| Printed Page 930, Mar. 14 | Printed Page 950, Mar. 14 |

2. Legal Knowledge and Ability:

The input the Joint Committee received from its survey and from the Bar indicated that Ms. Wiggins is intelligent. As to the issue of whether or not she is knowledgeable in the law, the Joint Committee expressed concern about the depth of Ms. Wiggins's legal knowledge. Ms. Wiggins's Martindale-Hubbell rating is CV. Ms. Wiggins's score on the Joint Committee's practice and procedure questions was a 1.4 out of a possible 4 points. Ms. Wiggins was clearly familiar with some elements of the Administrative Procedures Act such as the definition of substantial evidence and the burden of proof in licensing matters. She was, however, unfamiliar with the legal standard of review for agency regulations, the issue of whether agencies have inherent authority, and the doctrine of collateral estoppel. Ms. Wiggins had some knowledge of the standard of review for agency appeals, the issue of when the Administrative Procedures Act would control over a specific statutory grant, standing, and the application of the rules of evidence in administrative matters. Her overall score was poor, however, and she did not demonstrate knowledge of rather basic issues of practice and procedure.

3. Professional Experience:

Ms. Wiggins has valuable experience in the practice of law, but has practically no experience with the type of matters that come before the Administrative Law Judge Division. The input the Joint Committee received from its survey and from the Bar raised concerns about a lack of applicable experience, and the Joint Committee is somewhat troubled by what it finds to be Ms. Wiggins's lack of experience with the type of matters that come before the Administrative Law Judge Division.

Ms. Wiggins has been in private practice since graduating from law school in 1986. Her practice has been primarily domestic (60%) and civil (40%). Ms. Wiggins testified that she has recently been working on civil matters such as personal injury cases, products liability cases, and construction litigation. The vast majority of her continuing legal education over the past five years has been in the areas of probate, trust, real estate, personal injury, and ethics.

She has practiced some administrative law, but with one exception, this has been strictly in the areas of social security disability and workers' compensation. These matters are handled before federal administrative

Ms. Wiggins did testify that she has served as a hearing officer for the Department of Consumer Affairs which would be somewhat similar to work in the Administrative Law Judge Division. The Joint Committee's research indicates that Ms. Wiggins presided over only three hearings since 1993, and all of the hearings involved pro se matters in which a department staff attorney drafted the orders.

Ms. Wiggins testified that her broad legal experience would transfer easily into the administrative arena and that she could further compensate by study of the Administrative Procedures Act.

4. Judicial Temperament:

The input the Joint Committee received from its surveys, the Bar, a witness who came forward to testify at the public hearing, and, perhaps most importantly, Ms. Wiggins herself indicated that she would need to change her temperament in order to serve on the bench. There were numerous anonymous survey respondents who indicated potential problems with temperament, and the Bar indicated that it received "mixed reports" on the issue. The Joint Committee considered these responses in its decision-making process, but relied primarily on the direct testimony and actions of Ms. Wiggins herself and of Mr. Jose Monge, a witness who testified in public session.

The Joint Committee received an affidavit from Mr. Jose Monge, a Columbia attorney who practices primarily military, international, and civil law. Mr. Monge handled a contested custody matter in which Ms. Wiggins was the opposing counsel. The Joint Committee understands that custody matters can be highly emotional contests, but Mr. Monge raised concerns that Ms. Wiggins's conduct over the course of her representation went beyond the bounds of zealous advocacy. Mr. Monge specifically alleged that Ms. Wiggins made accusations that he was incompetent and had misrepresented facts and committed fraud upon the court. He claimed

Ms. Wiggins responded to Mr. Monge's affidavit by filing a letter with the Joint Committee accusing him of incompetence and misrepresentation. She denied the allegation that she acted unprofessionally and denied accusing Mr. Monge of committing fraud on the court.

The Joint Committee steadfastly refused to inquire into the merits of the underlying case, but did closely examine both attorneys' conduct in the matter. Mr. Monge reiterated several times that his experience with Ms. Wiggins was limited to this one matter and that her conduct in other situations might be exemplary. During his appearance before the Joint Committee, Mr. Monge was somewhat soft-spoken and did not appear to have the demeanor that might have provoked confrontation.

