 1982 to 1984.
(9) Ethics:
Judge Myers 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.
Printed Page 3806 . . . . . Tuesday, May 23,
1995
(10) Miscellaneous:
Judge Myers meets the constitutional and statutory requirements for the
office he seeks.
The Bar found Judge Myers qualified and said:
He has served with distinction for eleven years.
He has demonstrated an excellent judicial temperament and treated litigants
and attorneys who appear before him courteously.
Judge Myers is well-respected by his peers and attorneys for his
promptness, diligence, and legal ability. He has been actively involved in
Bar committee work related to family court issues. His knowledge and legal
skills are perceived to be outstanding.
He is fair to litigants and displays no bias in favor of or against
particular positions or litigants. His character, integrity, and reputation
are outstanding.
Leslie Kirkland Riddle, Esquire
Candidate for the Family Court of the 5th Judicial Circuit
Joint Committee's Finding: Qualified
Ms. Riddle 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. Riddle demonstrated an understanding of the Canons of Judicial Conduct
and other ethical considerations important to judges.
Ms. Riddle's husband is an assistant solicitor in the 11th Circuit.
Ms. Riddle indicated that she would recuse herself from matters involving
parties to litigation or clients of her current law firm. She said she would
also recuse herself from all matters where a lawyer from her firm was or had
been involved.
(2) Legal Knowledge and Ability:
The Joint Committee found Ms. Riddle to be intelligent and knowledgeable.
Her performance on the Joint Committee's practice and procedure questions met
expectations.
Ms. Riddle's Martindale-Hubbell rating is BV.
(3) Professional Experience:
Ms. Riddle described her legal experience as follows:
(a) 1988-Present Partner in the law firm of Kirkland, Dodson, Rush, and
Riddle. Primarily involved in the representation of parties
in divorce actions (including issues of equitable division
of property, alimony, child custody, child support, and
Printed Page 3807 . . . . . Tuesday, May 23,
1995
visitation), custody litigation, adoption proceedings, and child abuse and
neglect matters. Also representing children in child custody cases as their
attorney/guardian ad litem. Other areas handled include the preparation of
wills, estate work, personal injury, workers' compensation, and criminal
defense.
(b) Summer 1993 Special Assistant Solicitor, 5th Judicial Circuit. Prosecuted
child abuse and neglect cases for DSS on a part-time basis.
Duties included the preparation and trial of abuse and neglect
cases against parents and other individuals accused of
physical, emotional, educational, and sexual abuse or neglect
of children.
(c) 1988-1990 Volunteer Guardian Ad Litem Project of Richland County.
Represented abused and neglected children and their guardians
in family court to ensure that the best interests of the
children were protected and that all actions taken by DSS and
other child protective agencies conformed to the law.
(d) 1986-1988 Associate in the law firm of Kirkland, Aaron, and Alley.
Primary emphasis was on divorce, child custody, child support,
visitation, and related matters. Other areas handled included
the preparation of wills, estate work, personal injury, and
criminal defense.
(e) 1985-1986 Family Court Solicitor for the 5th Circuit. Assistant
Solicitor assigned exclusively to family court, handling all
matters relating to the prosecution of juvenile criminal
defendants and the prosecution of individuals accused of
physical, emotional, and sexual abuse or neglect of children.
Responsibilities included the preparation and trial of cases;
decisions regarding the transfer of jurisdiction to General
Sessions Court on serious, violent, or repeat offenders; trial
of motions to transfer jurisdiction; trial of motions to
detain juvenile defendants pending trial on serious, repeat,
and violent offenses; and writing briefs and arguing
Printed Page 3808 . . . . . Tuesday, May 23,
1995
appeals to the Court of General Sessions and the South Carolina Supreme
Court.
(f) 1984-1985 Assistant Solicitor for the 5th Circuit. Prosecuted adult
criminal defendants in General Sessions and magistrate's
court. Responsibilities included the preparation and trial of
cases, interviewing witnesses, drafting and arguing legal
motions, formulating plea agreements, preparation of
indictments, and advising local law enforcement agencies
regarding legal issues, charging decisions, and collection of
evidence.
Ms. Riddle said that over the past 5 years she has appeared in state court on
a daily basis. She estimated that her practice over the past 5 years has been
90% domestic, 5% civil, and 5% criminal.
Ms. Riddle provided the Joint Committee with 5 of her most significant legal
matters which she described as follows:
(a) Shuler v. Shuler: This was a contested divorce case in which Ms.
Riddle represented one of the parties. The most significant issues in
this case were purely economic. The couple had amassed more that $75,000
in personal debt on 45 different credit cards and loan accounts. In
addition, the marital residence was titled in the husband's father's name,
though both husband and wife had contributed to the equity in it. The
contested issues involved the setting of alimony, the distribution of the
marital debt, the distribution of the equity in the home, and the
interrelation between these economic factors.
(b) Coker v. Coker: This was a contested child custody case involving
2 children, ages 8 and 5. Ms. Riddle was the children's guardian ad
litem. One parent had engaged in several adulterous affairs without the
children knowing. The other parent, upon learning of the affairs, told
the children. The most significant issues involved was the determination
of which of these actions was the most detrimental to the children and of
the impact of these actions on each parent's fitness in the custody
determination.
(c) In re Dawkins: This was a DSS case involving allegations of
physical and sexual abuse on a hearing-impaired teenage girl. The alleged
perpetrator was the child's mother. Ms. Riddle represented the guardian
ad litem and ultimately the child's best interests. The teenage girl was
so attached to her mother as a result of her handicap that she wanted to
live with her mother despite the abuse. This resulted in considerable
reluctance on the
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1995
child's part to assist the State in proving the abuse. The entire case had to
be tried through the use of an interpreter.
(d) Berger v. Miller: Ms. Riddle represented a mother attempting to
show a material and substantial change in circumstances that would warrant
a change in the previously ordered custody provisions. The factors
involved included the child's poor performance in school, the father's
exposure of the child to his adulterous affairs, verbal abuse by the
father, and the allegedly questionable religious affiliations of the
mother.
(e) State v. Napoleon Goodson IV: This case involved the murder of a
young man by a 16-year old juvenile. Ms. Riddle was the assistant
solicitor assigned to the case. A motion was heard by the family court
requesting that the case be waived to the Court of General Sessions and
that the juvenile be tried as an adult. The motion was denied and an
appeal was brought in circuit court. The juvenile filed a writ of
supersedeas in the Supreme Court asserting that the State's appeal should
be dismissed. The writ was denied. The appeal was then heard in the
circuit court and the court asserted jurisdiction. The juvenile was then
tried as an adult and was ultimately convicted of voluntary
manslaughter.
Ms. Riddle has handled only 1 appeal, the State v. Napoleon Goodson IV
matter discussed above.
(4) Judicial Temperament:
The Joint Committee believes that Ms. Riddle's temperament would be
excellent.
(5) Diligence and Industry:
Ms. Riddle 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. Riddle is married with 3 sons, ages 7, 5, and 3.
(6) Mental and Physical Capabilities:
Ms. Riddle 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. Riddle has managed her financial affairs
responsibly.
(8) Public Service:
Ms. Riddle ran unsuccessfully for the family court bench in 1994.
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