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Printed Page 3070, May 23
| Printed Page 3090, May 23
| (a) ABA "Outstanding Young Jurist" (1994);
(b) U.S.C. 1994 Distinguished Black Alumni;
(c) Woman of Achievement, S.C. Commission on Women (1992); and
(d) University of South Carolina's 1992 Distinguished Young Alumni.
(9) Ethics:
Judge Rogers reported on her application materials that she has spent
$1,395.22 on her campaign.
Judge Rogers 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:
Judge Rogers meets the constitutional and statutory requirements for the
offices she seeks.
While the Bar found Judge Rogers qualified, it noted a number of concerns.
The Bar's report is as follows:
Most of those interviewed feel that she is of good character and
integrity.
Opinions as to the extent of her knowledge of the law were mixed.
Initially, Judge Rogers had very little experience in Family Court. Of grave
concern were a series of incarcerations of status offenders. It is generally
conceded that she has improved in her knowledge of the law.
Concerns were expressed by some of those interviewed as to her judicial
temperament. Some lawyers felt that she was fair and courteous; others felt
that she was discourteous to both lawyers and litigants.
The greatest number of concerns were expressed about her consistent failure
to be on the bench when court was scheduled to start (usually being very
late) and her frequent absences from the
MAJORITY REPORT:
/s/Senator Glenn F. McConnell, Chairman
/s/Senator John R. Russell
/s/Rep. F. Greg Delleney, Jr., Vice-Chairman
/s/Rep. Paula H. Thomas
/s/Rep. W. Douglas Smith
We, the undersigned minority of the Judicial Screening Committee, would find that Judge Abigail R. Rogers is qualified for continued service on the Family Court bench for the Fifth Judicial Circuit. While we are concerned by testimony that she has not always been punctual in her service on the bench, we are not prepared to find her unqualified on this issue as lack of punctuality plagues many of the members of the bench as a whole. In view of the majority's insistence on Judge Rogers' adherence to punctuality, we would expect the Committee, as a whole, to insist upon punctuality of all judges who will be screened in the future, and by copy of our opinion, serve notice upon members of the bench that punctuality is expected of all judges. We are also aware of testimony given to the Committee that at times Judge Rogers appeared to make decisions without benefit or resort to pleadings or affidavits filed with her court. In our opinion, we would find that this seeming lack of attention is more a matter of appearance than reality, and would encourage all judges to ensure that litigants understand that the court has given their cases careful attention, whether such attention is given in the courtroom or in chambers. The majority of the Committee appear to be most troubled by inconsistencies in Judge Rogers' testimony and testimony of those who alleged that she threatened arrest and/or service of a bench warrant if her former secretary did not return to her employ. We would find that many of the witnesses who testified before the Committee have diminished recollections of events which occurred nearly two years ago. We also would find that many of these witnesses appeared to have interconnecting interests which leads us to believe that their testimony was geared more toward unseating Judge Rogers than assisting the Committee in determining a true account of what occurred two years ago.
Each of us has wrangled with the substantial amount of testimony presented to the Committee on the number of issues presented regarding Judge Rogers' qualifications. In our opinion, Judge Rogers' tremendous talents and proven success in dealing with our state's substantial juvenile delinquency and justice problems deserve recognition. In view of this and of the lack of any clear evidence of misconduct on her part, we would, therefore, find her qualified.
MINORITY REPORT:
/s/Senator Edward E. Saleeby
/s/Senator Thomas L. Moore
/s/Rep. Ralph W. Canty
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
April 27, 1995
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Initial Appointment, John de la Howe School Board of Trustees, with term to commence April 1, 1993, and to expire April 1, 1998:
At-Large:
Ms. Diane J. Brock, 213 Polaris Street, Anderson, S.C. 29621 VICE Hugh Z. Graham
Received as information.
May 19, 1995
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Initial Appointment, Richland County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:
The Honorable Clifford E. Eisenhower, 318 Blue Horse Circle, Elgin, S.C. 29045 VICE Charles R. Delk (resigned)
Reappointment, Horry County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:
The Honorable Gerald T. Whitley, Jr., 3522 Golf Avenue, Little River, S.C. 29566
Received as information.
The following were received and referred to the appropriate committees for consideration:
Document No. 1863
Promulgated by Department of Social Services
Supervised Independent Living
Received by Lt. Governor May 5, 1995
Referred to Senate General Committee
120 day review expiration date April 10, 1996
Document No. 1865
Promulgated by Health and Human Services Finance Commission
Categorically Needy Eligible Groups
Received by Lt. Governor May 15, 1995
Referred to Senate General Committee
120 day review expiration date April 20, 1996
The following were received:
Document No. 1818
Promulgated by LLR - Board of Accountancy
Experience While Obtaining Required Education; Reinstatement of License After
Revocation; Form of Organization and Name
Received by Lt. Governor March 24, 1995
Referred to Senate Committee on Labor, Commerce and Industry
120 day review expiration date February 28, 1996
Withdrawn and resubmitted May 11, 1995
Document No. 1830
Promulgated by Department of Health and Environmental Control
State Primary Drinking Water Regulations
Received by Lt. Governor March 15, 1995
Referred to Senate Committee on Medical Affairs
120 day review expiration date February 19, 1996
Withdrawn and resubmitted May 15, 1995
On motion of Senator GIESE, at 12:15 P.M., Senator RYBERG was granted a leave of absence for Tuesday, Wednesday and Thursday, May 23, 24 and 25, 1995.
