Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the ACTING PRESIDENT, Senator GIESE.

TO:       The Clerk of the Senate

The Clerk of the House
FROM:   Glenn F. McConnell, Chairman

Judicial Merit Selection Commission
DATE:     May 14, 1999

In compliance with the provisions of Act No. 119, 1975 S.C. Acts 122, it is respectfully requested that the following information be printed in the Journals of the Senate and the House.

Respectfully submitted,

Senator Glenn F. McConnell, Chairman
Representative F.G. Delleney, Jr., Vice-Chairman
Representative Ralph W. Canty
Richard S. Fisher, Esquire
Dr. Harry M. Lightsey, Jr.
Mrs. Amy Johnson McLester
Senator Thomas L. Moore
Senator Edward E. Saleeby
Judge Curtis G. Shaw
Representative William Douglas Smith

Date Draft Report Issued:
Wednesday, May 12, 1999

Date and Time Final Report Issued:
Friday, May 14, 1999, at 4:00 p.m.

For a full transcript of the Judicial Merit Selection Commission proceedings, see: www.lpitr.state.sc.us/report.htm.

The Judicial Merit Selection Commission public hearing transcripts are also available for review in:

Office of the Clerk of the Senate
Room 401, Gressette Building
Columbia, South Carolina 29201
803-212-6200

or

Office of the Judicial Merit Selection Commission
Room 102, Gressette Building
Columbia, South Carolina 29201
803-212-6092

The Judicial Merit Selection Commission is charged by law to consider the qualifications of candidates for the judiciary. This report details the reasons for the Commission's findings, as well as each candidate's qualifications as they relate to the Commission's evaluative criteria. The Commission is operating under the law which went into effect July 1, 1997, and which has dramatically changed the powers and duties of the Commission. One component of this law is that the Commission's finding of "qualified" or "not qualified" is binding on the General Assembly. Furthermore, the Commission is required to submit no more than three names for any particular judicial race; therefore, for three races the Commission was required to pare the number of candidates presented for consideration by the General Assembly. The Commission is also cognizant of the need for members of the General Assembly to be able to differentiate between candidates and, therefore, has attempted to provide as detailed a report as possible.

The Judicial Merit Selection Commission is composed of ten members, four of whom are non-legislators. The Commission has continued the more in-depth screening format started previously. The Commission has asked Family Court candidates their views on issues peculiar to service on that particular court. These questions were posed in an effort to provide the members of the General Assembly more information about candidates and their thought processes on issues relevant to their candidacies. The Commission has also engaged in a more probing inquiry into the depth of a candidate's experience in areas of practice that are germane to the office he or she is seeking. The Commission feels that candidates should have familiarity with the subject matter of the courts for which they offer, and feels that candidates' responses should indicate their familiarity with most major areas of the law with which they will be confronted.

In assessing each candidate's performance on the practice and procedure questions, the Commission has placed candidates in either the "failed to meet expectations" or "met expectations" category. The Commission feels that these categories should accurately impart the candidate's performance on the practice and procedure questions.

The Commission has also used the Citizens Advisory Committees on Judicial Qualifications as an adjunct of the Commission. The Commission was concerned that since the decisions of our judiciary play such an important role in people's personal and professional lives, all South Carolinians should have a voice in the selection of the state's judges. It was this desire for broad-based grassroots participation that led the Commission to create the Citizens Advisory Committees on Judicial Qualifications. These committees composed of people from a broad range of experience (doctors, lawyers, teachers, businessmen, and advocates for varied organizations; members of these committees are also diverse in their racial and gender backgrounds) were asked to advise the Commission on the judicial candidates in their regions. Each regional committee interviewed the candidates from its assigned area and also interviewed other individuals in that region who were familiar with the candidate either personally or professionally. Based on those interviews and its own investigation, each committee provided the Commission with a report on their assigned candidates based on the Commission's evaluative criteria. The Commission then used these reports as a tool for further investigation of the candidate if the committee's report so warranted. Summaries of these reports have also been included in the Commission's report for your review.

The Commission conducts a thorough investigation of each candidate's professional, personal, and financial affairs, and holds public hearings during which each candidate is questioned on a wide variety of issues. The Commission's investigation focuses on the following evaluative criteria: constitutional qualifications; ethical fitness; professional and academic ability; character; reputation; physical health; mental health; and judicial temperament. The Commission's investigation includes the following:

(1)   survey of the bench and bar;

(2)   SLED and FBI investigation;

(3)   credit investigation;

(4)   grievance investigation;

(5)   study of application materials;

(6)   verification of ethics compliance;

(7)   search of newspaper articles;

(8)   conflict of interest investigation;

(9)   court schedule study;

(10)   study of appellate record;

(11)   court observation; and

(12)   investigation of complaints.

While the law provides that the Commission must make findings as to qualifications, the Commission views its role as also including an obligation to consider candidates in the context of the judiciary on which they would serve and, to some degree, govern. To that end, the Commission inquires as to the quality of justice delivered in the courtrooms of South Carolina and seeks to impart, through its questioning, the view of the public as to matters of legal knowledge and ability, judicial temperament, and the absoluteness of the Judicial Canons of Conduct as to recusal for conflict of interest, prohibition of ex parte communication, and the disallowance of the acceptance of gifts. However, the Commission is not a forum for reviewing the individual decisions of the state's judicial system absent credible allegations of a candidate's violations of the Judicial Canons of Conduct, the Rules of Professional Conduct, or any of the Commission's nine evaluative criteria that would impact on a candidate's fitness for judicial service.

The Commission expects each candidate to possess a basic level of legal knowledge and ability, to have experience that would be applicable to the office sought, and to exhibit a strong adherence to codes of ethical behavior. These expectations are all important, and excellence in one category does not make up for deficiencies in another.

This report is the culmination of weeks of investigatory work and public hearings. The Commission takes its responsibilities seriously as it believes that the quality of justice delivered in South Carolina's courtrooms is directly affected by the thoroughness of its screening process. Please carefully consider the contents of this report as we believe it will help you make a more informed decision. If you would like to review portions of the screening transcript or other public information about a candidate before it is printed in the Journal, please contact the Commission at 212-6092.

This report conveys the Commission's findings as to the qualifications of all candidates currently offering for election to the Supreme Court, Court of Appeals, Circuit Court, Family Court, and the Administrative Law Judge Division.

Commission's Findings:   QUALIFIED, BUT NOT NOMINATED

(1)   Constitutional qualifications:

Based on the Commission's investigation, Judge Culbertson meets the qualifications prescribed by law for judicial service as an Administrative Law judge.

Judge Culbertson was born on February 24, 1959. He is 40 years old and a resident of Georgetown, South Carolina. Judge Culbertson provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1984.

(2)   Ethical fitness:

The Commission's investigation did not reveal any evidence of unethical conduct by Judge Culbertson.

Judge Culbertson demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.

Judge Culbertson reported that he has made $56 in campaign expenditures.

Judge Culbertson testified 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;

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

Judge Culbertson testified that he is aware of the Commission's 48-hour rule regarding the formal and informal release of the screening report.

(3)   Professional and academic ability:

The Commission found Judge Culbertson to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.

Judge Culbertson described his past continuing legal or judicial education during the past five years as follows:

Mechanics Liens; 3/99;SC Bar

Practice Before Masters-in-Equity; 10/09/98;SC Bar; 6.0

Rules, Rules, Rules; 03/20/98; SC Bar; 5.0

Ten Things You Need To Know; 02/13/98; SC Bar     3.0

That Was The Year That Was; 01/03/97; SC Bar; 7.5

Practice Before Masters-In-Equity; 10/18/96;SC Bar; 6.5

Alternative Dispute Resolution; 07/19/96; SC Bar; 8.0/1.0 LEPR

Ethics, Substance Abuse and Mental Health; 12/08/95; Charter; 6.5/2.0 LEPR

Mastering New SC Rules of Evidence; 12/07/95; SC Bar; 6.0

Criminal Practice in South Carolina; 11/03/95; SC Bar; 7.25/3.0 LEPR

1994-This Was The Year That Was; 12/02/94; SC Bar; 6.25

Professional Responsibility; 11/16/94; SCBar/ALPS; 3.0/3.0 LEPR.

Judge Culbertson reported that he has not taught any law-related courses.

Judge Culbertson reported that he has not any published books and/or articles.

(4)   Character:

The Commission's investigation of Judge Culbertson did not reveal any evidence of founded grievances made against him. The Commission's investigation of Judge Culbertson did not indicate any evidence of a recent troubled financial status. Judge Culbertson is currently handling his financial affairs responsibly.

The Commission also noted that Judge Culbertson was punctual and attentive in his dealings with the Commission, and the Commission's investigation did not reveal any problems with his diligence and industry.

(5)   Reputation:

Judge Culbertson reported that his Martindale-Hubbell rating is "BV."

(6)   Physical health:

Judge Culbertson appears to be physically capable of performing the duties of the office he seeks.

(7)   Mental stability:

Judge Culbertson appears to be mentally capable of performing the duties of the office he seeks.

(8)   Experience:

Judge Culbertson was admitted to the South Carolina Bar in 1984.

Since his graduation from law school, Judge Culbertson reported that from January 4, 1985 until December 31, 1987, he was an associate attorney in the firm of Schneider & O'Donnell, P.A. in Georgetown, South Carolina. This firm maintained a general practice of law. On January 1, 1988, he became a partner in the firm and in 1989, the firm changed its name to O'Donnell & Culbertson, P.A.

On January 1, 1991, he left the firm of O'Donnell & Culbertson, P.A. and opened his own office under the firm name of Law Office of Benjamin H. Culbertson, P.A. This is a general law practice and he continues to practice under that firm name as a sole practicing attorney.

In addition to his practice of law as an attorney, Judge Culbertson served as Assistant Municipal Judge for the City of Georgetown, S.C., from January 1985 until April 1996. As Assistant Municipal Judge, he presided over traffic court, signed arrest warrants, conducted bond hearings and presided over preliminary hearings.

From April 1996 until the present, he has served as Master-in-Equity for Georgetown County, South Carolina. As such, he serves as judge on non-jury civil trials.

Judge Culbertson provided that he has never appeared before an ALJ, although some cases have come before him as Master-in-Equity because both offices deal with similar issues.

Judge Culbertson reported the frequency of his court appearances during the last five years as follows:

(a)   Federal:   During the past five years, he has had six cases in federal court. Five cases have settled prior to trial and one case settled during trial.

(b)   State:     Over the last five years, he has appeared as a lawyer in state General Sessions and Common Pleas Court an average of ten times per year. He has appeared in state Family Court an average of 35 to 40 times a year.

Judge Culbertson reported the percentage of his practice involving civil, criminal, and domestic matters during the last five years as follows:

(a)   Civil:       25%

(b)   Criminal:     20%

(c)   Domestic:   30%

Judge Culbertson reported the percentage of his practice in trial court during the last five years as follows:

(a)   Jury:       5%

(b)   Non-jury:   95%

Judge Culbertson reported that he most often served as sole counsel in these matters.

The following is Judge Culbertson's account of his five most significant litigated matters:

"(a)   Lewis G. Haselden, Jr. v. James A. Bove, Unpublished Opinion 98-UP-006, Filed 1/7/98 (Ct.App.1998)-Common Pleas case in which I represented the Plaintiff/Respondent in suit for collection of a debt arising under a promissory note. I also represented Plaintiff/Respondent on appeal. Directed verdict was granted in favor of Plaintiff/Respondent in the amount of $107,083.21. Directed verdict was affirmed;

(b)   William T. Sullivan v. Coastal Wire Company, Inc. and Hartford Accident and Indemnity Company, W.C.C. File 9021214. Workers' Compensation claim in which I represented the injured employee. Employer failed to file claim and I filed claim for employee. Carrier voluntarily began paying temporary total benefits but, then, wrongfully stopped payment of benefits. At a hearing before a single commissioner, the commissioner ruled that the Employer/Carrier had wrongfully stopped payment of temporary total benefits, granted penalties to the employee, assessed costs against the Employer/Carrier and ordered the Employer/Carrier to pay for employee's additional medical treatments. Thereafter, workers' compensation claim settled. Collateral to this case, I filed a civil suit (90-CP-22-676) on behalf of the employee against the employer for wrongful termination. The civil suit settled without trial;

(c)   Sue Kay Wilson v. Andrews Academy, Inc., 92-CP-22-461. Common Pleas case in which I represented the Plaintiff in suit for unpaid wages. Received jury verdict in favor of the Plaintiff for the unpaid wages. Trial judge also granted additional judgment for attorney's fees and costs;

(d)   Margaret Young Goude v. Edward Randolph Goude, Sr., Unpublished Opinion 93-UP-113, filed 4/20/93 (Ct.App.1993); Domestic case in which I represented wife/plaintiff. Family Court awarded wife custody, child support, alimony, equitable division of assets, apportionment of debts, attorney's fees and costs. Husband/defendant appealed the family court order. I represented wife on appeal. Family Court order was affirmed;

(e)   State v. Carolyn Owens, 85-GS-22-283. General Sessions case in which I represented the defendant who was charged with pointing a firearm. The jury returned a verdict of "not guilty;

All of these cases are significant in that each is before a different tribunal. I was the sole attorney for my clients in each case. I know the procedures and law for each tribunal and I have been successful in all practices of law."

The following is Judge Culbertson's account of civil appeals he has personally handled:

"(a)   Lewis G. Haselden, Jr. v. James A. Bove, Unpublished Opinion 98-UP-006, Filed 1/7/98 (Ct.App.1998); Common Pleas case in which I represented the Plaintiff/Respondent in suit for collection of a debt arising under a promissory note. I also represented Plaintiff/Respondent on appeal. Directed verdict was granted in favor of Plaintiff/Respondent in the amount of $107,083.21. Directed verdict was affirmed;

(b)   Margaret Young Goude v. Edward Randolph Goude, Sr., Unpublished Opinion 93-UP-113, filed 4/20/93 (Ct.App.1993); Domestic case in which I represented wife/plaintiff. Family Court awarded wife custody, child support, alimony, equitable division of assets, apportionment of debts, attorney's fees and costs. Husband/defendant appealed the family court order. I represented wife on appeal. Family Court order was affirmed."

Judge Culbertson provided that he has had the following judicial experience:

Assistant Municipal Judge for the City of Georgetown, S.C.: He served from January 1985 to April 1996 and was appointed by City Council. He presided over city traffic court and other criminal matters with penalties of not more than 30 days in jail and/or $500 fine. He also conducted bond hearings for General Session offenses, signed arrest warrants, and conducted preliminary hearings.

Master-in-Equity for Georgetown County, S.C.: He has served from April 1996 to the present. He was appointed by the Governor upon the advice and consent of the General Assembly. He has the same jurisdiction as a circuit court judge in non-jury civil matters, although he can only preside over matters referred to him by court order. A court order in any given case may limit jurisdiction.

The following is Judge Culbertson's account of his five most significant orders or opinions:

"(a)   Gene Boyle Brading v. County of Georgetown, 490 S.E.2d 4 (1997); Plaintiff/Appellant filed suit against the County seeking declaratory judgment that beach access property adjacent to her property had not been dedicated for public use and, further, that the county's construction of parking spaces in the access area would constitute a nuisance. Plaintiff also asked that the county be enjoined from constructing parking spaces in such access area. Sitting as special referee, I ruled that the access area had been dedicated for public use as a street and the county's construction of parking spaces in such access area was not a nuisance. My order was affirmed on appeal by the South Carolina Supreme Court;

(b)   Wachesaw Plantation, et al., v. Richard N. Mickel, et al., 96-CP-22-374. Foreclosure action in which I granted judgment in favor of the Plaintiff and ordered the foreclosure sale of the defendants' property. Defendants were the highest bidder upon the opening day of sale. Deficiency judgment having been demanded, bidding remained open for 30 days. The Defendants bid would have satisfied the judgment, though Defendants did not comply with their bid prior to the close of bidding. On the thirtieth day after the sale, bidding was reopened and, five minutes prior to the close of bidding, a third party bid $1.00 more than the Defendants. On Defendants' motion for reconsideration, I set aside the third party's bid and allowed the Defendants to comply with their bid and keep their property. My ruling was that, in doing that which is equitable, the Defendants should not lose their property when they had bid a sufficient amount to satisfy the judgment against them but had been "out bid" at foreclosure sale by $1.00. My order setting aside the third party's bid is currently on appeal;

(c)   Cynthia Nance v. Patricia T. Nance, 95-CP-22-323. Lawsuit by decedent's ex-wife (Plaintiff) against decedent's beneficiary under a life insurance policy. Under a prior decree from the family court, the decedent had been ordered to name the Plaintiff as beneficiary under a life insurance policy granted to the ex-wife during the divorce. The decedent never changed the beneficiary under the policy. I ruled that the Plaintiff was entitled to the life insurance benefits, as per the family court order, and ordered the decedent's estate to release the benefits to the Plaintiff;

(d)   Peoples Federal Savings and Loan Association v. Resources Planning Corporation, et al., Unpublished Opinion 99-UP-118. Foreclosure action that was affirmed on appeal;

(e)   Virginia Ogburn-Matthews v. Loblolly Partners (Ricefields Subdivision) and DHEC Office of Ocean and Coastal Resource Management, 98 WL 472463 (Ct. App. 1998) Case in which the Plaintiff challenged DHEC Office of Ocean and Coastal Management's ("OCRM") issuance of a permit to Loblolly Partners for development of property, including the "filling in" of areas alleged by Plaintiff to be wetlands. Plaintiff alleged OCRM's review procedures to be unconstitutional for violation of due process. The issue had never been previously addressed on appeal.

As special referee, I found the permitting procedures of OCRM constitutional. That finding was affirmed on appeal; however, the case was reversed and remanded on other grounds."

Judge Culbertson reported that he was screened as one of the three most qualified candidates for the most recent election for circuit court judge, At- Large Seat 7, but he withdrew his candidacy prior to the election.

Judge Culbertson reported that he was appointed by the Georgetown City Council to the Georgetown Municipal Election Commission, Chairman (1994-1996).

(9)   Judicial temperament:

The Commission believes that Judge Culbertson's temperament has been and would continue to be excellent.

(10)   Miscellaneous:

The Pee Dee Citizens Advisory Committee reported that Judge Culbertson is qualified for the position of Circuit Court judge in the State of South Carolina. The committee recommended this candidate without reservation.

Judge Culbertson is married to Renee Kinsey Culbertson. He has three children: Benjamin Hellams Culbertson, Jr., (age10); Maxwell Kinsey Culbertson; (age 8); Maggie English Culbertson, (age 5).

Judge Culbertson reported that he was a member of the following bar associations and professional associations:

SC Bar Association (1989-present);

(Georgetown County Bar Association, Secretary (1985-86 & 1989-90);

American Bar Association, (1985-present).

Judge Culbertson provided that he was a member of the following civic, charitable, education, social, or fraternal organizations:

Georgetown County United Way Allocation Committee (1993-94);

Citadel Alumni Association, f/k/a Association of Citadel Men (1981-present);

Duncan Memorial United Methodist Church:

Administrative Board (1987-1990),

Ushering/Offering Committee (1994-1998),

Long-Range Planning Committee (1994),

Lay Leader (1997-1998),

Board of Trustees (1999);

Georgetown Cotillion Club:

Secretary Treasurer (1998-present)

Executive Committee (1996-1998);

Winyah Indigo Society, Head Senior Steward (1994-1996).

Judge Culbertson provided "I am qualified for the seat of Administrative Law Judge. I have held judicial seats since I started practicing law. I have experience as a judge in many types of cases and, as Master-In-Equity, have presided over cases with issues similar to those heard by Administrative Law Judges. I was found one of the three most qualified candidates for Circuit Court judge, At Large Seat 7."

Commission's Findings:     QUALIFIED

(1)   Constitutional qualifications:

Based on the Commission's investigation, Judge Eckstrom meets the qualifications prescribed by law for judicial service as a Circuit Court judge.

Judge Eckstrom was born on March 22, 1952. He is 47 years old and a resident of Columbia, South Carolina. Judge Eckstrom provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1983.
(2)   Ethical fitness:

The Commission's investigation did not reveal any evidence of unethical conduct by Judge Eckstrom.

Judge Eckstrom demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.

Judge Eckstrom reported that he has not made any campaign expenditures.

Judge Eckstrom testified 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;

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

Judge Eckstrom testified that he is aware of the Commission's 48-hour rule regarding the formal and informal release of the screening report.

(3)   Professional and academic ability:

The Commission found Judge Eckstrom to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.

Judge Eckstrom described that he has consistently exceeded CLE or JCLE requirements, completing 253.25 hours of CLE or JCLE.

Judge Eckstrom reported that he has taught the following law-related courses:

(a)   Instructor of Constitutional Law, City College of Chicago, One semester undergraduate level course, (1984);

(b)   Instructor of Business Law, City College of Chicago, One semester undergraduate level course, (1985);

(c)   Adjunct Instructor of Criminal Law and Procedure, Midlands Technical College, Two full semester undergraduate level courses, (1994 and 1995);

(d)   Instructor of Government Ethics and Standards of Conduct, U.S. Navy, Presented several one-hour lectures, (1992-94);

(e)   Instructor of Rules of Procedure, S.C. Court Administration training for new probate judges, (1992);

(f)   Instructor of Judicial Ethics, JCLE at S.C. Association of Probate Judges Conference, (1992);

(g)   Instructor of South Carolina Probate Code and South Carolina Rules of Civil Procedure; S.C. Court Administration New Probate Judges Training Program, (1997);

(h)   Lectured on South Carolina Probate Code Estate Administration Procedures; Continuing Education for S.C. Association of Certified Public Accountants, (1997).

Judge Eckstrom reported that he has contributed to or written the following books and/or articles:

"Prosecuting National Security Cases: A Handbook for Trial Counsel" (rev. ed. 1995), a publication of the Office of the Judge Advocate General, Department of the Navy. He edited and contributed twelve (of twenty-seven) sections;

An Opinion-Editorial article on judicial ethics and reform in the probate court system; published in The State; page A-9, May 30, 1995.

(4)   Character:

The Commission's investigation of Judge Eckstrom did not reveal evidence of any founded grievances or criminal allegations made against him. The Commission's investigation of Judge Eckstrom did not indicate any evidence of a troubled financial status. Judge Eckstrom has handled his financial affairs responsibly.

An affidavit was received by the Commission regarding Judge Eckstrom's candidacy. After reviewing the material submitted by the Complainant and Judge Eckstrom and after hearing their testimony before the Commission, the Commission determined that the allegations made in the affidavit did not, in any way, negatively impact on Judge Eckstrom's ability to hold judicial office. The Commission gave great weight to the fact that the Complainant submitted this very same Complaint to the Commission on Judicial Conduct in 1998. The Commission on Judicial Conduct dismissed that Complaint.

The Commission also noted that Judge Eckstrom was punctual and attentive in his dealings with the Commission, and the Commission's investigation did not reveal any problems with his diligence and industry.

(5)   Reputation:

Judge Eckstrom was commissioned as an Ensign in the United States Naval Reserve in 1981. He served on active duty as a Navy judge advocate from 1982 through 1986. He currently holds the rank of Commander. He is active in the naval reserve and serves as the senior naval reserve judge advocate assigned to the staff of Commander-in-Chief, United States Atlantic Command, a four-star admiral.

Judge Eckstrom reported that he is a member of the judiciary; that he has never requested a Martindale-Hubbell rating.

Judge Eckstrom reported that he was elected to the Lexington County Board of Education and served in that position form March 28, 1988 to December 12, 1990.

(6)         Physical health:

Judge Eckstrom appears to be physically capable of performing the duties of the office he seeks.

(7)   Mental stability:

Judge Eckstrom appears to be mentally capable of performing the duties of the office he seeks.

(8)   Experience:

Judge Eckstrom was admitted to the South Carolina Bar in 1983. Judge Eckstrom was admitted to the Georgia Bar in 1982.

Since his graduation from law school, Judge Eckstrom reported that from 1982 to 1986 he worked at the Department of the Navy and was a judge advocate with extensive criminal trial experience, including frequent military jury trials. He also performed defense work in civil and criminal proceedings in civilian summary courts and practiced admiralty, international law, and national security law. He represented the U.S. Government and individual respondents in evidentiary hearings before administrative fact-finding boards.

From 1986 to 1990, he was sole counsel for the South Carolina Vocational Rehabilitation Department, a major state agency. He represented the agency in fact-finding hearings under the Administrative Procedures Act (APA), Court of Common Pleas, U.S. District Court, and S.C. Supreme Court.

In 1990, Judge Eckstrom joined Nexen Pruet Jacobs & Pollard, LLP and practiced law on the civil litigation team headed by Wilburn Brewer.

From 1991 to the present, he has been the Judge of Probate Court for Lexington County. He has continuously presided over the probate court for the last eight years.

The following is Judge Eckstrom's account of his five most significant litigated matters:
"(a)                              United States v. Melendez; criminal jury trial in military court; narcotics case involving opposing scientific experts, and scientific evidence including urinalysis testing by radio-immunoassay and gas chromatography/mass spectrometry.  Won acquittal after defending case on basis of faulty test procedures, inconsistent test results, and admission of good character trait evidence admitted under Military Rule of Evidence 404;
(b)                               United States v. Stodahour; criminal jury trial in military court; ATM fraud and larceny case; used optically enhanced still photos of crime scene, taken from financial institution's video monitor, to win acquittal after defending case on basis of mistaken identification;
(c)                               Ken Murray, d/b/a Old Saw Mill Company v. South Carolina Vocational Rehabilitation Department; Plaintiff sued my client in Court of Common Pleas for breach of contract.  Jury found for plaintiff on his claim and for defendant on the counterclaim.  While case was on appeal, petitioned S.C. Supreme Court under former S.C. Supreme Court Rule 24 to seek relief from judgment in the trial court, based on after discovered evidence due to mistake or fraud on part of the plaintiff at trial.  Supreme Court granted motion, and judgment against my client was reduced by trial judge, resulting in acceptable result to my client and withdrawal of appeal;

(d)   Norris v. South Carolina Vocational Rehabilitation Department; Defended suit in U.S. District Court brought by former employee under Fair Labor Standards Act of 1938 (FLSA), 29 U.S.C. Section 201 et seq. Plaintiff sought compensatory wages, overtime wages, and liquidated damages from state agency employer. Obtained summary judgment on behalf of my client before The Honorable G. Ross Anderson, Jr. The central issue was the effective date minimum wage and overtime provisions of the FLSA applied to public employers as a result of Garcia v. San Antonio Metropolitan Transit Authority, 105 S.Ct. 1005 (1985);

(e)   United States v. Kauffman; Defended former service member in trial by general court martial. Defendant had been apprehended by civilian law enforcement officials after nearly twenty year desertion from military service. After guilty plea, presented extraordinary case in extenuation and mitigation in sentencing phase of trial, resulting in imposition of no confinement even though three years confinement was authorized sentence for the crime."

The following is Judge Eckstrom's account of a civil appeal he has personally handled:

"(a)   Ken Murray, d/b/a Old Saw Mill Company v. South Carolina Vocational Rehabilitation Department; Successful post-trial motion before S.C. Supreme Court, under former S.C. Supreme Court Rule 24, during pendency of appeal.

While admitted under the student practice rule, prepared returns and motions to dismiss, and successfully represented State of South Carolina in four civil Post Conviction Relief proceedings in Court of Common Pleas; 1982."

Judge Eckstrom provided that he has been a probate judge for the last eight years. He reported that he was first elected to this office on November 8, 1990. On December 12, 1990, Governor Carroll Campbell appointed him to fill the unexpired term of his predecessor who had been removed from office. He has served continuously since that time and has been re-elected to a second and third term. He has also been appointed Special Probate Judge for the following counties: Aiken, Barnwell, Darlington, Saluda, Orangeburg, and Newberry.

The following is Judge Eckstrom's account of his five most significant orders or opinions:

"(a)   Charles J. Rogers, Jr. v. Jennifer R. Chumley; Case No. 91-GC-32-00053. This was a protective proceeding which demonstrated the broad equitable powers of the probate court to correct a wrong. A durable power of attorney, previously filed in accordance with recording statute, was found to be void ab initio, and a prior real estate transfer using the purported power of attorney was set aside, and title was properly returned to the estate of the protected person;

(b)   Judy C. Allen, Personal Representative of the Estate of James D. Heckman v. H. Lee Heckman; Case No. 91-GC-32-00090; Affirmed on appeal, C.A. No. 95-CP-32-1727. This case decided ownership of funds in a joint tenancy survivorship account after one joint tenant, the sole depositor, was determined to be incapacitated. Recognizing the existence of a fiduciary duty, the order held that the joint owner with capacity no longer possessed full discretionary rights to the funds account when his joint tenant became incapacitated. This was a novel case, involving banking and estate law, tracing the equitable ownership of funds in a P.O.D. multiple party account. The decision was affirmed on appeal;

(c)   In the Matter of Trevor O'Draeda Jones, a minor; Case No. 88-GC-32-00049. Order and Sentence for Criminal Contempt. This case demonstrates the contempt powers of the probate court. The attorney for a court appointed conservator was convicted and sentenced in the probate court on four separate counts of criminal contempt of court for his intentional and wrongful filing of four false and misleading accountings with the probate court. The defendant was sentenced to the maximum period of confinement for criminal contempt, to run concurrently with a related federal court sentence;

(d)   Thompson Funeral Home v. Estate of Douglas; Case No. 93-ES-32-00492. This case involved the application of Article 2 of the Uniform Commercial Code (UCC) to the sale of goods and services by a funeral home. In this matter, the UCC's implied warranty of fitness for a particular purpose, S.C. Code Section 36-2-315, was applied to the sale of a casket which was incompatible with the mausoleum crypt in which it was to be placed. This was an extraordinary remedy not previously applied to such sales in any reported case;

(e)   In the Matter of Estate of Timmerman; Case No. 95-ES-32-00478; Affirmed on appeal 502 S.E.2d 920, 331 S.C. 455 (S.C. App. 1998). This case involved two novel issues of law in South Carolina. The substantive issue focused on the amount and type of evidence sufficient to demonstrate the testator's intent to avoid the omitted spouse's share under S.C. Code Section 62-2-301 by making intervivos gifts and nontestamentary transfers. The case also involved a procedural issue which illustrates the difference between the applicability of an omitted spouse's share and the elective share. Both parties appealed my decision on separate grounds. The circuit court upheld my decision on the substantive issue and reversed it on the procedural issue, and my decision was ultimately upheld in its entirety by the S.C. Court of Appeals."

Judge Eckstrom reported that in 1996 he ran for Circuit Court, At-Large Seat 1. Although he was found qualified, he withdrew from the race.

Judge Eckstrom reported he has been active in the U.S. Naval reserves as a Navy Judge Advocate during the entire term he has held judicial office.

