Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rep. KIRSH as follows:

Our Father in Heaven, the Source of all good things, make us glad and grateful for the many evidences of Your presence all around. Let Your blessings follow us this day and all the days of our lives. Guide and govern us in Your wisdom that in all the cares and occupations of our daily lives we may never forget You, but remember that we are walking and working in Your sight. Stir us to serve You more faithfully and to live with You more devotedly. Help us to serve the citizens of this State in a way that would make us be true servants of our fellowmen and of You. We pray to our God Who is altogether holy. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

Rep. KIRSH moved that when the House adjourns, it adjourn in memory of Mrs. Inez Nivens of York, which was agreed to.

The following was received:

TO:     The Clerk of the Senate

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

Judicial Merit Selection Commission
DATE:   January 15, 2002

Respectfully submitted,
Senator Glenn F. McConnell, Chairman
Representative F.G. Delleney, Jr., Vice Chairman
Richard S. Fisher, Esquire
John P. Freeman, Esquire
Representative James G. McGee III
Mrs. Amy Johnson McLester
Senator Thomas L. Moore
Senator James H. Ritchie, Jr.
Judge Curtis G. Shaw
Representative Fletcher N. Smith, Jr.

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 operates under the law which went into effect July 1, 1997, and which 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 seats in which more than three candidates seek office, the Commission is required to pare the number of candidates presented for consideration by the General Assembly. The Commission is also cognizant of the

Commission's Findings: QUALIFIED AND NOMINATED WITH CONCURRING OPINION
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Abbott meets the qualifications prescribed by law for judicial service as a Family Court judge.
Judge Abbott was born on January 1, 1943. He is 59 years old and a resident of Conway, South Carolina. Judge Abbott 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 1972.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge Abbott.
Judge Abbott 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 Abbott reported that he has not made any campaign expenditures.
Judge Abbott 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 Abbott 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 Abbott to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.
Judge Abbott described his continuing legal or judicial education during the past five years as follows:

The Commission did question Judge Abbott regarding his order in Patel v. Patel, which was reversed by the South Carolina Supreme Court on October 26, 2001. Because the case was on remand to the family court, before proceeding with any questions regarding the case the Commission sought and received written confirmation from the Supreme Court that Judge Abbott would not engage in any further disposition of the Patel case. After careful questioning of Judge Abbott regarding the circumstances surrounding this ruling, the full Commission determined that the reversal by the Supreme Court did not affect Judge Abbott's qualifications to hold judicial office. However, two members of the Commission have filed a concurring opinion.

We write to concur in the opinion of the majority of the Judicial Merit Selection Commission regarding the qualifications of Judge Abbott for continued service on the Family Court bench. However, we do not join in the opinion of the majority for the reason that although he meets the minimum statutory test for qualification we do not believe that Judge Abbott should be reelected to the bench. This is an issue of such importance that each member of the General Assembly should be able to review the facts of his candidacy and reach their own informed decision regarding the merits on the floor.
The State's judiciary is an integral part of the fabric of our citizens' lives. The courts intervene generally only in the most dramatic and dire moments in people's lives. Charged with overseeing these functions are our State's judges. Given the significant impact that these judges play in the lives of South

(1)   Constitutional Qualifications:
Based on the Commission's investigation, Ms. Anastopoulo meets the qualifications prescribed by law for judicial service as a Family Court judge.
Ms. Anastopoulo was born on October 10, 1963. She is 38 years old and a resident of Isle of Palms, South Carolina. Ms. Anastopoulo 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 1994.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Ms. Anastopoulo.
Ms. Anastopoulo 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. Anastopoulo reported that she has made campaign expenditures in the form of stationery and postage for a letter of introduction sent to her local legislative delegation.
Ms. Anastopoulo 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. Anastopoulo testified that she is aware of the Commission's 48-hour rule regarding the formal and informal release of the Screening Report.

"(a)   Sharps v. Sharps.
(b)   Gaskins v. Farm Bureau, et al., S.C. Court of Appeals, Opinion No. 3271; Decided December 18, 2000.
(c)   Porter v. Roper Hospital Inc., et al.; Wheelhouse v. RBC Healthsystems, et al., Memorandum Opinion No. 2001-MO-011; Decided February 20, 2001.
(d)   Stafford v. North Trident Regional Hospital, Case No. 98-CP-10-1656; Case still pending before S.C. Court of Appeals.
(e)   Gupton v. Food Lion Inc., U.S. Court of Appeals, No. 99-1779 Decided July 2, 2001; unpublished opinion."
(9)   Judicial Temperament:
The Commission believes that Ms. Anastopoulo's temperament would be excellent.
(10)   Miscellaneous:
The Lowcountry Citizens Advisory Committee reported: "The Lowcountry Citizens Committee finds Constance A. Anastopoulo to be a qualified and respected candidate. The committee recommends Constance Anastopoulo's election to the position of Family Court Judge."
Ms. Anastopoulo is married to Akim A. Anastopoulo. She has two children: Rossi Akim Anastopoulo, age 6, and Hali Akim Anastopoulo, age 10 months.
Ms. Anastopoulo reported that she was a member of the following bar associations and professional associations:

(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Breeden meets the qualifications prescribed by law for judicial service in the Circuit Court, At-Large Seat 13.
Judge Breeden was born on December 27, 1942. He is 59 years old and a resident of North Myrtle Beach, South Carolina. Judge Breeden 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 1973.

(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge Breeden.