Mr. President and Senators:
The House respectfully informs your Honorable Body that it refuses to concur
in the amendments proposed by the Senate to:
H. 3096 -- Reps. Thomas, Marchbanks, Simrill, Cromer, Walker, Vaughn, Wilder,
Tripp, Elliott, Wells, Stille, Kelley, Richardson, Gamble, Stuart, Phillips,
D. Smith, Law, Allison, Harrison, Keyserling, Tucker, Meacham, Shissias,
Robinson, Baxley and Spearman: A BILL TO AMEND SECTION 16-1-60, AS AMENDED,
CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION
On motion of Senator WILLIAMS, the Senate insisted upon its amendments to H. 3096 and asked for a Committee of Conference.
Whereupon, the PRESIDENT appointed Senators HOLLAND, MOORE and COURSON of the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has confirmed
the:
Initial Appointment, State Ethics Commission, with term to commence June 30, 1993, and to expire June 30, 1998:
At-Large:
Mr. Richard Vance Davis, 117 Hialeah Road, Greenville, S.C. 29607 VICE John S. Simmons (resigned)
Very respectfully,
Speaker of the House
Received as information.
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has confirmed
the:
Initial Appointment, State Ethics Commission, with term to commence July 1, 1994, and to expire July 1, 1999:
At-Large:
Mr. H. Bowen Woodruff, Young, Clement, Rivers & Tisdale, Post Office Box 993, Charleston, S.C. 29402
Received as information.
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has confirmed
the:
Initial Appointment, State Ethics Commission, with term to commence June 30, 1995, and to expire June 30, 2000:
At-Large:
Mr. Frank B. Washington, 2225 Lorick Avenue, Columbia, S.C. 29203 VICE Adriene B. Wright
Very respectfully,
Speaker of the House
Received as information.
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has confirmed
the:
Initial Appointment, State Ethics Commission, with term to commence June 1, 1991, and to expire May 31, 1995:
4th Congressional District:
Mr. Raymond B. Smith, 466 Pimlico Road, Greenville, S.C. 29607 VICE William A. Coates (resigned)
Reappointment, State Ethics Commission, with term to commence May 31, 1995, and to expire May 31, 2000:
4th Congressional District:
Mr. Raymond B. Smith, 466 Pimlico Road, Greenville, S.C. 29607
Received as information.
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has confirmed
the:
Reappointment, State Ethics Commission, with term to commence June 1, 1991, and to expire May 31, 1995:
2nd Congressional District:
Mr. Edward E. Duryea, 3 Riverside Lane, Beaufort, S.C. 29902
Reappointment, State Ethics Commission, with term to commence May 31, 1995, and to expire May 31, 2000:
2nd Congressional District:
Mr. Edward E. Duryea, 3 Riverside Lane, Beaufort, S.C. 29902
Very respectfully,
Speaker of the House
Received as information.
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has confirmed the
initial appointment:
Initial Appointment, State Board of Pharmacy, with term to commence April 4, 1995, and to expire coterminous with the Governor:
Pharmacist - At-Large:
Hubert F. Mobley, R.Ph., Mobley Drugs, Inc., 403 West Meeting Street, Lancaster, S.C. 29720
Very respectfully,
Speaker of the House
Received as information.
S. 533 -- Finance Committee: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO ALLOW A GOVERNING BODY OF A MUNICIPALITY BY ORDINANCE TO EXEMPT FROM MUNICIPAL AD VALOREM TAX FOR NOT MORE THAN FIVE YEARS PROPERTY LOCATED IN THE MUNICIPALITY RECEIVING THE FIVE-YEAR EXEMPTION FROM COUNTY AD VALOREM TAXES AS NEW CORPORATE HEADQUARTERS, CORPORATE OFFICE FACILITIES, DISTRIBUTION FACILITIES, RESEARCH AND DEVELOPMENT FACILITIES, AND ADDITIONS TO SUCH FACILITIES, AND TO PROVIDE THAT THIS EXEMPTION FIRST IS ALLOWED WHEN THE STATE CONSTITUTION IS AMENDED SO AS TO AUTHORIZE THE EXEMPTION.
Senator SETZLER asked unanimous consent to make a motion to recall the Bill from the Legislative Council.
There was no objection.
A message was sent to the Legislative Council accordingly.
The Senate proceeded to a consideration of the Bill. The question being the reconsideration of concurrence of the Bill.
Senator SETZLER proposed the following amendment (S-EDUC\533.001), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION . A. Notwithstanding the provisions of Section 12-43-220(d)(3) of the 1976 Code, the deadline for filing for agricultural use value for property owned as of December 1, 1993, is extended to January 15, 1996.
B. This section takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator SETZLER spoke on the amendment.
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