(9)   Judicial temperament:

The Commission believes that Judge Eckstrom's temperament has been and would continue to be excellent.

(10)   Miscellaneous:

The Midlands Citizens Advisory Committee found Judge Daniel R. Eckstrom to be a qualified and highly regarded judicial candidate. The committee positively approved of his candidacy for a circuit court judgeship.

Judge Eckstrom is married to Suzanne McBride Eckstrom. He has three children: Eric Daniel Eckstrom, (age 11); Brian McBride Eckstrom, (age 8); Leah Suzanne Eckstrom, (age 5).

Judge Eckstrom reported that he was a member of the following bar associations and professional associations:

SC Bar Association: Judicial Member; Chairman, Military Law Section, 1992-93; Section Delegate, House of Delegates, 1994; Probate, Trust & Estate Planning Section;

Lexington County Bar Association;

Georgia Bar, inactive.

Judge Eckstrom provided that he was a member of the following civic, charitable, education, social, or fraternal organizations:

Lexington Rotary Club;

Naval Reserve Association;

Naval & Marine Corp Lawyers Association (Awarded Senior Judge Advocate's Commendation);

Lexington Chamber of Commerce;

SC Probate Judges Association;

National Association of Probate Judges; and

St. Andrews Presbyterian Church.

Judge Eckstrom is an American Jurisprudence Scholar in Antitrust Law.

Judge Eckstrom provided "I was brought up with a commitment to public service, and I believe that one of the highest callings of public service as a lawyer is to serve in the judiciary. I have faithfully discharged the duties of my current judicial office with dignity, fairness, competence and trust.

On several occasions I have been appointed as Special Probate Judge to handle complex cases for other counties, and my court has consistently earned a perfect rating by the S.C. Court Administration for compliance with case processing standards established by the Supreme Court."

Commission's Findings:   QUALIFIED

(1)   Constitutional qualifications:

Based on the Commission's investigation, Ms. Godfrey meets the qualifications prescribed by law for judicial service as an Administrative Law judge.

Ms. Godfrey was born on December 10, 1952. She is 46 years old and a resident of Greenville, South Carolina. Ms. Godfrey provided in her application that she has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since November 1988.

(2)   Ethical fitness:

The Commission's investigation did not reveal any evidence of unethical conduct by Ms. Godfrey.

Ms. Godfrey demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.

Ms. Godfrey reported that she has made campaign expenditures in the amount of $10 for the distribution of letters to legislators.

Ms. Godfrey testified 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;

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

Ms. Godfrey testified that she is aware of the Commission's 48-hour rule regarding the formal and informal release of the screening report.

(3)   Professional and academic ability:

The Commission found Ms. Godfrey to be intelligent and knowledgeable. Her performance on the Commission's practice and procedure questions met expectations.

Ms. Godfrey described her continuing legal education during the past five years as follows:

Family Court Mediator Certification Training (June 23-27, 1995);

Public Defender Association Conferences;

Hot Topics in Domestic Law;

Year in Review;

S.C. Bar Deep Caribbean Cruise (1998).

Ms. Godfrey reported that she has taught the following law-related courses:

Instructor, Property/Real Estate Law, Greenville Technical College (1992-1994);

Guest Lecturer, Real Estate Transactions, University of South Carolina Law School.

Ms. Godfrey reported that she has not written any books and/or articles.

(4)   Character:

The Commission's investigation of Ms. Godfrey did not reveal any evidence of grievances or criminal allegations made against her. The Commission's investigation of Ms. Godfrey did not indicate any evidence of a troubled financial status. Ms. Godfrey has handled her financial affairs responsibly.

The Commission also noted that Ms. Godfrey was punctual and attentive in her dealings with the Commission, and the Commission's investigation did not reveal any problems with her diligence and industry.

(5)   Reputation:

Ms. Godfrey reported that she is not listed in Martindale-Hubbell because she has always been either a full-time assistant county attorney, prosecutor, or a member of a small firm. She has never felt the need to be listed.

(6)   Physical health:

Ms. Godfrey appears to be physically capable of performing the duties of the office she seeks.

(7)   Mental stability:

Ms. Godfrey appears to be mentally capable of performing the duties of the office she seeks.

(8)   Experience:

Ms. Godfrey was admitted to the South Carolina Bar in 1988.

Since her graduation from law school, Ms. Godfrey served as an Assistant County Attorney for Richland County from 1988 to 1991. In that position, she provided legal representation for various departments of county government and Richland County Council; conducted legal research and rendered legal opinions, drafted ordinances, handled both trial court and appellate level cases (issues included, but not limited to, employment law, zoning, business license, and voting machines).

From 1991 to 1992, Ms. Godfrey served as an Assistant Solicitor in the Fifth Judicial Circuit. Ms. Godfrey prosecuted criminal cases in General Sessions Court and in Magistrate's Court; prosecuted juvenile cases in Family Court; presented cases to the Grand Jury; handled preliminary hearings and bond hearings for the solicitor's office; prepared indictments and provided early legal assistance for law enforcement.

Since 1992, Ms. Godfrey has been in private practice with the Godfrey Law Firm. Criminal defense and civil litigation general practice in all state courts (magistrate's, municipal, common pleas, family, and general sessions). From 1992 to 1995, Ms. Godfrey closed real estate transactions in addition to the general litigation practice. From 1996 to 1998, Ms. Godfrey handled foreclosure hearings before Masters-in-Equity in the upstate on a "piecework" basis for another law firm.

Ms. Godfrey has not appeared before the Administrative Law Judge Division.

Ms. Godfrey reported the frequency of her court appearances during the last five years as follows:

(a)   Federal:   Once

(b)   State:     From 1993-1996 several times a week; from 1997-1999 several times a month

Ms. Godfrey reported the percentage of her practice involving civil, criminal, and domestic matters during the last five years as follows:

(a)   Civil:       10%

(b)   Criminal:     80%

(c)   Domestic:   10%

Ms. Godfrey reported the percentage of her practice in trial court during the last five years as follows:

(a)   Jury:       15%

(b)   Non-jury:   85%

Ms. Godfrey provided that she most often served as sole counsel in these matters.

The following is Ms. Godfrey's account of her most significant litigated matters:

"(a)   Hayden v. FNMA (1997). My clients prevailed with a jury verdict against FNMA for Unfair Trade Practices;

(b)   The State v. Anthony Edwards (1996). My client was found by a jury to be not guilty of the murder charge against him;

(c)   Felts v. Richland County, 383 S.E.2d 261 (1989). I assisted with the appeal and argued in the Court of Appeals. Richland County prevailed. The lower court decision was upheld. Standard of review was a major issue;

(d)   Johnson v. Richland County. This was a $1,000,000 breach of contract action;

(e)   Carter v. Linder. Richland County business license litigation.

(f)   Centaur v. Richland County. Richland County sexually oriented zoning ordinance litigation."

The following is Ms. Godfrey's account of a civil appeal she has personally handled:

"Felts v. Richland County, 383 S.E.2d 261 (1989)."

(9)   Judicial temperament:

The Commission believes that Ms. Godfrey's temperament would be excellent.

(10)   Miscellaneous:

The Upstate Citizens Advisory Committee reported that Ms. Godfrey meets the qualifications of the seven evaluative criteria utilized by the committee.

Ms. Godfrey is married to Everett P. "Bill" Godfrey. She has four children: Mary Angela Watson (Homemaker and nail technician, age 25); Christina Grace McNamara (Cosmetologist, age 23); Milford McLaurin Hobbs (High School Student, age 16); Zachary Scott Godfrey (age 5).

Ms. Godfrey reported that she was a member of the following bar associations and professional associations:

Greenville County Bar Association;

South Carolina Women Lawyers Association;

S.C. Bar Association.

Ms. Godfrey provided that she was a member of the following civic, charitable, education, social, or fraternal organizations:

Daughters of the American Revolution: State Page Chairman; State Regent's Personal Page; State Literacy Chairman; Chapter Regent; Chapter Secretary;

Children of the American Revolution: Senior Organizing President;

Christ Church, Greenville: Bible schoolteacher; Member of Madrigals (choir).

Commission's Findings:   QUALIFIED

(1)   Constitutional qualifications:

Based on the Commission's investigation, Mr. Goode meets the qualifications prescribed by law for judicial service on the Circuit Court.

Mr. Goode was born on August 7, 1950. He is 48 years old and a resident of Winnsboro, South Carolina. Mr. Goode provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1976.

(2)   Ethical fitness:

Mr. Goode demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.

Mr. Goode reported that he has made campaign expenditures in the form of postage and stationary but the total amount has not exceeded $100.

Mr. Goode testified 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;

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

Mr. Goode testified that he is aware of the Commission's 48-hour rule regarding the formal and informal release of the screening report.

(3)   Professional and academic ability:

The Commission found Mr. Goode to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.

Mr. Goode described his continuing legal education during the past five years as follows:
1994:

8/4/94   Association of Counties Annual Meeting

12/15/94   How to Avoid Fee Disputes with Clients & What To Do When You Don't;

1995:

8/3/95   Association of Counties Annual Meeting

8/24/95   New South Carolina Rules of Evidence;

1996:

7/25/96   Association of Counties Annual Meeting

9/13/96   South Carolina Tort Law Update

9/20/96   Handling DUIs and Other Traffic Violations

11/1/96   Criminal Practice in South Carolina

11/8/96   Auto Insurance Update;

1997:

5/16/97   DUI Seminar

5/2/97   Practice and Procedure in South Carolina

6/6/97   S.C. Civil Trial Techniques

6/13/97   Treasures of the Internet

8/7/97   Association of Counties Annual Meeting

10/8/97   Basic Office Computer Systems;

1998:

8/6/98   Association of Counties Annual Meeting;

1999:

1/8/99   That Was The Year That Was.

Mr. Goode reported that he has not taught or lectured at any bar association conferences, educational institutions, or continuing legal or judicial education programs.

Mr. Goode reported that he has not published any books and/or articles.

(4)   Character:

The Commission's investigation of Mr. Goode did not reveal any evidence of criminal allegations made against him. Mr. Goode and others brought to the Commission's attention the fact that Mr. Goode had a troubled financial status in the past. Mr. Goode, to the Commission's satisfaction, has resolved these financial difficulties and has repaid his creditors. The Commission is satisfied that Mr. Goode is currently handling his financial affairs responsibly.

The Commission also noted that Mr. Goode was punctual and attentive in his dealings with the Commission, and the Commission's investigation did not reveal any problems with his diligence and industry.

(5) Reputation: (6)

Mr. Goode reported that from April 1970 to April 1976, he served in the South Carolina Army National Guard and transferred to the United States Army Reserves where he completed his service. Mr. Goode reported he attained the rank of Specialist 5th Class and received an Honorable Discharge.

Mr. Goode's Martindale-Hubbell rating is "BV."

Mr. Goode reported that he has served continuously as the Fairfield County Attorney since July 23, 1980. This is an appointed position.

Mr. Goode reported that he had received the following honors, awards, or other forms of recognition:

Named to Who's Who in America;

Named to Who's Who in American Law with biographical profile;

Named to Who's Who in South and Southwest;

Named to Who's Who in Executives and Professionals;

Recipient of Fairfield's Finest Award, presented by the Fairfield County School Board (1992);

Recipient of Certificate of Appreciation for the Cooperative Vocational Education Program, Fairfield County Vocational Center (1990);

Recipient of Bob Hayes Memorial Sportsman of the Year Award, awarded by Southeastern Enduro and Trail Riders Association, a group of approximately 1500 members in the Southeastern United States (1994-1995);

Recipient of the first Friend of the Arts Award, Fairfield County Arts Council (1994);

Recipient of the William Banks Patrick Historic Preservation Award, (1986);

Recipient of Certificate of Appreciation, The American Education Committee, Fairfield Intermediate School (1993);

Recipient of Principal's Award for Outstanding Contribution, Fairfield Intermediate School (1993);

Recipient of Certificate of Appreciation for being a friend to education, Fairfield Middle School (1991);

Selected Best Attorney in Fairfield County in the 1998 Best of the Best Competition chosen by the readers of the Herald Independent newspaper;

Recipient of Good Samaritan Award, The Good Samaritan House, a Fairfield County homeless shelter (1996).

(6)   Physical health:

Mr. Goode appears to be physically capable of performing the duties of the office he seeks.

(7)   Mental stability:

Mr. Goode appears to be mentally capable of performing the duties of the office he seeks.

(8)   Experience:

Mr. Goode was admitted to the South Carolina Bar in 1976.     Since his graduation from law school, Mr. Goode reported that from 1976 to December 31, 1977, he was an associate at the Columbia law firm of Hyatt & Elliott. Since January 1, 1978, Mr. Goode reported that he has had a general trial practice in Winnsboro, South Carolina. Mr. Goode also reported that since July 23, 1980, he has been the Fairfield County Attorney and he continues to serve in that position.

Mr. Goode reported that he has been fortunate to have a very active trial practice and has been trying both criminal and civil cases for over twenty-two years. He reported that he has handled hundreds of criminal cases over the years and thus it would be difficult to provide a "brief description of the issues involved." Mr. Goode reported that he was co-counsel in the only successfully defended "Lost Trust" case and additionally has handled at least a dozen murder cases and hundreds of other types of criminal cases that cover a variety of criminal charges. Mr. Goode reported that he has also handled hundreds of civil cases and that his civil trial practice covers most areas of civil practice. As a Fairfield County attorney for nineteen years, Mr. Goode reported that he has been involved in civil litigation touching on areas involving the Freedom of Information Act, voting rights, condemnation, employment law, home rule, and other government-related litigation. Mr. Goode believes that these areas of practice have given him a more unique understanding of the civil litigation arena.

Mr. Goode further reported that he has also handled many other types of civil matters in his private practice but giving "a brief written description" of his civil court experience would be difficult. He reported that he has handled matters from both the plaintiff's and defendant's side of litigation. He reported he has also handled civil matters involving the South Carolina Tort Claims Act, defective design of automobiles and buildings, automobile accidents (plaintiff and defendant), subrogation claims, third-party claims arising out of workers' compensation injuries, premises liability cases, unfair trade practices cases, and many other types of civil litigation.

Mr. Goode reported the frequency of his court appearances during the last five years as follows:

(a)   Federal:   10%

(b)   State:     85%

(c)   Other:     5% Administrative

Mr. Goode reported the percentage of his practice involving civil, criminal, and domestic matters during the last five years as follows:

(a)   Civil:       45%

(b)   Criminal:     45%

(c)   Domestic:   10%

Mr. Goode reported the percentage of his practice in trial court during the last five years as follows:

(a)   Jury:       50%

(b)   Non-jury:   50%

Mr. Goode provided that in virtually all cases he was either sole counsel or chief counsel; however, on rare occasions, he will associate another attorney.

The following is Mr. Goode's account of his five most significant litigated matters:

"(a)   United States of America v. Timothy C. Wilkes: This trial in the United States District Court for the District of South Carolina involved charges stemming from a federal anti-corruption investigation which resulted in the indictments of 28 legislators and other government officials. A similar federal investigation was initiated in four other states. Representative Wilkes was the only defendant in any of these cases who was acquitted at trial;

(b)   Diane Ott v. State of South Carolina: Plaintiff Diane Ott was injured when a bridge collapsed on Lake Wateree. Her medical expenses were less than $300. Through vocational experts and psychological testimony, I was able to demonstrate to a jury in Fairfield County Court of Common Pleas that Ms. Ott suffered damages of over $250,000. The verdict was not appealed;

(c)   Smalls v. Fairfield County: This case was a single-member district voting rights case that was tried in the United States District Court for the District of South Carolina before the Honorable Matthew Perry. On the third day of trial, the case was dismissed on my motion that the plaintiffs did not have all necessary parties included as defendants. The case was never refiled;

(d)   State of South Carolina v. Sammy Cunningham: This murder trial in Kershaw County General Sessions Court was prosecuted by Solicitor Jim Anders. Mr. Cunningham is African American. Solicitor Anders produced three eyewitnesses to the homicide who testified that the victim was unarmed. Through circumstantial evidence, I convinced an all Caucasian jury that Mr. Cunningham acted in self defense and he was found not guilty;

(e)   Ollie Huff v. Duncan Mills: This workers compensation case concerned an injury to the employee, Ms. Huff, while she was walking in from a company-owned parking lot. The primary issue involved a determination of when an injury becomes compensable as arising out of and in the course of employment if it occurs while the employee is en route to work but not yet in the workplace. The case was successfully appealed through the circuit court level and was settled prior to being heard by the South Carolina Supreme Court."

The following is Mr. Goode's account of five civil appeals he has personally handled:

"(a)   Jimmy Wesley McCoy v. Ramona Ellen McCoy, S.C. Supreme Court, Nov. 13, 1984, 283 S.C. 383 S.E.2d 517;

(b)   Harold Odell Mattox v. Jo Ellen Cassady, S.C. Court of Appeals, May 27, 1986, 289 S.C. 57, 344 S.E.2d 620;

(c)   Elma D. Denton v. Winn-Dixie Greenville, Inc., S.C. Court of Appeals, Dec. 6, 1993, 312 S.C. 119, 439 S.E.2d 292;

(d)   Diane Cullen, Administratrix of the Estate of Samuel J. Cullen v. Maranatha Transportation, Inc., and Joe Doe: This appeal involved a suit to enforce a two million dollars judgment which I argued February 21, 1996, before the South Carolina Supreme Court. A parallel declaratory judgment action was being litigated in the federal district court. This case was settled prior to the Supreme Court's decision;

(e)   Linda B. Miles, et al., v. Kershaw County School District: S.C. Court of Appeals. Unpublished Opinion 96-UP-175, filed June 5, 1996."

(9)   Judicial temperament:

The Commission believes that Mr. Goode's temperament would be excellent.

(10) Miscellaneous: (11)

The Piedmont Citizens Advisory Committee found Mr. Goode qualified. The Committee reported that the comments from community members received were positive in nature. The Committee reported that tax liens and other monetary concerns were noted but most of the references were positive.

Mr. Goode is married to Betty Gail Massey Goode. He has three children: Marshall Smith Goode, II (age 19); Taylor Suzannah Goode (age 17); Kenneth George Goode (age 15).

Mr. Goode reported that he was a member of the following bar associations and professional associations:

South Carolina Bar Association (November 1976-present); Member of the House of Delegates (1994);

South Carolina Trial Lawyers Association (1976-present);

American Trial Lawyers Association (1980-present);

South Carolina Association of County Attorneys (1980-present, Vice President in approximately 1992);

South Carolina Criminal Defense Attorneys Association (1997-present).

Mr. Goode provided that he was a member of the following civic, charitable, education, social, or fraternal organizations:

South Carolina Association of County Attorneys (Vice President);

Chairman of the site location subcommittee for Fairfield Intermediate School.

Commission's Findings:   QUALIFIED

(1)   Constitutional qualifications:

Based on the Commission's investigation, Ms. Goodwin meets the qualifications prescribed by law for judicial service on the Circuit Court.

Ms. Goodwin was born on December 14, 1944. She is 54 years old and a resident of Columbia, South Carolina. Ms. Goodwin provided in her application that she has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1977.

(2)   Ethical fitness:

The Commission's investigation did not reveal any evidence of unethical conduct by Ms. Goodwin.

Ms. Goodwin demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.

Ms. Goodwin reported that she has not made any campaign expenditures.

Ms. Goodwin testified 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;

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

Ms. Goodwin testified that she is aware of the Commission's 48-hour rule regarding the formal and informal release of the Screening report.

(3)   Professional and academic ability:

The Commission found Ms. Goodwin to be intelligent and knowledgeable. The practice and procedure questions were waived for Ms. Goodwin because she met expectations on practice and procedure questions given to her during a previous screening within the past year.

Ms. Goodwin described her continuing legal education during the past five years as follows:

1998:

Medical Malpractice-SC Bar

October Seminar-SC Bar

4th Annual Ethics Seminar-Richland County Bar Association

The South Carolina Woman Advocate: Moving Into The Millennium-SC Women Lawyers Association #98-55 (speaker);

1997:

Highlights of Bankruptcy Local Rule Amendments

Circuit Court Mediation (taught 40-hour course for S.C. Bar);

1996:

Alternative Dispute Resolution

Criminal Practice in S.C.-The Sixth Annual Update (Speaker)

Bridge the Gap-Lawyer Trust Accounts (Speaker)

SC Circuit Court Arbitrator Certification Training;

1995:

Numerous bankruptcy one-hour seminars

Taking Effective Depositions

Winter Bridge the Gap-Lawyer Trust Accounts (Speaker)

The Woman Advocate in South Carolina

Taught three 40-hour courses on Family and Circuit Court Mediation for the South Carolina Bar;

1994:

Bridge the Gap-Lawyers Trust Accounts (Speaker)

Bankruptcy one-hour seminars;

1990-1996:   Board of Commissioners on Grievances and Discipline

Executive Committee 1991-1996

Ms. Goodwin reported that she has taught the following law-related courses:

(a)   Instructor, Constitutional Law and Civil Liberties, Columbia College, 1985;

(b)   Instructor, Business Law, University of South Carolina, 1984;

(c)   Instructor, Business Law, Webster College, 1987;

(d)   Adjunct Professor, Trial Advocacy, U.S.C. Law School, 1989-1995;

(e)   Speaker, Bridge the Gap, 1994-1996;

(f)   Speaker, Second Annual Bench-Bar Conference on Criminal Trial Advocacy, 1983;

(g)   Speaker, Fourth Annual Bench-Bar Conference on Criminal Trial Advocacy, 1985;

(h)   Instructor, A Practice Guide to Courtroom Criminal Procedures, 1984;

(i)     Instructor, Trial Practice Institute, Department of Public Advocacy, Richmond, Kentucky, 1985;

(j)     Instructor, Trial Advocacy Skills Training, S.C. Legal Services Assn. 1985;

(k)   Coordinator, Sentencing Options and Implications of the Omnibus Crime Bill of 1986;

(l)     Coordinator, Nuts and Bolts of Juvenile Law, 1989;

(m)   Speaker, Strategic Planning for Small Firms and Solo Practitioners, (1991-1992);

(n)   Speaker, Ethics for Criminal Law Practitioners, 1992;

(o)   Faculty, SC Circuit Court Arbitrator Certification Training, 1996;

(p)   Taught two 40-hour courses for Circuit Court Mediators, 1995, 1997;

(q)   Taught two 40-hour courses for Family Court Mediators, 1995;

(r)   Faculty, Intensive Trial Advocacy, U.S.C. Law School 1991;

(s)   Speaker, Double Jeopardy, 1997 Public Defender Conference.

Ms. Goodwin reported that she has written the following book and/or articles:

South Carolina Criminal Defense, Thames, Goodwin and VonZharen, 1988.

(4)   Character:

The Commission's investigation of Ms. Goodwin did not reveal any evidence of any founded grievances or criminal allegations made against her. The Commission's investigation of Ms. Goodwin did not indicate any evidence of a troubled financial status. Ms. Goodwin has handled her financial affairs responsibly.

The Commission also noted that Ms. Goodwin was punctual and attentive in her dealings with the Commission, and the Commission's investigation did not reveal any problems with her diligence and industry.

(5)   Reputation:

Ms. Goodwin reported that her Martindale-Hubbell rating was "BV."

(6)   Physical health:

Ms. Goodwin appears to be physically capable of performing the duties of the office she seeks.

(7)   Mental stability:

Ms. Goodwin appears to be mentally capable of performing the duties of the office she seeks.

(8)   Experience:

Ms. Goodwin was admitted to the South Carolina Bar in 1977.

Since her graduation from law school, Ms. Goodwin served as an Assistant/Deputy Public Defender for Richland County from 1977 to 1983. In August of 1983, Ms. Goodwin became a partner in the law firm of Levy & Goodwin. Her practice consisted of a general practice of law specializing in litigation, bankruptcy, criminal defense, arbitration and mediation, and adoptions. Ms. Goodwin practiced domestic law during the 1980's. Since September of 1998, Ms. Goodwin has been a partner in the law firm of Young & Goodwin. Her practice consists of a general practice of law specializing in litigation, bankruptcy, criminal defense, arbitration and mediation, and adoptions.

Since 1991, Ms. Goodwin has worked part-time as an Assistant City Attorney for the City of Columbia prosecuting cases in jury trials one week per month.

From 1988 to 1995, Ms. Goodwin taught trial advocacy at the U.S.C. Law School.

Ms. Goodwin reported that as public defender for the first six years of her career, she defended virtually every type of crime, from fraudulent checks to capital murder. Combining her public defender career and private practice, she has defended five capital cases, none of which resulted in a sentence of death. In private practice, Ms. Goodwin has continued to do criminal defense work, and in the last five years has defended people charged with murder, assault and battery with intent to kill, kidnapping, multiple drug offenses, criminal conspiracy, armed robbery, and arson and tax fraud, among others. Each criminal case usually involved multiple issues, but Ms. Goodwin found one of the most interesting to be a murder case involving double jeopardy issues and what should be done if a jury views photographs that were not properly admitted into evidence. A case early in Ms. Goodwin's career involved the issue of what a lawyer should do when a client insists on presenting untruthful testimony. Almost all the cases she has dealt with have had some evidentiary issues regarding allegedly improper searches or improperly obtained statements or hearsay statements. Virtually every case has had questions about jury charges.

Ms. Goodwin reported that she worked part-time for seven years as a prosecutor for the City of Columbia, prosecuting jury trials for a week each month. There were usually more than 150 cases on a week's docket, and up to six a week were jury trials. These trials were misdemeanors and frequently resulted in guilty pleas or referrals to Pre Trial Intervention. The offenses most often tried were for criminal domestic violence, shoplifting, assault and battery, and driving under the influence. Ms. Goodwin stated that evidentiary problems often arose in the CDV, shoplifting, and assault offenses because these were typically presented by citizen witnesses and not trained police officers, so there was little or no investigation. The DUI cases often involved questions of admissibility of statements made by the defendant, the admissibility of Datamaster results, blood test results, which could not be located, the reliability of the Datamaster machine, and the legality of the initial police stop.

Ms. Goodwin reported that virtually all of the cases that went to trial, both civil and criminal, had Batson jury selection issues and questions about proper jury charges.

Ms. Goodwin reported that she has not had a specialty in civil court but has represented plaintiffs and defendants in a variety of cases. Some of her plaintiffs' cases have included: individuals injured in automobile accidents; slip and fall in a grocery store; product liability of a tainted herbicide; legal malpractice; medical malpractice; dischargeability of a debt in bankruptcy court; failure to protect and provide treatment to a minor in the custody of the Department of Social Services; collection; violation of civil rights; wrongful death; forfeiture of property; and violation of the South Carolina Unfair Trade Practice Act.

Ms. Goodwin reported that she has defended suits for breach of contract, piercing the corporate veil, breach of a residential lease, breach of a commercial lease, default on a note, alienation of affection, and collection.

Ms. Goodwin reported that she has represented the City of Columbia as respondent in many appeals in City Court and has represented numerous appellants from magistrate's court to the Circuit Court. She has been appointed to represent petitioners in post-conviction relief actions in the Circuit Court and has appeared in other nonjury matters.

Ms. Goodwin reported that while her experience is varied, both in the criminal and civil courts, there are certainly areas in which she has not practiced. She would expect to attend legal seminars and continue studying the law to become proficient in those areas.

Ms. Goodwin reported the frequency of her court appearances during the last five years as follows:

(a)   Federal:   Approximately 12 times per year

(b)   State:     Approximately 6 times per year

(c)   Other:     City/Magistrate: approximately 250 times per year;

Bankruptcy Court: approximately 15 times per year

Ms. Goodwin reported the percentage of her practice involving civil, criminal, and domestic matters during the last five years as follows:

(a)   Civil:         40%

(b)   Criminal:       20%

(c)   Domestic:     15%

(d)   Bankruptcy:   25%

Ms. Goodwin reported the percentage of her practice in trial court during the last five years as follows:

(a)   Jury:         40% (excluding City Court Prosecutions)

(b)   Non-jury:     60%

Ms. Goodwin provided that she most often served as sole counsel.

The following is Ms. Goodwin's account of her five most significant litigated matters:

"(a)   Gilliam v. Foster, 75 F.3d 881 (4th Cir. 1996) (en banc). This is the only reported case in which a federal court intervened to stop an ongoing state court prosecution on the ground of double jeopardy. The State's Petition for a Writ of Certiorari was denied by the United States Supreme Court in June, 1996. I represented a co-defendant, Swain, at trial and on appeal.
Gilliam v. Foster, 61 F.3d 1070 (4th Cir. 1995)
Gilliam v. Foster, 63 F.3d 287 (4th Cir. 1995)
Foster v. Gilliam, 515 U.S. 1301, 116 S.Ct. 1 (1995)
Gilliam v. Foster, 75 F.3d 881 (4th Cir. 1996) (en banc)
Foster v. Gilliam, 517 U.S. 1220, 116 S.Ct. 1849 (1996);

(b)   In re: Patriot's Point Associates, Ltd., Debtor
R. Geoffrey Levy, Trustee v. Citizens and Southern Trust Company (South Carolina), N.A., 902 F.2d 1566 (4th Cir. 1990). I represented the Trustee at the trial and appellant level. The case is significant because the Fourth Circuit upheld the district court's issuance of a preliminary injunction to enjoin disbursement of certain funds, thus enabling a reorganization in the Patriot's Point bankruptcy;

(c)   State v. Joyner, 289 S.C. 436, 346 S.E.2d 711 (1986). I handled the death penalty trial of this case, but not the appeal. The case was reversed on appeal due to the judge's instruction to the jury regarding discussing the case while it was in progress. The Supreme Court said the judge's charge improperly "invited" the jury to discuss the case before it was submitted to them;

(d)   State v. Tate, 286 S.C. 462, 334 S.E.2d 289 (1985). I handled the appeal but not the trial of this case. The Supreme Court reversed appellant's convictions for forgery on the ground that he was entitled to be tried separately for the separate offenses;

(e)   Dorothy Ann Davis v. NationsBank, Adversary No. 95-8176 in the United States Bankruptcy Court for the District of South Carolina, appeal to United States District Court, Case No. 3:96-993-0. The bankruptcy court held, and the district court affirmed, that NationsBank violated the injunction imposed by the Bankruptcy Code barring collection of previously discharged debts when it required the plaintiff to repay a discharged debt when she obtained new financing. It was the first case decided on this specific issue in the bankruptcy court for this district and was subsequently used as a question for the bankruptcy specialization examination. I represented the plaintiff.

I have handled numerous other trials in state, federal and bankruptcy courts, both civil and criminal and would be happy to provide a list. I do not believe any of them are of particular legal significance, except perhaps to the clients."