Judge Breeden reported that he has taught the following law-related courses: "Trial Lawyers Conference, 2001, Improving Jury Deliberations: Perspectives from the Circuit Court Bench."
Judge Breeden reported that he has published the following:
"(1)   Building a Better Guilty Plea, South Carolina Trial Lawyer, Vol. 8, Number 4, January/February 1997. Co-authored with Douglas Zayicek.
(2)   False Light Invasion of Privacy: A New Tort in Town? South Carolina Lawyer, Vol. 9, Number 1, July/August 1997. Co-authored with Douglas Zayicek.
(3)   Improving Jury Deliberations: Perspectives from the Circuit Court Bench, South Carolina Lawyer,

(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Brogdon meets the qualifications prescribed by law for judicial service as a Circuit Court Judge.
Judge Brogdon was born on May 29, 1952. He is 49 years old and a resident of Marion, South Carolina. Judge Brogdon 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 1977.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge Brogdon.
Judge Brogdon 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 Brogdon reported that he has not made any campaign expenditures.
Judge Brogdon 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 Brogdon 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 Brogdon to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.
Judge Brogdon described his continuing legal or judicial education during the past five years as follows:
"(a)   New Judges School, July 1996;

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

He summarized his experience after law school as follows:

"Following Law School I took a position as an employee with the Firm of William H. Seals, P.A., beginning my work with that firm in 1977. I worked continuously with that firm and became partner in the firm until the death of William H. Seals in 1989. At that time, I acquired the firm and practiced under the firm name of Seals and Brogdon, Attorney at Law, P.A., until 1992, when the name was changed to James E. Brogdon, Jr., Attorney at Law, P.A. Primarily, my practice throughout my career was of a general nature. Throughout my career I practiced in Family Court, Circuit Court, Probate Court, Magistrate's Court, and before the Workers Compensation Commission. Additionally, my practice involved a good bit of real estate work. During my career, my partner, William H. Seals, and I represented both plaintiffs and defendants. Mr. Seals was representing several automobile insurance companies, locally, and at his death I began representing those   carriers. Also, in November 1989, I became the County Attorney and held that position until I became Circuit Court Judge in April 1996."
Judge Brogdon was elected to Circuit Court, At-Large Seat 12 on February 14, 1996, and was sworn in April 1, 1996.
Judge Brogdon listed his most significant cases as follows:
"(a)   Raytheon Engineers and Constructors vs. Roche Carolina, Inc., Civil Action #96-CP-21-333: This was a case arising out of the construction of the

(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Brown meets the qualifications prescribed by law for judicial service as a Family Court judge.
Judge Brown was born on April 10, 1947. He is 54 years old and a resident of Winnsboro, South Carolina. Judge Brown 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 Judge Brown.
Judge Brown 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 Brown reported that he has not made any campaign expenditures.
Judge Brown 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 Brown 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 Brown to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.
Judge Brown described his continuing legal or judicial education during the past five years as follows:

"(a)   attended CLE seminars at USC Law School;

(c)   Drug Court Planning Initiative."
Judge Brown reported that he has not taught or lectured at any bar association conferences, educational institutions, or continuing legal or judicial education programs.
Judge Brown reported that he has not published any books and/or articles.
(4)   Character:
The Commission's investigation of Judge Brown did not reveal evidence of any founded grievances or criminal allegations made against him. The Commission's investigation of Judge Brown did not indicate any evidence of a troubled financial status. Judge Brown has handled his financial affairs responsibly.
The Commission also noted that Judge Brown 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 Brown reported that his last available Martindale-Hubbell rating was "AV."
Judge Brown reported his military service as follows:
"South Carolina Army National Guard: 1969-1975; Rank E-5; retired; Honorable discharge 1975."

(6)   Physical Health:
Judge Brown appears to be physically capable of performing the duties of the office he seeks.
(7)   Mental Stability:
Judge Brown appears to be mentally capable of performing the duties of the office he seeks.
(8)   Experience:
Judge Brown was admitted to the South Carolina Bar in 1974. He reported the following legal experience:
"General Practice of Law, 1974-1994
Practiced in Winnsboro, 1974-1994, practice consisted of criminal (Magistrate and General Sessions), domestic, civil, social security, real estate, bank law, and Town Attorney."

(1)   Constitutional Qualifications:
Based on the Commission's investigation, Ms. Cate meets the qualifications prescribed by law for judicial service
Ms. Cate was born on October 16, 1960. She is 41 years old and a resident of Charleston, South Carolina. Ms. Cate 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 1986.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Ms. Cate.
Ms. Cate 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. Cate reported that she has spent $65.00 on postage and photograph paper.
Ms. Cate testified she has not:
(a)   sought or received the pledge of any legislator prior to screening; or
(b)   sought or been offered a conditional pledge of support by a legislator.
Ms. Cate was questioned extensively about several letters of support that have been received by legislators on her behalf.

"(a)   Third Annual Children's Law Conference (2001);

(b)   S.C. Solicitor's Association 2000 Annual Conference;

(c)   S.C. Solicitor's Association 1999 Annual Conference;

(d)   S.C. Solicitor's Association 1998 Annual Conference;

(e)   S.C. Solicitor's Association 1997 Annual Conference;

(f)   School Violence in South Carolina (1997);
(g) S.C. Solicitor's Association 1996 Annual Conference."
Ms. Cate reported that she has taught the following law-related courses:
"Adjunct professor: Limestone College, Business Law;
Adjunct professor: Webster University, Business Law;
Guest lecturer: Trident Technical College Paralegal Studies, Family Law and Procedure;
Guest lecturer: Local juvenile detectives and officers, Juvenile and Family Law;
Guest lecturer: Stratford High School, Juvenile Law;
Guest speaker: Elementary and secondary schools, Juvenile Law and Career Instructor: Goose Creek High School Youth Court participants
(Training of student prosecutors, defense attorneys, and court personnel in the areas of criminal law, courtroom decorum and etiquette, preparation of case

