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 4100, May 25 | Printed Page 4120, May 25 |

Printed Page 4110 . . . . . Thursday, May 25, 1995

The President recognized Senator McConnell, Chairman of the Judicial Screening Committee.

ELECTION OF THE FOLLOWING FAMILY COURT JUDGES

JUDGE, FAMILY COURT, FIRST JUDICIAL CIRCUIT, SEAT #1, WHOSE TERM EXPIRES JUNE 30, 1995;

JUDGE, FAMILY COURT, SECOND JUDICIAL CIRCUIT, SEAT #2, WHOSE TERM EXPIRES JUNE 30, 1995;

JUDGE, FAMILY COURT, THIRD JUDICIAL CIRCUIT, SEAT #2, WHOSE TERM EXPIRES JUNE 30, 1995;

JUDGE, FAMILY COURT, THIRD JUDICIAL CIRCUIT, SEAT #3, WHOSE TERM EXPIRES JUNE 30, 1995;

JUDGE, FAMILY COURT, FOURTH JUDICIAL CIRCUIT, SEAT #1, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1998;

JUDGE, FAMILY COURT, FOURTH JUDICIAL CIRCUIT, SEAT #2, WHOSE TERM EXPIRES JUNE 30, 1995;

JUDGE, FAMILY COURT, FIFTH JUDICIAL CIRCUIT, SEAT #2, WHOSE TERM EXPIRES JUNE 30, 1995;

JUDGE, FAMILY COURT, FIFTH JUDICIAL CIRCUIT, SEAT #3, WHOSE TERM EXPIRES JUNE 30, 1995;

JUDGE, FAMILY COURT, SIXTH JUDICIAL CIRCUIT, SEAT #1, WHOSE TERM EXPIRES JUNE 30, 1995;

JUDGE, FAMILY COURT, SEVENTH JUDICIAL CIRCUIT, SEAT #2, WHOSE TERM EXPIRES JUNE 30, 1995;

JUDGE, FAMILY COURT, EIGHTH JUDICIAL CIRCUIT, SEAT #1, WHOSE TERM EXPIRES JUNE 30, 1995;

JUDGE, FAMILY COURT, NINTH JUDICIAL CIRCUIT, SEAT #4, WHOSE TERM EXPIRES JUNE 30, 1995;


Printed Page 4111 . . . . . Thursday, May 25, 1995

JUDGE, FAMILY COURT, TENTH JUDICIAL CIRCUIT, SEAT #1, WHOSE TERM EXPIRES JUNE 30, 1995;

JUDGE, FAMILY COURT, TENTH JUDICIAL CIRCUIT, SEAT #3, WHOSE TERM EXPIRES JUNE 30, 1995;

JUDGE, FAMILY COURT, ELEVENTH JUDICIAL CIRCUIT, SEAT #2, WHOSE TERM EXPIRES JUNE 30, 1995;

JUDGE, FAMILY COURT, ELEVENTH JUDICIAL CIRCUIT, SEAT #3, WHOSE TERM EXPIRES JUNE 30, 1995;

JUDGE, FAMILY COURT, TWELFTH JUDICIAL CIRCUIT, SEAT #1, WHOSE TERM EXPIRES JUNE 30, 1995;

JUDGE, FAMILY COURT, TWELFTH JUDICIAL CIRCUIT, SEAT #2, WHOSE TERM EXPIRES JUNE 30, 1995;

JUDGE, FAMILY COURT, THIRTEENTH JUDICIAL CIRCUIT, SEAT #1, WHOSE TERM EXPIRES JUNE 30, 1995;

JUDGE, FAMILY COURT, THIRTEENTH JUDICIAL CIRCUIT, SEAT #2, WHOSE TERM EXPIRES JUNE 30, 1995;

JUDGE, FAMILY COURT, FOURTEENTH JUDICIAL CIRCUIT, SEAT #1, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1995;

JUDGE, FAMILY COURT, FOURTEENTH JUDICIAL CIRCUIT, SEAT #3, WHOSE TERM EXPIRES JUNE 30, 1995;

JUDGE, FAMILY COURT, FIFTEENTH JUDICIAL CIRCUIT, SEAT #1, WHOSE TERM EXPIRES JUNE 30, 1995;

JUDGE, FAMILY COURT, SIXTEENTH JUDICIAL CIRCUIT, SEAT #2, WHOSE TERM EXPIRES JUNE 30, 1995.