The following is Ms. Goodwin's account of civil appeals she has personally handled:

"(a)   First American Bank and Trust v. R. Geoffrey Levy, Trustee for Gardner-Matthews Plantation Company, Hilton Head Hotel Company, Vacation Resorts Holdings, Inc., Vacation Resorts, Inc., and Hilton Head Holdings Corporation, etc. Record No. 88-2017, United States Court of Appeals for the Fourth Circuit; Appellees' motion to dismiss the appeal was granted by Order of the Court dated December 6, 1989. The opinion is unpublished. I was counsel for appellee;

(b)   In Re: Patriot's Point Associates, Ltd., Debtor
R. Geoffrey Levy, Trustee v. Citizens and Southern Trust Company (South Carolina), N.A., 902 F.2d 1566 (4th Cir. 1990);

(c)   James J. Knight v. Marilyn L. Knight, South Carolina Supreme Court, 1983, unpublished opinion; Domestic case; I represented respondent;

(d)   The Home Insurance Company v. Charles B. Bowers and Charles H. Emmons, Personal Representative of the Estate of Constance S. Emmons, 39 F.3d 1177 (Unpublished) (4th Cir. 1994). I was sole trial attorney for the Estate of Constance Emmons in this case and was co-counsel on appeal.

Ms. Goodwin reported that in 1999 she unsuccessfully ran as a candidate for Circuit Court, At-Large Seat 1. She withdrew as a candidate before the election in February 1999. Ms. Goodwin was one of the three candidates nominated by the Commission for Circuit Court, At-Large Seat 1.

(9)   Judicial temperament:

The Commission believes that Ms. Goodwin's temperament would be excellent.

(10)   Miscellaneous:

The Midlands Advisory Committee found Ms. Joy S. Goodwin to be a well-qualified and highly-regarded judicial candidate. The committee stated in its report that it positively approved of her candidacy for a circuit court judgeship.

Ms. Goodwin is divorced and has three children: Brooks Womack Goodwin Buddy (Recreational therapist, age 28); Leslie Suzanne Goodwin Nelson (Recreational therapist, age 28); Michael Andrew Goodwin (Mortgage Loan Officer, age 27).

Ms. Goodwin reported that she was a member of the following bar associations and professional associations:
South Carolina Bar Association

Criminal Laws Section Council (1984-1991)

Editor of Newsletter (1978-1980)

Chair (1988-1989)

Alternative Dispute Resolution Section Council (1995-1996);
Richland County Bar Association;
South Carolina Women Lawyers Association;
South Carolina Bankruptcy Law Association.

Ms. Goodwin provided that she was a member of the following civic, charitable, education, social, or fraternal organizations:
Shandon United Methodist Church;
Public Defendant Corporation Board of Directors.

Ms. Goodwin provided that, "[t]rial experience in prosecuting and defending criminal cases and representing plaintiffs on defendants in civil trials has given me a unique perspective on the judicial system at work. Six years service on the Grievance Commission had provided me with sincere appreciation for the ethical standards required of members of the legal profession."

Commission's Findings: QUALIFIED

(1)   Constitutional qualifications:

Based on the Commission's investigation, Judge Hearn meets the qualifications prescribed by law for judicial service on the Court of Appeals.

Judge Hearn was born on January 30, 1950. She is 49 years old and a resident of Conway, South Carolina. Judge Hearn provided in her application that she has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1977.

(2)   Ethical fitness:

The Commission's investigation did not reveal any evidence of unethical conduct by Judge Hearn.

Judge Hearn demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.

Judge Hearn reported that to date she has spent $110.25 for duplicates and copying of her resume. She also spent $36.31 for postage.

Judge Hearn testified 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;

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

Judge Hearn reported that she has not requested a friend or colleague to contact members of the General Assembly on her behalf, other than generally advising judges, lawyers, and friends that she is a candidate for this position.

Judge Hearn testified that she is aware of the Commission's 48-hour rule regarding the formal and informal release of the screening report.

(3)   Professional and academic ability:

The Commission found Judge Hearn to be intelligent and knowledgeable. Her performance on the Commission's practice and procedure questions met expectations.

Judge Hearn stated that in addition to attending and frequently serving as a presenter in CLEs in South Carolina, she entered the University of Virginia Graduate Program for Judges in June 1996. She spent two summers in Charlottesville taking a variety of courses including Legislation, Comparative Law, and Law and Economics. Judge Hearn completed her thesis in the Spring of 1998. She received her L.L.M. degree in graduation exercises in May 1998.

Judge Hearn reported that she has been a member of the CLE Committee of the Bar and is presently a member of the CLE Commission. Since graduation from law school, Judge Hearn has been a speaker at the following programs:

Hearsay Rule in the Family Court, Columbia, Jul. 21, 1979;

Order Writing for Circuit Judges, Columbia, Aug. 1979;

Order Writing for Family Court Judges, Columbia, Nov. 16, 1979;

Appellate Court Writs, Columbia, Jun. 19, 1980;

Order Writing for Law Clerks, Columbia, Aug. 1980;

Order Writing for Law Clerks and Staff Attorneys, Columbia, Aug. 1981;

Rules and Procedures of the Family Court, Trial Lawyers Convention, Hilton Head, Aug. 20, 1981;

Appellate Advocacy Brief Writing, Greenville, Apr. 2, 1982;

Appellate Advocacy Brief Writing, Charleston, May 1982;

Appellate Advocacy Brief Writing, Florence, Jun. 25, 1982;

Appellate Advocacy Preservation of the Record, Columbia, Jul. 15, 1983;

Opinion Writing for Appellate Judges, Columbia, Oct. 1983;

Separation and Antenuptial Agreements, Columbia, Oct. 12, 1984;

Effective Order Writing, Columbia, Dec. 6-7, 1984;

Order Writing, New Family Court Judges' School, Columbia, Feb. 28, 1985;

Order Writing, Bridge-the-Gap, Columbia, Mar. 1985;

Order Writing, Bridge-the-Gap, Columbia, Aug. 1985;

Complex Issues in Family Court, Statutory Update, Alimony Perspective, and Co-Moderator, Columbia, Nov. 19-20, 1987;

Practical Problems in Legal Ethics, Columbia, Dec. 1987;

Order Writing, New Family Court Judges' School, Columbia, Jul. 21-22, 1988;

Children's Rights, SCDSS Family Violence Conference, Columbia, Mar. 19-20, 1990;

Judge's Perspective on Adoption, Columbia, Apr. 6, 1990;

Domestic Relations, Bridge-the-Gap, Columbia, Aug. 1990;

Domestic Relations, Bridge-the-Gap, Columbia, Mar. 1991;

The Future of Families in the Courts, Greenville, Apr. 4, 1991;

Domestic Relations, Bridge-the-Gap, Columbia, Aug. 1991;

Order Writing, New Alimony Statute, Abuse and Neglect, Contempt, and Moderator, New Family Court Judges' School, Columbia, Aug. 27-28, 1991;

Domestic Violence, Magistrates JCLE, Columbia, Nov. 8, 1991;

Domestic Relations, Bridge-the-Gap, Columbia, Mar. 1992;
Adoption, Abuse and Neglect, and Moderator, New Family Court Judges' School, Columbia, July 28-29, 1992;

Separation Agreements, Columbia, S.C., Dec. 1992;

Domestic Relations, Bridge-the-Gap, Columbia, May 17, 1993;

The Future of the Family Court, S.C. Trial Lawyers Convention, Hilton Head, Aug. 18, 1993;

Suppression Hearings in Family Court, Solicitors' Conference, Myrtle Beach, Oct. 4, 1993;

How the Family Court is Using ADR and Mediation in the Courtroom, S.C. Bar Mid-Winter Meeting, Charleston, Jan. 21, 1994;

Domestic Relations, Bridge-the-Gap, Columbia, Feb. 28, 1994;

Juvenile Delinquency, Family Court Judges' School, Columbia, Jun. 24, 1994;

Family Court Rules, Columbia, Jul. 29, 1994;

Waiver Hearings, Family Court Bench/Bar Seminar, Columbia, Aug. 19, 1994;

Domestic Relations, Bridge-the-Gap, Columbia, Mar. 6, 1995;

Domestic Relations, Bridge-the-Gap, Columbia, May 16, 1995;

The Hot Evidentiary Issues Under The New Rules, The Judicial Conference, Columbia, Aug. 24, 1995;

Judicial Perspective on Briefs and Oral Arguments, Ethical Issues Facing Family Law Practitioners, Columbia, Dec. 19, 1995;

Domestic Relations, Bridge-the-Gap, Columbia, Mar. 5, 1996;

The Future of Appellate Courts, Seminar for New Appellate Court Judges, Columbia, May 1, 1996;

Preserving The Trial Record, Circuit Court Judges Seminar, Fripp Island, May 1996;

Preserving The Trial Record, The Judicial Conference, Columbia, Aug. 22, 1996;

Ethics: A View From the Bench, S.C. Public Defenders' Conference, North Myrtle Beach, Sept. 30, 1996;

A View From the Bench, Ethics For Family Law Practitioners, Columbia, Dec. 10, 1996;

Appellate Writs & Motions Practice, S.C. Bar Mid-Winter Meeting, Charleston, Jan. 25, 1997;

Family Law Update, The Judicial Conference, Columbia, Aug. 22, 1997;

Perspectives on Judging, S.C. Student Trial Lawyers Association, Columbia, Oct. 1, 1997;

The Rules of Evidence and The Dead Man's Statute, Probate Judges Conference, Myrtle Beach, Oct. 13, 1997;

Automatic Stay, Petitions for Supersedeas, Family Court Seminar, Conway, Oct. 21, 1997;

Appellate Ethics Update, Ethics Seminar, Columbia, Nov. 14, 1997;

Order Writing, Probate Judges Conference, Columbia, Feb. 26, 1998;

Important Rules of Appellate Practice, S.C. Practice and Procedure Update, Columbia, Mar. 20, 1998;

Comparative Negligence Developments, S.C. Tort Law Update, Columbia, Sept. 25, 1998;

Preserving Evidentiary Matters on Appeal, Winning Evidence, Columbia, Feb. 19, 1999.

Judge Hearn reported that she has published the following books and/or articles:

S.C. Appellate Practice Handbook (S.C. Bar CLE 1985), Contributing Author;

Marital Litigation in S.C., Roy T. Stuckey & F. Glenn Smith (S.C. Bar CLE 1997), Editorial Board.

(4)   Character:

The Commission's investigation of Judge Hearn did not reveal any evidence of grievances or criminal allegations made against her. The Commission's investigation of Judge Hearn did not indicate any evidence of a troubled financial status. Judge Hearn has handled her financial affairs responsibly.

The Commission also noted that Judge Hearn was punctual and attentive in her dealings with the Commission, and the Commission's investigation did not reveal any problems with her diligence and industry.

(5)   Reputation:

Judge Hearn reported that her Martindale-Hubbell rating was "BV" as of May 1986.

(6)   Physical health:

Judge Hearn appears to be physically capable of performing the duties of the office she seeks.

(7)   Mental stability:

Judge Hearn appears to be mentally capable of performing the duties of the office she seeks.

(8)   Experience:

Judge Hearn was admitted to the South Carolina Bar in 1977.

Since her graduation from law school, Judge Hearn worked as a law clerk to the Honorable J.B. Ness, Associate Justice of the S.C. Supreme Court, from 1977 to 1979. She was an associate and partner in a firm which eventually became Stevens, Stevens, Thomas, Hearn, and Hearn from 1979 to 1985. From 1985 to 1995, she served as a Family Court Judge for the Fifteenth Judicial Circuit, and was Chief Administrative Judge from 1987 to 1995. From 1995 to present, Judge Hearn has served as a Judge on the S.C. Court of Appeals. Judge Hearn reported that her law practice was a general civil one, with an emphasis on personal injury, family law, and appellate work.

The following is Judge Hearn's account of her five most significant orders or opinions which she has handled personally:

(a)   Davenport v. Cotton Hope Plantation, 325 S.C. 507, 482 S.E.2d 569 (Ct. App. 1997) (en banc), aff'd as modified, 333 S.C. 71, 508 S.E.2d 565 (1998);

(b)   Burbach v. Investors Management Corp. Int'l, 326 S.C. 492, 484 S.E.2d 119 (Ct. App. 1997) (en banc);

(c)   Spahn v. Town of Port Royal, 326 S.C. 632, 486 S.E.2d 507 (Ct. App. 1997), aff'd as modified, 330 S.C. 168, 499 S.E.2d 205 (1998);

(d)   Fernanders v. International Pavilion, 330 S.C. 470, 499 S.E.2d 509 (Ct. App. 1998), cert. denied, (Feb. 5, 1999);

(e)   Clark v. Cantrell, 332 S.C. 433, 504 S.E.2d 605 (Ct. App. 1998), petition for cert. filed, (Oct. 13, 1998).

Judge Hearn reported that she has held judicial office as a Family Court Judge from 1986 to the present and as a Judge on the Court of Appeals from 1995 to the present.

(9)   Judicial temperament:

The Commission believes that Judge Hearn's temperament has been and would continue to be excellent.

(10)   Miscellaneous:

The Pee Dee Citizens Advisory Committee found Judge Hearn to be exceptionally well qualified for the position of Chief Judge of the South Carolina Court of Appeals. As a result of its investigation and interview with Judge Hearn, the committee approved her candidacy without reservation.

The Commission found that Judge Hearn was very diligent in her duties as a Judge on the Court of Appeals and that she has the respect of her colleagues on the Court.

Judge Hearn is married to George Marshall Hearn, Jr. She has one child: Kathleen Wrenn Hearn (age 10).

Judge Hearn reported that she was a member of the following bar associations and professional associations:
South Carolina Bar Association;
Coastal Women's Law Society.

Judge Hearn provided that she was a member of the South Carolina Board of Bar Examiners from 1984 to 1986.

Commission's Findings:   QUALIFIED, BUT NOT NOMINATED

(1)   Constitutional qualifications:

Based on the Commission's investigation, Mr. Henry meets the qualifications prescribed by law for judicial service as an Administrative Law judge.

Mr. Henry was born on April 13, 1959. He is 40 years old and a resident of Irmo, South Carolina. Mr. Henry provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1986.

(2)   Ethical fitness:

The Commission's investigation did not reveal any evidence of unethical conduct by Mr. Henry.

Mr. Henry demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.

Mr. Henry reported that he has not made any campaign expenditures.

Mr. Henry testified 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;

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

Mr. Henry testified that he is aware of the Commission's 48-hour rule regarding the formal and informal release of the screening report.

(3)   Professional and academic ability:

The Commission found Mr. Henry to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.

Mr. Henry described his continuing legal education during the past five years as follows:

S.C. Local Government Attorneys Institute;

N.C./S.C. Employment/Labor Law Seminar;

Effective Appellate Advocacy;

Civil Law Update;

Auto Torts.

Mr. Henry reported that he occasionally substitute taught several years ago in a business law course at Midlands Technical College. In addition, he taught at a training course for Compliance Analysts conducted by the Governor's Office in the late '80s. He was also a presenter at the National Black Caucus of State Legislators in 1998. In addition, he has been a guest speaker at Fleming Elementary School during Education Week and a guest lecturer for freshman orientation classes at Morris College.
Mr. Henry reported that he has not published any books and/or articles.

(4)   Character:

The Commission's investigation of Mr. Henry did not reveal any evidence of grievances or criminal allegations made against him. The Commission's investigation of Mr. Henry did not indicate any evidence of a troubled financial status. Mr. Henry has handled his financial affairs responsibly.

The Commission also noted that Mr. Henry was punctual and attentive in his dealings with the Commission, and the Commission's investigation did not reveal any problems with his diligence and industry.

(5)   Reputation:

Mr. Henry reported that he does not have a Martindale Hubbell rating.

(6)   Physical health:

Mr. Henry appears to be physically capable of performing the duties of the office he seeks.

(7)   Mental stability:

Mr. Henry appears to be mentally capable of performing the duties of the office he seeks.

(8)   Experience:

Mr. Henry was admitted to the South Carolina Bar in 1986.

Since his graduation from law school, Mr. Henry reported that from 1987 to 1989 he was a Senior Compliance Analyst at the South Carolina Department of Highways and Public Transportation, in Columbia, South Carolina. There he was responsible for the application of Federal Regulations governing Disadvantaged Business Enterprises and made initial certification determinations regarding business enterprise eligibility. Mr. Henry further reviewed Stock Certificates, Stock Restriction Agreements, By-Laws, Articles of Incorporations, Partnership Agreements, and Income Tax Returns. His additional responsibilities included hiring and supervising Compliance Assistant, responding to Freedom of Information Act requests, and conducting training workshops for the certification committee and the Governor's Office.

From 1989 to 1991, Mr. Henry reported he was a Staff Attorney for the Richland County Attorney's Office, in Columbia, South Carolina. In this position, his areas of legal responsibility included: General Administrative Law Health Department, Public Works, Business License Act, Hazardous Waste, Bingo Ordinance, Sexually Oriented Businesses, Indigent Care, Freedom of Information Act, Emergency Medical Services, Sheriff's Department, accident cases, and Grievance Proceedings. Mr. Henry's other responsibilities included hiring and supervising law clerks, staffing the Development and Services Committee, and general office management in the absence of the County Attorney.

From 1991 to the present, Mr. Henry has served as Senior Staff Counsel at the South Carolina State Senate Office of Senate Research, Columbia, South Carolina. In this position, Mr. Henry researches, drafts, analyzes, and amends statewide legislation, consults with and advises senators, issues legal opinions, and coordinates research projects with law clerks, other state agencies, departments, boards, and commissions.

Mr. Henry reported he has not appeared before the Administrative Law Judge Division as it did not exist when he performed administrative work. However, Mr. Henry reported that he appeared before the South Carolina Tax Commission to defend against a request for a property tax refund, the South Carolina Ethics Commission to defend against a complaint against a governmental entity, and before DHEC to defend against a potential one million dollar fine against an agency of local government.

Mr. Henry reported the frequency of his court appearances during the last five years as follows:

(a)   Federal:   once

(b)   State:     twice

Mr. Henry did not report the percentage of his practice involving civil, criminal, and domestic matters during the last five years.

Mr. Henry did not report the percentage of his jury and non-jury practice in trial court during the last five years.

The following is Mr. Henry's account of his most significant litigated matters:

(a)   "Quirk v. Richland County: The case was significant because it established local government's authority to grant fee in lieu of taxes arrangements as a means of attracting business;

(b)   Richland County v. Parker R. Connor and K & C Manufacturing: This case was significant in that it involved the assertion of the right of way of authorized emergency vehicles adhering to certain statutory procedural guidelines;

(c)   DHEC v. Richland County Public Works: Administrative matter involving the negotiation of a claim for good faith efforts on the part of the county government to reduce effluent emissions to an acceptable level within DHEC guidelines;

(d)   U.S. v. Taylor, et al (South Carolina Senate Intervenor) assisted as co-counsel in federal court hearing to determine whether the Senate subcommittee on Lost Trust would be allowed access to the evidence room established in the Lost Trust case."

Mr. Henry did not report any civil appeals handled by him.

(9)   Judicial temperament:

The Commission believes that Mr. Henry's temperament would be excellent.

(10)   Miscellaneous:

The Midlands Citizens Advisory Committee found Mr. Joseph Henry to be qualified and a highly-regarded judicial candidate. The committee positively approved of his candidacy for an Administrative Law judgeship.

Mr. Henry is married to Seneca Brewton-Henry. He has two children: Joseph Randolph Henry (age 8); William Emanuel Henry (age 3).

Mr. Henry reported he is an active member of the following bar associations and professional associations:

South Carolina State Bar;

American Bar Association.

Mr. Henry provided that he is a member of the following civic, charitable, education, social, or fraternal organizations:

Phi Alpha Delta Law Fraternity International;

Dutch Fork Elementary PTO;

Dutch Fork Elementary Frontier Day Committee.

Mr. Henry has provided, "I have a strong commitment to fostering public confidence in the law and the legal system. I strive to instill respect for the law and the legal profession in all persons with whom I come in contact by conducting myself in a manner that will allow them to see that attorneys are trustworthy, ethical, and respectable people."

Commission's Findings:   QUALIFIED

(1)   Constitutional qualifications:

Based on the Commission's investigation, Ms. Howard meets the qualifications prescribed by law for judicial service as an Administrative Law judge.

Ms. Howard was born on May 29, 1963. She is 35 years old and a resident of Columbia, South Carolina. Ms. Howard provided in her application that she has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1987.

(2)   Ethical fitness:

The Commission's investigation did not reveal any evidence of unethical conduct by Ms. Howard.

Ms. Howard demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.

Ms. Howard reported that she has not made any campaign expenditures.

Ms. Howard testified 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;

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

Ms. Howard testified that she is aware of the Commission's 48-hour rule regarding the formal and informal release of the screening report.

(3)   Professional and academic ability:

The Commission found Ms. Howard to be intelligent and knowledgeable. Her performance on the Commission's practice and procedure questions met expectations.

Ms. Howard stated that her continuing legal or judicial education has focused primarily on litigation and civility issues. She is a member of the John Belton O'Neall Inn of Court, a group of judges, students, and trial attorneys who promote civility and mentoring of young lawyers. She has attended a number of CLEs offered by the Inn on civility in the profession. She has also attended all of the CLEs offered by the South Carolina Women Lawyers Association, which covered a variety of topics. She has attended a number of programs offered by the Community Financial Institution of South Carolina (and its predecessor) and has spoken at one of its CLEs (regarding DHEC's underground storage tank regulations). Some of the specific programs she has attended include the following: in 1996: "Nuts and Bolts of Successful Mediation;" "Diagnosis, Treatment and Prognosis for the Perceived Ills of the Legal Profession (presented by Chief Justice Finney);" in 1997: "Consumer Law Update," "New Attorney Discipline Rules (presented by Justice Jean Toal);" in 1998: "National Institute on Class Actions."

Ms. Howard reported that she is an Adjunct Professor for the USC School of Law, teaching first-year legal writing during the 1998-99 school year.

Ms. Howard reported that she has not published any books and/or articles.

(4)   Character:

The Commission's investigation of Ms. Howard did not reveal any evidence of grievances or criminal allegations made against her. The Commission's investigation of Ms. Howard did not indicate any evidence of a troubled financial status. Ms. Howard has handled her financial affairs responsibly.

The Commission also noted that Ms. Howard was punctual and attentive in her dealings with the Commission, and the Commission's investigation did not reveal any problems with her diligence and industry.

(5)   Reputation:

Ms. Howard reported that her Martindale-Hubbell rating was "BV."

(6)   Physical health:

Ms. Howard appears to be physically capable of performing the duties of the office she seeks.

(7)   Mental stability:

Ms. Howard appears to be mentally capable of performing the duties of the office she seeks.

(8)   Experience:

Ms. Howard was admitted to the South Carolina Bar in 1987.

Since her graduation from law school, Ms. Howard worked as a law clerk to The Honorable Joseph F. Anderson, Jr., U.S. District Court, from 1987 to 1989. She worked at Glenn Murphy Gray & Stepp, LLP, as an associate from 1989 to 1994 and from 1994 to the present, she has been a partner. In her practice, Ms. Howard has handled numerous litigation matters with a focus on commercial, business, products liability, and environmental litigation. A large part of her practice has involved the application, interpretation, and construction of state and federal statutes and regulations. Many of the cases she handles are resolved through motions and most settle before trial. Ms. Howard reported she has a statewide practice and appears in both state and federal court.

Ms. Howard reported that although she has never directly appeared before an Administrative Law judge in her civil litigation practice, she has handled statutory and regulatory matters of the type within the court's jurisdiction and is familiar with matters within the jurisdiction. She has represented a number of clients over the past ten years on environmental matters which required interpretation and analysis of DHEC officials. She has represented clients in matters involving the South Carolina Department of Housing, Finance, and Development relating to the award of low-income housing tax credits. She has extensively briefed and analyzed the Medicaid statutory subrogation and assignment scheme provided by statute to the Department of Health and Human Services as well as the related federal Medicaid framework in connection with the defense of a recent matter. Ms. Howard believes that this background in statutory construction and analysis along with knowledge of the Rules of Evidence and Civil Procedure (after which the Administrative Law rules are modeled) would allow her to perform the duties of an Administrative Law Judge.

Ms. Howard reported the frequency of her court appearances during the last five years as follows:

(a)   Federal:     On average, once every 4 months

(b)   State:       On average, once a month

Ms. Howard reported the percentage of her practice involving civil, criminal, and domestic matters during the last five years as follows:

(a)   Civil:       99%

(b)   Domestic:   1% (court-appointed cases brought by the Department of Social Services)

Ms. Howard reported the percentage of her practice in trial court during the last five years as follows:
(a)   Jury:       80%
(b)   Non-Jury:   20%

Ms. Howard reported that her roles over the last five years have changed as she has attained more experience and autonomy. Depending on the size of the matter, she generally serves as co-counsel with another partner in her firm or as chief counsel.

The following is Ms. Howard's account of her five most significant litigated matters:

"(a)     Gailliard v. Fleet Mortgage, 880 F. Supp. 1085 (D.S.C. 1995). This matter, in which I represented Fleet, involved an early interpretation of the attorney preference statute, SC Code Ann. s 37-10-102. The district court granted summary judgment in favor of Fleet. The statute was later amended to include the interpretation adopted by the district court judge in this case. This was one of the first matters in which I directed and executed the discovery and drafted and argued the summary judgment motion;

(b)     US v. Monsanto et al. This matter involved a local Superfund Site and numerous national commercial entities whose waste had been deposited at the site by a third party. After my clients were sued we joined the other parties who had contributed to the contamination at the site. Over a number of years, I assisted in settling first the claims of the United States against my clients and then in settling with all of the other contributors, before and after a non-jury trial. I participated fully in the trial. This case represented the legal and factual challenges of federal environmental law applied to activity that had taken place years before. The parties ultimately, through the multi-million dollar settlement, remediated the property;

(c)     American Color and Chemical v. Tenneco. My client brought this action under common law theories and CERCLA to recover for multi-million dollar environmental remediation against a former property owner. The matter proceeded to a jury, where we prevailed under the CERCLA theory. I was an active participant in the jury trial. The matter ultimately settled while on appeal and the jury awarded my client six million dollars;

(d)         Various plaintiffs v. Dupont and Terra International. A number of plaintiffs in South Carolina (and across the country) brought suit against Dupont for its sale of an allegedly contaminated nationally distributed herbicide, Benlate. The plaintiffs sued under warranty and strict liability statutes, as well as common law grounds. We represented the manufacturer of the herbicide in all of the cases brought in South Carolina. Through detailed review of manufacturing records and depositions of manufacturing employees, I concluded that the contaminated product could not have been manufactured by my client. Ultimately, my client was able to persuade Dupont of this fact and Dupont assumed Terra's defense on a national level;

(e)         State of South Carolina v. Brown & Williamson Tobacco Corp. et al. My firm represented Philip Morris Tobacco Company in the matter brought by the State of South Carolina to recover medical expenses allegedly incurred as a result of smoking injuries. My firm acted as lead counsel in the defense of the case. I drafted a large part of the motion to dismiss memorandum on behalf of all of the defendants, which addressed 20 defenses and consumed 141 pages. I was selected by national and local counsel to argue the statutory claims portion of the motion to dismiss. The case ultimately settled after national settlement negotiations."

The following is Ms. Howard's account of civil appeals she has personally handled:

"(a)   American Federal Savings Bank v. Andre Hawkins, S.C. Court of Appeals, March 1997 (unpublished disposition);

(b)   South Carolina Federal v. Evans and Shea, S.C. Court of Appeals, July 28, 1994 (unpublished disposition);

(c)   Resolution Trust Corporation v. Eagle Lake and Golf Condominiums, 427 S.C.2d 646 (S.C. 1993);

(d)   Equity Capital Associates v. Security Mortgage, U.S. Court of Appeals for the Fourth Circuit, December 16, 1992 (unpublished), Table Disposition at 981 F2d 1250."

(9)   Judicial temperament:

The Commission believes that Ms. Howard's temperament would be excellent.

(10)   Miscellaneous:

The Midlands Citizens Advisory Committee found Ms. Elizabeth "G.G." Howard to be qualified and a highly regarded judicial candidate. The committee positively approved of her candidacy for an Administrative Law judgeship.

Ms. Howard is married to Robert Alfred Culpepper. Ms. Howard has two children: Catherine Gelene Simmons (age 8); Jerod Robert Howard Culpepper (age 2).

Ms. Howard reported that she was a member of the following bar associations and professional associations:

South Carolina Bar Association;

Richland County Bar Association;

American Bar Association;

South Carolina Women Lawyers Association (CLE Planning Committee 1999);

John Belton O'Neall Inn of Court (Secretary-Treasurer 1995-1998);

National Association of Women Lawyers.

Ms. Howard provided that she was a member of the following civic, charitable, education, social, or fraternal organizations:

Leadership Columbia (1991 Graduate)(1993 to present, Board of Directors);

Congaree Girl Scout Council (1996 to present, Board Member; 1998-2000, Chair, Nominating Committee);

SC Shakespeare Company (1996, Board Member; 1997, Vice-President; 1998-present, President);

SC Advocates for Women on Board and Commissions (1998-present, Board Member);

Junior League of Columbia;

Greater Columbia Chamber of Commerce (1996-1997 Board of Directors);

The Columbia Forum (1996-1997 President; 1993-1996, various officer and board positions);

St. John's Episcopal Church (Member);

Columbia Museum of Art;

Trustus Theatre;

Committee of 100.

Ms. Howard provided, "I would like to emphasize three attributes in connection with my application for Administrative Law Judge. One, I have 10 years of litigation experience with a concentration on statutory and regulatory matters. Two, I have experience in a judicial office where I learned the importance of thorough preparation, a scholarly approach and courteous treatment of litigants and lawyers. Three, I bring a balanced perspective to the bench the includes litigation of a wide variety of issues, management of a law office and strong community involvement."

Commission's Findings:   QUALIFIED

(1)   Constitutional qualifications:

Based on the Commission's investigation, Judge Jacobs meets the qualifications prescribed by law for judicial service on the Family Court.

Judge Jacobs was born on August 26, 1946. He is 52 years old and a resident of Camden, South Carolina. Judge Jacobs provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1975.

(2)   Ethical fitness:

The Commission's investigation did not reveal any evidence of unethical conduct by Judge Jacobs.

Judge Jacobs demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.

Judge Jacobs reported that he has not made any campaign expenditures.

Judge Jacobs testified he has not:

(a)   sought or received the pledge of any legislator prior to the 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.

Judge Jacobs testified that he is aware of the Commission's 48-hour rule regarding the formal and informal release of the screening report.

(3)   Professional and academic ability:

The Commission found Judge Jacobs to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.

Judge Jacobs reported that during the past five years he has met all the requirements for judicial CLE and has an extra twenty-nine hours carried forward.

Judge Jacobs reported that he made a one-hour presentation on the Fee Dispute Resolution process and the Client Security Fund.