Berkeley County Solicitor's Office, Ninth Judicial Circuit

Charlie Condon - Solicitor

Assistant Solicitor

Judicial Law Clerk

The Honorable Lawrence E. Richter, Jr., Circuit Court Judge,

Ninth Judicial Circuit
While working in the Berkeley County Solicitor's Office, I was asked by then Chief Administrative Judge Lawrence E. Richter, Jr. if I would serve out the remainder of his law clerk's position. Due to Judge Richter's court administrative responsibilities for both Common Pleas and General Sessions matters, I was very fortunate in my tenure with him to be deeply involved in the administrative and courtroom activities in both criminal and civil matters. As judicial law clerk, I was responsible for maintaining the Judge's appointments and court calendars, ensuring that deadlines were met; shielded the Court from any inappropriate ex parte communication; reviewing trial briefs which were discussed between us prior to trial; legal research on issues that came before the Court and updating the Judge on new legislation and caselaw authorities; assisted the Judge in obtaining materials for speeches and continuing legal education seminars and conferences, participated in pre-trial and discovery conferences between the Judge and attorneys; drafted Orders; reviewed and edited proposed Orders and to do all that was needed by the Court prior to, during and post trials.
(c)   September 1987 - May 1988

Watson, Tiencken & West (Partners: Robert E. Watson, John H. Tiencken, Jr., and John S. West)

Moncks Corner, S.C.

Associate
In this general litigation firm, I was the sole associate with primary responsibilities focused on assisting the partners on on-going civil and criminal litigation and county administrative

Richter Firm, P.A. (Lawrence E. Richter, Jr.)

Richter & Cate, P.A., Charleston, S.C.

Associate and later partner/shareholder
This period included a continuation of the legal responsibilities normally given to an associate; however, I expanded my trial experience to appearing in other county courts and U.S. District Courts. Our firm also handled more business-oriented litigation representing banking institutions, companies, corporations and sole proprietors. My Family Court practice continued to flourish to include litigation in all aspects of family law. I became a partner/shareholder and assumed office managerial/administrative responsibilities in addition to my legal responsibilities to include, but not limited to, handling everyday financial and personnel matters. Our firm expanded adding associates and other support personnel.
(e)   January 1992 - April 1996
Jocelyn B. Cate, Attorney at Law, Offices in West Ashley and Charleston, S.C.

Sole practitioner

My practice was divided approximately as follows: 98% family court, 1% criminal law and 1% personal injury. I continued to gain expertise in all areas of family law to include, but not limited to separation, divorce, child custody, child support, visitation, paternity, adoptions, guardian ad litem appointments, DSS child abuse and neglect, DJJ juvenile defense, prenuptial agreements, etc.
(f)   April 1996 - Present

Berkeley County Solicitor's Office, Ninth Judicial Circuit

David P. Schwacke - Former Solicitor

Ralph E. Hoisington - Present Solicitor

With the exception of my tenure as a judicial law clerk, my fifteen (15) years of legal experience has primarily been in the Family Court system. For the past five (5) years, to the present I have been in charge of juvenile prosecution for Berkeley County. Prosecutorial duties include reviewing Department of Juvenile Justice referrals; making decisions to prosecute, divert, defer or dismiss; drafting of juvenile petitions, motions, orders and other pleadings; follow-up criminal investigation for trial; trying cases; and making recommendations to the Court as to disposition. I am solely responsible for managing the juvenile docket in Family Court. I work closely with the Clerk of Court, the judiciary and judicial personnel to ensure that cases are handled in an efficient and timely manner. In order to provide the Court with as much information as possible about a minor appearing before the Court, I maintain regular contact with other agencies involved with the minor and/or family and conduct frequent staffings with representatives from the Department of Juvenile Justice, Department of Social Services, Managed Treatment Services, Continuum of Care, Protection and Advocacy, Guardian ad Litem Programs, Department of Disabilities and Special Needs, Department of Mental Health, Alternative Placement facilities and Berkeley County School District. Prosecution also involves contempt actions filed against parents or guardians who willfully and intentionally violate Court Orders. I have handled matters involving the return of runaways located in our jurisdiction to their home state under the Interstate Compact on Juveniles. While in private practice, I was

When I was first employed by the Solicitor's Office, the handling of Department of Social Services' child abuse and neglect cases came under the responsibility of the Solicitor. I represented the interests of DSS from the time a child was taken into emergency protection, in probable cause hearings, in merits hearings and judicial review hearings. Some of the 'founded' cases carried over to prosecution of the perpetrator in General Sessions court. In private practice, I was retained or appointed to represent every conceivable party in DSS matters in Charleston, Dorchester and Berkeley Counties. In Berkeley County Department of Social Services v. Gaillard (89-DR-08-535), I was appointed to represent the mother of two minor children on allegations of threat of harm for neglect and physical abuse. The mother had a substantial substance abuse addiction which she battled with throughout my representation of her. I was in the case for approximately four years. The mother made some significant strides in her rehabilitation but eventually succumbed to her addiction. She was brought back to Court on contempt actions brought against her by DSS for failure to comply with treatment plans. I attended numerous Foster Care Review Board meetings to follow-up in the care and status of her children. During my representation of this mother, DSS had obtained Consent and Waiver Relinquishing Parental Rights from both parents without notice to either parent's attorneys. I filed a Motion to Vacate the consent allegedly given by my client and won. The Court found that 'the termination was made without legal counsel present and that by doing so the Department of Social Services circumvented the judicial process and that such actions were unconscionable and will not be tolerated by the Court.' In John and Jane Doe v. SCDSS, DCDSS et al. 91-DR-18-1241, a termination of parental rights action was initiated by the