MOTION ADOPTED

Senator Martin moved that all nominating speeches be waived and that all seconds be submitted to the desk, which was agreed to.

MOTION ADOPTED

Rep. SHARPE, with unanimous consent, moved that the members of the House vote by electronic roll call for the contested elections.

Rep. GAMBLE objected to voting by electronic roll call solely in the race for a Judge, Family Court, Eighth Judicial Circuit, Seat 3.

MOTION ADOPTED

Senator Williams moved that the uncontested elections be elected by acclamation, which was agreed to.


Printed Page 4112 . . . . . Thursday, May 25, 1995

ABSTAINING FROM VOTING

Rep. ROGERS stated that Rep. BEATTY wished to be recorded as abstaining from voting in any of the following elections.

The President announced that nominations were in order for the following Family Court Judges:

Judge, Family Court, First Judicial Circuit, Seat #1, whose term expires June 30, 1995;

Judge, Family Court, Second Judicial Circuit, Seat #2, whose term expires June 30, 1995;

Judge, Family Court, Third Judicial Circuit, Seat #2, whose term expires June 30, 1995;

Judge, Family Court, Third Judicial Circuit, Seat #3, whose term expires June 30, 1995;

Judge, Family Court, Fourth Judicial Circuit, Seat #1, whose unexpired term expires June 30, 1998

Judge, Family Court, Fourth Judicial Circuit, Seat #2, whose term expires June 30, 1995;

Judge, Family Court, Fifth Judicial Circuit, Seat #2, whose term expires June 30, 1995;

Judge, Family Court, Fifth Judicial Circuit, Seat #3, whose term expires June 30, 1995;

Judge, Family Court, Sixth Judicial Circuit, Seat #1, whose term expires June 30, 1995;

Judge, Family Court, Seventh Judicial Circuit, Seat #2, whose term expires June 30, 1995;

Judge, Family Court, Eighth Judicial Circuit, Seat #1, whose term expires June 30, 1995;

Judge, Family Court, Ninth Judicial Circuit, Seat #4, whose term expires June 30, 1995;

Judge, Family Court, Tenth Judicial Circuit, Seat #1, whose term expires June 30, 1995;

Judge, Family Court, Tenth Judicial Circuit, Seat #3, whose term expires June 30, 1995;

Judge, Family Court, Eleventh Judicial Circuit, Seat #2, whose term expires June 30, 1995;

Judge, Family Court, Eleventh Judicial Circuit, Seat #3, whose term expires June 30, 1995;

Judge, Family Court, Twelfth Judicial Circuit, Seat #1, whose term expires June 30, 1995;


Printed Page 4113 . . . . . Thursday, May 25, 1995

Judge, Family Court, Twelfth Judicial Circuit, Seat #2, whose term expires June 30, 1995;

Judge, Family Court, Thirteenth Judicial Circuit, Seat #1, whose term expires June 30, 1995;

Judge, Family Court, Thirteenth Judicial Circuit, Seat #2, whose term expires June 30, 1995;

Judge, Family Court, Fourteenth Judicial Circuit, Seat #1, whose unexpired term expires June 30, 1995;

Judge, Family Court, Fourteenth Judicial Circuit, Seat #3, whose term expires June 30, 1995;

Judge, Family Court, Fifteenth Judicial Circuit, Seat #1, whose term expires June 30, 1995;

Judge, Family Court, Sixteenth Judicial Circuit, Seat #2, whose term expires June 30, 1995.