Judge Jacobs reported that he has not published any books and/or articles.
(4)   Character:

The Commission's investigation of Judge Jacobs did not reveal any evidence of founded grievances or criminal allegations made against him. The Commission's investigation of Judge Jacobs did not indicate any evidence of a troubled financial status. Judge Jacobs has handled his financial affairs responsibly.

The Commission also noted that Judge Jacobs was punctual and attentive in his dealings with the Commission, and the Commission's investigation did not reveal any problems with his diligence and industry.

(5)   Reputation:

Judge Jacobs served in the US Army from June 1968 until June 1972. He attained the rank of Captain while in the military.

Judge Jacobs reported that his Martindale-Hubbell ranking was "BV."

Judge Jacobs reported that his family received the Scouting Family of the Year award from the Boy Scouts of America in 1990 for the Wateree District, and he also received the District Award of Merit the same year from B.P.O.E. (Elks).

(6)   Physical health:

Judge Jacobs appears to be physically capable of performing the duties of the office he seeks.

(7)   Mental stability:

Judge Jacobs appears to be mentally capable of performing the duties of the office he seeks.

(8)   Experience:

Judge Jacobs was admitted to the South Carolina Bar in 1975.

Since his graduation from law school in 1974, Judge Jacobs reported that from 1975 to 1977, he worked as an associate for Carl R. Reasonover in a general practice. From 1977 to1980, Judge Jacobs was a Partner in the firm of Reasonover and Jacobs. From 1980 to the present, Judge Jacobs has been a sole practitioner in a general practice and reported that he has handled hundreds of cases in a variety of areas during his 24 years of practice. He further reported that he has handled both proving and disproving the existence of a common-law marriage as well as defending and presenting divorces on adultery, physical cruelty, habitual drunkenness or dependence on drugs and/or alcohol, and separation for a period in excess of one-year. Judge Jacobs reported he has handled divorces on the grounds of separation for a period of three years and desertion and constructive desertion prior to the advent of the one year separation. He has been the guardian ad litem representing the child in abuse, neglect, and adoption cases, as well as the proponent for all the other parties. He has also represented numerous children and parents in juvenile actions.

Judge Jacobs reported the frequency of his court appearances during the last five years as follows:

(a)   Federal:   none

(b)   State:     250 to 300

Judge Jacobs reported the percentage of his practice involving civil, criminal, and domestic matters during the last five years as follows:

(a)   Civil:       10%

(b)   Criminal:     5%

(c)   Domestic:   85%

Judge Jacobs reported the percentage of his practice in trial court during the last five years as follows:

(a)   Jury:       5%

(b)   Non-jury:   95%

Judge Jacobs reported that he most often served as sole counsel in these matters.

The following is Judge Jacobs' account of his five most significant litigated matters:

"(a)   Triminal v. Triminal-339 S.E.2d 869, 287 SC 495 (1986); The husband had acquired property prior to his marriage partly by gift and partly by purchase. The title was never held jointly, but over the fifteen years of the marriage the initial mortgage in the amount of $10,000 was paid mostly from a deduction from husband's paycheck and partly at times from the joint account. The Supreme Court decided the use of the property in support of the marriage was sufficient commingling to transmute the home into marital property and thus allowing her a share of its present value, which at this time was $56,000. Most prior cases addressed some physical act such as deposit of funds in one name into joint account, transfer of bonds or stocks into joint names, or titling the property is joint names as the means to transmute non-marital property. Contributions of funds for improvements by a non-owner's spouse were treated as reimbursable to that spouse. This case established an easier standard for transmuting non-marital property to contributions to the party when the property has been used as the marital home, even though the actual monetary contributions may have been relatively small;

(b)   Prather v. Tupper, 230 S.E.2d 712, 267 SC 636 (1976). Husband and wife had been divorced. At the hearing, the trial court found the child born during the marriage was not the child of the husband. At a subsequent hearing, wife sought paternity and child support against the third party, purportedly the true father of the child. I was appointed guardian ad litem for the child and was asked to report to the Court my recommendations. I recommended that the prior order as to the child be set aside and that former husband and also the putative father be brought before the Court for adjudication of their rights and obligations. The Supreme Court adopted the report of the guardian and remanded for further hearings in light of those recommendations and further pointed and acknowledged the need of an active guardian ad litem to independently represent the child when substantial rights of the child were before the Court. This has been adopted by the legislature and the Courts and has mandated the use for the guardians ad litem in termination cases, adoption cases and the like;

(c)   State v. Bobby F. Pope, and D.S.S. v. Bobby Pope
Mr. Pope was charged with five counts of lewd act and one Criminal Sexual Conduct 1st Degree for instances that purportedly happened two years prior to a then Eleven year old female who lived next door. The charges were based on the statement made by the alleged victim that gave details that were extremely repulsive. Two actions were commenced: one in Family Court, the other in Criminal Court. I handled the entire Family Court matter until it was concluded and dismissed and participated in both criminal trials developing the direct examination on behalf of the defendant. At the first criminal trial, the Court directed a mistrial because a witness was not audible. The second trial took three days with the defense calling seventeen of the twenty-five witnesses over two days to prove that the instances could not have occurred over the seven months span that they were supposed to have happened. The significance is the depth of preparation to visualize and relive defendant's day to day activities over the seven months and two years prior. The defendant was acquitted on five counts, the last was dismissed;

(d)   Williams v. Williams. In 1981 the parties were divorced and the husband granted custody of their two children. In 1987, he instituted an action to remove the respondent from the house, to gain custody of the two additional children born after the divorce and to declare respondent mentally incompetent and leave her virtually destitute. I was appointed by the Family Court to serve as Mrs. Williams' guardian ad litem because of the allegations of mental instability. I filed an answer and counterclaim seeking to prove a common law marriage, request custody, and alimony. There were approximately six or seven temporary hearings and a one-day final hearing on the merits at which time I introduced detailed proof that over the years the parties had held out a marriage. It required a good bit of research and investigation to conform the needed proof to elements required for a common law marriage. A brief on the subject for the Family Court Judge was prepared noting the conformity of proof to the elements. Records utilized had to be sought from agencies, accountants, businesses and included birth records; household and medical insurance; probate court records of involuntary admission to the State Hospital; tax returns for the years; property transfers; and, county property tax notices to indicate the relationship of the parties. The Court found a marriage, granted alimony, but withheld custody pending the wife's continuous treatment and improvement for manic depressive disorder;

(e)   State v. Frank Mattox. "Defendant was charged with eight counts of arson for starting fires that consumed two hundred acres of land. He was apprehended after a forty-one-man manhunt involving airplanes, highway patrol, Sled agents and local deputies. The defendant was a severe alcoholic who was never able to assist in his defense, nor recall the incident and even showed up for his trial intoxicated to the extent of being incoherent. The problem was developing and analyzing the great amount of circumstantial evidence that the State had accumulated without any assistance of my client. It required in excess of sixty hours of investigation and research that ultimately resulted in a directed verdict of acquittal before testimony could be commenced."

Judge Jacobs also reported that from October 1975 to October 1977, he served as Assistant City Judge for the City of Camden, and from February 1978 to the present he has been a Master-in-Equity for Kershaw County, having general civil jurisdiction under the Court of Common Pleas.

Judge Jacobs reported that his most significant decisions were:

(a)   Turner v. Brinegar;

(b)   Reggie Porter Construction Co. v. Wyant;

(c)   Carlos v. Carlos;

(d)   Herndon, Inc. v. Martin;

(e)   Gulledge v. Moyer.

(9)   Judicial temperament:

The Commission believes that Judge Jacobs' temperament has been and would continue to be excellent.

(10)   Miscellaneous:

The Midlands Citizens Advisory Committee found Judge Jacobs to be a qualified and highly-respected judicial candidate. The Advisory Committee further reported that it positively approves of his candidacy.

Judge Jacobs is married to Karen Lee Ponist Jacobs. He has two children: Collin Wayne Jacobs (Electrical Engineer, age 24); Tyler Warren Jacobs (Clemson Student, age 22).

Judge Jacobs reported that he was a member of the following bar associations and professional associations:

SC Bar Association;

American Bar Association-Family Law Section;

Kershaw County Bar Association; President twice; VP twice; Secretary-Treasurer twice;

SC Trial Lawyers Association until 1988;

Phi Alpha Delta-legal fraternity;

Council of Equity Judges.

Judge Jacobs provided that he was a member of the following civic, charitable, education, social, or fraternal organizations:

American Legion;

Veterans of Foreign Wars;

Reserve Officers Association- Life member.

Judge Jacobs further provided, "in the past I have served on the local Boards of the following organizations: United Way for Kershaw County; Red Cross; YMCA; and Cancer Society. I have served on the SC Judicial Council by appointment of the Chief Justice as a representative of the Masters-in-Equity."

Commission's Findings:   QUALIFIED, BUT NOT NOMINATED

(1)   Constitutional qualifications:

Based on the Commission's Investigation, Mr. John meets the qualifications prescribed by law for judicial service on the Circuit Court.

Mr. John was born on December 1, 1953. He is 45 years old and a resident of North Myrtle Beach, South Carolina. Mr. John provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1978.

(2)   Ethical fitness:

The Commission's investigation did not reveal any evidence of unethical conduct by Mr. John.

Mr. John demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.

Mr. John reported that he has not made any campaign expenditures.

Mr. John testified 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;

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

Mr. John testified that he is aware of the Commission's 48-hour rule regarding the formal and informal release of the screening report.

(3)   Professional and academic ability:

The Commission found Mr. John to be intelligent and knowledgeable. The practice and procedure questions were waived for Mr. John because he met expectations on practice and procedure questions given to him during a previous screening within the past year.

Mr. John described his past continuing legal or judicial education during the past five years as follows:

18.75 legal ed. hours and 1.5 ethics hours, (1999-to date);

45 legal ed. hours and 4.58 ethics hours, (1998);

25.5 legal ed. hours and 5.75 ethics hours, (1997);

42.92 legal ed. hours and 9.5 ethics hours, (1996);

29.5 legal ed. hours and 7.75 ethics hours, (1995);

18.25 legal ed. hours and 2.0 ethics hours, (1994);

34.75 legal ed. hours and 1.5 ethics hours, (1993).

Note: This list does not include any carry-over hours.

Mr. John reported that he has not taught or lectured at any bar association conferences, educational institutions, or continuing legal or judicial education programs.

Mr. John reported that he has not published any books and/or articles.

(4)   Character:

The Commission's investigation of Mr. John did not reveal any evidence of grievances or criminal allegations made against him. The Commission's investigation of Mr. John did not indicate any evidence of a troubled financial status. Mr. John has handled his financial affairs responsibly.

The Commission also noted that Mr. John was punctual and attentive in his dealings with the Commission, and the Commission's investigation did not reveal any problems with his diligence and industry.

(5)   Reputation:

Mr. John reported that his Martindale-Hubbell rating was "BV."

(6)   Physical health:

Mr. John appears to be physically capable of performing the duties of the office he seeks.

(7)   Mental stability:

Mr. John appears to be mentally capable of performing the duties of the office he seeks.

(8)   Experience:

Mr. John was admitted to the South Carolina Bar in 1978.

Since his graduation from law school, Mr. John reported that he was a law clerk for the Honorable Sidney T. Floyd, Resident Judge of the Fifteenth Judicial Circuit, from 1978 to 1980. From 1981 to the present, Mr. John reported he has been in a private practice. He opened a solo practice in North Myrtle Beach, South Carolina, in 1986, having an active trial practice in all of the state courts. In civil court, he has had handled many different types of cases, both for plaintiffs and defendants ranging from contract and automobile accidents to multi-million dollar construction cases. Other types of cases that he has handled in civil court include construction defect cases, 1983 actions, wrongful discharge, mechanic and condominium liens and foreclosures, mortgage disputes and foreclosures, auto accidents and personal injury, slander and libel, property and zoning disputes, landlord tenant disputes, negligent infliction of emotional distress, premises liability, tort claims act, and unfair trade practices. In criminal court, Mr. John reported that he has had a variety of cases ranging from traffic and driving offenses to court-appointed defense in death penalty cases. Mr. John reported that he has also handled cases concerning violent crimes involving lethal weapons and the most recent of these was a death penalty case, State v. Titus Huggins.

Mr. John reported that he has handled Family Court cases ranging from uncontested divorces to a variety of contested family disputes. Mr. John further reported that he has been appointed by Judges Sidney T. Floyd and David H. Maring, Sr., as a Special Referee in the Circuit Court in over 50 cases. He is also a Certified Circuit Court Arbitrator by the South Carolina Supreme Court Board of Arbitration. Mr. John has also been appointed by Judges Sidney T. Floyd and David H. Maring, Sr., as a mediator in the Fifteenth Judicial Circuit in over 50 cases. He has also been a court-appointed Guardian ad Litem in disputed child custody cases in the Family Court for the Fifteenth Judicial Circuit in over 100 cases. Since 1993, Mr. John has been a member of the City of North Myrtle Beach Zoning Board. Mr. John has also been a Pro Bono Lawyer for the Horry County Disabilities and Special Needs Agency since 1993 and he continues to serve in that position.

Mr. John reported the frequency of his court appearances during the last five years as follows:

(a)   Federal:   Infrequent

(b)   State:     Over the last five (5) years in Circuit Court and Family Court, he has had a variety of matters, whether by motion, uncontested action, non-jury trial, or jury trial, in virtually every week that there has been Court in the Fifteenth Judicial Circuit

Mr. John reported the percentage of his practice involving civil, criminal, and domestic matters during the last five years as follows:

(a)   Civil:       40%

(b)   Criminal:     20%

(c)   Domestic:   40%

Mr. John reported the percentage of his practice in trial court during the last five years as follows:

(a)   Jury:       40%

(b)   Non-jury:   60%

Mr. John provided that he most often served as sole counsel in these matters.

The following is Mr. John's account of his five most significant litigated matters:

"(a)   Mariners Pointe Homeowners Association v. U.D.C.-Universal Development, d/b/a U.D.C. Homes Limited Partnership v. over thirty Third Party Defendants, and Paul Martin and Be Bushong, Individually and as Class Representatives v. U.D.C.-Universal Development, d/b/a U.D.C. Homes Limited Partnership, 1990-1996.

As the title indicates, this was an extremely complex construction case. The main action by the Association dealt with the damages to the common elements at the Mariners Pointe Condominium and Marina project. The construction issues involved roofing damage, settlement of the marsh in areas near the buildings, pool defects, marina design defects, porch and deck defects, fire wall defects, spoilage basin design defects, ventilation defects, irrigation system defects, parking lot design defects, sighting defects, and a host of other general construction problems, many of which violated the standard building code. The class action dealt with interior unit damages suffered by the individual owners. I developed the case from its initial interviews through development of all of the necessary experts, numerous depositions and production of documents, and upon the eve of trial, through the use of mediation, this case was eventually settled to the satisfaction of the Plaintiffs in the multi-million dollar range;

(b)   State v. Titus Huggins, 1996. This was a death penalty case. I was court appointed with a public defender for Horry County to provide the defense. There was an initial trial of the first phase, during which Mr. Huggins was convicted of armed robbery and murder with a pistol. The Defense presented Motions to the Trial Judge regarding juror improprieties, which led the Court to declare a mistrial. There was a retrial in which I again participated as one of the two defense counsels for Mr. Huggins, in which Mr. Huggins was again convicted of armed robbery and murder of a shop keeper, and subsequently received the death penalty. This matter is currently on appeal;

(c)   North Carolina Federal Savings and Loan Association v. DAV Corporation, et al., 1986-1993. I was retained to file a mortgage foreclosure action on certain ocean view property, upon which there had been a failed condominium project. Before trial, due to motions for a jury trial, made by one of the Defendants on certain of his counter-claims, this matter was the subject of an appeal to the South Carolina Court of Appeals and thereafter, Certiorari was granted and an opinion issued by the South Carolina Supreme Court, which helped to define legal and equitable claims. This matter was also placed in the purview of the Bankruptcy Court for a period of time due to actions of a Defendant, which caused certain filings to remove the matter from the Bankruptcy Court. Thereafter, the Plaintiff went into receivership and was taken over by an agency of the Federal Government, the Resolution Trust Corporation, which caused the matter to be transferred to Federal Court. Eventually we were able to successfully convince the Federal Court to issue a Summary Judgment Order granting Foreclosure. Besides the issues decided on Appeal, as reported in 294 S.C. 27, 362 S.E.2d 308, and 298 S.C. 514, 381 S.E.2d 903, this case also epitomized the difficulties that can be encountered and necessarily overcome in what may appear to be initially a relatively straight forward matter;

(d)   State v. Limme Arther, 1985-1998. This was a death penalty case. I was court appointed, with another counsel, to provide the defense for Mr. Arther, who was ultimately convicted of armed robbery and murder with an ax. At Mr. Arther's first trial, he was convicted and given the death sentence; however, due to objections made by myself and other trial counsel, because of improper arguments and statements by the Solicitor, the Supreme Court overturned the death sentence and returned it for a new sentencing hearing. At the second trial of the death penalty phase, due to the intervention of Attorney David Bruck, who was also appointed as defense counsel for Mr. Arther, this matter was tried only by a circuit judge without a jury, and the death sentence was then imposed. The Supreme Court reviewed this and returned the matter for the imposition of a life sentence. This case was reported in 290 S.C. 291, 350 S.E.2d 187 (1986), and 296 S.C. 495, 374 S.E.2d 291 (1998);

(e)   McCormac v. The Town of Pawleys Island, et al.. While I was not trial counsel for either party in this matter, I was the Court Appointed Special Referee. This case involved an Appeal from the decision of the Town of Pawleys Island Zoning Board of Appeals, in which that Board granted a variance for the construction of a residence. As the non-jury trial judge in this matter, I reversed the decision of the Zoning Board of Appeals. The Town and the other parties appealed this matter to the South Carolina Court of Appeals, and in an unpublished opinion, number 95-UP-077, filed March 23, 1995, my decision was upheld and my order was adopted as the decision on Appeal."

The following is Mr. John's account of five civil appeals he has personally handled:

"(a)   State v. Sapps, 295 S.C. 484, 369 S.E.2d 145 (1988). I filed this appeal on behalf of a defendant who was convicted of first degree criminal sexual conduct and kidnapping. The main issue on appeal was whether or not it was proper for the Solicitor, in cross examination, to ask the defendant whether other witnesses were lying, thereby forcing the defendant to attack the veracity and truthfulness of other witnesses, thereby improperly invading an area to be determined by the jury. The South Carolina Supreme Court overturned the conviction and returned the matter for new trial. Later this party pled guilty to lessor charges, more reflective of his limited involvement in the crime;

(b)   Kincaid v. The Landing Development Corporation, et al., 289 S.C. 89, 344 S.E.2d 869 (Ct. App., 1986). This was a significant construction case that I developed for trial, along with John R. Clarke, Esquire, and upon a successful verdict being rendered to our client, an appeal was taken by the defendants. The verdict was upheld by the Court of Appeals, and certain important areas in construction litigation were clarified by this decision, including qualification of expert witnesses, sufficiency of damage information, and liability of interrelated corporations. I wrote the appeal brief in this matter and participated in the oral arguments with John R. Clarke, Esquire;

(c)   Roundtree Villas Association, Inc. v. 4701 Kings Corp., et al., 282 S.C. 415, 321 S.E.2d 46 (1984). This was a construction case which I developed for trial with John R. Clarke, Esquire, and upon a successful jury verdict, an appeal was taken by the defendants. The Supreme Court returned the matter for a new trial, in which the plaintiff was again successful. This matter is significant because it did extend liability when a lending agency undertakes to make repairs on a building it previously only participated in by financing. There is then a common law duty which arises to use due care in the repairs, thereby making the lender liable for any damages caused by negligent repairs. I wrote the appeal brief in this matter and participated in the oral arguments with John R. Clarke, Esquire;

(d)   Piedmont Aviation, Inc. v. Quinn, 294 S.C. 502, 366 S.E.2d 31, (Ct. App) 1988. I was retained to write the appeal brief for the plaintiff in this matter by the trial counsel, and they used the arguments I developed at oral arguments. The jury verdict was upheld by the Court of Appeals which helped define the two issue rule;

Note: for the above cases, no trial briefs are available. Since all of these matters have been concluded, the trial briefs were destroyed as extraneous and are no longer available. Therefore, for the last appeal, I am listing the case of:

(e)   Tilghman v. Tilghman, which is currently on appeal to the South Carolina Court of Appeals, under Docket Number 95-DR-26-2983. Though this is a Family Court appeal, I believe it is relevant in that the main area on appeal deals with the corroboration of evidence, which may have applicability in civil matters.

Mr. John reported that in 1998 he unsuccessfully ran as a candidate for Seat 2 of the Circuit Court for the Fifteenth Judicial Circuit. He was qualified as one of the three candidates by the Judicial Merit Selection Commission. In the fall of 1998, Mr. John reported that he filed as a candidate for At Large Seat 1 of the Circuit Court of the State of South Carolina but withdrew as a candidate for this seat.

(9)   Judicial temperament:

The Commission believes that Mr. John's temperament would be excellent.

(10)   Miscellaneous:

The Pee Dee Citizens Advisory Committee reported that Mr. John is qualified for the position of circuit court judge in the State of South Carolina. The committee reported that Mr. John is well liked by his peers and enjoys an excellent reputation for his honesty and ethical conduct. The committee recommended this candidate without reservation.

Mr. John is married to Susan Watts John. He does not have any children.

Mr. John reported that he was a member of the following bar associations and professional associations:
South Carolina Bar Association, (1978-present);
Horry County Bar Association, (1978-present).

Mr. John provided that he was a member of the following civic, charitable, education, social, or fraternal organizations:

Rotary International and local North Myrtle Beach Club (1987-present). He reported that he has been a member of the local club Board of Directors and has held numerous committee chairmanships, and he is also a Paul Harris Sustaining Member and has received the perfect attendance award ever since joining in 1987;

Optimist International and local North Myrtle Beach Club (1987-1996). He was a member of the Board of Directors and has held various officer positions;

Citadel Alumni Association and Citadel Brigadier Club (1975-present);

Horry County Citadel Club (1980-present);

U.S.C. Alumni Association and U.S.C. Gamecock Club (1978-present).

Commission's Findings:     QUALIFIED

(1)   Constitutional qualifications:

Based on the Commission's investigation, Judge Kinard meets the qualifications prescribed by law for judicial service for the Court of Appeals.

Judge Kinard was born on October 18, 1939. He is 59 years old and a resident of Camden, South Carolina. Judge Kinard provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1964.

(2)   Ethical fitness:

The Commission's investigation did not reveal any evidence of unethical conduct by Judge Kinard.

Judge Kinard demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.

Judge Kinard reported that he has spent $14.80 for envelopes, $31.75 for stationery, and $198 for six rolls of stamps.

Judge Kinard testified 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;

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

Judge Kinard testified that he is aware of the Commission's 48-hour rule regarding the formal and informal release of the screening report.

(3)   Professional and academic ability:

The Commission found Judge Kinard to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.

Judge Kinard described his continuing legal education during the past five years as follows:
1994:

Jan. 21, 1994, Ninth Annual Criminal Law Update, SC Bar, 6.5 JCLE credit;

May 18-20, 1994, Circuit Judges Association Meeting, Hickory Knob, 4.25 hours JCLE credit;

Aug. 24-26, 1994, Judicial Conference, Columbia, 9.0 hours JCLE credit;

Sept. 16, 1994, Mandatory JCLE, Columbia, 6.0 hours JCLE credit;

Sept. 19-23, 1994, American Judges Educational Conference, Las Vegas, Nevada, 14.0 hours JCLE credit;

Nov. 14-18, 1994, Advanced Evidence course sponsored by National Judicial College, Charleston, 23.33 hours JCLE credit;

Jun. 2-5, 1994, SC Bar Annual Meeting, Hilton Head;

Aug. 11-13, 1994, SC Trial Lawyers Meeting, Hilton Head

Oct. 21-23, 1994, SC Defense Trial Attorneys Association Meeting, Kiawah;

Feb. 3, 1994, The John Belton O'Neall Inn of Court Panel Discussion on "Drugs and Violence in Our Society" 1 hour JCLE credit;

Mar. 4, 1994, John Belton O'Neall Inn of Court Session on "The New Federal Rules", 1 hour JCLE credit;

Sept. 8, 1994, John Belton O'Neall Inn of Court Panel presentation on "Improving Lawyers' Quality of Life", 1 hour JCLE credit;
1995:

Jan. 14, 1995, SC Bar Mid-Year Meeting, 3.50 hours CLE credits-Task Force on Justice for All;

Jan. 13, 1995, SC Bar Mid-Year Meeting, 6.00 hours CLE credits-10th Annual Criminal Law Update;

Apr. 20, 1995, John Belton O'Neall Inn of Court, 0.75 hour CLE credits;

May 17, 1995, Circuit Court Judge's Spring Conference, 4.25 hours JCLE credits;

Jun. 3, 1995, Annual Meeting-Alternate Dispute Resolution, 3.0 hours CLE credits;

Jun. 2, 1995, Annual Meeting-Trial and Appellate Advocacy Section, 3.0 hours CLE credits;

Aug. 4-6, 1995, Impact Decisions, A Day with the Trial Judges, Courts Under Attack III, Children - The Forgotten Victims of Domestic Violence; and Drugs, Crime and Violence in Our Society. 1995 American Bar Association Meeting, Chicago, 12.0 hours CLE credits;

Aug. 24, 1995, Judicial Conference, 8.0 hours JCLE credits;

Sept. 29, 1995, South Carolina Tort Law Update: A Circuit Court Bench/Bar Seminar, 6.0 hours CLE credits;

Aug. 10-12, 1995, SC Trial Lawyers Association, Hilton Head, 6.0 hours CLE credits;

Nov. 9-12, 1995, SC Defense Trial Lawyers meetings, Sea Island, GA, 6.0 hours CLE credits;
1996:

Jan. 26, 1996, Eleventh Annual Criminal Law Update, 6.25 hours JCLE credits;

Jan. 27, 1996, Mid-Year Meeting: Employment & Labor Law Section, 3.0 hours CLE credits;

Apr. 21, 1996, General Jurisdiction (National Judicial College), 86.58 hours JCLE credits;

Apr. 12, 1996, Understanding the New SC Criminal Offenses and Penalties for "Serious", 6.25 hours JCLE credits;

May 15, 1996, Circuit Judge's Spring Conference, 8.25 hours JCLE credits;

Jun. 7, 1996, Trial and Appellate Advocacy Annual Meeting, 3.0 hours CLE credits;

Jun. 8, 1996, Torts and Insurance Practices/Natural Resources/Trial and Appellate, 12.0 hours CLE credits;

Aug. 8, 1996, Annual Convention, 12.0 hours CLE credits;

Aug. 22, 1996, Judicial Conference, 8.25 hours JCLE credits;

Sept. 30-Oct. 2, 1996, Toronto, Canada, Educational Conference, 9.75 hours CLE credits;

Oct. 24, 1996, Mediation Pilot Meeting, 2.0 hours CLE credits;

Oct. 17, 1996, Mediation Project Meeting, 2.0 hours CLE credits;
1997:

Jan. 23-26, 1997, University of Minnesota-Sentencing Workshop, 14.0 hours CLE credits;

Feb. 18, 1997, Clerks of Court Meeting, Round Table (CP); Lugoff, 2.7 hours CLE credits;

Feb. 27-Mar. 3, 1997, University of Minnesota-Sentencing Workshop, 14.0 hours CLE credits;

Apr. 4, 1997, ADR Program, 6.5 hours CLE credits;

Apr. 17-20, 1997, University of Minnesota-Sentencing Workshop, 14.0 hours CLE credits;

May 14-16, 1997, Circuit Court Judges Spring Conference, Fripp Island, 10.0 hours JCLE credits;

Aug. 20-21, 1997, Annual Judicial Conference, Columbia, 10.0 hours JCLE credits;

Sept. 30, 1997, 12th Annual Criminal Law Update, 6.0 hours CLE credits;

Nov. 6-9, 1997, SC Defense Trial Attorney's Association meeting, 6.0 hours CLE credits;
1998:

Jan. 9, 1998, Seminal of Circuit and Family Court Judges for Administrative Purposes, 5.25 hours JCLE credits;

Jan. 23, 1998, 13th Annual Criminal Law Update, 6.5 hours CLE credits;

Jan. 20, 1998, January Inn of Court, .50 hours CLE credits

Feb. 25, 1998, February Inn of Court, 1.0 hours CLE credits;

May 14-15, 1998, Circuit Court Judge's Spring Conference, Fripp Island, 6.0 JCLE credits;

Aug. 2, 1998, Special Problems in Criminal Evidence, 25.50 hours JCLE credits-National Judicial College;

Aug. 13, 1998, Annual Convention of Trial Lawyers, 14.50 hours CLE credits;

Aug. 20, 1998, Judicial Conference, 8.25 hours JCLE credits;

Oct. 15, 1998, October Inn of Court, 1.0 hours CLE credits;

Nov. 9, 1998, November Inn of Court,1.0 hours CLE credits;

Dec. 11, 1998, Administrative Judges Seminar, 5.25 hours JCLE credits;
1999:

Jan. 22, 1999, SC Bar Mid-Year Meeting, Charleston, 6.5 hours JCLE credits;

Feb. 17, 1999, Inn of Court meeting, 1.0 hour CLE credits.

Judge Kinard reported that he has taught the following law-related courses:

Presented Trial and Appellate Advocacy in 1989-CLE;

Panelist on Bench Bar 1992 Update-10/9/92 JCLE;

Nov. 1992, presenter at CLE on Automotive Law Materials prepared by Honorable Ralph King Anderson; JCLE material presented jointly with Mike Tighe-Default Matters, 1991;

Moderator and Program Coordinator at October 1993 JCLE;

Panelist at 1994 Criminal Law JCLE;

Panelist at 1990 JCLE State Grand Jury Overview;

Panelist at various SC Defense Lawyers Conferences;

Presenter at 1992 and 1993 meeting of Circuit Judges on jury charges;

Presenter of various programs at virtually every Spring Conference of Circuit Judges;

Presenter of Criminal Law Changes JCLE, 1996;

Moderator Bench/Bar Update, 1994;

Presented two CLEs on Alternative Dispute Resolution in 1996;

Presenter Pilot Project to Annual Conference of Circuit Court Judges, 1997;

Group Facilitator General Jurisdiction-Judicial College, 1996;

Group Facilitator Advanced Evidence-Judicial College, 1998;

Presenter 1997 Mediation at John O'Neall Inn of Court;

Program Chairman 1998 Educational Conference of Circuit Court Judges-Also presenter on Jury Selection Problems-Trial Participant;

Program Chairman 1999 Spring Judges Conference;

Presenter at last two (1997 & 1998) SC Defense Trial Lawyers Association Trial Academies on trial procedures.