I have had extensive experience in this area of Family Law from obtaining divorces on one year continuous separation grounds to highly contested cases involving proof of adultery. As in all domestic cases, my involvement began with the drafting of pleadings and affidavits to be submitted at temporary hearings; I conducted extensive discovery, if necessary; I engaged in good faith negotiations; I drafted proposed agreements; I went to trial and drafted proposed Orders. In Turner v. Turner, 94-DR-18-1434, I represented the defendant/wife whose husband filed for separation. We counterclaimed for, among other things, divorce on the ground of adultery and was successful. In this pro bono appointment, Martin v. Martin, 94-DR-10-900, I represented the wife who was totally disabled due to severe emotional conditions. The wife was seeking alimony, divorce and equitable distribution of marital assets, specifically the marital home. Husband counterclaimed alleging that there was no marital property in that the parties were not married at the time he had purchased the house. We replied that the parties were in fact common law married. The case was resolved by agreement whereby my client was awarded alimony and an equitable share of the house. I had to take steps to protect my client's interest in the property and to ensure that the Husband was making diligent efforts to sell the property for a fair price. I have been involved in the equitable distribution of such other assets as private and military pensions; closely-held corporations, sole proprietorships, Civil War memorabilia, stocks and other securities and timber rights, all of which necessitated financial expert consultations and testimony. Some the businesses that were equitably distributed included a bail bonding business, a florist shop and an art gallery. Other issues that were handled in my cases included: division of hospital/medical uninsured

In litigating child custody actions, I utilized extensively the expertise of mental health professionals, social workers, guardians ad litem, school officials and medical doctors in proving that my clients were in fact the primary caretakers of the children or to disprove the opposition's claim to that role. In preparation for trial, I obtained information by way of voluntary interviews, and if necessary, through subpoenaed depositions. Naturally associated with custody are the issues of visitation and child support that at times were also hotly contested and litigated. I have also had the opportunity to be involved in matters involving the Uniform Child Custody Jurisdiction Act. I have been appointed by the Court and have also been specifically asked by parties to serve in the capacity of guardian ad litem in private child custody actions. In Johnson v. Johnson, 94-DR-4449, I represented a five-year-old child in a custody action between her divorcing parents. The father had been accused and cleared of allegations of sexual abuse. I conducted an extensive investigation that included interviewing the various physicians and mental health professionals, made many announced and unannounced home visits to both parents' homes and spent many hours visiting with the child.

I have represented unwed mothers who wished to put their unborn child up for adoption. In those cases, my involvement began with the finding of prospective adoptive parents and happily ended with the procurement of amended birth certificates. I have also represented prospective adoptive parents and served as guardian ad litem of the child to be adopted. It is imperative in this type of action to ensure that all statutory requirements as to the Consent and Relinquishments, pre- and post-placement investigative reports and financial accounting be met to the satisfaction of the Court. My fondest memories in private practice are walking out of the hospital toward a beaming couple with a blessing in my arms."
Ms. Cate reported the frequency of her court appearances during the last five years as follows:
"State:   100%"

Former Family Law Section, Chairman (1992-1993)

Former Family Law Section Executive Committee Member (1991-1992)
(d)   Berkeley County Bar Association;
(e)   Missing and Exploited Children Comprehensive Action Plan (M/CAP)."
Ms. Cate provided that she was a member of the following civic, charitable, education, social, or fraternal organizations:
"(a)   Phi Beta Kappa;
(b)   Gammi Beta Phi;
(c)   Past Trident United Way Planning Committee member;
(d)   Past Legend Oaks Plantation Subdivision Social Committee member;
(e)   Legend Oaks Plantation Reading Club member;
(f)   Past room mother - Beech Hill Elementary School;
(g)   Past volunteer - Beech Hill Elementary School;
(h)   St. John the Beloved Church;
(i)   J. Gordon Belser Award;
(j)   Pro Bono recognition and appreciation awards;
(k)   Who's Who in American Colleges;
(l)   Past volunteer assistant basketball coach, Summerville YMCA and Hanahan Recreational Center."
Ms. Cate additionally provided,"you will undoubtedly see in and around any family court in this country a commonality: people, young and old, who are full of stress, frustration and fear. These are the emotional conditions confronting Family Court judges each and every day. It takes a special person to hear these types of cases day in and day out; therefore, those who are charged by law with the awesome authority to select this person should do so only with the full and conscientious

I believe that the totality of my vast experience clearly demonstrates my command of fundamental legal principles and in procedural and evidentiary rules in both the civil and criminal contexts of this specialized area of law. I believe that I have the respect of the Bench and the Bar not only for my legal abilities but for my people skills. The rule I follow is simple: Treat others the way you would like others to treat you.

Lastly, I believe that lawyers will be able to tell their clients that if they ever find themselves appearing before me that they can expect to be fully and fairly heard by a highly competent and reasonable person whose final judgment will be based on the laws of the State of South Carolina as applied to the facts presented."

(1)   Constitutional Qualifications:
Based on the Commission's investigation, Mr. Culp meets the qualifications prescribed by law for judicial service as a Family Court judge.
Mr. Culp was born on October 23, 1961. He is 40 years old and a resident of Greenville, South Carolina. Mr. Culp 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. Culp.
Mr. Culp 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. Culp reported that he has not made any campaign expenditures.
Mr. Culp testified he has not:

"1986-1987   Law Clerk for the Honorable Frank P. McGowan, Jr.;

1987-1990   Associate, Rainey, Britton, Gibbes and Clarkson;

1990-1991   Associate, Haskins & Patton;

1991-present   Sole Practice."
Mr. Culp provided the following information regarding his legal experience: "In my first four years of practice, when I was with two different law firms, the general area of practice was in the field of insurance defense. When I opened my own law firm in 1991, I first stated out in general practice. The last ten years of practice have mainly been in the areas of probate law, elder law, domestic law and civil litigation. In the last five years, the emphasis of my practice has grown even more to domestic law and probate law. The last four years I have also done a great deal of work in representing parties in Department of Social Services abuse and neglect cases. During the last ten years of my practice, I have represented a number of parties in divorce and equitable division of property cases. I have also handled a number of child custody matters, including adoptions. I have served as Guardian ad Litem for minor children in various cases as well. Since completing mediation training, I have mediated several domestic cases involving child custody. Although I have not had any cases in the juvenile justice area, I have observed how the Family Court Judges deal with children in custody and abuse cases. I am a