Senator McConnell, Chairman of the Judicial Screening Committee, indicated that the following individuals had been screened and found qualified to serve:

the Honorable Maxey G. Watson, the Honorable G. Larry Inabinet, the Honorable Marion D. Myers, the Honorable R. Wright Turbeville, the Honorable Roger E. Henderson, the Honorable J.L. Murdock, Jr., the Honorable William R. Byars, Jr., the Honorable Berry L. Mobley, the Honorable Thomas E. Foster, the Honorable Wyatt T. Saunders, Jr., the Honorable Wayne M. Creech, the Honorable J. Frank McClain, the Honorable Tommy B. Edwards, the Honorable C. David Sawyer, Jr., the Honorable Richard W. Chewning, III, the Honorable Mary E. Buchan, the Honorable A.E. "Gene" Morehead, III, the Honorable John W. Kittredge, the Honorable R. Kinard Johnson, Jr., the Honorable Gerald C. Smoak, Jr., the Honorable Donald A. Fanning, the Honorable H.E. Bonniott, Jr. and the Honorable Lee S. Alford.

Rep. DELLENEY seconded the nomination of the Honorable Maxey G. Watson.

Senator Williams moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominees.

Whereupon, the President announced that

the Honorable Maxey G. Watson was elected Judge, Family Court, First Judicial Circuit, Seat #1;

the Honorable G. Larry Inabinet was elected Judge, Family Court, Second Judicial Circuit, Seat #2;


Printed Page 4114 . . . . . Thursday, May 25, 1995

the Honorable Marion D. Myers was elected Judge, Family Court, Third Judicial Circuit, Seat #2;

the Honorable R. Wright Turbeville was elected Judge, Family Court, Third Judicial Circuit, Seat #3;

the Honorable Roger E. Henderson was elected Judge, Family Court, Fourth Judicial Circuit, Seat #1;

the Honorable J.L. Murdock, Jr. was elected Judge, Family Court, Fourth Judicial Circuit, Seat #2;

the Honorable William R. Byars, Jr. was elected Judge, Family Court, Fifth Judicial Circuit, Seat #3;

the Honorable Berry L. Mobley was elected Judge, Family Court, Sixth Judicial Circuit, Seat #1;

the Honorable Thomas E. Foster was elected Judge, Family Court, Seventh Judicial Circuit, Seat #2;

the Honorable Wyatt T. Saunders, Jr. was elected Judge, Family Court, Eighth Judicial Circuit, Seat #1;

the Honorable Wayne M. Creech was elected Judge, Family Court, Ninth Judicial Circuit, Seat #4;

the Honorable J. Frank McClain was elected Judge, Family Court, Tenth Judicial Circuit, Seat #1;

the Honorable Tommy B. Edwards was elected Judge, Family Court, Tenth Judicial Circuit, Seat #3;

the Honorable C. David Sawyer, Jr. was elected Judge, Family Court, Eleventh Judicial Circuit, Seat #2;

the Honorable Richard W. Chewning, III was elected Judge, Family Court, Eleventh Judicial Circuit, Seat #3;

the Honorable Mary E. Buchan was elected Judge, Family Court, Twelfth Judicial Circuit, Seat #1;

the Honorable A.E. "Gene" Morehead, III was elected Judge, Family Court, Twelfth Judicial Circuit, Seat #2;

the Honorable John W. Kittredge was elected Judge, Family Court, Thirteenth Judicial Circuit, Seat #1;

the Honorable R. Kinard Johnson, Jr. was elected Judge, Family Court, Thirteenth Judicial Circuit, Seat #2;

the Honorable Gerald C. Smoak, Jr. was elected Judge, Family Court, Fourteenth Judicial Circuit, Seat #1;

the Honorable Donald A. Fanning was elected Judge, Family Court, Fourteenth Judicial Circuit, Seat #3;

the Honorable H.E. Bonnoitt, Jr. was elected Judge, Family Court, Fifteenth Judicial Circuit, Seat #1;


Printed Page 4115 . . . . . Thursday, May 25, 1995

the Honorable Lee S. Alford was elected Judge, Family Court, Sixteenth Judicial Circuit, Seat #2 for the respective terms prescribed by law.

ELECTION OF A JUDGE, FAMILY COURT

FIFTH JUDICIAL CIRCUIT, SEAT #1

The President announced that nominations were in order for a Judge, Family Court, Fifth Judicial Circuit, Seat #1.