Judge Kinard reported that he has published the following books and/or articles:

Published Trial and Appellate Advocacy for 1989 CLE;

Published Workplace Defamation and Other Ancillary Causes of Action in Employment Claims in 1992;

Published JCLE material jointly with Mike Tighe-Default Matters, 1991.

(4)   Character:

The Commission's investigation of Judge Kinard did not reveal any evidence of grievances or criminal allegations made against him. The Commission's investigation of Judge Kinard did not indicate any evidence of a troubled financial status. Judge Kinard has handled his financial affairs responsibly.

The Commission also noted that Judge Kinard was punctual and attentive in his dealings with the Commission, and the Commission's investigation did not reveal any problems with his diligence and industry.

(5)   Reputation:

Judge Kinard reported that his Martindale-Hubbell rating was "AV."

Judge Kinard reported that he has held the following public offices:

President of the Kershaw County Chamber of Commerce in 1983;

Elected President of the Camden Country Club, two years from (1981-1982), (1982-1983);

Elected Vice-Chairman of Wateree Community Actions, 1969 to 1972, by the membership, appointed to the Board by the Kershaw County Council, elected Vice-Chairman by the members;

Appointed by City Council to serve on the Board of the Kershaw County Commission on Drug Abuse from 1970 until 1975.

(6)   Physical health:

Judge Kinard appears to be physically capable of performing the duties of the office he seeks.

(7)   Mental stability:

Judge Kinard appears to be mentally capable of performing the duties of the office he seeks.

(8)   Experience:

Judge Kinard was admitted to the South Carolina Bar in 1964.

After his graduation from law school in 1964, Judge Kinard clerked for Henry Savage, Jr. and Ed Royall until admission to the Bar in April of 1964 when he became an associate. Henry Savage was a business attorney and tried in mid-1964, with Judge Kinard's assistance, his only circuit court case in Judge Kinard's 24 years with the law firm. They were successful in the reassessment and Judge Kinard assisted in drafting. The firm was strictly a defense firm when Judge Kinard arrived. Judge Kinard handled most of the litigation. Domestic cases and equity matters were quickly added to Judge Kinard's slot, along with City Court appearances and a few Workers Compensation hearings. By 1965, when Judge Kinard was made a partner, the firm had picked up several new carriers as clients, and expanded its representation in commercial litigation, with the addition of several finance companies to its clientele. Several utilities and roads have crossed portions of Kershaw County during Judge Kinard's practicing years, and he has participated in or handled such cases. Over the years, Judge Kinard has appeared in Social Security Disability, Unemployment Security Commission, and zoning type matters and has appeared in coroner's inquests.

In trials, Judge Kinard's representation of defendants in personal injury litigation exceeded that of plaintiffs, but the firm had fair success representing plaintiffs and the firm has had at least one settlement exceeding $100,000 per year for the last several years that Judge Kinard practiced with the firm.

As managing partner in charge of personnel and procedure from 1968 until his departure in May 1988, Judge Kinard's responsibilities included delegating and assigning various cases and functions to firm members. Judge Kinard generally trained firm members in trial procedure and tried jury cases with firm members.

On the criminal side, in his early years with the firm, Judge Kinard did not handle criminal matters, but he was immediately court-appointed on many cases. This exposure resulted in Judge Kinard's acquiring several fee-producing criminal cases. Through the years, Judge Kinard was involved in the defense of virtually all crimes from hunting violations in Magistrate's Court, to several murder trials in Circuit Court, to trial defense of a bank president on embezzlement charges in Federal Court. However, Judge Kinard preferred civil practice, so he generally ceased handling criminal cases in 1975 when other members of his former law firm began handling those cases. Judge Kinard generally would not participate unless some special circumstance required his input.

The firm handled numerous real estate matters over which Judge Kinard generally supervised the closing. These matters included many commercial projects such as apartment projects, shopping centers (with many realtors and builders as clients), and numerous contract and commission controversies handled personally by Judge Kinard through litigation. While small estates were generally handled by other firm members, Judge Kinard handled a few large estates and prepared estate tax returns for the firm.

Over the years, routine foreclosures, collections suits, and claim and delivery actions became Judge Kinard's responsibility. Judge Kinard was aided by one of his secretaries who was quite competent in setting these actions up and in following through with minimum attorney input.

Prior to 1979, Judge Kinard filed a few bankruptcies for the firm and studied bankruptcy changes. Then bankruptcies with the new changes mushroomed. While the bankruptcy practice only consumed about 10% of Judge Kinard's total law practice, from September 1987 through December 31, 1987, Judge Kinard filed 21 individual and corporate bankruptcies, consisting of Chapter 13's, Chapter 11's, and Chapter 7's. From the first of 1988 until his departure in May of 1988, Judge Kinard filed about five more. Judge Kinard handled bankruptcies from individuals and corporations in all the surrounding counties as there was apparently no attorney in the area outside of Columbia who then handled them, and he was fully competent to handle all styles from individual through business reorganization. Judge Kinard also represented creditors in bankruptcy matters.

As managing partner, Judge Kinard was cognizant of most of the pending cases, but he had moved toward a business and tax-planning role as the firm's representative of local banks. Judge Kinard's services at that time were as personal attorney for a savings and loan, and his representation of various business interests dictated that his time be spent at roster meetings, interrogatories, pleadings, and depositions. This position also required blocks of his time that he could more profitably have spent on other matters. Therefore, as mentioned above, Judge Kinard's limited criminal practice had ceased and he had limited his Family Court practice to a minimum. Judge Kinard would have eliminated it entirely if domestic issues were not interwoven with business relationships. The savings and loan that Judge Kinard represented, First Federal, converted to stock ownership and Judge Kinard prepared proxy statements and obtained their approval for the years 1986 and 1987. In 1987, Judge Kinard did the same for Palmetto State Savings and Loan. Palmetto State and First Federal merged after Judge Kinard became a judge.

Judge Kinard has represented numerous realtors and builders and handled numerous warranty and contract disputes.

Since his election to the bench and swearing-in on May 3, 1988, Judge Kinard has presided over numerous civil and criminal trials, heard agency appeals, as well as non-jury merit and motion matters.

The following is Judge Kinard's account of his five most significant litigated matters:

"(a)   Mary Whitaker v. Catawba Timber Company, Court of Common Pleas, Kershaw County, SC (81-CP-28-159), decision May 3, 1982, Judge Walter J. Bristow, Jr.; The plaintiffs in 1967 agreed to accept an increasing yearly rental for a 66 year term for about 260 acres and further executed an option to purchase for $15,000 anytime after the 20th year increasing 5% per year from the 21st year through the 66th year of the lease term. Plaintiff filed suit seeking cancellation of the lease and option after I attempted to exercise the option to purchase for the company. Basically, the plaintiff alleged inadequacy of consideration and that the option violated the rule against perpetuities. I paid the consideration into court and counterclaimed, seeking specific performance. After a trial without a jury before Judge Bristow, he executed an order granting specific performance and we immediately closed the purchase. A group of cases do hold such a clause violative of the rule and that issue was novel to South Carolina; however, my research had found the majority rule to hold favorable in similar circumstances, including a then recent Georgia decision involving a landowner, a paper company and a 60-year lease. Catawba Timber is a subsidiary of Bowater and many thousands of acres were under option under similar leases. House counsel for Bowater advised me that based on my research, they ascertained that their options in several states wold possibly be held to violate the perpetuities rule in those states and they accordingly exercised all their options to purchase rather than risk litigating the issue again which, of course, is why I, as sole counsel, found the case to be significant;

(b)   Foxwood, a Limited Partnership v. Town of Kershaw, 80-CP-20-10, Court of Common Pleas, Lancaster County, decision Judge George Coleman, July 14, 1980. The Town of Kershaw refused to permit an apartment project to connect to its water and sewer facilities after earlier granting permission. The suit was for a writ of mandamus and also sought injunctive relief alleging basically that the city was estopped, that water hookups were ministerial functions and could not be arbitrarily withheld, and that quasi-zoning by granting or withholding water taps denied equal protection. Judge Coleman ordered the Town to furnish the services. The Town filed Notice of Appeal, which was eventually dismissed in early 1981. Incidentally, our clients then sought issuance of permits and the Town refused, resulting in our filing suit seeking damages and a contempt order against each council person. Prior to hearing on the contempt matter, the town agreed to cooperate and we filed an Order of Dismissal in June of 1982, with the apartment project finally commenced in late 1982 and completed. I feel this case to be significant in that it again shows that if you persevere, elected officials will be compelled to perform their legal duty, and will acknowledge that they also are under the law;

(c)   The State v. McKinley Thomas, Murder Indictment, Trial in Richland County, SC; This was a criminal case about 25 years ago when Theodore Byrd and associates marched two Kershaw County deputies off I-20 near Elgin, killed Officer Potter and severely injured a fellow officer. The case was tried by Solicitor John Foard before Judge Grimball just before the Solicitor's defeat by Jim Anders. The trial was widely publicized and took a week to try. I spent at least one month working on that unpopular court appointed defense, including many trips to Columbia, and never received any compensation as the defense fund was exhausted when claim was filed, as I recall. The trial was complex, many attorneys were involved, including the Richland county defense group. I served as Chief Counsel for this defendant and examined every witness and argued to the jury. We successfully overcame the old "hand of one is the hand of all" argument in the face of previous knowledge brought out in the trial that Byrd had killed another officer the previous night with the defendant and others in attendance and also that all defendants were holding guns on the officers when Byrd started shooting. The jury found the defendants, except Byrd, who had pleaded guilty, not guilty of murder and other related charges, finding guilt only of larceny of the officers' pistols, as I recall. Overcoming the Solicitor's vigorous presentation and the legal issues presented make the case appear significant to me. My jury arguments, since I felt the defendants should be found guilty, against the hand on one theory was my most trying moment in my career and while I did not falter during the argument, I honestly never felt that a not guilty verdict was within the realm of possibility and I took no pride in that verdict when received, but did learn to rethink some of my previous conceptions of how juries arrived at verdicts and feel that my trial skills were helped by participation in that apparent hopeless decision;

(d)   Helen Best, et al. v. L.L. DeBruhl, Court of Common Pleas, Kershaw County, SC. I was chief counsel in this case, ably assisted by the late Judge Clator Arrants and Senator Donald Holland, decided over 25 years ago, which involved suit by the plaintiff against the then Sheriff of Kershaw County alleging false imprisonment and violation of various civil rights statutes growing out of the Sheriff's arrest of three middle age ladies from the Bethune area on alleged drug possession. A reliable informant advised the Sheriff that the ladies who were under surveillance had certain drugs in their possession and where they were to be. The Sheriff picked up the ladies and brought them to the jail and asked if his wife could search them (this was before we had female officers in the County) to which they consented, provided they could first use the bathroom, which consent was then given (our Sheriff was at that time younger and not as experienced). Obviously, the subsequent search uncovered no controlled substances. The case was difficult to defend as some procedures were not properly followed and the Sheriff refused to identify his informant or permit us to present other drug related evidence damaging to the plaintiffs, earlier obtained by his force. The case was tried before Judge Wade Weatherford and resulted in a verdict for the defendant. The case seems significant in that it was widely publicized and the favorable verdict tended to discourage frivolous suits locally against elected officials; in fairness, we would have been pressed to have won the case had suit been filed in Federal Court due to the minor procedure violations mentioned above, the plaintiff's attorneys permitted us to paint a damaging portrait of their clients by innuendo, which would probably not have been permitted in Federal Court;

(e)   Hovis v. Wright, Fourth Circuit, Jan. 10, 1985, 84-1128. This was a bankruptcy matter where I filed a school teacher in bankruptcy and claimed as exempt from bankruptcy proceeding the State's retirement contributions of my teacher/debtor, which amount at that time exceeded $8,000. Judge Davis, on motion of the Trustee at hearing, ruled that the Trustee could reach the State retirement fund. I appealed and Judge Perry for the District Court held that the Trustee could not reach the funds. A subsequent appeal was taken to the Fourth Circuit where it was held that the funds could not be reached. This case was very important since not only my individual teacher, but all state employees were affected by the outcome. I don't know the exact number but about 40 state employees' retirement benefits were riding on the outcome of this decision at the time of the final adjudication. I did not actually appear before the Fourth Circuit as I asked the Attorney General to intervene since the state's interest appeared great and the Attorney General graciously furnished counsel. I did file a brief, but did not appear before the Fourth Circuit."

Judge Kinard reported that in May 1998, he was elected to circuit court and has served continuously. Judge Kinard is currently serving as resident judge of the Fifth Judicial Circuit.

(9)   Judicial temperament:

The Commission believes that Judge Kinard's temperament has been and would continue to be excellent.

(10)   Miscellaneous:

The Midlands Citizens Advisory Committee found Judge J. Ernest Kinard, Jr., to be a well-qualified and highly respected judge. The Committee wholeheartedly approved of his candidacy for chief judge.

Judge Kinard is married to Kay Livingston Davis. He has three children: Kay Marie Kinard (33, housewife-former teacher); Audrey Kinard Smith (31, English teacher-Dorchester Co.); and John E. Kinard, III (28, Asst. VP-First Palmetto Savings Bank, Camden).

Judge Kinard reported that he is a member of the following bar associations and professional associations:

Kershaw County Bar Association (President 1967);

South Carolina Bar Association;

American Bar Association;

American Judicature Society;

Fellow, South Carolina Bar Foundation;

John Belton O'Neall Inn of Court (President 1998);

American Judges Association;

South Carolina Association of Circuit Court Judges.

Judge Kinard provided that he was a member of the following civic, charitable, education, social, or fraternal organizations:

Kershaw County Chamber of Commerce (Former President);

Camden Country Club (Former President);

Camden Sertoma Club (Former President);

Member of Kershaw Lodge #29 but withdrew in good standing several years ago;

Member of a dance club (resigned in 1992-unable to attend dances);

Snipe Club;

Also a contributing member to various charities, e.g. S.C State Museum, Fine Arts Commission, Riverbanks Zoo, etc.

Judge Kinard provided, "I have held court in 38 counties and have always moved dockets without, I feel, unduly pressuring attorneys or litigants. I was head of the first Bar sponsored Settlement Week, which success has assisted the Bar in moving toward ADR in many actions. I was the first Presiding Judge over the State Grand Jury - have qualified three of the State Grand Juries, and served as Presiding Judge of the State Grand Jury for over two years and am currently alternate. I managed the pilot ADR project in Florence County for one year as Chief AD Judge and currently manage ADR as Chief AD Judge in Richland County, the other pilot county. Two years of service as Chief Administrative Judge (Criminal) in the Fifth Judicial Circuit and over three years as Chief Administrative Judge (Civil) in the Fifth Judicial Circuit where I am currently serving as Chief Administrative Judge (Civil), has prepared me for virtually any matter and presiding in a high media area has opened my service to full public scrutiny.

Additionally, while in private practice I prepared for my clients, my firm and other attorneys untold agreements, including complex wills, trial briefs, complex trust agreements, partnership documents, corporate documents, complex leases, timber sales agreements, proxy statements, shopping center and apartment project leases, restrictive covenants, tax free exchanges, buy and sell agreements, mergers, sale of assets, Chapter 11 and 13 plans, decrees in virtually every equity and family court type proceeding and am unaware of any problem with any drafted document, many of which served as models for the local bar."

Commission's Findings:   QUALIFIED

(1)   Constitutional qualifications:

Based on the Commission's investigation, Ms. Matthews meets the qualifications prescribed by law for judicial service as an Administrative Law judge.

Ms. Matthews was born on November 8, 1950. She is 48 years old and a resident of Columbia, South Carolina. Ms. Matthews provided in her application that she has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1978.

(2)   Ethical fitness:

The Commission's investigation did not reveal any evidence of unethical conduct by Ms. Matthews.

Ms. Matthews demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.

Ms. Matthews reported that she has not made any campaign expenditures.

Ms. Matthews testified 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;

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

Ms. Matthews testified that she is aware of the Commission's 48-hour rule regarding the formal and informal release of the screening report.

(3)   Professional and academic ability:

The Commission found Ms. Matthews to be intelligent and knowledgeable. Her performance on the Commission's practice and procedure questions met expectations.

Ms. Matthews described her continuing legal education during the past five years as follows:

1994:   5.25 Hours carried forward from 1993

06/03/94   SC Bar     Natural Resources Section, 3.00

Teaching Credits   , 2.25

10/14/94   SC Bar   ,What Every SC Lawyer Should Know About Environmental Law, 6.00

16.5 Total

1995   2.5 hours carried forward from 1994

04/21/95   CLE Seminar at USC Law School in Columbia, 6.00

06/30/95             The New Circuit Court Arbitration Rules     , 8.00

08/10/95   SC Trial Lawyers Annual Convention Environmental Law Seminar, Hilton Head Island, 3.00

08/11/95   Ethics & Civility, 2.0

08/12/95   General Session & Legislative Update, 3.2

08/24/95   SC Bench/Bar Statewide Video CLE Seminar: "The New SC Rules of Evidence", 4.0

26.2 Total

1996   14 hours carried forward for 1995

01/26/96   SC Bar   Eleventh Annual Criminal Law Update, 6.25

04/26/96   SC Bar The Woman Advocate in South, 7.58

27.83 Total

1997:

01/24/97   SC Bar Alternative Dispute Resolution, 3.00

01/25/97   SC Bar   Government Law, 3.00

03/06/97   SCCFP Governor's Conference on Youth   , 7.25

04/18/97   SC Bar   1997 Women Lawyers Assoc., 9.50

11/09/97   Richland Bar 3rd Annual Ethics Seminar, 3.00

37.58 Total

1998   6 hours carried forward from 1997

01/24/98   SC Bar   Trial & Appellate Advocacy, 3.25

05/29/98   SC Bar   SC Woman Advocate: Making Practice, 6.50

01/23/98   SC Bar   Government/Construction Law, 3.00

28.75 Total

Ms. Matthews reported that she has taught the following law-related courses:

Lecture to Annual Meeting of the South Carolina Bar, Jun. 3, 1994;

Legislative Update for Natural Resource Section, 1994;

Res Judicata and Collateral Estoppel, 4-hour seminar presentation to the South Carolina Attorney General, Assistant Attorney General, and Solicitors, 1986;

Presentation to the South Carolina Circuit Court Judges on Appellate Practice, Fall 1982.

Ms. Matthews reported that she has written the following books and/or articles:

Editor, South Carolina Bar Natural Resources Newsletter, 1992-1994;

South Carolina Business Journal, "Busy Year for Environmental Issues," South Carolina Chamber of Commerce, Jul. 1994;

Legislative Year in Review, South Carolina Bar Annual Conference, Jun. 1994;

Legislative Review, South Carolina Bar Annual Conference, Jun. 1993;

"South Carolina State Government Restructured-The Private Sector Impact," Sept. 1993.

(4)   Character:

The Commission's investigation of Ms. Matthews did not reveal any evidence of grievances or criminal allegations made against her. The Commission's investigation of Ms. Matthews did not indicate any evidence of a troubled financial status. Ms. Matthews has handled her financial affairs responsibly.

The Commission also noted that Ms. Matthews was punctual and attentive in her dealings with the Commission, and the Commission's investigation did not reveal any problems with her diligence and industry.

(5)   Reputation:

Ms. Matthews reported that her Martindale-Hubbell rating was "AV."

(6)   Physical health:

Ms. Matthews appears to be physically capable of performing the duties of the office she seeks.

(7)   Mental stability:

Ms. Matthews appears to be mentally capable of performing the duties of the office she seeks.

(8)   Experience:

Ms. Matthews was admitted to the South Carolina Bar in 1978.

Since her graduation from law school, Ms. Matthews worked as a Staff Attorney for the South Carolina Supreme Court from 1978 to 1981. As a Staff Attorney, Ms. Matthews reviewed and researched civil and criminal appeals, recommended disposition by the Court, supervised junior Staff Attorneys, assisted at settlement conferences, and drafted Court Rules. From 1981 to 1982, Ms. Matthews was a Law Clerk for the South Carolina Supreme Court for Justice George T. Gregory, Jr. As Justice Gregory's law clerk, Ms. Matthews reviewed and researched civil and criminal appeals and motions, drafted opinions, rules and orders for Justice Gregory, and assisted at Hearings on Extraordinary Writs, such as Mandamus, Supersedeas, and Attorney Disciplinary Proceedings.

From 1982 to 1986, Ms. Matthews was an Assistant Attorney General for the State of South Carolina. As an Assistant Attorney General, Ms. Matthews researched and wrote more than 200 briefs and argued more than 80 appeals before the South Carolina Supreme Court of Appeals and U.S. Supreme Court. She also coordinated appeals with Solicitors, prosecuted Medical Board and other licensing board cases, and wrote opinions as directed by the Attorney General. She also represented state agencies pursuant to the Administrative Procedures Act, coordinated Continuing Legal Education Seminars, and Chaired the first Law Enforcement Leadership Conference. From 1986 to 1988, Ms. Matthews served as Counsel for the South Carolina House Judiciary Committee chaired by Representative David H. Wilkins. As counsel to the Judiciary Committee, Ms. Matthews managed the researching and drafting of legislation and amendments on all legislation referred to the Judiciary Committee. She also coordinated legislative efforts with the Governor's Office, Legislative staff, and state agencies as well as managing staff attorneys and law clerks.

From 1988 to 1996, Ms. Matthews was a partner at the law firm of Nelson Mullins Riley & Scarborough working in the Administrative Law and Governmental Relations division. From 1996 to December 1998, she was a partner at the law firm of Woodward, Cothran & Herndon. There she practiced Commercial Litigation, and performed Appellate and Administrative Law Practice before state agencies, including the Department of Health and Environmental Control, Insurance Commission, and Public Service Commission. Ms. Matthews reported that her clients included Sprint, NAII (National Association of Independent Insurers), and Grand Strand Water and Sewer Authority. Since December of 1998, Ms. Matthews has been an Attorney and Counselor at Law, practicing in the areas of Administrative Law and State and Federal Governmental Relations.

Ms. Matthews also reported her specific experiences before an Administrative Law Judge. Ms. Matthews reported that since 1982 when she became an Assistant Attorney General for the State of South Carolina, Administrative Law was a significant part of her practice. As an Assistant Attorney General, she was assigned to represent several State Licensing Boards including the State Medical Board and the State Board of Cosmetology. In that capacity, she prosecuted numerous licensing violations. These hearings were conducted pursuant to the Administrative Procedures Act and several were appealed to the circuit court and South Carolina Supreme Court. Ms. Matthews reported that since entering private practice in 1988, she continued to practice in the area of Administrative Law. Ms. Matthews reported that she has represented many clients at the Public Service Commission hearings in various regulatory matters involving electric utilities, telecommunications, and water and sewer utilities. Ms. Matthews reported that a number of these cases were appealed to the Circuit Court and Supreme Court.

Ms. Matthews further reported that she has represented numerous clients before the Department of Health and Environmental Control in environmental permitting and regulatory matters, all of which are conducted pursuant to the Administrative Procedures Act. Ms. Matthews reported that she has represented clients in regulatory matters before the Department of Insurance Water Resources Commissions. Ms. Matthews reported that her most recent appearance before the Administrative Law Judge Division was on January 19, 1999, when she represented the South Carolina Association of Marriage and Family Therapists in a proceeding to determine the need and reasonableness of a regulation promulgated by the Board.

Ms. Matthews reported the frequency of her court appearances during the last five years as follows:

(a)   Federal:   6-8 times per year

(b)   State:     6-8 times per year

Ms. Matthews reported the percentage of her practice involving civil, criminal, and domestic matters during the last five years as follows:

(a)   Civil:       85%

(b)   Criminal:     10%

(c)   Domestic:   5%

Ms. Matthews reported the percentage of her practice in trial court during the last five years as follows:

(a)   Jury:       5%

(b)   Non-jury:   95%

Ms. Matthews provided that she most often served as sole counsel in these matters.

The following is Ms. Matthews' account of her five most significant litigated matters:

"(a)   State v. Donald Henry "Pee Wee" Gaskins, 284 SC 105, 326 S.E.2d 132 (SC 985), Sole Counsel Representing State of South Carolina in Death Penalty Appeal to SC Supreme Court. The case involved a 10,000-page transcript, more than 200 pages of briefs, and issues of first impression under South Carolina's Death Penalty statue. In Favorem Vitae review required that counsel be prepared at oral argument not only on the briefed issues, but also any other issues which might be raised by the Supreme Court Affirmed, with certiorari denied by the US Supreme Court;

(b)   State v. Kiser, 288 SC 441, 343 S.E.2d 292 (1986): Sole Counsel representing State of South Carolina in case of first impression-the constitutionality of South Carolina's newly-enact Drug Trafficking Statute, which imposed the strictest penalties in the United States. Affirmed per curiam after oral argument;

(c)   State v. Brantley, 279 SC 215, S.E.2d (1983): Sole Counsel for the State of South Carolina in briefing and arguing the Constitutional issue of the scope of Circuit Judge's Contempt power. Affirmed;

(d)   Alexander S. et al. v. Flora Brooks Boyd, et al., U.S.D.C., District of SC, Civil Action No. 3:90-3062-17: [1990-present] Eight-year long Complex Federal Litigation involving numerous alleged violations of Constitutional Rights of Juveniles incarcerated at DJJ; landmark national case regarding Prison Overcrowding: Numerous Federal Mediations, Orders, Opinions, and Appeals;

(e)   In Re: Stucco Litigation, U.S. District Court; Eastern District of North Carolina, Southern Division: Civil Action No. 5:96-CV-287-BR(2): Numerous individual cases and Preliminary Orders and opinions: Plaintiffs have moved to Certify and Class."

The following is Ms. Matthews' account of the civil appeals she has personally handled:

"(a)   Watford v. Byers, SC Court of Appeals, 1/7/99, No. 99-UP-003;

(b)   Alexander S. v. Boyd, et al., 113 F.3d 1373, (4th Circuit 1997), cert denied, 118 S. CT. 880, 139 L. Ed. 2d 869 (1998): Sole Counsel on Brief and Oral Argument on case first impression: Retroactive application of Prison Litigation Reform Act's limitations on Attorney's Fee Awards in Juvenile Prison Litigation under Section 1983."

(9)   Judicial temperament:

The Commission believes that Ms. Matthews' temperament would be excellent.
(10) Miscellaneous: (11)

The Midlands Citizens Advisory Committee reported that Ms. Matthews is a qualified and highly regarded judicial candidate. The committee positively approves of her candidacy for an administrative law judgeship.

Ms. Matthews has one child: Martha Austin Adams (full-time student at the University of the South, age 20).

Ms. Matthews that she was a member of the following bar associations and professional associations:

Admitted to Practice SC District Court, Fourth Circuit Court of Appeals, and US Supreme Court;

SC Bar House of Delegates (1998-present);

SC Bar Legislative Counsel Committee (1991-1996);

SC Bar Committee on Continuing Legal Education

American Bar Association;

Chair, Richland County Bar Legal Services Committee (1996-present);

Chair, Richland County Bar Programs Committee (1991-92);

Mentor, South Carolina Young Lawyers Division (1996-present);

Board of Directors, South Carolina Women Lawyers Association (1995-present);

Governing Board, Trenholm Road United Methodist Church;

City of Columbia Chamber of Commerce Issues Committee.

Ms. Matthews provided that she was a member of the following civic, charitable, education, social, or fraternal organizations:

Board of Directors, South Carolina Chapter, and Leukemia Society of America (1990-present);

Member, Hammond School Board of Trustees (1990-1996);

1993 Graduate, Leadership South Carolina;

Board of Directors, Parents Anonymous of South Carolina;

Governing Board, Trenholm Road United Methodist Church;

City of Columbia Chamber of Commerce Issues Committee;

Volunteer, Hope for Kids: Vice-Chair, 1999 Annual Fund-raiser;

Furman University National Development Council.

Commission's Findings:   QUALIFIED

(1)   Constitutional qualifications:

Based on the Commission's investigation, Ms. McClain meets the qualifications prescribed by law for judicial service as an Administrative Law judge.

Ms. McClain was born on July 1, 1952. She is 46 years old and a resident of Blythewood, South Carolina. Ms. McClain provided in her application that she has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1977.

(2)   Ethical fitness:

The Commission's investigation did not reveal any evidence of unethical conduct by Ms. McClain.

Ms. McClain demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.

Ms. McClain reported that she has not made any campaign expenditures.

Ms. McClain testified 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;

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

Ms. McClain testified that she is aware of the Commission's 48-hour rule regarding the formal and informal release of the screening report.

(3)   Professional and academic ability:

The Commission found Ms. McClain to be intelligent and knowledgeable. Her performance on the Commission's practice and procedure questions met expectations.

Ms. McClain described her continuing legal education during the past five years as follows:

1995-None listed;

1996   23 legal ed. hours; SC Local Government Attorneys' Institute (2 hours)

SC Civil Procedure- Rules to Practice By (7 hours);

State & Federal Employment Law (6 hours);

An Overview of SC Procurement Law (2 hours);

Drafting Wills and Trust Agreements for Small Estates (6 hours);

1997-21.5 legal ed. hours and 6 ethics hours;

SC Local Government Attorneys' Institute (8 hours);

Professionalism in Practice (ethics course) (6 hours);

Legal Ease: Mastering the Art of Legal Writing (6 hours);

State & Federal Practice (7.5 hours);

1998-21 legal ed. hours;

Attorney Certification Course in Regulatory Law (17 hours);

Confidentiality, Privilege, and the Attorney as Witness (4 hours);

1999-present-None listed.

Ms. McClain reported that she has taught the following law-related courses:

South Carolina Bar Annual Meeting-Presenter at Continuing Legal Education Program on Child Support Enforcement;

Board Member Training in Administrative Law for numerous Professional and Occupational Licensing Agencies (substantial related course materials prepared, not published);

Speaker at Annual Probate Judges Conference for several years.

Ms. McClain reported that she has not published any books and/or articles.

(4)   Character:

The Commission's investigation of Ms. McClain did not reveal any evidence of grievances or criminal allegations made against her. The Commission's investigation of Ms. McClain did not indicate any evidence of a troubled financial status. Ms. McClain has handled her financial affairs responsibly.

The Commission also noted that Ms. McClain was punctual and attentive in her dealings with the Commission, and the Commission's investigation did not reveal any problems with her diligence and industry.

(5)   Reputation:

Ms. McClain is not listed in Martindale-Hubbell, and reported that she has worked in state government and has not requested to be listed.

(6)   Physical health:

Ms. McClain appears to be physically capable of performing the duties of the office she seeks.

(7)   Mental stability:

Ms. McClain appears to be mentally capable of performing the duties of the office she seeks.

(8)   Experience:

Ms. McClain was admitted to the South Carolina Bar on her second attempt in February 1977.