The Joint Committee believes, based on the written evidence it had in this matter and the testimony of both Mr. Monge and Ms. Wiggins, that Ms. Wiggins probably did overstep the boundaries of zealous advocacy in her handling of this matter and that her response to Mr. Monge's affidavit is further evidence of a possibly poor temperament. Ms. Wiggins claimed in her letter to the Joint Committee that she "never accused Mr. Monge of committing fraud on the court," but the Joint Committee obtained a copy of a letter Ms. Wiggins sent to Mr. Monge in which she said "[t]he Order you submitted is totally erroneous and a fraud on the Court." Both Mr. Monge and Ms. Wiggins also testified to a hearing in this matter in which Ms. Wiggins argued with the court and the judge cleared the courtroom so that she could discuss Ms. Wiggins's conduct with her in private. The Joint Committee is particularly troubled by the fact that Ms. Wiggins chose to attack Mr. Monge's competency in her written response to his affidavit. Mr. Monge's competency has little to do with whether Ms. Wiggins acted in a professional matter. She testified that she is impatient with incompetence and that her reaction "depends on how far [she's] pushed." The Joint Committee is concerned by Ms. Wiggins's testimony in this regard as many of the parties before the Administrative Law Judge Division are pro se and may be very unfamiliar with both law and practice. Ms. Wiggins testified that she has more patience with pro se litigants than she does when in an adversarial relationship and that she thinks the temperament will "come easier" once she is on the bench.

5. Diligence and Industry:

Ms Wiggins 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. Wiggins 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 current troubled financial status. Ms. Wiggins did, however, declare Chapter Thirteen Bankruptcy in 1985, but has apparently managed her financial affairs responsibly since that time.

8. Public Service:

Ms. Wiggins serves on the Fee Resolution Dispute Board and the Legislative Counsel Committee of the South Carolina Bar. She is also a member of the South Carolina Pro Bono Program.

9. Ethics:

Ms. Wiggins 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.

Ms. Wiggins also testified that she understood the new Joint Committee rule requiring her to wait forty-eight hours after the draft report is released before she may begin seeking commitments.

10. Miscellaneous:

The Joint Committee did receive one statement in opposition to Ms. Wiggins's election. It was filed by Mr. Jose Monge and is discussed above.

Joint Committee's Finding: Legally Qualified

Judge Lee was screened on February 8, 1995, after a thorough investigation. The Joint Committee's findings as they relate to the nine evaluative criteria are as follows:

The Joint Committee's investigation did not reveal any evidence of unethical conduct. The input the Joint Committee received from its own survey and the report of the Bar was that Judge Lee's character, integrity, and reputation are outstanding.

Judge Lee demonstrated an understanding of the Canons of Judicial Conduct and other ethical consideration of importance to judges. On the issue of ex parte communications, Judge Lee stated that she discourages ex parte communications and if there is an inquiry, her administrative assistant takes the call and determines the nature of the matter. If the inquiry can be addressed in a letter, her administrative assistant requests that the caller do so and she gives a copy of the correspondence to all the parties. If the matter cannot be handled by way of a letter, she schedules a conference call. Judge Lee testified that she does answer questions regarding minor administrative matters ex parte.

Judge Lee testified that she does not accept gifts and accepts only those invitations for social hospitality that are extended to all judges on the court.

Judge Lee serves on the St. Peter's Catholic School Board, is a member of Jack and Jill of America, and currently serves as president of The Links, Incorporated. Jack and Jill of America and The Links are organizations designed to help foster educational and civic activities in the community. Judge Lee testified that she lists her name in civic organizations as Alison Lee Summey, her married name, and not as the Honorable Alison R. Lee. Judge Lee also testified that she is aware of the prohibition against fund raising in the Canons of Judicial Conduct and that she does not solicit funds or otherwise involve herself in fundraising activities.

2. Legal Knowledge and Ability:

The input the Joint Committee received from its survey and from the Bar indicated that Judge Lee is intelligent and knowledgeable. She has complied with the judicial continuing legal eduction requirements and has taught three legal education courses.

Judge Lee's score on the Joint Committee's practice and procedure questions was 2.89 out of 4 points. She answered questions about the promulgation of regulations, the burden of proof in licensing cases, and the rights of parties and protestants extremely well. She was also very familiar with whether agencies have inherent authority, conflicts between the Administrative Procedures Act and a specific statutory grant of authority, standards of review, and the definition of substantial evidence.