Mr. Culp further provided the following regarding his experience in Family Court: "I have been involved in approximately 17 different matters in the last ten years in which I have drafted agreements and court orders concerning equitable distribution and/or custody. In all these matters, the parties had reached an agreement regarding these issues. My experience also involved taking these matters to court and getting the agreements approved. I have also had several matters which were heavily litigated and involved issues of equitable distribution and alimony. These matters were eventually settled prior to trial. One case, the Burdine matter, involved an interesting question of the division of a worker's compensation settlement due to my client, Mr. Burdine. The Johnson matter involved issues of equitable division and the allocation of various real estate properties owned by the parties. The Dill matter involved questions of alimony, distribution of marital assets, and allocation of marital debts. I also handled the Rector matter, which involved issues of property division, alimony, and the valuation of the marital home. I am currently involved in two matters which involve issues of alimony and division of marital assets. One additional case, the Riddle case, involved the issues of division of marital assets and also the question of whether the parties were in fact married by common law. My experience in domestic cases has also included one or more cases involving obtaining a divorce for a client on the grounds of adultery, habitual drunkenness, and/or physical abuse.

I have handled approximately four cases which involved a change of custody which was eventually approved by a court order. One of the cases, the Barth matter, in which I represented the father, the mother initially opposed the change but we were able to get her to agree to the change of custody to my client. I am currently involved in a case involving change of visitation due to one of the parties moving out of the state.
I have worked on six adoptions as the attorney for the parties seeking to adopt. These adoptions generally involved step-parent adoptions or other family member adoptions. All were

The above is a summary of the types of matters that I have handled in Family Court. In total, in the last ten years, I have served as attorney in approximately 155 different matters which include family law (including consultations). This does not include matters in which I was Guardian ad Litem. I have not had any experience in the area of juvenile justice."
Mr. Culp reported the frequency of his court appearances during the last five years as follows:
"(a)   federal: none
(b)   state: one time per week"
Mr. Culp reported that the percentage of his practice involving civil, criminal, and domestic matters during the last five years as follows:
"(a)   civil:   35%
(b)   criminal: 5%
(c)   domestic: 60%"
Mr. Culp reported the percentage of his practice in trial court during the last five years as follows:
"(a)   Jury:   50%
(b)   Non-jury: 50%"

Commission's Findings:   QUALIFIED AND NOMINATED

(1)   Constitutional Qualifications:
Based on the Commission's investigation, Mr. Davis meets the qualifications prescribed by law for judicial service as a Circuit Court judge.
Mr. Davis was born on June 17, 1965. He is 36 years old and a resident of Columbia, South Carolina. Mr. Davis 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 Mr. Davis.
Mr. Davis 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. Davis reported that he has not made campaign expenditures.

Mr. Davis 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.

(5)   Reputation:
Mr. Davis reported regarding his Martindale-Hubbell rating: "I'm not sure what my current rating is. Although I am fairly certain that I'm still listed."
Mr. Davis reported the following regarding his military service: "I served on active duty in the U.S. Army from July 13, 1983 through July 14, 1987. I received an Honorable

(10) Miscellaneous: (11)

The Midlands Citizens Advisory Committee reported: "The Midlands Advisory Committee finds Mr. Leroy Ellis Davis to be a qualified and highly regarded candidate. The committee positively approves of his candidacy for the circuit court bench."Mr. Davis is married to Tracie Lee Davis. He has two children: Ross Ellis Davis, age 10, and Tyler Lee Davis, age 15 months.
Mr. Davis reported that he was a member of the following bar associations and professional associations:
"(a)   Newberry Bar Association (Current President, elected February 12, 2001);
(b)   American Bar Association;
(c)   South Carolina Bar."
Mr. Davis provided that he was a member of the following civic, charitable, education, social, or fraternal organizations:
"(a)   Veterans of Foreign War Organization;
(b)   Respite House, (Non profit Adult Day Care) Former Board Member;
(c)   Board Member Newberry Communities in Schools (Not for Profit Teen After School Program)."

(1)   Constitutional Qualifications:
Based on the Commission's investigation, Mrs. Godfrey meets the qualifications prescribed by law for judicial service as a Family Court judge.
Mrs. Godfrey was born on December 10, 1952. She is 49 years old and a resident of Greenville, South Carolina. Mrs. Godfrey provided in her application that she has been a

"(a)   Hot Topics in Domestic Law;
(b) Year in Review;
(c) S.C. Bar Deep Caribbean Cruise (1998); (d)

(d)   Public Defender Association Conferences;

(e)   Family Court Mediator refresher course."
Mrs. Godfrey reported that she has taught the following law-related courses:
"(a)   I taught Property/Real Estate Law in the paralegal program at Greenville Technical College 1992 - 1994.

1996-1998: several times per month

1999-2001: several times per week."
Mrs. Godfrey reported that the percentage of her practice involving civil, criminal, and domestic matters during the last five years as follows:
"(a)   Civil:   5%
(b)   Criminal: 40%
(c)   Domestic: 55%"
Mrs. Godfrey reported the percentage of her practice in trial court during the last five years as follows:
"(a)   Jury:   15%
(b)   Non-jury: 85%"
Mrs. Godfrey provided that she most often served as sole counsel.