Since her graduation from law school, Ms. McClain worked as Senior Assistant Attorney General in the South Carolina Attorney General's Office from 1977-1995. While in that position, she worked in the Child Support Division from 1977 to 1983, prosecuting paternity, child support, and Uniform Reciprocal Enforcement of Support Act cases in Family Court. From 1983 to 1995, she was assigned to the Civil Division of the Attorney General's office. In that position, she was legal counsel to a variety of state agencies, a majority of which were professional and occupational licensing boards, human service agencies, and colleges and educational institutions. She was advice counsel to the State Employee Grievance Committee and did limited work in criminal appeals and post-conviction relief cases. She also drafted and reviewed contracts, handled attorney grievances, professional disciplinary administrative hearings, appeals and injunctive relief for unlicensed or unauthorized practice. Additionally, she provided board member training with an emphasis on the Freedom of Information Act, rulemaking and the disciplinary process. Ms. McClain reported that she reviewed and advised agencies regarding proposed legislation and litigated in administrative hearings, state family court, circuit court, Supreme Court, and Federal District Court.

Ms. McClain also reported that she is currently a Hearing Attorney for the South Carolina Department of Labor, Licensing and Regulation. In this capacity, she provides legal advice to thirty-eight Professional and Occupational Licensing Boards and Commissions during disciplinary hearings. She also analyzes evidence presented at hearings, advises boards on law, makes evidentiary rulings and objections, performs legal research, and prepares decisions and orders of the board. She occasionally serves as hearing officer when designated by the board to do so.

Ms. McClain reported that she has not appeared before the Administrative Law Judge Division, but reported that she handled prosecutions of professional and occupational disciplinary matters on a regular basis, prior to the establishment of the ALJ Division when appeals from these cases went to the Circuit Court. She reported that she handled appeals of these administrative law matters to the Circuit Court on a routine basis. She also provided legal advice to boards, commissions, and state agencies regarding promulgation of regulations. Ms. McClain reported that in her present position, she serves as a hearing attorney in professional and occupational disciplinary matters, advises boards and commissions on legal issues, evidentiary rulings, and drafts orders reflecting boards' decisions. She reported that these are the orders that would be appealed to the ALJ Division. Therefore, based upon her job for the past three years, Ms. McClain would not make any appearance before an ALJ, even though she has worked in the area of administrative law almost exclusively and handles these issues daily.

Ms. McClain reported the frequency of her court appearances during the last five years as follows:

(a)   Federal:     None in the last five years

(b)   State:       No court appearances in the past three years as I have been serving as an administrative hearing attorney for boards and commissions

(c)   Other:       She participates in administrative hearings on a regular basis, 2-3 days a week. Four years ago, she handled PCR cases and appeared in circuit court frequently, a week term of court approximately every month. Five years ago, her appearance in court was dictated by assigned agencies and cases, estimated at approximately once a month.

Ms. McClain reported the percentage of her practice involving civil, criminal, and domestic matters during the last five years as follows:

(a)   Civil:     98%

(b)   Criminal:   2%-

While in the Attorney General's Office, the civil division attorneys occasionally had to handle criminal appeals to assist with backlogs. She also did some PCR cases for approximately 8 months (although civil cases, the substantive and procedural issues were criminal). The past three years she has worked exclusively in the area of administrative law.

(c)   Domestic:   0%

Ms. McClain reported the percentage of her practice in trial court during the last five years as follows:

(a)   Jury:       None

(b)   Non-jury:   All

Ms. McClain provided that she most often served as sole counsel in these matters, with overall supervision by the attorney general and division director.

The following is Ms. McClain's account of her five most significant litigated matters:

"(a)   United States of America v. State of South Carolina and Department of Mental Health. Civil Rights Division of the Department of Justice sued several states relating to civil rights violations at state departments of mental health and mental retardation. This case is cited because South Carolina was successful in resolving this matter through a consent decree from federal district court, through the initiative and cooperation between the governor's office, attorney general's office and general counsel of the DMH, while several other states went through costly and time consuming litigation. While the division director, Deputy Attorney General Frank Sloan made the oral arguments for SC, I participated significantly in the research and drafting of pleadings and briefs in this case;

(b)   South Carolina Dept. of Social Services v. Thomas, 262 S.E.2d 415, 274 S.C. 228 (SC 1980). Family Court dismissed this paternity action and the Supreme Court reversed and remanded holding that the family court erroneously applied presumption of legitimacy and allowed inadmissible evidence regarding mother's sexual history. This case was personally significant to the parties involved as the blood tests reflected paternity and paternity was eventually established on remand. This domestic relations case is significant and cited for its discussion of the presumption of legitimacy and its holding that evidence of a mother's history of sexual activity, not related to the period of conception of the child in issue, and not introduced for impeachment purposes, is inadmissible;

(c)   Gardner v. Baby Edward, 342 S.E.2d 601, 288 S.C. 332 (SC. 1986). The Children's Bureau had the statutory authority to consent in loco parentis to the adoption of a child when the biological parents had relinquished the child to the Bureau for adoption. Family Court judge wanted to personally examine biological parents as to voluntariness of consent and compelled disclosure of identity of natural parents. The Children's Bureau was a state agency that did numerous adoptions and such a disclosure of the identity of natural parents would have had a chilling effect on persons wanting confidentiality in placing their children with the Bureau for adoption. The Supreme Court held that the trial judge had no authority to question voluntariness of parental consent, absent petition by one of the natural parents to withdraw consent and absent compelling reasons;

(d)   Huber v. South Carolina Bd. of Physical Therapy Examiners, 446 S.E.2d 433, 316 S.C. 24 (SC 1994). Physical Therapist appealed board decision that he had engaged in unprofessional conduct to Circuit Court who entered judgment for the licensee. The board appealed to the Supreme Court; I handled the case for the Board. This case involved numerous pre-hearing and post-hearing motions, remand hearing and is cited because of the procedural and constitutional issues involved. The Supreme Court affirmed in part but reversed the circuit court's dismissal and remanded to the board to reconsider the sanction;

(e)   State v. Harris, 358 S.E.2d 713, 293 S.C. 75 (SC 1987). This defendant was convicted of assault with intent to commit criminal sexual conduct with a minor, second degree and appealed claiming his credibility was improperly impeached with a prior conviction for the crime of peeping tom. A prior conviction used to impeach a witness's credibility must involve a crime of moral turpitude. Crimes of moral turpitude have been defined by case law. This case is cited as establishing peeping tom as a crime of moral turpitude and is listed as representative of the criminal appeals I handled."

The following is Ms. McClain's account of the civil appeals she has personally handled:

"(a)   Huber v. South Carolina State Bd. of Physical Therapy Examiners, 446 S.E.2d 433, 316 S.C. 24 (1994);

(b)   Gardner v. Baby Edward, 342 S.E.2d 601, 288 S.C. 332 (1986);

(c)   McCray v. State, 455 S.E.2d 686, 317 S.C. 557 (1995);

(d)   South Carolina Dept. of Social Services v. Thomas, 262 S.E.2d 415, 274 S.C. 228 (1980);

(e)   Bell, Matter of, 345 S.E.2d 475, 289 S.C. 290 (1986)."

Ms. McClain reported that she was a candidate for the Fifth Judicial Circuit Family Court Bench in 1983.

(9)   Judicial temperament:

The Commission believes that Ms. McClain's temperament would be excellent.
(10)   Miscellaneous:

The Midlands Citizens Advisory Committee found Ms. Ruby Brice McClain to be a qualified and highly regarded judicial candidate.

Ms. McClain is married to Boston McClain, Jr. She has three children: Joanna McClain (age 13); Boston McClain III (age 12); and Jared Joshua McClain (age 10).

Ms. McClain reported that she was a member of the following bar associations and professional associations:

South Carolina Bar-Served on Continuing Legal Education, Civil Rules and Procedure committees; presently a member of the Administrative Law committee;

President, Columbia Lawyers Association (1981).

Ms. McClain provided that she was a member of the following civic, charitable, education, social, or fraternal organizations:

Richland School District Two Gifted and Talented Educational Foundation Board;

Chairman, Bethel-Hanberry School Improvement Council;

Executive Committee, Bethel-Hanberry PTO;

Served on numerous committees at Bethel-Hanberry Elementary, Blythewood Middle, and Richland School District Two relating to education.

Ms. McClain provided, "I have done pro bono work and when employed by the Attorney General's office was on the pro bono list for Richland County."

Commission's Findings:   QUALIFIED BUT NOT NOMINATED

(1)   Constitutional qualifications:

Based on the Commission's investigation, Mr. McIntosh meets the qualifications prescribed by law for judicial service as an Administrative Law judge.

Mr. McIntosh was born on June 29, 1959. He is 39 years old and a resident of Columbia, South Carolina. Mr. McIntosh provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since November 1986.
(2)   Ethical fitness:

The Commission's investigation did not reveal any evidence of unethical conduct by Mr. McIntosh.

Mr. McIntosh demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.

Mr. McIntosh reported that he has spent $145.93 for correspondence preparation and $82.77 for application preparation.

Mr. McIntosh testified 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;

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

Mr. McIntosh testified that he is aware of the Commission's 48-hour rule regarding the formal and informal release of the screening report.

(3)   Professional and academic ability:

The Commission found Mr. McIntosh to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.

Mr. McIntosh described his continuing legal education during the past five years as follows:

1/26/96   S.C. Bar "State and Local Tax" Seminar (3.75 hours);

2/17/96   S.C. Black Lawyers Association "Church-related Legal and Financial" Seminar (3.33 hours);

11/1/96   S.C. Dept. of Revenue "Overview of Rules of Conduct for Attorneys" (2.0 hours);

12/6/96   S.C. Bar "Family Court Bench and Bar Update" (6.0 hours);

12/13/96   S.C. Association of Counties "S.C. Local Government Attorneys Institute" (6.0 hours);

1/2/97   S.C. House of Representatives "Governmental Ethics" (2.0 hours);

5/29/97   S.C. House of Representatives "Summary and 1997 Revisions-Governmental Ethics" Seminar (2.0 hours);

6/20/97   S.C. Bar "Corporation, Banking and Securities" Seminar (3.0 hours);

6/21/97   S.C. Bar "Probate, Estate Planning and Trusts" Seminar (3.0 hours);

6/28/97   S.C. Black Lawyers Association "Race, Crime and the Law" Seminar (2.0 hours);

12/12/97   S.C. Association of Counties "Local Government Attorneys Institute" (6.0 hours).

Mr. McIntosh reported that he has taught the following law-related courses:

8/98-12/98   Adjunct Professor

Benedict College, Department of Criminal Justice

Taught the course titled "Special Problems in the Criminal Justice System";

2/94   S.C. Bar Association CLE

"Federal Regulation of the Cable Television Industry."

Mr. McIntosh reported that he has not published any books or articles.

(4)   Character:

The Commission's investigation of Mr. McIntosh did not reveal any evidence of grievances or criminal allegations made against him. The Commission's investigation of Mr. McIntosh did not indicate any evidence of a troubled financial status. Mr. McIntosh has handled his financial affairs responsibly.

The Commission also noted that Mr. McIntosh was punctual and attentive in his dealings with the Commission, and the Commission's investigation did not reveal any problems with his diligence and industry.

(5)   Reputation:

Mr. McIntosh reported that his Martindale-Hubbell rating was unknown.

(6)   Physical health:

Mr. McIntosh appears to be physically capable of performing the duties of the office he seeks.

(7)   Mental stability:

Mr. McIntosh appears to be mentally capable of performing the duties of the office he seeks.

(8)   Experience:

Mr. McIntosh was admitted to the South Carolina Bar in 1986.

After his graduation from law school in 1986, Mr. McIntosh worked as a Legislative Aide and Special Projects Director for the Honorable Butler C. Derrick, II, a member of the U.S. House of Representatives, in Washington, D.C. His responsibilities included coordinating research, preparing correspondences, and advising the Congressman on potential orders promulgated and rules adopted by various federal and state agencies. Mr. McIntosh further advised the Congressman on legislation pending before the U.S. House Judiciary and Transportation committees. From October 1987 to March 1988, Mr. McIntosh worked an Assistant Solicitor for the S.C. Second Judicial Circuit. His responsibilities included prosecuting criminal cases in General Sessions and Family Court. From 1988 to 1994, Mr. McIntosh worked as a Staff Attorney for the S.C. Department of Consumer Affairs. His responsibilities included litigating natural gas, telecommunication, electric power, water, sewerage, and transportation retail rate cases before the S.C. Public Service Commission and the S.C. Appellate courts. Mr. McIntosh also litigated electric power wholesale rate cases before the Federal Energy Regulatory Commission and represented the Department in proceedings before the U.S. Congress and the S.C. Insurance Commission. He was also involved in formulating and enforcing the S.C. Continuing Care Retirement Community Act, was an Administrative Hearing Officer, and served on the National Association of State Utility Consumer Advocates natural gas and water committees. Since 1994, Mr. McIntosh has worked as a Staff Attorney for the S.C. Legislative Council, and he continues to work in that position. His responsibilities include drafting legislation for and advising the members of the S.C. General Assembly in the primary areas of transportation, criminal law, criminal procedure, pardons, probation and parole, law enforcement, and public safety.

Mr. McIntosh reported that he has never appeared before the Administrative Law Judge Division because, during this court's existence, his practice has consisted of primarily working as a draft attorney for the S.C. Legislative Council. However, while employed as an attorney for the S.C. Department of Consumer Affairs, he practiced on several occasions before a Federal Energy Regulatory Commission Administrative Law Judge in a contested proceeding to determine whether a wholesale power sales contract between the Carolina Power and Light Company and the American Electric Power Corporation was in the public's best interest.

Mr. McIntosh reported the frequency of his court appearances during the last five years as follows:

(a)   Federal:     0

(b)   State:     100%

Mr. McIntosh reported the percentage of his practice involving civil, criminal, and domestic matters during the last five years as follows:

(a)   Civil:       98%

(b)   Criminal:     2%

(c)   Domestic:   0%

Mr. McIntosh reported the percentage of his practice in trial court during the last five years as follows:

(a)   Jury:       0%

(b)   Non-Jury:   100%

Mr. McIntosh provided that he most often served as sole counsel.

The following is Mr. McIntosh's account of his five most significant litigated matters:

"(a)   Wild Dunes Utilities, Inc.-Application for approval of an increase in its water and sewer rates. S.C. Public Service Commission Docket Number 91-641-W/S (SCPSC Order No. 90-650). This case represents a typical example of the rate-making principles to a private water and sewer utility company in South Carolina. The process involves the application of accounting and pro forma adjustments to test year financial and operating figures which have been normalized, as appropriate. An appropriate rate base is calculated based on the net value of the utility's tangible and intangible property and capital devoted to the provision of water and sewer service. I represented the Department of Consumer Affairs which was granted status as an intervening party;

(b)   Tega Cay Water-Application for an increase in its sewer service and the implementation of a water distribution charge. S.C. Public Service Commission Docket Number 92-638-W/S (SCPSC Order Number 93-602); This was a rate-making case that was similar to the Wild Dunes Utilities, Inc. case. However, it ultimately resulted in the transfer of the utility company's assets to the City of Tega Cay and gave the ratepayers greater control over the future of their utility service;

(c)   Keowee Key Utilities, Inc. Application for approval of transfer of water/sewer facilities, territory and certificate of Keowee Key subdivision from Realtec, Inc., and a rate increase. S.C. Public Service Commission Docket Numbers 92-243-W/S and 92-573-W/S (Order Numbers 92-698 and 93-251). This case also was similar to the two previous cases. However, as an attorney for the Department of Consumer Affairs, which intervened as a party in this case, I was successful in persuading the Public Service Commission to deny the utility company's proposed rate increase, which resulted in a significant monetary savings to its customers;

(d)   Piedmont Natural Gas Company-Application for an increase in its rates and charges for natural gas service in South Carolina. S.C. Public Service Commission Docket Number 91-141-G (order Number 91-1003). This is a typical example of the application of rate-making principles to a natural gas utility company in South Carolina. Determination is made of a fair and reasonable overall rate of return on rate base and the required additional revenue to enable the utility to achieve this overall rate of return.

As an attorney for the S.C. Department of Consumer Affairs, I argued that the rates as filed were unjust and unreasonable. In response, the Public Service Commission declined to approve the proposed schedule of rates filed by the utility, but granted a significantly lower rate increase, which resulted in substantial savings to the utility's customers;

(e)   Application of South Carolina Electric and Gas Company for Adjustments in the Company's Coach Fares and Charges, Routes, and Route Schedules. S.C. Public Service Commission Docket Number 92-023-R (SCPSC Order Number 92-781). South Carolina Electric and Gas Company sought to increase its fares for bus service in the cities of Charleston and Columbia, as well as reduce service in both cities. As the attorney representing the S.C. Department of Consumer Affairs, which was granted status as an intervening party in this proceeding, I argued that the rates should not be increased. Although the S.C. Public Service Commission granted the rate increase requested by the company, it implemented a lower rate for low-income riders that was acceptable to the Department of Consumer Affairs."

The following is Mr. McIntosh's account of the civil appeals he has personally handled:

"(a)   Hamm v. AT&T, 394 S.E.2d, 842 (S.C. 1990) Heard 4-16-90, Decided 8/6/90;

(b)   SCE&G v. Berkeley Electric Cooperative, Inc., 411, S.E.2d 218 (S.C. 1991). Heard 10/9/91, Decided 11/12/91;

(c)   Hamm v. S.C. Public Service Commission and Wild Dunes Utilities, Inc., 422 S.E.2d, 118 (S.C. 1992). Heard 5/4/92, Decided 8/31/92."
(9)   Judicial temperament:

The Commission believes that Mr. McIntosh's temperament would be excellent.

(10)   Miscellaneous:

The Midlands Citizens Advisory Committee found Mr. Carl F. McIntosh to be qualified and a highly regarded judicial candidate.

Mr. McIntosh is married to Sonja Wannamaker McIntosh.

Mr. McIntosh reported that he is a member of the South Carolina Bar Association.

Mr. McIntosh reported that he was a member of the following civic, charitable, educational, social, or fraternal organizations:

Columbia Lawyers Association;

St. Paul Baptist Church, Winnsboro, S.C. (Deacon).

Commission's Findings:   QUALIFIED

(1)   Constitutional qualifications:

Based on the Commission's investigation, Mr. Scott meets the qualifications prescribed by law for judicial service as an Administrative Law judge.

Mr. Scott was born on August 21, 1949. He is 49 years old and a resident of Columbia, South Carolina. Mr. Scott provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1974.

(2)   Ethical fitness:

The Commission's investigation did not reveal any evidence of unethical conduct by Mr. Scott.

Mr. Scott demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.

Mr. Scott reported that to date he has spent approximately $103 in campaign expenditures.

Mr. Scott testified 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;

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

Mr. Scott testified that he is aware of the Commission's 48-hour rule regarding the formal and informal release of the screening report.

(3)   Professional and academic ability:

The Commission found Mr. Scott to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.

Mr. Scott described his continuing legal or judicial education as follows:

CLE, USC, Juvenile Crime: A Special Family Court Bench Bar Seminar, Aug. 19, 1994;

CLE, Secrets of Successful Litigation, USC, Columbia, Oct. 21, 1994;

CLE, Administrative Law & Practice in SC, USC, Jul. 14, 1995;

CLE, The Secrets of Successful Civil Litigation, USC, Oct. 27, 1995;

American Bar Assn. Annual Law Conference, Salt Lake City, UT, Feb. 14, 1996;

CLE, SC Civil Procedure Rules to Practice by, USC, Sept. 28, 1996;

CLE, Dept. of Revenue, Rules of Conduct and Ethical Considerations for Public Officials and their Employees, Edisto Island, Nov. 21, 1997;

CLE, Legal Ethics & Professional Responsibility, USC, Dec. 2, 1997;

CLE, The Masters in Trial, USC, Dec. 12, 1997;

CLE, SC Circuit Court Arbitrator Certification Training, USC, Jun. 26, 1998;

CLE, Professionalism in Practice, USC, Nov. 20, 1998.

Mr. Scott reported that he has taught or lectured at the following bar association conferences, educational institutions, or continuing legal or judicial education programs:

Business Law, Columbia Junior College f/k/a Columbia Commercial College (1975-1997);

S.C. Bar Panel, Electric Deregulation (Jun. 21, 1997);

American Bar Association Annual Law Conference, Electric Deregulation (Feb. 14, 1996).

Mr. Scott reported that he has not published any books and/or articles.

(4)   Character:

The Commission's investigation of Mr. Scott did not reveal any evidence of grievances or criminal allegations made against him. The Commission's investigation of Mr. Scott did not indicate any evidence of a troubled financial status. Mr. Scott has handled his financial affairs responsibly.

The Commission also noted that Mr. Scott was punctual and attentive in his dealings with the Commission, and the Commission's investigation did not reveal any problems with his diligence and industry.

(5)   Reputation:

Mr. Scott reported that he served in the United States Army Reserve from May 1971 to May 1979. He was a Captain and he received an Honorable Discharge.

Mr. Scott reported that he is listed in Martindale-Hubbell, but he does not have a rating. He was informed by Martindale-Hubbell that his title indicates that he is not in private practice; therefore, no rating review would have been conducted.

Mr. Scott reported that he has served as a Commissioner on the Public Service Commission since July 1994. He was elected to this position by the General Assembly.

(6)   Physical health:

Mr. Scott appears to be physically capable of performing the duties of the office he seeks.

(7)   Mental stability:

Mr. Scott appears to be mentally capable of performing the duties of the office he seeks.

(8)   Experience:

Mr. Scott was admitted to the South Carolina Bar in 1974.

Since his graduation from law school, Mr. Scott worked at Leventis and Scott from 1974 to 1981 and had a real estate practice. From 1981 to 1985, he served as a staff attorney for the Public Service Commission practicing Administrative Law (Utilities and Transportation). He did administrative law work at Willoughby and Scott from 1985 to 1986. From 1986 to 1987, he served as Executive Assistant to the Commissioners of the Public Service Commission. In this capacity, he served as attorney to the PSC Commissioners, practicing utilities and transportation law. From 1987 to 1988, he served as Executive Assistant to the Commissioners and General Counsel for the Commission. From 1988 to 1994, Mr. Scott was the Deputy Executive Director and Executive Assistant to the Commissioners. Since 1994, he has served as a Commissioner on the Public Service Commission.

Mr. Scott reported that he has not appeared before the Administrative Law Judge Division, but he has been a Commissioner of the Public Service Commission since the judges took office in the Administrative Law Judge Division.

Mr. Scott reported the frequency of his court appearances during the last five years as follows:

(a)   Federal:     None

(b)   State:       None

During the last five years, Mr. Scott has been employed full-time with the Public Service Commission and since July 1, 1994, he has been a Commissioner.

Mr. Scott reported the percentage of his practice involving civil, criminal, and domestic matters during the last five years as follows:

(a)   Civil:       None

(b)   Criminal:     None

(c)   Domestic:   None

During the last five years, Mr. Scott has been employed full-time with the Public Service Commission and since July 1, 1994, he has been a Commissioner.

Mr. Scott reported the percentage of his practice in trial court during the last five years as follows:

(a)   Jury:       None

(b)   Non-Jury:   None

During the last five years, Mr. Scott has been employed full-time with the Public Service Commission and since July 1, 1994, he has been a Commissioner.

The following is Mr. Scott's account of his five most significant litigated matters:

"(a)   Application of Duke Power Company for authority to adjust its rates and charges to premises previously provided service by the Greenwood County Electric Power Commission. Involved complex statutory, contract and constitutional issues. I represented the Public Service Commission in litigating this matter before the Honorable George F. Coleman, Judge, Richland County Court of Common Pleas;

(b)   Telecommunications Systems, Inc. v. Rock Hill Telephone Co. and Fort Mill Telephone Company and Telecommunications Systems, Inc. vs. Farmers Telephone Company. These two matters were paper proceedings before the Federal Communications Commission. These cases opened the Extended Area Service Network to competitive long distance carriers using Feature Group A access;

(c)   Application of Piedmont Municipal Power Association. In 1982 and 1983, the Commission heard the application of Piedmont Municipal Power Agency ("PMPA") to purchase and acquire an ownership interest in Duke Power Company's Catawba Nuclear Station in order to permit PMPA to provide a source of electric generation to serve its ten member municipal electric systems in South Carolina. PMPA is a "joint agency" organized and operating under the Joint Municipal Electric Power and Energy Act, S.C. Code Ann Sections 66-23-10, et.seq. (Supp. 1998), which requires the Commission to approve a joint agency's acquisition of a project. A Citizens group vigorously opposed PMPA's application and the Commission held two separate proceedings with an intermediate appeal to the Circuit Court. The litigation before the Commission included extensive expert and technical testimony concerning nuclear generation, the forecasted need for power and energy to serve the customers of the municipalities (whose population exceeds 127,000), the cost of the transaction (for which PMPA has issued bonds in excess of $2.0 Billion), and the impact of the transaction on Duke Power Company and its customers in North and South Carolina. I participated as counsel for the Commission and Staff during the prehearing discovery and preparation stages of the case and for the actual litigation. After the evidentiary hearing and the receipt of legal briefs, the Commission approved PMPA's acquisition of the ownership interest;

(d)   Application of Telecommunications Systems, Inc. for a certificate of Public Convenience and necessity to operate as a competitive, intrastate long distance provider, in South Carolina. I represented the Public Service Commission in this matter through the litigation before the Commission as well as drafting the final order which resulted in the authority sought being granted which was the first in the United States for intrastate authority and was prior to divestiture of the Bell Operating Companies from AT&T;

(e)   Application of South Carolina Electric and Gas Company for adjustments in the Company's electric rates. I represented the Commission and Commission Staff in this matter, which involved a request for an annual revenue increase of $86 million. This matter was appealed to the Circuit Court before Judge Weatherford. I represented the Public Service Commission before Judge Weatherford."

The following is Mr. Scott's account of five civil appeals he has personally handled:

"(a)   Duke Power Co. v. South Carolina Public Service Com'n, 284 S.C. 81, 326 S.E.2d 395 (S.C., Jan. 15, 1985);

(b)   Palmetto Alliance, Inc. v. South Carolina Public Service Com'n, 282 S.C. 430, 319 S.E.2d 695 (S.C. Aug. 13, 1984);

(c)   Parker v. South Carolina Public Service Com'n, 281 S.C. 215, 314 S.E.2d 597 (S.C., March 28, 1984);

(d)   Parker v. South Carolina Public Service Com'n, 281 S.C. 22, 314 S.E.2d 148, (S.C., Feb. 22, 1984);

(e)   Parker v. South Carolina Public Service Com'n, 280 S.C. 310, 313 S.E.2d 290 (S.C., Feb. 22, 1984)."

(9)   Judicial temperament:

The Commission believes that Mr. Scott's temperament would be excellent.

(10) Miscellaneous: (11)

The Midlands Citizens Advisory Committee found Mr. C. Dukes Scott to be qualified and a highly regarded judicial candidate. The committee positively approved of his candidacy for an Administrative Law judgeship.

Mr. Scott is married to Judith S. Scott. He does not have any children.

Mr. Scott reported that he was a member of the following bar associations and professional associations:

South Carolina Bar Association;

Southeastern Association of Regulatory Utility Commissioners;

National Association of Regulatory Utility Commissioners.

Mr. Scott provided that he was a member of the following civic, charitable, education, social, or fraternal organizations:
Brookland-Cayce High School Foundation (Director);
Forest Lake Presbyterian Church (Elder, 1998-present).

Mr. Scott provided, "since 1981 my legal career has been virtually exclusively dedicated to the practice of administrative law. For 4 years as I served in the legal Department of the Public Service Commission, I represented the Commission and Commission Staff in many complex administrative issues under the Administrative Procedures Act. From January of 1985 to July 1986, I was in private practice of law where I spent the vast majority of my time litigating issues before the Public Service Commission of South Carolina, the North Carolina Utilities Commission and the Federal Communications Commission. From 1986 to 1994, I served in various roles at the Commission including General Counsel and Deputy Executive Director, but always maintained my duties as Executive Assistant to the Commissioners. As Executive Assistant to the Commissioners I advised the presiding Commissioner on procedural matters raised during the course of a litigated proceeding. I also served as the Commissioners' chief attorney with responsibility on all matters affecting the commission.

Since July 1994, I have served as a Commissioner. In this role I have served as both a judge and juror. I have made the prevailing motions in some of the most complicated cases, which have come before the Commission since 1994. These matters have included rate reductions to BellSouth, a rate case for South Carolina Electric and Gas Company, arbitration proceedings between competitive local exchange carriers and BellSouth and General Telephone, as well as many other complex matters.

In summary, my experiences over the last 18 years involved every aspect of litigating, appealing, and deciding administrative law cases. I have represented clients as a private practitioner, represented the State as its in-house counsel and in my current role as a Commissioner, I hear cases, rule on evidentiary issues and procedural motions, make decisions on the issues in cases and ensure the rendering of findings of fact and conclusions of law.

I believe that my experience will serve me well as an Administrative Law Judge and will allow me to serve the state in a professional manner."

Commission's Findings:   QUALIFIED

(1)   Constitutional qualifications:

Based on the Commission's investigation, Justice Toal meets the qualifications prescribed by law for judicial service for the Chief Justice of the South Carolina Supreme Court.

Justice Toal was born on August 11, 1943. She is 55 years old and a resident of Columbia, South Carolina. Justice Toal provided in her application that she has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1968.

(2)   Ethical fitness:

The Commission's investigation did not reveal any evidence of unethical conduct by Justice Toal.

Justice Toal demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.

Justice Toal reported that she has not made any campaign expenditures.

Justice Toal testified 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;

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

Justice Toal testified that she is aware of the Commission's 48-hour rule regarding the formal and informal release of the screening report.

(3)   Professional and academic ability:

The Commission found Justice Toal to be intelligent and knowledgeable. Her performance on the Commission's practice and procedure questions met expectations.