Senator McConnell, Chairman of the Judicial Screening Committee, indicated that Ms. Janet T. Butcher, Mr. Joseph Henry and the Honorable H. Bruce Williams had been screened and found qualified to serve.

Senator McConnell stated that Ms. Janet T. Butcher and Mr. Joseph Henry had withdrawn from the contest.

On motion of Senator Williams, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the President announced that the Honorable H. Bruce Williams was elected Judge, Family Court, Fifth Judicial Circuit, Seat 1 for the term prescribed by law.

ELECTION OF A JUDGE, FAMILY COURT

NINTH JUDICIAL CIRCUIT, SEAT #2

The President announced that nominations were in order for a Judge, Family Court, Ninth Judicial Circuit, Seat #2.

Senator McConnell, Chairman of the Judicial Screening Committee, stated that Mr. Paul W. Garfinkel, Ms. Deadra L. Jefferson and Mr. Ben F. Mack had been screened and found qualified to serve.

Senator McConnell stated that Ms. Deadra L. Jefferson and Mr. Ben F. Mack had withdrawn from the contest.

On motion of Senator Williams, nominations were closed, and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the President announced that Mr. Paul W. Garfinkel was elected Judge, Family Court, Ninth Judicial Circuit, Seat 2 for the term prescribed by law.

ELECTION OF A JUDGE, FAMILY COURT

FIFTEENTH JUDICIAL CIRCUIT, SEAT #2

The President announced that nominations were in order for a Judge, Family Court, Fifteenth Judicial Circuit, Seat #2.


Printed Page 4116 . . . . . Thursday, May 25, 1995

Senator McConnell, Chairman of the Judicial Screening Committee, stated that Mr. Haskell Thomas Abbott, III and Ms. Lisa A. Kinon had been screened and found qualified to serve.

Senator McConnell stated that Mr. Haskell Thomas Abbott, III had withdrawn from the contest.

On motion of Senator Williams, nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the President announced that Ms. Lisa A. Kinon was elected Judge, Family Court, Fifteenth Judicial Circuit, Seat 2 for the term prescribed by law.

ELECTION OF A JUDGE, FAMILY COURT

SEVENTH JUDICIAL CIRCUIT, SEAT #1

The President announced that nominations were in order for a Judge, Family Court, Seventh Judicial Circuit, Seat #1.

Senator McConnell, Chairman of the Judicial Screening Committee, stated that the Honorable Georgia V. Anderson, Mr. James F. Fraley, Jr., Mr. R. Keith Kelly, Mr. Jack W. Lawrence and the Honorable James B. Paslay had been screened and found qualified to serve.

Rep. WELLS withdrew Mr. James B. Paslay as follows:

"Thank you Mr. President... I have a letter from James B. Paslay to read to the ladies and gentlemen of the House. `It has been a great pleasure to offer as a candidate for circuit and family court judgeships for the seventh judicial circuit. You have been most gracious in considering me for these positions. It was my belief and the belief of many people in Spartanburg and Cherokee counties that I am uniquely qualified for either of these judgeships. This was because of my more than thirty-five years of legal experience as a trial lawyer and judge. It was because of the encouragement of countless citizens, fellow judges and community leaders that I became a candidate. Fortunately, both the Bar Qualification Committee and the Joint Legislative Judicial Screening Committee found me to be qualified to serve as a judge in both courts. I will be forever grateful for these opinions. I am particularly humbled that the overwhelming majority of members of the legal community respect me for my legal skills, impartiality, temperament and promptness and industry, according to the Bar Report. It appears that I will not be successful in being elected to either judgeship. Several polls taken indicate that I will not receive enough votes. The field of candidates in these races has been outstanding and the seventh circuit will be served well by the winners of


Printed Page 4117 . . . . . Thursday, May 25, 1995

these judicial seats. I will continue to support whomever is elected for as long as I remain a part of the legal community. I hereby withdraw my candidacy for Circuit Judge of the Seventh Judicial Circuit and for Family Court Judge of the Seventh Circuit. Thank you again for the many kindnesses extended to me over the past weeks of this campaign. Very sincerely, James Paslay.' Thank you."