(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Jenkins meets the qualifications prescribed by law for judicial service as a Family Court judge.
Judge Jenkins was born on August 8, 1947. He is 54 years old and a resident of Travelers Rest, South Carolina. Judge Jenkins 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:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge Jenkins.
Judge Jenkins 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 Jenkins reported that he not made any campaign expenditures.
Judge Jenkins 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 Jenkins 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 Jenkins to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.
Judge Jenkins described his continuing legal or judicial education during the past five years as follows: "I have

(a)   Orientation for new Family Court Judges (1996);

(b)   Annual Judicial Conference with emphasis on current legal   development in Family Law (1996-1999);
(c)   Annual Family Court Judges Conference, current updates in areas of interest in Practice and Procedure and Substantive Development in Family Law (1996-1999);
(d)   National Council of Juvenile and Family Court Judges, Reno, Nevada Annual Conference (1998);

(e)   Evidence In Juvenile and Family Court (1998);

(f)   Advanced Family Law (1997);

(g)   National Judicial College General Jurisdiction (2000);

(h)   S.C. Bar Criminal Law Comprehensive Review (1999)."
Judge Jenkins reported that he has taught the following law-related courses: "I have taught the Juvenile Law/Pre-Trial Diversion Course through the sponsorship of the Department of Youth Services and the local Solicitor's Office. It was a ten (10) week course designed to teach juveniles between ages 13-16 responsible civil conduct under the law, giving them exposure through site visits and guest presenters on law enforcement functions, (1986-88).
I have served as a presenter for the SBA Committee for Indigent Representation on the topic on Judicial Responses to PRO SE Representation (1998).
I have served as a presenter for the Family Court Judges Conference on topic of Judicial Ethics (1998)."
Judge Jenkins reported that he has not published any books and/or articles.
(4)   Character:
The Commission's investigation of Judge Jenkins did not reveal evidence of any founded grievances or criminal allegations made against him. The Commission's investigation of Judge Jenkins did not indicate any evidence of a troubled

S.C. Court of Appeals 4/22/99 - Opinion #99 - affirms."
Judge Jenkins has stated that he has not been employed while serving as a judge other than elected judicial office.
Judge Jenkins listed his candidacies for elective, judicial, or other public office as follows: "Candidate for Resident Seat #2 Circuit Court of Greenville, February 2000. Withdrew before formal election.
Candidate for Judicial Seat #3, Family Court, Greenville County (Thirteenth Judicial Circuit) January 1992."
(9)   Judicial Temperament:
The Commission believes that Judge Jenkins' temperament has been and would continue to be excellent.
(10)   Miscellaneous:
The Upstate Citizens Advisory Committee reported: "Judge Jenkins was found to be a most competent and excellent jurist. His qualifications greatly exceed the expectation set forth in the evaluative criteria."
Judge Jenkins is married to Margaret Helen (Rivers) Jenkins. He has two children: Robert Nathaniel Jenkins, Jr., age 28, and Jason Matthew Jenkins, age 20.
Judge Jenkins reported that he was a member of the following bar associations and professional associations:
"(a)   South Carolina Bar Association, member of the Economics of Law Practice Division;
(b)   South Carolina Black Lawyers Association, member; served as its Treasurer 1976-1980;

(c)   Greenville Bar Association, dues paying member;
(d)   American Bar Association, member; served on the Economics of Law Practice Group;
(e)   South Carolina Legal Services Advisory Group B served as Chairman 1983-1996;
(f)   National Project Advisory Group for Legal Services B served as S.C. representative (1983/96)."
Judge Jenkins provided that he was a member of the following civic, charitable, education, social, or fraternal organizations:

(b)   Association of Citadel Men-member;
(c)   Northwest (Travelers Rest) YMCA, Board member 1996-present."

(1)   Constitutional Qualifications:
Based on the Commission's investigation, Mr. Jenkinson meets the qualifications prescribed by law for judicial service
Mr. Jenkinson was born on November 19, 1948. He is 53 years old and a resident of Kingstree, South Carolina. Mr. Jenkinson 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. Jenkinson.
Mr. Jenkinson 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. Jenkinson reported that he has not made any expenditures towards his campaign.
Mr. Jenkinson 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. Jenkinson testified that he is aware of the Commission's 48-hour rule regarding the formal and informal release of the Screening Report.

11/17/95 - Marital Litigation;

12/01/95 - Workers' Compensation Practice in South Carolina;
1996:   01/12/96 - Worker's Compensation Practice in South Carolina;

12/13/96 - Powerful Witness Preparation;
1997:   05/02/97 - State & Federal Practice;

12/5&6/97 - Auto Torts XX - Atlanta;
1998:   04/24/98 - Stuff You need to Know (SCCAWC);

12/11/98 - Expert Witnesses - The Art and the Law;
1999:   07/30/99 - Effective Rainmaking;

10/01/99 - Masters in Trial;

12/3&4/99 - Auto Torts - Atlanta;
2000:   09/15/2000 - Hot Tips from the Best Domestic Experts;

12/1&1/2000 - Auto Torts XXIII - Atlanta;

12/06/2000 - Nursing Home Negligence."
Mr. Jenkinson reported the following regarding his teaching of law-related courses: "I taught business law and government courses c. 1975-1977 at the Williamsburg Technical College, Kingstree, S.C. These were basic, college credit courses."

"(a)   Federal: 1 or 2 times

(b)   State:   approximately 50 times a year"
Mr. Jenkinson reported that the percentage of his practice involving civil, criminal, and domestic matters during the last five years as follows:
"(a)   Civil:   29%
(b)   Criminal: 1%
(c)   Domestic: 70%"
Mr. Jenkinson reported the percentage of his practice in trial court during the last five years as follows:
"(a)   Jury:   5%
(b)   Non-jury: 95%"
Mr. Jenkinson provided that he most often served as sole counsel.
The following is Mr. Jenkinson's account of his five most significant litigated matters:
"(a)   Wise v. Broadway, 315 S.C. 273, 433 S.E.2d 857 (1993). This was an automobile accident case in which the plaintiff I represented sustained significant injuries when he was rear-ended by a truck. The trial judge struck punitive damages even though there was evidence of violation of at least one statute. On appeal, the South Carolina Supreme Court reversed the trial court's decision. This case generated much interest from the insurance defense bar because they felt that if the trial judge was affirmed, it would be much more difficult for the issue of punitive damages to go to a jury. Both the South Carolina Defense Trial Attorneys' Association and the South Carolina Trial Lawyers' Association filed amicus briefs.
(b)   State v. McKnight, 352 S.E.2d 471, 291 S.C. 110 (1987). I was the lead attorney in this drug prosecution of six people. We successfully moved to suppress the evidence seized pursuant to a defective search warrant. The Supreme Court upheld the trial judge's order, finding that the state search warrant