Justice Toal described her past continuing legal or judicial education during the past five years as follows:
1994:

Election Law, Ethics and Governmental Accountability (6 hours);

Private Adoptions (6 hours);

Bench/Bar Symposium: Lawyers Caring (4 hours);

About Kids: Rules, Rules, Rules (6 hours);

SC Judicial Conference (8.5 hours);

Criminal Defense in South Carolina (6.75 hours);

Ethics for Family Law Practitioners (3 hours);
1995:

The Woman Advocate in South Carolina (Seminar Faculty Member) (6 hours);

South Carolina Appellate Practice (Seminar Faculty Member) (6.25 hours);

The Proposed New South Carolina Rules of Evidence (Seminar Faculty Member) (6.25 hours);

Federal Practice in the District Court of South Carolina: New Directions in Civil Practice, Procedure & Evidence (Seminar Faculty Member) (6 hours);

The New South Carolina Rules of Evidence (Seminar Faculty Member) (4 hours);

Judicial Conference (8 hours);

Inn of Court Program (1.5 hours);

South Carolina Tort Law Update: A Circuit Court Bench/Bar Seminar (6 hours);
1996:

The Eleventh Annual Criminal Law Update (Seminar Faculty Member) (6.25 hours);

The South Carolina Woman Advocate: From Ceiling to Sunroof (Seminar Faculty Member) (7.58 hours);

Seminar for New Appellate Court Judges (11.5 hours);

Trial and Appellate Advocacy (3 hours);

Torts and Insurance Practices/Natural Resources/Trial and Appellate Advocacy (3 hours);

Trial Practice Tune-Ups (3 hours);

Judicial Conference (8.25 hours);

1996 South Carolina Tort Law Update (Seminar Faculty Member) (6.5 hours);

1996 CPAs, Lawyers and Litigation Conference (Seminar Faculty Member) (6.5 hours);
1997:

Twelfth Annual Criminal Law Update (6.5 hours);

The South Carolina Woman Advocate: Making Practice Perfect (Seminar Faculty Member) (7.5 hours);

Practice and Procedure in South Carolina (Seminar Faculty Member) (6.5 hours);

South Carolina Civil Trial Techniques (Seminar Faculty Member) (6 hours);

Judicial Conference (8 hours);

1997 South Carolina Tort Law Update (Seminar Faculty Member) (6.5 hours);

Capital Litigation Seminar (9 hours);
1998:

Thirteenth Annual Criminal Law Update (6.5 hours);

1998 ABA Annual Meeting (Seminar Faculty Member and "Litigating the Titanic- Products Liability Trial") (13.5 hours);

1998 Annual Convention (14.5 hours);

Judicial Conference (8.25 hours);

Products Liability- The Complex Case (Seminar Faculty Member) (6 hours);

November Meeting- What Jurors Really Think (1 hour);
1999:

The Art of Advocacy (Seminar Faculty Member) (6 hours);

The Fourteenth Annual Criminal Law Update (7 hours).

Justice Toal reported that she has taught or lectured at the following bar association conferences, educational institutions, and/or continuing legal or judicial education programs:
SC Bar-CLE:

Election Law 1990 ("Post-Election Protest Procedure") (2/23/1990);

Bridge the Gap ("Effective Legal Writing") (3/5/1990);

Appellate Practice in South Carolina ("Overview of SC Appellate Court Rules") (5/11/1990);

Bridge the Gap ("Effective Legal Writing") (7/30/1990);

Criminal Practice in South Carolina ("The Fifth and Sixth Amendments") (10/19/1990);

Civil Trial Advocacy ("Panel-Proving Damages in the New Business Case") (10/26/1990);

Bridge the Gap ("Effective Legal Writing and Oral Advocacy") (3/4/1991);

The Future and the Courts (Organized Seminar; Secured all speakers; Served as Moderator and Introductory Address) (4/4/1991 through 4/5/1991);

Bridge the Gap ("Effective Legal Writing and Oral Advocacy") (8/5/1991);

Criminal Practice ("Fifth and Sixth Amendment Developments in 1991") (9/27/1991);

Judicial Conference of the U.S. Military Court of Appeals ("Appellate Review of the Death Penalty Case") (5/1/1992);

Criminal Practice ("The Fifth and Sixth Amendments-Current Developments") (9/18/1992);

Auto Insurance Update ("Stacking-Everything You Always Wanted to Know") (10/23/1992);

Legal Ethics and Real Life (Panelist-"Everyday Legal Issues") (11/6/1992);

Ethics in Family Court (Panelist-"Ethics and Clients- in the Office and Other Professionals") (12/15/1992);

Appellate Practice under S.C. Appellate Court Rules ("Record on Appeal- Bench Perspective") (1/15/1993);

S.C. Bar-Workers' Compensation Section Seminar ("Roles of Court and Commission") (1/30/1993);

Bridge the Gap ("Effective Legal Writing and Oral Advocacy") (3/1/1993);

Bridge the Gap ("Effective Legal Writing and Oral Advocacy") (5/17/1993);

Litigating Constitutional Claims ("Appellate Presentation of Constitutional Claims") (10/15/1993);

Serving the Best Interest of Children ("Program Overview") (11/4/1993);

Election Law Ethics and Governmental Accountability ("Post-Election Protest Procedure Including Hill and Fielding") (2/25/1994);

Bridge the Gap ("Effective Legal Writing and Oral Advocacy") (5/16/1994);

Bench/Bar Symposium: Lawyers Caring About Kids (Moderator-Panelist "Overview of Critical Areas") (6/4/1994);

Rules, Rules, Rules ("Appellate Procedure Review") (7/29/1994);

Criminal Defense in South Carolina ("(I Can't Get No) Satisfaction-Plea Agreements and Guilty Pleas") (9/23/1994);

Ethics for Family Law Practitioners ("Judicial Perspective on Attorney's Fees") (10/25/1994);

Bridge the Gap ("Effective Legal Writing and Oral Advocacy") (3/6/1995);

The Woman Advocate in South Carolina ("Professionalism and the Decline of Civility in the Practice of Law") (4/21/1995);

S.C. Appellate Practice ("Motions and Supersedeas Practice") (4/28/1995);

Bridge the Gap ("Effective Legal Writing and Oral Advocacy") (5/15/1995);

S.C. Conference of Circuit Court Judges ("The New S.C. Rules of Evidence-Comparison with Federal Rules and Outline of Major Changes") (5/18/1995);

The Proposed New S.C. Rules of Evidence ("Overview/Comparison with the Federal Rules of Evidence") (6/9/1995);

Federal Practice in the District of SC: New Directions in Civil Practice, Procedure & Evidence ("Sweet Potato Law- Ethics Beyond the Code" Panel Discussion) (7/28/1995);

The New SC Rules of Evidence ("Overview of the New SC Rules of Evidence") (8/24/1995);

Criminal Practice in South Carolina ("Fourth, Fifth and Sixth Amendment Issues;" "Professionalism Ethics and Criminal Practice in the Wake of People v. Simpson"-Panel Discussion) (11/3/1995);

The Eleventh Annual Criminal Law Update ("Contemporary Issues for the Criminal Law Practitioner"-Keynote Address) (1/26/1996);

1996 Winter Bridge the Gap ("Effective Legal Writing and Oral Advocacy") (3/4/1996);

The South Carolina Woman Advocate: From Ceiling to Sunroof ("So You Want to Be a Judge"-Panel Discussion) (4/26/1996);

1996 Summer Bridge the Gap ("Essential Tips for Practice in SC Courts-Appellate Courts") (5/14/1996);

Trial Practice Tune-Ups ("Witness-Lay/Expert") (7/17/1996);

1996 South Carolina Tort Law Update ("The South Carolina Unfair Trade Practices Act, in a Nutshell") (9/13/1996);

1996 CPAs, Lawyers and Litigation Conference ("Application of Minority and Marketability Discounts in Valuing Closely Held Businesses in Marital Litigation Cases"-Panel Discussion) (9/26/1996);

Criminal Practice in South Carolina-The Sixth Annual Update ("Stops, Searches, Seizures and the State and Federal Constitutions") (11/1/1996);

Auto Insurance Update ("Stacking Made Simple") (11/8/1996);

The Masters In Trial ("Presiding Judge") (11/22/1996);

Civility, Legal Ethics & Law Office Management ("Video Presentation: The New Discipline-A Brief Look into the Future") (12/27/1996);

1997 Winter Bridge the Gap ("Essential Tips for Practice in SC Courts-Appellate Courts"-Opening Remarks) (3/10 through 3/11/1997);

The South Carolina Woman Advocate: Making Practice Perfect ("Do the Right Thing: Civility in the Courtroom"-Panel Discussion) (4/18/1997);

Practice and Procedure in South Carolina ("Appellate Oral Argument and Brief Writing") (5/2/1997);

1997 Summer Bridge the Gap ("Essential Tips for Practice in SC Courts-Appellate Courts") (5/20/1997);

South Carolina Civil Trial Techniques ("Jury Selection") (6/6/1997);

1997 South Carolina Tort Law Update ("The South Carolina Unfair Trade Practice Act") (9/26/1997);

Criminal Practice in South Carolina ("Search and Seizure-A Review of 1997 Appellate Decisions Concerning Fourth Amendment Issues") (11/14/1997);

Ethics for Family Law Practitioners ("The Judicial Perspective"-Panel Discussion) (12/9/1997);

The Masters in Trial ("Presiding Judge") (12/12/1997);

1998 Winter Bridge the Gap ("Essential Tips for Practice in SC Courts- Appellate Courts") (3/10/1998);

1998 Summer Bridge the Gap ("Essential Tips for Practice in SC Courts-Appellate Courts") (5/19/1998);

The South Carolina Woman Advocate: Moving into the Millennium ("Women as Advocates: What Works and What Doesn't"-Panel Discussion; "Mediation: Its Time is Now-What You Need to Know"-Panel Discussion) (5/29/1998);

South Carolina Circuit Court Arbitrator Certification Training ("ADR in South Carolina: Past, Present and Future") (6/26/1998);

American Bar Association Annual Convention ("Tort Reform: The Role of Appellate Courts"-Presiding Judge for the Oral Argument and Participant in Panel Discussion) (8/1/1998);

Products Liability-The Complex Case ("Complex Case Management Developments and Ideas"-Panel Discussion) (10/23/1998);

Masters in Trial ("Presiding Judge") (11/13/1998);

Eighth Annual Presentation of Criminal Practice in South Carolina ("Update on the Fifth and Sixth Amendments: A Review of the 1998 SC Appellate Courts' Decisions Dealing With Confessions and Statements") (12/4/1998);

The Art of Advocacy ("Commentaries on the Art of Advocacy;" "The Legal Profession in the Twenty-First Century"-Panel Discussion) (1/15/1999);

1999 Winter Bridge the Gap ("Essential Tips for Practice in SC Courts-Appellate Courts") (3/9/1999);

The South Carolina Women Lawyers Association-Bridges to the Future: More Than Just a Connection ("Hot Ethical Issues of the Supreme Court"-Panel Discussion) (4/9/1999);

Appellate Practice ("Featuring the Publication: Appellate Practice in South Carolina" by The Honorable Jean Hoefer Toal, Robert A. Muckenfuss & Shahin Vafai) (4/30/1999);

1999 Summer Bridge the Gap ("Essential Tips for Practice in SC Courts-Appellate Courts") (5/17/1999);

Pending Seminar Instruction

1999 SC Bar Annual Meeting- Trial and Appellate Advocacy Section ("Overview of Appellate Courts in South Carolina) (6/11/1999).

On invitation, each year Justice Toal lectures to classes at the law school for Professors Quirk, Spitz, and Bockman on real property, taxation, constitutional law and appellate advocacy;

Justice Toal reported that she teaches many CLE seminars every year for the South Carolina Bar, American Bar Association, ALI-ABA, South Carolina Women Lawyers Association, and the Richland County Bar. She also reported that she has given presentations to elementary, middle, high school and college classes on law related topics. She regularly gives speeches to service clubs, church organizations, professional societies, and other community service organizations on legal topics.

Justice Toal reported that she has published the following books and/or articles:

J.M. Hoefer, 1966 Survey-Corporations, 19 S.C. L. Rev. 24 (1967);

J.M. Hoefer, 1966 Survey-Workman's Compensation, 19 S.C. L. Rev. 147 (1967);

J.H. Toal, 1967 Survey-Property, 19 S.C. L. Rev. 635 (1967);

J.H. Toal, Water Resources Research Project, Edens: The Prime Obstacle to a Redevelopment of South Carolina Water Law, 23 S.C. L. Rev. 63 (1971);

J.H. Toal and J. Aldrich, Recent Developments in Punitive Damages and Expert Witness Testimony, 22 Defense Line 7 (Winter 1994);

J.H. Toal, Book Review, The South Carolina Law of Torts, 50 S.C. L. Rev. 261 (1998);

J.H. Toal, Robert A. Muckenfuss, Shahin Vafai, Issue Preservation at Trial: Back to Basics, 10 S.C. Lawyer 14 (March/April 1999);

J.H. Toal, Robert A. Muckenfuss, Shahin Vafai, Appellate Practice in South Carolina, (S.C. Bar CLE Division 1999), release date May 1999.

(4)   Character:

The Commission's investigation of Justice Toal did not reveal evidence of founded complaints or grievances made against her. The Commission's investigation also did not reveal any evidence of criminal allegations made against her. The Commission's investigation of Justice Toal did not indicate any evidence of a troubled financial status. Justice Toal has handled her financial affairs responsibly.

The Commission also noted that Justice Toal was punctual and attentive in her dealings with the Commission, and the Commission's investigation did not reveal any problems with her diligence and industry.

(5)   Reputation:

Justice Toal reported that her last available Martindale-Hubbell rating was "AV."

Justice Toal reported that she was appointed by Governor John West to the S.C. Commission on Human Affairs from 1972 through 1974, and was elected seven times to the House of Representatives, District 75, from 1975 through 1988.

Justice Toal reported that she has received the following honors and awards:

Honorary Doctor of Law, The Citadel, May 8, 1999;

South Carolina Trial Lawyers Association, Portrait Honoree, 1995;

South Carolina Women Lawyers Association, Jean Galloway Bissell Award, 1995;

Richland County Bar Association (SC), John W. Williams Award, 1994;

Dreher High School Hall of Fame, 1994;

Congaree Girl Scout Council Woman of Distinction, 1993;

South Carolina Public Relations Society of America, Citizen of the Year, 1992;

Honorary Doctor of Laws, Columbia College, 1992;

Agnes Scott College, Outstanding Alumnae Award, 1991;

University of Notre Dame Award, 1991;

Algernon Sidney Sullivan Award, University of South Carolina, 1991;

Honorary Doctor of Humane Letters, College of Charleston, 1990;

University of South Carolina Mortar Board Woman of the Year, 1989;

South Carolina Pharmacists Association Legislator of the Year, 1985;

South Carolina Municipal Association DSA Award, 1980;

Columbia Record, Ten for the Future, 1976;

Greenville News Outstanding Legislator of the Year Award, 1976;

Recipient, Columbia Jaycees DSA Award, 1976;

Columbia BPW Career Woman of the Year, 1974.

(6)   Physical health:

Justice Toal appears to be physically capable of performing the duties of the office she seeks.

(7)   Mental stability:

Justice Toal appears to be mentally capable of performing the duties of the office she seeks.
(8)   Experience:

Justice Toal was admitted to the South Carolina Bar in 1968.

Since her graduation from law school, Justice Toal worked as an associate with Haynsworth, Perry, Bryant, Marion & Johnstone, in Greenville, S.C., from 1968 through 1970. While at Haynsworth, she worked under several of the partners on a variety of corporate, trusts, real estate and defense litigation issues. She also did research and assisted in document drafting for the first public stock offering for Daniel Construction Company, pension and profit sharing plans for J. P. Stevens, Alice Mills, Hollingsworth on Wheels, Daniel Construction Company, Alister G. Furman Co., Caine Realty and many other corporations. She worked on trusts and wills for Homozel Mickel Daniel, the Daniel Foundation and others. Justice Toal also worked on title certifications for CT Corporation Systems, and defense litigation in products liability, workers' compensation, automobile liability and medical malpractice cases.

From 1970 to 1973, Justice Toal was an associate in the law firm of Belser, Baker, Barwick, Ravenel, Toal & Bender, and later was a partner in the firm from 1974 to 1988. While at the Belser Firm, Justice Toal handled a variety of litigation. Civil litigation included insurance defense work, construction litigation, some plaintiff's litigation, real estate closings, and corporate work. She also handled some criminal defense work. About 30% of her work consisted of criminal trial and appellate work, and she also reported that she worked on many civil cases and appeals to the South Carolina Supreme Court and to the United States Court of Appeals for the Fourth Circuit. Justice Toal reported that she was able to expand her clientele and work experience by handling more plaintiff's cases, administrative law cases, domestic litigation, employment cases, and continued to be involved in the firm's defense insurance work, construction litigation, corporate matters and criminal defense.

Justice Toal indicated that she made appearances on a frequent basis in all levels of trial and appellate courts in this state, including trials or appeals before Magistrate's Court, Probate Court, Master-in-Equity, Circuit Court, Family Court, South Carolina Court of Appeals and the South Carolina Supreme Court. She also had considerable experience as a litigator in the United States District Court, the Fourth Circuit Court of Appeals, and one appearance as co-counsel before the United States Supreme Court. In over twenty years of experience as a practicing lawyer, Justice Toal reported a fairly even mix of plaintiff and defense work, criminal trial work, and complex constitutional litigation. She reported that she wrote many trial and appellate briefs at all court levels, and has considerable administrative law experience in litigation involving environmental matters, federal and state procurement, hospital certificates of need, employment matters and election matters.

Justice Toal reported that she served in the South Carolina House of Representatives for 13 years. She served as Chairman of the House Rules Committee and Chairman of the Constitutional Laws Subcommittee of the House Judiciary Committee. Her legislative service included floor leadership of complex legislation in the fields of constitutional law, utilities regulation, criminal law, structure of local government, budgetary matters, structure of the judicial system, banking and finance legislation, corporate law, tort claims, workers' compensation, Freedom of Information Act and environmental law. She reported that in many instances she had a primary role in drafting legislation in the area and presenting it to the subcommittee, full committee, and House membership. She served on many House-Senate Conference and Free Conference Committees, including the Home Rule Bill, Ethics Reform Act of 1975, Freedom of Information Act revisions, State General Appropriations Bills, Omnibus Crime Bill, various Sine Die Resolutions, various Judicial Reform Bills, Public Service Commission Restructuring, Economic Forecasting Revisions, and Joint Rules.

Although Justice Toal has not appeared in court as a trial attorney since March 15, 1988, she listed the following as her trial experience during her last five years of practice prior to her election to the bench:

(a)   Federal:             Approximately 50 times

(b)   State:               Approximately 140 times

(c)   Administrative trials:   Approximately 100 times.

Justice Toal reported that the percentage of her practice involving civil, criminal, and domestic matters during her last five years of practice as follows:

(a)   Civil:                 80% (non-domestic 57%)

(b)   Criminal:               2%

(c)   Domestic:             23%

(d)   Non-litigation practice:   18%

Justice Toal reported the percentage of her practice in trial court during the last five years of her practice as follows:

(a)   Jury:       50%

(b)   Non-Jury:   50%

Justice Toal reported the percentage of her practice in trial court during the last five years of her practice as follows:

(a)   Jury:       50%

(b)   Non-Jury:   50%

The following is Justice Toal's account of her five most significant litigated matters:

"(a)   Fox v. Scholer and Bruckner, United States District Court, District of South Carolina, C.A. No. 81-300-0, Judge Matthew J. Perry presiding. I was the sole counsel for Defendant Bruckner. A jury trial for two and one-half weeks resulted in a verdict for Defendants. There was a seven-count complaint alleging medical malpractice, alienation of affections, criminal conversation, intentional infliction of emotional harm, conspiracy and fraud. There was considerable pre-trial discovery and pre-trial court appearances in the United States District Court of South Carolina and for the District Court of Ohio;

(b)   Eslinger v. Thomas, 324 F.Supp. 1329 (D.S.C. 1971), 470 F.Supp. 886 (D.S.C. 1972), aff'd and rev'd, 476 F.2d 225 (1973). I participated in various trials and motion hearings and writing of pleadings and briefs in this action by a female law student who was appointed by her Senator as a page in the South Carolina Senate but denied employment by the Clerk of the Senate because of her sex. The Fourth Circuit held this practice unconstitutional and established the right for women to serve as Senate pages;

(c)   State v. Larry Portee, Fifth Judicial Circuit, General Sessions, 1980, Judge William Howell presiding. I was co-counsel. I assisted in all pre-trial activity including extensive witness interviews and hearings, and in the trial of the case. This was a death penalty case involving murder during the commission of an armed robbery. Shortly before trial, the death penalty was abandoned and after two days of trial, a plea to voluntary manslaughter was offered and accepted;

(d)   United States v. Adams, et al., U. S. District Court, District of South Carolina, 1981, Judge Charles Simons presiding. This case involved two and one-half weeks of trial of four co-defendants accused of embezzlement of monies from Fort Jackson Post Exchange. I was sole counsel for Adams. My Defendant and one other received jury verdicts of not guilty. The other two Defendants were convicted, which convictions were later overturned by the Fourth Circuit;

(e)   Owen Martin v. National Railroad Passenger Corporation (AMTRAK), U.S. District Court, District of South Carolina, C.A. No. 3-86-539-16, Judge Matthew J. Perry, presiding. I was co-counsel and participated in all phases. I represented the Plaintiff. The case involved personal injury resulting from the derailment of an Amtrak passenger train in Hamlet, N.C. The case took over a year of intensive discovery in North Carolina, Connecticut, Washington, D.C. and other locations and numerous court appearances. The case was ultimately settled for an amount which is sealed, but which exceeded one million dollars."

Justice Toal reported that she personally handled the following civil appeals:

"(a)   Lindsay v. National Old Line Insurance Co., 262 S.C. 621, 20 S.E.2d 75 (1974). I wrote the brief and participated in the argument. This decision set forth rules for construction of the "Retaliatory Statute" which involves license fees and taxes paid by a foreign life insurance company and also set forth South Carolina's approach to retroactive legislation;

(b)   Peterkin v. Peterkin, 293 S.C. 311, 360 S.E.2d 311 (1987) I was co-counsel at the trial and wrote the brief. I argued the case to the Supreme Court. This represented an important analysis by our Supreme Court of the doctrine of transmutation;

(c)   Tall Tower , Inc., and S.C.E.T.V. v. South Carolina Procurement Review Panel, (Tall Tower I), 294 S.C. 225, 363 S.E.2d 683 (1987); Charleston Television, Inc., v. S.C. Budget and Control Board, (Tall Tower II), 296 S.C. 444, 373 S.E.2d 892 (Ct. App. 1988), rev'd, 301 S.C. 468, 392 S.E.2d 671 (1990) These appeals all arose out of a procurement protest filed by Charleston Television, Inc., whereby it challenged SCETV's award of a long term television tower lease to Tall Tower, Inc. The matter was tried before the Procurement Review Panel and in Circuit Court in 1986. Tall Tower was argued before the South Carolina Supreme Court September 24, 1987. I was lead counsel for trial and argued the Tall Tower I appeal. I participated and/or wrote briefs for Tall Tower I and II in 1987 and 1988. Tall Tower II was argued to the Court of Appeals January 19, 1988. I participated in these arguments. I did not participate in Tall Tower II as it came before the Supreme Court after I was elected. These cases provided significant new analyses of state administrative law, scope of judicial review, rules of state procurement and separation of powers;

(d)   Catawba Indian Tribe v. South Carolina, 476 U.S. 498, 106 S. Ct. 2039, 90 L.Ed.2d 490 (1986), 740 F.2d 305 (4th Cir. 1984); 718 F.2d 1291 (4th Cir. 1983) I participated in the trial and many lengthy pre-trial motion hearings, the writing of briefs for District Court, Fourth Circuit, and U.S. Supreme Court until I left private practice March 16, 1988. I presented the argument twice at the Fourth Circuit. This case represented the third largest eastern Indian land claim. The case involved federal Indian Law, constitutional issues, and state property law. After my participation ended, this litigation continued at the Fourth Circuit and in the U.S. Supreme Court. This case has now been settled by legislation adopted by the United States and State of South Carolina in 1993;

(e)   Able v. S.C. P.S.C., 290 S.C. 409, 351 S.E.2d 151 (1986). I was co-counsel at trial before the Public Service Commission and in Circuit Court. I wrote the brief and argued the case to the Supreme Court of South Carolina. This case analyzed the requirements of the South Carolina Administrative Procedure Act regarding the fact finding at the administrative level and is frequently cited."

The following is Justice Toal's account of three criminal appeals she has personally handled:

"(a)   State v. Sachs, 264 S.C. 541, 216 S.E.2d 501 (1975). I participated in the trial and wrote the appellate briefs and participated in the argument before the Supreme Court of South Carolina. This decision set forth a major restatement of the law of search and seizure in this state;

(b)   State v. Hyman, 276 S.C. 559, 281 S.E.2d 209 (1981). State v. Linder, 276 S.C. 304, 278 S.E.2d 335 (1981). These decisions set forth detailed rules with regard to the State's death penalty statute. I participated in the submission of an amicus curiae brief which discussed from a legislative perspective issues regarding proportionality in sentencing and other issues;

(c)   Downey v. Peyton, 451 F.2d 236 (4th Cir. 1971). This was a habeas corpus proceeding for a state prisoner in which a new trial was obtained where the jury had been improperly influenced by information which came to a juror outside the trial of the case. This decision set forth guidelines for when the "jury room may be invaded" to determine whether the jury received extra trial information."

Justice Toal reported she currently serves as Associate Justice, Supreme Court of South Carolina, elected January 27, 1988, qualified March 17, 1988, and re-elected February 14, 1996. Justice Toal reported that she ran for the position of Associate Justice of the South Carolina Supreme Court in 1984 and in 1985 unsuccessfully. She reported that each time, she was screened and found qualified, but withdrew before election.

Justice Toal reported that her five most significant orders or opinions are as follows:

"(a)   State v. Franklin, 318 S.C. 47, 456 S.E.2d 357 (1995), cert. denied, 516 U.S. 856, 116 S.Ct. 160, 133 L.Ed.2d 103 (1995);

(b)       Whitner v. State, 328 S.C. 1, 492 S.E.2d 777 (1997), cert. denied, ____U.S. ____, 118 S.Ct. 1857, 140 L.Ed.2d 1104 (1998);

(c)   State v. Ford, 301 S.C. 485, 392 S.E.2d 781 (1990);

(d)   Holtzscheiter v. Thompson Newspapers, Inc., 332 S.C. 502, 506 S.E.2d 497 (1998)(Toal, J. concurring);

(e)   State-Record Co., Inc. v. State, 332 S.C. 346, 504 S.E.2d 592 (1998)(Toal, J. concurring in part, dissenting in part), petition for cert. filed, 67 U.S.L.W. 3437 (U.S. Dec. 23, 1998)(No. 98-1035)."

Justice Toal reported that four of her civil opinions dealing with tort, contract, conflict of laws and statutory construction issues are covered in her letter of recommendation from Professor Robert Felix. The cases covered are as follows:

"(a)   Daisy Outdoor Advertising Co., Inc. v. Abbott, 322 S.C. 489, 473 S.E.2d 47 (1996);

(b)         Kennedy v. Columbia Lumber and Manufacturing Co., Inc., 299 S.C. 335, 384 S.E.2d 730 (1989);

(c)   Griffin Plumbing and Heating Co. v. Jordan, Jones, and Goulding, Inc., 320 S.C. 49, 463 S.E.2d 85 (1995);

(d)   Sangamo Weston, Inc. v. National Surety Corp., 307 S.C. 143, 414 S.E.2d 127 (1992)."

Justice Toal reported that this listing demonstrates a cross section of her majority, concurring, and dissenting opinions.

(9)   Judicial temperament:

The Commission believes that Justice Toal's temperament has been and would continue to be excellent.

(10)   Miscellaneous:

The Midlands Citizens Advisory Committee found Justice Jean Hoefer Toal to be a well-qualified and highly-respected justice whose service and dedication to the State of South Carolina is beyond reproach. The committee wholeheartedly approved of Justice Toal's election to the position of Chief Justice of the South Carolina Supreme Court.

Justice Toal is married to William Thomas Toal and has two children: Jean Toal Eisen, (Professional Staff, United States Senate Commerce Committee at the appointment of Senator Ernest F. Hollings, age 27); Lilla Patrick Toal, (12th Grade Student, Dreher High School, age 18).

Justice Toal reported that she was a member of the following bar associations and professional associations:

American Bar Association;

S. C. Bar Association;

Richland County Bar;

S. C. Women Lawyers Association;

John Belton O'Neall Inn of Court.

Justice Toal reported that she was a member of the following civic, charitable, education, social, or fraternal organizations:

St. Joseph's Catholic Church; Lector (Lay reader);

Phi Beta Kappa;

Order of the Coif;

Phi Alpha Delta Legal Fraternity;

Phi Delta Phi Legal Fraternity;

ODK Leadership Fraternity;

Mortar Board Leadership Fraternity;

University of South Carolina Bicentennial Commission, 1999 to present;

Agnes Scott College Board of Trustees, 1997 to present;

Kosmos Club, 1996 to present;

Chair, South Carolina Rhodes Scholar Selection Committee, 1994;

ABA Presidential Working Group on the Unmet Legal Needs of Children and Their Families, 1993;

S. C. Commission on Continuing Legal Education and Specialization, 1992 to 1998;

Chair, South Carolina Juvenile Justice Task Force, 1992 to 1994;

New York University, Appellate Judges Seminar, 1988;

Trustee, Columbia Art Museum, 1980-1985;

S.C. Workers' Compensation Study Committee, 1978 to 1988;

Board of Visitors, Clemson University, 1978;

Founder, First Chairman, Shandon Neighborhood Council, 1972 to 1974;

South Carolina Human Affairs Commission, 1972 to 1974.

Justice Toal provided, "it is a rare privilege given few in life to have been allowed to serve as an Associate Justice on the South Carolina Supreme Court for the past eleven years. Today I am still filled with the same excitement and love for my work with which I began my service on March 17, 1988. I believe I have been a productive member of our Court. I have written over 640 opinions for our court in the eleven years of my tenure. Of that number, approximately 55 are dissenting opinions. The opinions I have written for the Court have addressed virtually every area of the law. I have prepared opinions for the Court analyzing and deciding issues related to the United States Constitution and the South Carolina Constitution. I have written opinions interpreting both federal and state legislation. My opinions have ranged from those involving criminal appeals, civil appeals, appeals from administrative agencies (including, but not limited to, the Worker's Compensation Commission, the South Carolina Public Service Commission, the South Carolina Health and Human Services Finance Commission, the South Carolina Department of Revenue, the State Crop Pest Commission, and the South Carolina Coastal Council), domestic appeals, and appeals arising from probate court. I have written opinions for the Court addressing certified questions from Federal District Courts. I have written several opinions for the Court where the death penalty was at issue for the appellant. I have written opinions for the Court in which the appellant was attacking an act of the legislature as unconstitutional (including, but not limited to, the South Carolina Tort Claims Act, certain tax commission regulations, and certain sections of the probate code). I have written opinions for the Court which have become important precedents regarding the admissibility of certain evidence and regarding both civil and criminal procedures. I read and independently research, where appropriate, every matter which comes before our Court. I participate actively in Continuing Legal Education Seminars as a teacher and as a student.