Rep. LANFORD made the following remarks about Mr. James F. Fraley, Jr.:

"Mr. Speaker, Mr. President, colleagues, ladies and gentlemen... Mr. Jim Fraley was another candidate in this race. He was here and he asked me to extend to you, and thank you, for the courtesies that you have shown him during his time of being here and meeting all of you. He realized early on that this was a five person race and only one person could win, so he withdrew last week, but he did tell me to tell you that he would see you again. Thank you."

Senator Russell withdrew Mr. R. Keith Kelly as follows:

"Ladies and gentlemen... this morning we were advised by R. Keith Kelly, also a candidate in this race, that he would, well, let me go back real quickly and I am not going to give you a big thing. Mr. Kelly was a tank commander when he was in the military and he was telling me about that and counting those shells when they were on maneuvers down there at Ft. Hood. He said that it was real important with the superiors that he count those shells right when they shot them and I think he was trying to say, by analogy, to say that he is also a good counter in this race. He did want to extend to you for his very warm reception that he received down here, his gratitude. He said it was a very learning experience and hopefully one day, he might be back. But, thank you."

On motion of Senator McConnell, nominations were closed.

The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.

The following named Senators voted for Judge Anderson:

Bryan             Cork             Courson
Courtney          Elliott          Gregory
Hayes             Holland          Leatherman
Martin            McGill           Mescher
Moore             Peeler           Rankin


Printed Page 4118 . . . . . Thursday, May 25, 1995

Richter           Rose             Saleeby
Smith, G.         Waldrep

TOTAL--20

The following named Senators voted for Mr. Lawrence:

Alexander         Drummond         Ford
Giese             Glover           Jackson
Land              Lander           Leventis
Matthews          McConnell        O'Dell
Passailaigue      Patterson        Reese
Setzler           Short            Smith, J.V.
Stilwell          Washington       Williams
Wilson

TOTAL--22

On motion of Rep. SHARPE, with unanimous consent, the members of the House voted by electronic roll call:

The following named Representatives voted for Judge Anderson:

Allison          Askins           Bailey
Brown, G.        Brown, H.        Cain
Cato             Chamblee         Clyburn
Cooper           Dantzler         Davenport
Easterday        Fair             Fleming
Harrell          Harvin           Haskins
Herdklotz        Huff             Hutson
Jaskwhich        Jennings         Keegan
Kelley           Kennedy          Keyserling
Kinon            Knotts           Koon
Lanford          Law              Limbaugh
Limehouse        Littlejohn       Marchbanks
Martin           McKay            McMahand
Meacham          Phillips         Quinn
Rice             Riser            Robinson
Sandifer         Sharpe           Simrill
Smith, R.        Stoddard         Stuart
Thomas           Townsend         Tripp
Trotter          Tucker           Vaughn
Waldrop          Walker           Wells


Printed Page 4119 . . . . . Thursday, May 25, 1995

Whatley          Whipper, L.      Wilder
Wilkes           Wilkins          Witherspoon
Wofford          Worley           Wright
Young, A.

Total--70

The following named Representatives voted for Mr. Lawrence:

Anderson         Baxley           Boan
Breeland         Brown, J.        Byrd
Carnell          Cave             Cobb-Hunter
Cotty            Cromer           Delleney
Elliott          Fulmer           Gamble
Govan            Hallman          Harris, J.
Harris, P.       Harrison         Hines
Hodges           Howard           Inabinett
Kirsh            Klauber          Lloyd
Mason            McAbee           McCraw
McElveen         McTeer           Moody-Lawrence
Neilson          Rhoad            Richardson
Rogers           Scott            Seithel
Sheheen          Shissias         Spearman
Stille           Whipper, S.      White
Williams         Young, J.

Total--47

RECAPITULATION

Total number of Senators voting. . . . .42
Total number of Representatives voting. . . . .117
Grand Total. . . . .159
Necessary to a choice. . . . .80
Of which Judge Anderson received. . . . .90
Of which Mr. Lawrence received. . . . .69

Whereupon, the President announced that the Honorable Georgia V. Anderson was elected Judge, Family Court, Seventh Judicial Circuit, Seat 1 for the term prescribed by law.


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