(1)   Constitutional Qualifications:
Based on the Commission's investigation, Mrs. Konduros meets the qualifications prescribed by law for judicial service as a Family Court judge.
Mrs. Konduros was born on January 30, 1959. She is 42 years old and a resident of Greenville, South Carolina. Mrs. Konduros 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 1985.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Mrs. Konduros.
Mrs. Konduros 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.
Mrs. Konduros reported that she has made $86.00 in campaign expenditures for stationery, postage, and a prepaid telephone card on June 23, 2001.
Mrs. Konduros 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.
Mrs. Konduros testified that she is aware of the Commission's 48-hour rule regarding the formal and informal release of the Screening Report.

General practice, civil, criminal defense, appellate practice, Armed Services Board of Contract Appeals.
1985-87   Law Clerk to the Hon. David F. McInnis, Circuit Court, Third Circuit.

Accompanied the judge to 33 counties in South Carolina assisting him in criminal and civil court.
1987-89   Todd & Barber, Columbia, S.C.

General practice including residential and commercial real estate and development, domestic, probate, appellate practice, criminal, civil, outdoor advertising licensure, and collection.
1989-94   S.C. Department of Disabilities and Special Needs, Deputy General Counsel, Columbia, S.C.

Practice included family court juvenile hearings, real estate purchase and disposal, employee grievance hearings, unemployment hearings, worker's

County attorney for DSS prosecution of abuse and neglect of children and the elderly, Department of Juvenile Justice cases, child support, unemployment, appellate practice, and probate.
1/97-12/97   The Code Law Firm, Greenville, S.C.

Divorce, child support, DSS, Department of Juvenile Justice cases, civil defense in state and federal court, Insurance Reserve Fund defense for the SCDOT, Department of Education, DSS, DDSN, City of Greenville, Greer Police Department, and Department of Corrections, Magistrate's Court, appellate practice.
1997-2000   S.C. Department of Social Services, Assistant General Counsel

Adoptions, DSS prosecution, appellate practice, state procurement disputes, day-care licensure appeals, employee grievances.
2000-Present   Director, Greenville Department of Social Services
Management of 314 state employees and multi-million dollar budget, administering Medicaid, food stamps, child and adult protective services, foster care licensing, and over 400 foster children. Supervise five family court practitioners handling child abuse and neglect case, adoption and termination of parental rights. Continue to handle small number of DSS cases, unemployment hearings, and Rule 608 appointments."
Mrs. Konduros described her experience within the Family Court practice areas as follows:
"Divorce and equitable division of property: I have handled divorces both of lower monetary value and one with net assets in the millions.
Child custody: I have extensive experience as a DSS attorney, private attorney and as a guardian ad litem.
Adoption: Extensive experience in both freeing children for adoption and adoption.

(b)   State: predominantly family court, with a fair percentage of circuit court and appellate appearances."
Mrs. Konduros reported that the percentage of her practice involving civil, criminal, and domestic matters during the last five years as follows:
"(a)   Civil: 6%
(b)   Criminal: 4%
(c)   Domestic: 90%"
Mrs. Konduros reported the percentage of her practice in trial court during the last five years as follows:
"(a)   Jury: 5%
(b)   Non-jury: 95%"
Mrs. Konduros provided that she most often served as sole counsel.
The following is Mrs. Konduros' account of her five most significant litigated matters:
"(a)   SCDSS v Elizabeth Rochelle Maddox, et al.; Family court termination of parental rights case concerning termination of rights to remaining siblings of murdered sibling. Mother and father had been criminally prosecuted for death of the one son, and the case raised the novel issue of whether the termination case was premature, as the criminal convictions were on appeal. Family court terminated, but the case is on appeal. Grounds were failure to support and visit, and death of a sibling.

(9)   Judicial Temperament:

The Commission believes that Mrs. Konduros' temperament would be excellent.
(10)   Miscellaneous:
The Upstate Citizens Advisory Committee reported: "Ms. Konduros was found to be a most competent lawyer. Her qualifications greatly exceed the expectations set forth in the evaluative criteria."
Mrs. Konduros is married to Samuel James Konduros. She does not have any children.
Mrs. Konduros reported that she was a member of the following bar associations and professional associations:
"(a)   Richland County Bar Young Lawyers, Vice-President, 1988;
(b)   South Carolina Bar;
(c)   Greenville County Bar;
(d)   S.C. Women's Law Association, Regional Liaison, 1999;
(e)   National Association of Elder Law Attorneys."
Mrs. Konduros provided that she was a member of the following civic, charitable, education, social, or fraternal organizations; many of these memberships are in her capacity as Director of Greenville County Department of Social Services:
"(a)   Board Member, Prevent Child Abuse Carolina;
(b)   Board Member, "Safe Harbor" (battered woman's shelter);
(c)   Board Member, Greenville Ballet;
(d)   Board Member, Greenville First Steps;
(e)   Executive Director, "Pendleton Place" (children's shelter);
(f)   Member, Governor's Juvenile Justice Task Force, 13th Circuit;
(g)   Member, Greenville County Substance Abuse Counsel;

(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Lee meets the qualifications prescribed by law for judicial service
Judge Lee was born on September 17, 1958. She is 43 years old and a resident of Columbia, South Carolina. Judge Lee 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 1984.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge Lee.
Judge Lee 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 Lee reported that she has not made any campaign expenditures.
Judge Lee 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 Lee testified that she is aware of the Commission's 48-hour rule regarding the formal and informal release of the Screening Report.

