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
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Printed Page 4040 . . . . . Friday, June 9,
1995
(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
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
Printed Page 4041 . . . . . Friday, June 9,
1995
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 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
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1995
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 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.
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1995
(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.
(9) Ethics:
Ms. Riddle reported on her application that her campaign expenditures have
totaled $91.04.
Ms. Riddle 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:
Ms. Riddle meets the constitutional and statutory requirements for the office
she seeks.
The Bar found Ms. Riddle qualified and said:
She is a family court practitioner who has handled all aspects of work in
that court. She has extensive knowledge in the subject matters addressed by
Family Court.
She has an excellent reputation for truthfulness, character, and
diligence.
Ms. Riddle is perceived to possess the demeanor and temperament necessary
for the bench.
She would be fair and impartial to lawyers and litigants.
Respectfully submitted,
/s/Senator Glenn F. McConnell, Chairman
/s/Rep. F. Greg Delleney, Jr., Vice-Chairman
/s/Senator Edward E. Saleeby
/s/Senator Thomas L. Moore
/s/Senator John R. Russell
/s/Rep. Paula H. Thomas
/s/Rep. Ralph W. Canty
/s/Rep. W. Douglas Smith
Printed Page 4044 . . . . . Friday, June 9,
1995
The Honorable Abigail Rogers
Candidate for Re-election to the Family Court
of the 5th Judicial Circuit
Report of the Majority
Joint Committee's Finding: Not Qualified
Judge Rogers was screened on May 11, 12, and 16, 1995, after a thorough
investigation. The majority's findings as they relate to the nine evaluative
criteria are as follows:
(1) Integrity and Impartiality:
The input the Joint Committee received from the public and from members of
the Bar was very divided. Some individuals reported that Judge Rogers'
integrity and impartiality are excellent, but the Joint Committee received
evidence that Judge Rogers is at times arrogant and attempts to intimidate
people by using the power and prestige of her office.
The majority is particularly concerned by evidence of a situation in which
Judge Rogers attempted to use her judicial office to intimidate her former
secretary. The majority believes that Judge Rogers threatened to issue a
bench warrant for the arrest of her former secretary after the secretary took
another job. The majority is aware of inconsistencies in the testimony on
this issue, particularly with respect to when telephone calls were made, how
many telephone calls were made, and whether the secretary had given Judge
Rogers notice of her intent to resign, but the majority believes that these
inconsistencies were not material and actually help to corroborate the
secretary and her employer because they tend to indicate that the witnesses
had not rehearsed their testimony. The secretary and her employer were
subpoenaed late at night to immediately appear before the Joint Committee, had
not previously contacted the Joint Committee, and reluctantly testified.
Their testimony was corroborated by a family court judge and several other
witnesses who appeared only after being subpoenaed. For these and other
reasons, the majority believes that Judge Rogers threatened to issue a bench
warrant for the secretary's arrest and was not truthful about this issue in
her testimony under oath before the Joint Committee. The majority believes
that they cannot, in view of the evidence, find a judge who abused her power
and did not tell the truth under oath to the General Assembly's screening
committee qualified for further service on the bench.
Printed Page 4045 . . . . . Friday, June 9,
1995
The majority was also very troubled by testimony that Judge
Rogers issued an invalid subpoena to Southern Bell and then
attempted to intimidate a Southern Bell employee into complying
with the subpoena. Southern Bell's custodian of records
testified that she was served with a subpoena duces tecum which
Judge Rogers had signed and which attempted to compel her to
produce the records of incoming local telephone calls to Judge
Rogers' residence. The custodian of records contacted Judge
Rogers about the subpoena because she believed it to be
invalid. The custodian of records testified that Judge Rogers'
tone was harsh and that Judge Rogers used her judicial office
in an attempt to intimidate the custodian of records into
complying with an invalid subpoena. Judge Rogers admitted
issuing the subpoena, but said she did so at the suggestion of
a Southern Bell employee whom she could not name. Judge Rogers
denied attempting to intimidate the custodian of records. The
majority is troubled by this incident because it believes that
Judge Rogers abused her judicial power by issuing the subpoena
and, most importantly, by attempting to intimidate the
custodian of records.
(2) Legal Knowledge and Ability:
The majority believes that Judge Rogers is intelligent and knowledgeable.
Her performance on the Joint Committee's practice and procedure questions met
expectations.
Judge Rogers' record on appeal since her election in 1991 has been good as
she has been appealed in two reported appellate decisions and was affirmed in
both of those matters. She was, however, reversed in several
unreported appellate decisions. These matters concern the majority as
they dealt with situations in which the appellate court believed that Judge
Rogers improperly incarcerated juveniles. In June of 1992 the Supreme Court
granted a habeas corpus petition in the matter of In re Christopher B.
in part because Judge Rogers had ordered a 17-year old confined to DYS custody
for a status offense. In this matter the status offense was truancy and the
minor had been charged with only one such offense. In March of 1993, Judge
Rogers' order in In re Stacey R. incarcerating a 15-year old female for
incorrigibility was vacated by a per curiam order of the Supreme Court. The
court stated that it must "again remind family court judges that mere
status offenders are not to be placed in detention facilities." In April
of 1994 in In re Beatrice N., the Supreme Court issued another per
curiam order reversing Judge Rogers' detention of a 15 year old female for a
status offense, this time for the offenses of incorrigibility and truancy.
