1995 Permanent Senate Journal Printed Pages 3050-3059 - South Carolina Legislature Online

Journal of the Senate
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 3040, May 23 | Printed Page 3060, May 23

Printed Page 3050 . . . . . 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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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.

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(9)Ethics:
Judge Morehead 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 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.

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There are no published appellate decisions in which Judge Murdock has been appealed.
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.

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Judge Murdock is active in church, professional, and community affairs.
(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.

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Judge Myers has been a frequent lecturer at CLE and other professional forums.
Judge Myers' last Martindale-Hubbell rating (1983) was BV.
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

Printed Page 3056 . . . . . Tuesday, May 23, 1995

(c) asked third persons to contact members of the General Assembly prior to screening.
(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

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(including issues of equitable division of property, alimony, child custody, child support, and 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,

Printed Page 3058 . . . . . Tuesday, May 23, 1995

and violent offenses; and writing briefs and arguing 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

Printed Page 3059 . . . . . Tuesday, May 23, 1995

despite the abuse. This resulted in considerable reluctance on the 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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