3. Professional Experience:

Judge Lee was elected to the Administrative Law Judge Division in 1994. She was a staff attorney for the Legislative Council from 1989 to 1994 and an associate with the McNair firm from 1984 to 1989. Prior to that, she clerked first for the Honorable Israel M. Augustine of the Fourth Circuit Court of Appeals and then for the Honorable C. Tolbert Goolsby, Jr.

Her work for the Legislative Council involved drafting legislation and amendments for members of the General Assembly. Her practice at the McNair firm focused primarily on litigation in contract and consumer-related issues and labor and employment related litigation.

4. Judicial Temperament:

The input the Joint Committee received from its surveys and from the Bar indicate that Judge Lee's temperament is excellent.

5. Diligence and Industry:

Judge Lee 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.

6. Mental and Physical Capabilities:

Judge Lee 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. Judge Lee has managed her financial affairs responsibly.

8. Public Service:

Judge Lee has been on the bench for one year and worked as a state attorney for the preceding five years.

9. Ethics:

Judge Lee testified that she has not:
(a) sought or received the pledge of any legislator prior to screening;

Judge Lee also testified that she understood the new Joint Committee rule requiring her to wait forty-eight hours after the draft report is released before she may begin seeking commitments.

Judge Lee testified that she has spent less than $100 on her campaign and therefore has not filed reports with either the House or Senate Ethics Committees.

10. Miscellaneous:

The Joint Committee did not receive any complaints or statements in opposition to Judge Lee's election.

The following persons were unanimously[4] found legally qualified:

[4] Representative Donald W. Beatty did not participate in the Joint Committee's investigation, public hearing, deliberations, or voting concerning Judge Burnett.

/s/Ralph King Anderson, Jr.
/s/James E. Brogdon, Jr.
/s/E. C. Burnett, III
/s/Amie Lois Clifford
/s/J. Derham Cole
/s/Dale L. DuTremble
/s/Tom J. Ervin
/s/C. Tolbert Goolsby, Jr.
/s/Ben A. Hagood, Jr.
/s/H. Dean Hall
/s/B. Hicks Harwell
/s/Kaye G. Hearn
/s/J. Ernest Kinard, Jr.
/s/Alison R. Lee
/s/Daniel E. Martin, Sr.
/s/Costa M. Pleicones
/s/C. Victor Pyle, Jr.
/s/Ray Stevens

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

February 7, 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, Jobs Economic Development Authority, for the term which commenced July 27, 1992, and to expire July 27, 1995, service to commence December 14, 1994:

At-Large:

Mr. Charles L. Appleby, III, 216 Genessee Valley Road, Columbia, S.C. 29223-3214 VICE Robert L. Mobley (resigned)

Referred to the Committee on Labor, Commerce and Industry.

Reappointment, Jobs Economic Development Authority, with term to commence July 27, 1995, and to expire July 27, 1998:

At-Large:

Mr. Charles L. Appleby, III, 216 Genessee Valley Road, Columbia, S.C. 29223-3214

Referred to the Committee on Labor, Commerce and Industry.

February 8, 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, Juvenile Parole Board, with term to commence June 30, 1993, and to expire June 30, 1997:

At-Large:

Mr. William J. Capers, 3244 Starlette Avenue, North Charleston, S.C. 29420-8847 VICE Robert C. Toomey (resigned)

Referred to the Committee on Corrections and Penology.

February 22, 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, Juvenile Parole Board, with term to commence September 30, 1994, and to expire June 30, 1998:

3rd Congressional District:

Referred to the Committee on Corrections and Penology.

February 23, 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, Board of Health and Environmental Control, with term to commence June 30, 1995, and to expire June 30, 1999:

3rd Congressional District:

Mr. Rodney L. Grandy, 261 Magnolia Lake Road, Aiken, S.C. 29803 VICE Sandra J. Molander

Referred to the Committee on Medical Affairs.

February 24, 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

| Printed Page 930, Mar. 14 | Printed Page 950, Mar. 14 |

This web page was last updated on Monday, June 29, 2009 at 2:12 P.M.