The majority understand that judges make mistakes of law
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1995
and are reversed from time-to-time, but the majority is troubled
that Judge Rogers has been repeatedly reversed on the very important issue of
when juveniles are to be incarcerated.
(3) Professional Experience:
Judge Rogers was admitted to the Bar in 1983. She described her legal
experience as follows:
(a) 1982-1985 Fifth Circuit Assistant Solicitor. Tried cases in both Family
and General Sessions Court.
(b) 1985-1991 Assistant Chief counsel, S.C. Highway Department. Judge
Rogers did some criminal work, but the main focus of her
practice was in civil litigation, workers' compensation, and
appellate practice.
(c) 1991-Present Family Court Judge, Fifth Judicial Circuit
Judge Rogers had little family court experience prior to her election to the
bench in 1991. She testified that she attempted to compensate for that lack
of experience by studying the law and attending CLE forums.
(4) Judicial Temperament:
The majority believes that Judge Rogers is capable of exhibiting good
judicial temperament and often does so. The majority also believes, however,
that Judge Rogers tends to lose her temper and sometimes treats individuals
who appear before her very poorly. The majority believes that judges should
be stern and that it is often appropriate for a family court judge to be firm
with litigants and lawyers in the courtroom. However, the majority believes
that Judge Rogers' demeanor can be imperious instead of merely stern.
(5) Diligence and Industry:
Judge Rogers testified that she was late and had to take frequent breaks
during the period in which she was pregnant and nursing her child. Others,
including courtroom personnel, litigants, lawyers, family court judges, and
witnesses who testified on Judge Rogers' behalf, testified that she was
frequently very late in the morning and returning from lunch and from breaks.
The majority is not persuaded by the excuses Judge Rogers offered for her
tardiness. The majority also believes, on the basis of testimony from a
retired family court judge and other evidence, that the problem was not
confined strictly to that time period during which Judge Rogers was pregnant
and nursing. The majority views such problems of punctuality as very serious
because they demonstrate a lack of respect for litigants, lawyers, and other
courtroom participants.
Printed Page 4047 . . . . . Friday, June 9,
1995
The majority is also very concerned about evidence that Judge
Rogers does not pay attention to affidavits and other documents
she is to consider. The majority was moved by the testimony of
one father who appeared before Judge Rogers in a custody
matter. The father and his attorney testified that they
submitted affidavits for Judge Rogers to consider, but the
lengthy affidavits were clocked-in at 8:59 a.m. and the hearing
began at 9:00 a.m. Judge Rogers testified that she had read
the affidavits, but was concerned that the father did not
understand that she had done so. Judge Rogers testified that
she learned from this incident and would be more careful to
ensure that litigants understood she had read their materials.
The majority appreciates Judge Rogers testimony on this issue,
but is not convinced that Judge Rogers could have read the
affidavits under the circumstances of this case. Furthermore,
there was also testimony about another matter in which Judge
Rogers asked a couple if they could be reconciled when they had
been divorced for many years. The majority believes that Judge
Rogers' failure to read materials presented for her
consideration is further evidence of her lack of respect for
litigants and lawyers and a very serious failure in her
performance on the bench.
In the early period of Judge Rogers' service on the bench, she was slow in
the production of orders and in one situation did not report all the matters
she had under advisement to Court Administration as judges are required to do.
The majority is troubled by Judge Rogers' problems in this regard, but
believes that she has improved in this area.
(6) Mental and Physical Capabilities:
Judge Rogers 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.
(8) Public Service:
Judge Rogers has been a Family Court Judge since 1991.
Judge Rogers was very active in undergraduate and law school activities.
Judge Rogers is very active in professional and community activities. She
has been the recipient of several awards including:
(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.
Printed Page 4048 . . . . . Friday, June 9,
1995
(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 bench during times when matters were
scheduled. This behavior is perceived as disrespectful of litigants,
witnesses, and lawyers (particularly because explanations were not offered)
and is disruptive to efficient disposition of matters and movement of the
docket. It was described by some as a failure to manage her courtroom.
Numerous concerns were expressed as to her tardiness in deciding cases and
producing orders. In one instance the South Carolina Supreme Court ordered
her to file an order in a case; Judge Rogers complied immediately.
There was testimony that Judge Rogers has been the victim of a conspiracy to
defeat her bid for re-election, but these allegations lacked specificity and
substance and the majority found no evidence of such a conspiracy. There were
certainly conversations amongst members of
Printed Page 4049 . . . . . Friday, June 9,
1995
the Bar and public about Judge Rogers' qualifications for
judicial office. Such conversations do not constitute a conspiracy, however,
because they do not involve plans for illegal or improper activity.
The majority feels that Judge Rogers is not the first judge to be tardy, late
with matters under advisement, or to have lost her temper and acted
imprudently. However, in its collective memory, the majority has no
recollection of any candidate who when confronted with a substantial body of
evidence in contradiction, including testimony from a number of disinterested
witnesses, either always shifted the blame or failed to account for her own
behavior. This presents problems to a committee called upon to administer
oaths and prepare accurate accounts of qualifications, and the majority
believes that such behavior is repugnant to public service in general and
service on the bench or as a role model in particular. Based on the totality
of the circumstances, including the evidence herein, the admissions, and the
veracity of Judge Rogers under oath, the majority has no option other than to
find her not qualified and re-open the Joint Committee's process for the
acceptance of applications.
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
The Honorable Abigail R. Rogers
Dissenting Opinion
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
Printed Page 4050 . . . . . Friday, June 9,
1995
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.
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