I have been assigned several special projects by each of the Chief Justices under whom I have served. These projects include:

1989 to 1990: Chair and Co-Drafter of the new South Carolina Appellate Court Rules, submitted to the General Assembly in 1990, made effective 9-1-90, the first major revision of the rules since the mid 1970's;

1989 to 1991: Supervised Supreme Court Building Renovation Project including presentations to House Ways and Means, Senate Finance, Joint Bond Review Committees and Budget and Control Board; attendance at all construction team meetings with General Services, contractors, and architect; daily site inspection for 13 months; resulting project completed under budget;

1992 to 1997: Court supervisor of our new Information Technology Unit. Currently proceeding, with support from the General Assembly, to computerize our judges' offices statewide;

1992 to 1994: Chair, South Carolina Juvenile Justice Task Force created with the encouragement of Governor Carroll Campbell and U.S. District Judge Joseph Anderson to study the Juvenile Justice Department and suggest lower cost, more effective alternative programs for the confinement of juveniles who pose a risk to the community and rehabilitation of convicted juveniles. The resulting Task Force Report was presented to the Governor, the General Assembly and Judge Anderson;

1993-1994: Chair, Task Force for Adoption of South Carolina Rules of Evidence patterned on the Federal Rules of Evidence. This was a large research and drafting project undertaken by the Court and its staff attorneys. The finished product, including Court drafted Reporters Comments, was submitted to the 1995 General Assembly and became effective September 3, 1995. South Carolina became the 36th state to adopt a form of the Federal Rules of Evidence;

1992 to Present: Court liaison with Budget and Control Board, DSS, Clerks of Court, and the Governor's Office on implementation of a computerized Child Support Enforcement System."

Commission's Findings:   QUALIFIED

(1)   Constitutional qualifications:

Based on the Commission's investigation, Judge Todd meets the qualifications prescribed by law for judicial service as a Family Court judge.

Judge Todd was born on November 26, 1963. He is 35 years old and a resident of Camden, South Carolina. Judge Todd provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1989.

(2)   Ethical fitness:

The Commission's investigation did not reveal any evidence of unethical conduct by Judge Todd.

Judge Todd demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.

Judge Todd reported that he has not made any campaign expenditures.

Judge Todd testified 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;

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

Judge Todd testified that he is aware of the Commission's 48-hour rule regarding the formal and informal release of the screening report.

(3)   Professional and academic ability:

The Commission found Judge Todd to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.

Judge Todd provided that during the last five years, he has attended private, South Carolina Bar, and South Carolina Department of Public Safety sponsored legal education seminars. He has completed all hours required by the South Carolina Bar, and the South Carolina Supreme Court judicial continuing legal education requirements.

Judge Todd reported that he has not taught law-related courses.

Judge Todd reported that he has not published any books and/or articles.

(4)   Character:

The Commission's investigation of Judge Todd did not reveal any evidence of grievances or criminal allegations made against him. The Commission's investigation of Judge Todd did not indicate any evidence of a troubled financial status. Judge Todd has handled his financial affairs responsibly.

The Commission also noted that Judge Todd was punctual and attentive in his dealings with the Commission, and the Commission's investigation did not reveal any problems with his diligence and industry.

(5)   Reputation:

Judge Todd reported that his Martindale-Hubbell rating is "BV."

Judge Todd reported that he received the Order of the Palmetto in 1986.

(6)   Physical health:

Judge Todd appears to be physically capable of performing the duties of the office he seeks.

(7)   Mental stability:

Judge Todd appears to be mentally capable of performing the duties of the office he seeks.

(8)   Experience:

Judge Todd was admitted to the South Carolina Bar in 1989.

Since his graduation from law school, Judge Todd reported that he worked as a law clerk from 1989 to 1990 for the Honorable Dan F. Laney, Jr., Circuit Court Judge, Third Judicial Circuit. From 1990 to 1992, he worked for Cooper, Beard & Dibble. Judge Todd became a Municipal Court Judge for the City of Camden in 1993 and continues to serve in that capacity. In 1993, he worked for the Cooper firm and left in 1994. He began work at Cooper & Todd, LLP in 1995 and continues to work there.

Since 1990, his practice has been in the nature of general practice. When he first returned to Camden to practice law, he got involved with creditor litigation, including foreclosures. During this time, he began getting involved in family court work, real estate, general corporate, and civil matters. Over the course of his nine years of practice, he estimates that he has been involved in between 400-500 family court matters. Over the last several years, his real estate practice has come to represent residential purchasers and lenders and commercial lenders. Judge Todd noted that in a small community such as Camden, specialization is really not feasible. Thus, the general nature of his practice continues.

Judge Todd's family court experience includes representing both plaintiffs and defendants in marital litigation, divorce, custody, adoption, and abuse and neglect cases. He has represented juvenile criminal defendants, as well. He has also been appointed many times as a guardian-ad-litem ("GAL") for minor children whose parent(s) were involved in a family court dispute, or as a GAL for an incapacitated party with some matter in family court. Since the Kershaw County Bar is small in size, its members also receive a generous number of Department of Social Services cases, including the representation of alleged abused or neglected children, parents accused of abuse, neglect or threat of harm, and protective custody issues, both child and adult. His experiences in these areas have prepared him to be a Family Court judge because these matters have given him a broad range of understanding of the varied issues arising in family court. He believes that rarely can a single matter be understood in a vacuum and a broad range of knowledge is essential to deal with issues effectively. He also believes that an essential quality of a Family Court Judge, or any other judge for that matter, is realistic and practical compassion and empathy. Having seen and been involved in these matters, he understands the issues raised, the emotions present, and the resolutions required.

Judge Todd reported the frequency of his court appearances during the last five years as follows:

(a)   Federal:   none

(b)   State:     frequent

Judge Todd reported the percentage of his practice involving civil, criminal, and domestic matters during the last five years as follows:

(a)   Civil:         25%

(b)   Criminal:       5%

(c)   Domestic:     25%

Judge Todd reported the percentage of his practice in trial court during the last five years as follows:

(a)   Jury:         5%

(b)   Non-jury:     20%

Judge Todd provided that he most often served as sole counsel.

The following is Judge Todd's account of his five most significant litigated matters:

"(a)   First Federal v. Rooney. This was a series of cases and related matters involving foreclosures, pledge of securities, bankruptcy issues and allegations of bank negligence. I represented the bank. After approximately two years of litigation, the matter was settled. Significant were the variety of issues involved.

(b)   Nichols v. Taylor. This was a litigated change of custody matter, representing the father. After a two-and-one-half-day trial, the father was granted a change of custody. Significant was the presentation of facts supporting the change in custody, and showing the best interests of the child would be served by a change in custody.

(c)   Little v. Little. I was appointed as guardian ad litem in a highly contested custody case. The case settled after much litigation and discovery. After I made my recommendation to the parties, the case was settled along the lines of my recommendation as to custody. The case was highly contested and emotional, and involved numerous motions, hearings and other trial related issues. See also Strange v. Strange, interstate contested custody matter, trial and followed recommendation.

(d)   DSS v. Kinion. This was an abuse and neglect case. I was appointed to represent the alleged at-fault parents. The parties, after litigation, entered into a treatment plan, and eventually the child was returned to their custody. I think this case is significant because I worked with the parties to urge them to fulfill the terms of the treatment plan leading to the return of their child. This case is also fairly typical of the type of pro bono appointments received over the course of my nine years of practice.

(e)   Carolina Payphone v. Camden Gas & Oil. A civil breach of contract case, tried by a jury. Significant was the receipt of a directed verdict as to liability. The jury awarded damages. Fairly typical of civil type litigation, discovery and motion practice."

Judge Todd reported that he has not personally handled any civil appeals.

Judge Todd reported that since 1994, he has served as a City of Camden Associate Municipal judge by appointment of the City Council. The jurisdictional limit is the City of Camden, with basic misdemeanor jurisdiction.

(9)   Judicial temperament:

The Commission believes that Judge Todd's temperament has been and would continue to be excellent.

(10)   Miscellaneous:

The Midlands Citizens Advisory Committee found Judge Todd, to be a qualified and highly-regarded judicial candidate. The committee positively approved of his candidacy for a family court judgeship.

Judge Todd is married to Lisa Wade Todd. He has one child, Roderick Murchison Todd, III, age 4.

Judge Todd reported that he was a member of the following bar associations and professional associations:

SC Bar Association, (House of Delegates, 1999);

Kershaw County Bar Association, (President 1993-95); and

SC Trial Lawyers Association.

Judge Todd provided that he was a member of the following civic, charitable, education, social, or fraternal organizations:

Camden Rotary Club, (Board of Directors, 2000);

Historic Camden;

Fine Arts Center of Kershaw County;

Kershaw County Chamber of Commerce, (Board of Directors, 1995-98 and VP of Legislative Affairs);

SC Historical Society;

National Trust for Historic Preservation;

Kershaw County Human Relations Commission 1993-94; and

Camden Main Street USA, Board of Directors 1991-94.

Commission's Findings:   QUALIFIED, BUT NOT NOMINATED

(1)   Constitutional qualifications:

Based on the Commission's investigation, Judge Turner meets the qualifications prescribed by law for judicial service on the Circuit Court.

Judge Turner was born on July 28, 1957. He is 41 years old and a resident of Charleston, South Carolina. Judge Turner provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1991.

(2)   Ethical fitness:

The Commission's investigation did not reveal any evidence of unethical conduct by Judge Turner.

Judge Turner demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.

Judge Turner reported he has not made any campaign expenditures.

Judge Turner testified 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;

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

Judge Turner testified that he is aware of the Commission's 48-hour rule regarding the formal and informal release of the screening report.

(3)   Professional and academic ability:

The Commission found Judge Turner to be intelligent and knowledgeable. The practice and procedure questions were waived for Judge Turner because he met expectations on practice and procedure questions given to him during a previous screening within the past year.

Judge Turner stated that his continuing legal or judicial education during the past five years included attending CLEs and reading.

Judge Turner reported that he has taught or lectured at the orientation for new magistrates and at the Criminal Justice Academy.

Judge Turner reported that he has published the following books and/or articles:

The New Magistrates Court Rules, The Bar Tab, (1998).

(4)   Character:

The Commission's investigation of Judge Turner did not reveal any evidence of grievances or criminal allegations made against him. The Commission's investigation of Judge Turner did not indicate any evidence of a troubled financial status. Judge Turner has handled his financial affairs responsibly.

The Commission also noted that Judge Turner was punctual and attentive in his dealings with the Commission, and the Commission's investigation did not reveal any problems with his diligence and industry.

(5)   Reputation:

Judge Turner reported that because he is a judge, he does not have a Martindale-Hubbell rating.
(6)   Physical health:

Judge Turner appears to be physically capable of performing the duties of the office he seeks.

(7)   Mental stability:

Judge Turner appears to be mentally capable of performing the duties of the office he seeks.

(8)   Experience:

Judge Turner was admitted to the South Carolina Bar in 1991.

Since his graduation from law school, Judge Turner worked at Rosen, Rosen, and Hagood, working on school voting rights. Judge Turner also worked at Stucky and Kobrovsky from 1990 to 1991 and had a general practice, including insurance defense and 1983 actions. From 1991 to 1994, Judge Turner had a private practice, which was a general practice. Judge Turner has served as a magistrate since 1992. He has served as a full time magistrate for small claims court since approximately 1995.

Judge Turner reported that he has held judicial office as a magistrate from 1992 to the present.

Judge Turner reported the percentage of his practice involving civil, criminal, and domestic matters during the period before he became a full-time magistrate as follows:

(a)   Civil:       40%

(b)   Criminal:     20%

(c)   Domestic:   40%

The following is Judge Turner's account of his five most significant orders or opinions:

"(a)   Passailaigue v. McCants (Legal issues included Statute of Elizabeth, anti-assignment statute and fraudulent conveyance issues and included appeals.);

(b)   Ellis v. South Carolina Department of Highways and Public Transportation (Legal issues included Tort Claims Act and chain of custody issues.);

(c)   Lester v. Pasjon (The case concerned the litigation of a partnership dissolution.);

(d)   Cade v. Guerreri (Breach of contract case which featured technical testimony of construction.);

(e)   State v. In the interest of Eric Milligan (Defense of thirteen year old on cocaine charges and other matters.)."

Judge Turner reported that he unsuccessfully ran for Circuit Court Judge in 1996 and 1998.

(9)   Judicial temperament:

The Commission believes that Judge Turner's temperament has been and would continue to be excellent.

(10) Miscellaneous: (11)

The Lowcountry Citizens Advisory Committee reported on Judge Turner on November 19, 1998 and did not include Judge Turner in this round of inquiry. The Citizens Committee reported that they felt Judge Turner was qualified to serve as Judge of the Circuit Court.

Judge Turner is married to Janice Kirshtein Turner. Judge Turner reported that he has a daughter who is approximately 3 months old.

Judge Turner reported that he was a member of the following bar associations and professional associations:

South Carolina Bar Association.

Judge Turner provided that he was not a member of any civic, charitable, education, social, or fraternal organizations because he is a judicial officer.

Commission's Findings:   QUALIFIED

(1)   Constitutional qualifications:

Based on the Commission's investigation, Mr. Williams meets the qualifications prescribed by law for judicial service as an Administrative Law judge.

Mr. Williams was born on April 9, 1953. He is 46 years old and a resident of Lexington, South Carolina. Mr. Williams provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1988.

(2)   Ethical fitness:

The Commission's investigation did not reveal any evidence of unethical conduct by Mr. Williams.

Mr. Williams demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.

Mr. Williams reported that he has not made any campaign expenditures.

Mr. Williams testified 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;

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

Mr. Williams testified that he is aware of the Commission's 48-hour rule regarding the formal and informal release of the screening report.

(3)   Professional and academic ability:

The Commission found Mr. Williams to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.

Mr. Williams reported that he has kept current with his continuing legal education requirements with an emphasis on seminars related to general civil litigation and alternative dispute resolution.

Mr. Williams reported that he has not taught any law-related courses.

Mr. Williams reported that he has not published any books and/or articles.

(4)   Character:

The Commission's investigation of Mr. Williams did not reveal any evidence of grievances or criminal allegations made against him. The Commission's investigation of Mr. Williams did not indicate any evidence of a troubled financial status. Mr. Williams has handled his financial affairs responsibly.

The Commission also noted that Mr. Williams was punctual and attentive in his dealings with the Commission, and the Commission's investigation did not reveal any problems with his diligence and industry.

(5)   Reputation:

Mr. Williams reported that he was not rated in Martindale-Hubbell because too few responses to the company's questionnaire were returned to issue a rating.

(6)   Physical health:

Mr. Williams appears to be physically capable of performing the duties of the office he seeks.

(7)   Mental stability:

Mr. Williams appears to be mentally capable of performing the duties of the office he seeks.

(8)   Experience:

Mr. Williams was admitted to the South Carolina Bar in 1988.

Upon graduation from law school, Mr. Williams began work with Barnes, Alford, Stork & Johnson, in Columbia, South Carolina, doing insurance defense work. He began representing commercial landlords, as well as a local children's home and became a partner in 1996. He left Barnes, Alford, Stork & Johnson on good terms in February 1997 to pursue a solo practice, consisting primarily of representation of commercial landlords, a local children's home, and a mixture of other cases primarily of a civil nature.

Mr. Williams reported that he successfully completed a forty-hour mediator training course in 1993 and has been a certified circuit court mediator since shortly thereafter. Mr. Williams also successfully completed the arbitrator training course in 1996, and shortly thereafter has been a certified circuit court arbitrator. Furthermore, Mr. Williams served from time to time on the Richland County Property Damage Arbitration Panel and has conducted a significant number of mediations and arbitrations since becoming certified.

Mr. Williams reported that he has handled one case in the Administrative Law Judge Division, representing a landowner who opposed a permit issued to an adjoining landowner for the construction of a commercial turkey breeding facility. In deposing DHEC's expert witness, he was able to uncover several shortcomings in the permitting process from DHEC's perspective, and DHEC voluntarily withdrew the permit, with the understanding that it would correct the shortcomings and reissue the permit. Mr. Williams recommended to his client that he purchase the land from the adjoining landowner during the interim, which he did, so that all parties were satisfied. This case demonstrates, he believes, his ability to study and learn controlling law even in areas in which he has not frequently practiced.

Mr. Williams reported the frequency of his court appearances during the last five years as follows:

(a)   Federal:   Five times per year, including bankruptcy court

(b)   State:     Fifty to seventy-five times a year, including trials and hearings, including circuit and magistrate court

Mr. Williams reported the percentage of his practice involving civil, criminal, and domestic matters during the last five years as follows:

(a)   Civil:       90%

(b)   Criminal:     5%

(c)   Domestic:   5%

Mr. Williams reported the percentage of his practice in trial court during the last five years as follows:

(a)                 Jury:     Approximately fifteen (15)%

(b)     Non-Jury:   Approximately eighty-five (85)%

Mr. Williams reported that he most often served as sole counsel in these matters.

The following is Mr. Williams' account of his five most significant litigated matters:

"(a)   Price v. DHEC and Bragg; significant because this was an ALJ Case in which I was successful in obtaining DHEC's withdrawal of a permit to construct a turkey brooding facility. Demonstrates my ability to study and comprehend relevant law and regulations;

(b)   Columbia Joint Venture (Columbia Mall) v. Brittons; bankruptcy case; significant because successful in persuading Bankruptcy Court to interpret Lease provision favorably to commercial landlord;

(c)   Lawyers Surety Corporation; case unsuccessful at trial level; appealed at client's instruction. Significant because it demonstrated to me the importance of obtaining the Court's interpretation of a novel issue, good or bad."

The following is Mr. Williams's account of civil appeals he has personally handled:

"During my tenure at Barnes, Alford, Stork and Johnson, I was co-counsel or local counsel on at least two civil appeals. One of the cases involved a car dealer's bond, and the other was a products liability case."

(9)   Judicial temperament:

The Commission believes that Mr. Williams' temperament would be excellent.

(10)   Miscellaneous:

The Midlands Citizens Advisory Committee found Mr. Gregory G. Williams to be qualified and a highly regarded judicial candidate.

Mr. Williams is married to Janis Doris Parker Williams. He has two children: Matthew Cuthbert Williams, (age 15); Carrie Jeanette Williams, (age 14).

Mr. Williams reported that he was a member of the following bar associations and professional associations:

Richland County Bar Association;

Fifth Circuit Judicial Task Force on Alternative Dispute Resolution.

Mr. Williams provided that he was a member of the following civic, charitable, education, social, or fraternal organizations:

Corpus Christi Catholic Church, Lexington, SC. In the past five years, taught Sunday School classes, served on the building committee, and served as eucharistic minister;

Knights of Columbus, (Corpus Christi Catholic Church, Lexington, SC), benevolent fraternal society;

South Carolina Outdoor Press Association-member of board of directors, first vice president; recipient of awards for excellence-in-craft competitions;

Notre Dame Club of South Carolina/Midlands-past Treasurer, Vice President;

Richland County Bar Assoc.-served in past years as mentor for law school students;

Participant in Bar's Pro Bono program;

Served as volunteer "judge" in high school mock trial competitions.

Mr. Williams provided, "I believe I offer for this judgeship a well-rounded combination of education, training, experience and common sense, along with an appropriate sense of humor. I appreciate your consideration of my candidacy."

The following persons were found qualified:
Justice Jean Hoefer Toal             Chief Justice, Supreme Court
Judge Kaye G. Hearn           Chief Judge, Court of Appeals, Seat 5
Judge J. Ernest Kinard, Jr.       Chief Judge, Court of Appeals, Seat 5
Judge Daniel R. Eckstrom             Circuit Court At-Large Seat 8
Kenneth G. Goode                   Circuit Court At-Large Seat 8
Joy S. Goodwin                     Circuit Court At-Large Seat 8
Steven H. John                     Circuit Court At-Large Seat 8
Judge James A. Turner               Circuit Court At-Large Seat 8
Judge Rolly W. Jacobs     Family Court, Fifth Judicial Circuit, Seat 3
Roderick M. Todd, Jr.     Family Court, Fifth Judicial Circuit, Seat 3
Mary Alice H. Godfrey     Administrative Law Judge Division, Seat 2
C. Dukes Scott.           Administrative Law Judge Division, Seat 2
Gregory G. Williams.       Administrative Law Judge Division, Seat 2
Judge Benjamin H. Culbertson

Administrative Law Judge Division, Seat 3
Joseph Henry             Administrative Law Judge Division, Seat 3
Elizabeth "G.G." Howard   Administrative Law Judge Division, Seat 3
Carolyn C. Matthews.       Administrative Law Judge Division, Seat 3
Ruby Brice McClain       Administrative Law Judge Division, Seat 3
Carl F. McIntosh           Administrative Law Judge Division, Seat 3

Note: Harry M. Lightsey, Jr., did not participate in the Commission's investigation, public hearing, deliberations, or voting concerning Carolyn C. Matthews.

H. 3404 (Word version) -- Reps. W. McLeod and Scott: A BILL TO PROVIDE FOR NONPARTISAN ELECTIONS FOR MEMBERS OF THE ALLENDALE COUNTY BOARD OF EDUCATION TO BE HELD AT THE TIME OF THE GENERAL ELECTION BEGINNING IN 2000; TO PROVIDE PROCEDURES WHEREBY A PERSON MAY DECLARE HIS CANDIDACY AND WHEREBY THE ELECTIONS ARE CONDUCTED AND RESULTS DETERMINED; TO PROVIDE FOR THE GENERAL POWERS AND DUTIES OF THE BOARD; AND TO PROVIDE FOR THE TERMS OF THE MEMBERS SO ELECTED

On motion of Senator HUTTO, with unanimous consent, the local delegation proposed the following amendment to the Bill which was subsequently adopted.

There was no objection.

The Senate proceeded to the Bill, the question being third reading of the Bill.

Senator HUTTO proposed the following amendment (3404R001.CBH), which was adopted:

Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:

/   SECTION   ___.   Act 453 of 1998 is hereby repealed.

/   Renumber sections to conform.

Amend title to conform.

The amendment was adopted.

There being no further amendments, the Bill was ordered returned to the House with amendments.

The following Bill was read the third time and ordered returned to the House of Representatives:

H. 3379 (Word version) -- Reps. Wilkins, Cotty, Allen, Allison, Altman, Bailey, Bales, Barrett, Battle, Bauer, Beck, G. Brown, H. Brown, T. Brown, Campsen, Canty, Cave, Cobb-Hunter, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Harrell, Harrison, Harvin, Hayes, J. Hines, Inabinett, Klauber, Knotts, Lanford, Leach, Limehouse, Littlejohn, Lloyd, Lourie, Lucas, Mack, Martin, Mason, McCraw, McGee, McKay, M. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Ott, Phillips, Pinckney, Quinn, Rhoad, Rice, Rodgers, Sandifer, Sharpe, Simrill, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stuart, Taylor, Tripp, Trotter, Walker, Webb, Whipper, Wilkes, Woodrum, Govan and Riser: A BILL TO ENACT THE "MAGISTRATES COURTS REFORM ACT OF 1999" BY AMENDING SECTION 8-21-1010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES AND COSTS TO BE COLLECTED BY MAGISTRATES, SO AS TO INCREASE THE FEE FOR CIVIL ACTIONS AND COMPLAINTS FROM TWENTY-FIVE TO FORTY DOLLARS AND TO INCREASE THE FEE FOR PROCEEDINGS BY A LANDLORD AGAINST A TENANT FROM TEN TO TWENTY-FIVE DOLLARS; BY AMENDING SECTION 22-1-10, RELATING TO APPOINTMENT OF MAGISTRATES, SO AS TO REVISE THE EDUCATIONAL REQUIREMENT FOR APPOINTMENT ON OR AFTER JULY 1, 1999; BY AMENDING SECTION 22-1-15, RELATING TO THE PERSONS SERVING AS MAGISTRATES, SO AS TO PROVIDE THAT THE REVISED REQUIREMENT DOES NOT APPLY TO A MAGISTRATE SERVING ON JULY 1, 1999, DURING HIS TENURE IN OFFICE; BY AMENDING SECTION 22-1-30, RELATING TO SUSPENSION OR REMOVAL OF MAGISTRATES, SO AS TO PROVIDE THAT A MAGISTRATE'S FAILURE TO COMPLY WITH RETIREMENT, TRAINING, OR EXAMINATION REQUIREMENTS MAY SUBJECT THE MAGISTRATE TO SUSPENSION OR REMOVAL BY ORDER OF THE SUPREME COURT; BY AMENDING SECTION 22-2-40, RELATING TO THE NUMBER AND LOCATION OF MAGISTRATES IN A COUNTY, SO AS TO PROVIDE THAT THE MEMBERS OF THE SENATE DELEGATION FOR A COUNTY AND THE COUNTY GOVERNING BODY MAY VARY THE NUMBER, LOCATION, AND FULL-TIME OR PART-TIME STATUS OF MAGISTRATES IN A COUNTY BY WRITTEN AGREEMENT FILED WITH COURT ADMINISTRATION; BY AMENDING SECTION 22-2-200, RELATING TO ACCOMMODATIONS TAX REVENUES AS AFFECTING THE NUMBER OF MAGISTRATES, SO AS TO CONFORM THE PROVISION REGARDING APPOINTMENT OF ADDITIONAL MAGISTRATES DEPENDENT UPON ACCOMMODATIONS TAX REVENUES; BY AMENDING SECTION 22-8-40, RELATING TO FULL-TIME AND PART-TIME MAGISTRATES AND SALARIES, SO AS TO PROVIDE FOR A NEW SALARY SCHEDULE AND FOR ADDITIONAL MAGISTRATES TO BE APPOINTED DEPENDENT UPON ACCOMMODATIONS TAX REVENUES; BY AMENDING SECTION 34-11-70, RELATING TO EVIDENCE OF FRAUDULENT INTENT IN DRAWING A CHECK AND PROBABLE CAUSE FOR PROSECUTION, SO AS TO INCREASE THE FEE A DEFENDANT MUST PAY FOR ADMINISTRATIVE COSTS, WHEN THE CASE IS DISMISSED FOR WANT OF PROSECUTION OR WHEN THE CASE IS DISMISSED ON SATISFACTORY PROOF OR RESTITUTION AND REPAYMENT, FROM TWENTY TO THIRTY-FIVE DOLLARS; BY AMENDING SECTION 34-11-90, RELATING TO JURISDICTION OVER OFFENSES CONCERNING FRAUDULENT CHECKS, SO AS TO INCREASE A MAGISTRATE'S JURISDICTION OVER INSTRUMENTS OF FIVE HUNDRED DOLLARS OR LESS TO JURISDICTION OVER INSTRUMENTS OF ONE THOUSAND DOLLARS OR LESS, TO PROVIDE THE CIRCUMSTANCES OF A CONVICTION IN MAGISTRATE'S COURT THAT ARE PUNISHABLE BY IMPRISONMENT OR FINES, TO INCREASE THE AMOUNT OF REASONABLE COURT COSTS THAT A DEFENDANT MUST PAY WHEN THE COURT SUSPENDS A FIRST OFFENSE CONVICTION FOR DRAWING AND UTTERING A FRAUDULENT CHECK FROM TWENTY TO THIRTY-FIVE DOLLARS, AND TO INCREASE THE AMOUNT OF REASONABLE COURT COSTS THAT A DEFENDANT MUST PAY AFTER A CONVICTION OR PLEA FOR DRAWING AND UTTERING A FRAUDULENT CHECK; AND BY ADDING SECTION 9-11-27, SO AS TO PROVIDE THAT A MAGISTRATE MAY PARTICIPATE IN THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM; BY ADDING SECTION 9-11-28, SO AS TO PROVIDE THAT A FULL-TIME MUNICIPAL JUDGE MAY PARTICIPATE IN THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM IF THE MUNICIPALITY HE SERVES PARTICIPATES IN THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM; BY ADDING 22-1-5, SO AS TO PERMIT A MAGISTRATES' OVERSIGHT COMMITTEE TO BE ESTABLISHED IN EACH COUNTY; BY ADDING SECTION 22-1-12, SO AS TO REQUIRE THAT A MAGISTRATE COMPLETE CERTAIN TRIAL EXPERIENCES PRIOR TO TRYING CASES; BY ADDING SECTION 22-1-17, SO AS TO ESTABLISH A TWO-YEAR CONTINUING EDUCATION PROGRAM AVAILABLE TO MAGISTRATES WHO HAVE SUCCESSFULLY COMPLETED THE CERTIFICATION EXAMINATION; BY ADDING SECTION 22-1-19, SO AS TO ESTABLISH AN ADVISORY COUNCIL TO MAKE RECOMMENDATIONS TO THE SUPREME COURT REGARDING THE ELIGIBILITY EXAMINATION, CERTIFICATION EXAMINATION, AND CONTINUING EDUCATION REQUIREMENTS FOR MAGISTRATES; AND BY ADDING SECTION 22-2-5, SO AS TO ESTABLISH AN ELIGIBILITY EXAMINATION, THE RESULTS OF WHICH MUST BE USED BY THE SENATORIAL DELEGATION IN MAKING NOMINATIONS FOR MAGISTERIAL APPOINTMENTS; AND BY REQUESTING THAT THE SUPREME COURT MAKE A REPORT TO THE CHAIRMEN OF THE SENATE AND HOUSE OF REPRESENTATIVES JUDICIARY COMMITTEES RECOMMENDING FURTHER NECESSARY CHANGES TO THE MAGISTRATES COURT SYSTEM.

(By prior motion of Senator HOLLAND, with unanimous consent)

The following Bill, having been read the second time, was ordered placed on the third reading Calendar:

H. 3720 (Word version) -- Rep. Bauer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-4-65 SO AS TO PROVIDE THAT IN THE EVENT THE STATE OF SOUTH CAROLINA DETERMINES BY LAW OR OTHERWISE THAT THE SOUTH CAROLINA TUITION PREPAYMENT PROGRAM AND ITS FUND SHOULD BE DISCONTINUED AND ALL TUITION PREPAYMENT CONTRACTS CANCELED, CONTRIBUTORS SHALL BE ENTITLED TO A REFUND OF ALL PAYMENTS TO THE FUND PLUS INTEREST ON THESE CONTRIBUTIONS AT THE RATE OF FOUR PERCENT PER ANNUM, AND TO PROVIDE THAT IF THE FUND DOES NOT HAVE SUFFICIENT MONIES TO MAKE SUCH REFUNDS, THE DEFICIENCIES SHALL BE PAID FROM THE GENERAL FUND OF THE STATE.

(By prior motion of Senator BAUER, with unanimous consent)

On motion of Senator RANKIN, with unanimous consent, the Senate stood adjourned out of respect to the memory of Master Tyler B. Johnson of Horry County, S.C.

At 11:30 A.M., on motion of Senator JACKSON, the Senate adjourned to meet next Tuesday, June 1, 1999, at 12:00 Noon.

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