The Woman Advocate in South Carolina (7.58);

Ethics Seminar (3.0);

Criminal Practice (6.0);
1997 - carried over credits from 1996

National Judicial College - Advance Evidence (1 week);

Summary of 1997 Revisions of Lawyer Disciplinary Process & the Ethics Act (2.0);

S.C. Woman Advocate: Making Practice Perfect (7.5);
1998 - carried over credits from 1997

Rules, Rules, Rules - S.C. Rules of Civil Procedure (3.0);

South Carolina Woman Advocate (4.25);

Employment and Labor Law (3.0);

Ethics Seminar (3.0);
1999 - carried over credits from 1998

Annual Criminal Law Update (7.0);

Circuit Judges Orientation School (17.25);

S.C. Judicial Conference (7.25);

S.C. Circuit Judges Conference (6.0);
2000 - carried over credits from 1999

National Judicial College - General Jurisdiction (58.08);

Annual Criminal Law Update (6.0);

S.C. Circuit Judges Conference (6.5);

S.C. Judicial Conference (7.75)."
Judge Lee reported that she has taught the following law-related courses:
"JCLE - Basic Elements of Proof in the Family Court (August 1985)
Topic: Settling the Family Court Record on Appeal
Basic Federal Court Practice (September 1985)
Topic: Pretrial Orders, Sanctions & Local Rules

(5)   Reputation:

Judge Lee reported that she is not rated by Martindale-Hubbell.
(6)   Physical Health:

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

(7)   Mental Stability:

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

(1)   Constitutional Qualifications:
Based on the Commission's investigation, Mr. Mack meets the qualifications prescribed by law for judicial service
Mr. Mack was born on September 29, 1952. He is 49 years old and a resident of Charleston, South Carolina. Mr. Mack 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 1980.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Mr. Mack.
Mr. Mack 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. Mack reported that he has not made any campaign expenditures.
Mr. Mack testified he has not:

"(a)   Substance Abuse and Ethics Seminar, MUSC;

(b)   Family Law Seminar;

(c)   Tips for the Advocate;

(d)   That Was the Year that Was;

(e)   A Haven for Dissenters: SC in America;

(f)   Hot Tips: Domestic;

(g)   CLE Seminar;

(h)   Ethics Seminar;

(i)   The Art of Advocacy;

(j)   Family Court Bench/Bar;

(k)   S.C. Auto Insurance Update;

(l)   Ethics: Avoiding Grievance;

(m)   Family Court Practice."
Mr. Mack reported that he has taught the following law-related courses: "Adjunct Professor, Business Law, Charleston Southern University"
Mr. Mack reported that he has not published any books and/or articles.
(4)   Character:
The Commission's investigation of Mr. Mack did not reveal evidence of any founded grievances or criminal allegations made against him. The Commission's investigation of Mr. Mack did not indicate any evidence of a troubled financial status. Mr. Mack has handled his financial affairs responsibly.

(5)   Reputation:

Mr. Mack reported that he is not rated by Martindale-Hubbell.
(6)   Physical Health:
Mr. Mack appears to be physically capable of performing the duties of the office he seeks.
(7)   Mental Stability:
Mr. Mack appears to be mentally capable of performing the duties of the office he seeks.
(8)   Experience:
Mr. Mack was admitted to the South Carolina Bar in 1980.
He reported the following summary of his experience since law school:
"1980 - Charleston County Public Defender's Office: Public Defender in Family Court, Ninth Judicial Circuit
1980-1983 - Assistant Solicitor, Charleston County, Ninth Judicial Circuit: Duties included prosecution of juveniles in Family Court, representation of Department of Social Services in Family Court, prosecution of defendants in Charleston County Court of General Sessions.
1983-Present - Solo practice of law at 2151 Ashley Phosphate Road, Charleston, specializing in Family Court, criminal and tort representation.
Certified Family Court Mediator"
Mr. Mack provided the following regarding his Family Court experience:
"Divorce and equitable division: Yearly average representation of forty-fifty new clients in areas of divorce and equitable division in Charleston, Berkeley, Dorchester, Georgetown, Orangeburg, Colleton and Beaufort Counties.
Custody: I have extensive experience in all areas related to custody litigation in the Family Court. This includes representation of parents in custody litigation and serving as Guardian ad Litem for children in custody disputes. I am also

Mr. Mack reported that he was a candidate for Family Court for the Ninth Circuit in May 1995.
(9)   Judicial Temperament:
The Commission believes that Mr. Mack's temperament would be excellent.
(10)   Miscellaneous:
The Lowcountry Citizens Advisory Committee reported: "The Lowcountry Citizens Committee finds Ben F. Mack to be a well-qualified and highly respected candidate. The committee highly recommends Ben F. Mack's election to the position of Family Court judge."
Mr. Mack reported that he is married to Angela Demopoulos Mack. He has three children: Elizabeth Alexandra Mack, age 19; Benjamin Andrew Mack, age 16; and Anna Electra Mack, age 8."
Mr. Mack reported that he was a member of the following bar associations and professional associations:
"(a)   South Carolina Bar;
(b)   Certified Family Court Mediator."
Mr. Mack provided that he was a member of the following civic, charitable, education, social, or fraternal organizations:
"(a)   Vestry Member, St. Stephens Episcopal Church, Charleston;
(b)   Gibbs Museum of Art, South Carolina."

(1)   Constitutional Qualifications:
Based on the Commission's investigation, Mr. Maddox meets the qualifications prescribed by law for judicial service as a Circuit Court judge.
Mr. Maddox was born on June 14, 1958. He is 43 years old and a resident of Anderson, South Carolina. Mr. Maddox provided in his application that he has been a resident of South

2000-2001

I am currently involved in two Federal Class Actions that have required numerous appearances in District Court.
(b)   State: I have appeared in State Court either in civil, criminal or domestic matters on average twice a week for the past five years."
Mr. Maddox reported that the percentage of his practice involving civil, criminal, and domestic matters during the last five years as follows:
"(a)   Civil:   30%
(b)   Criminal: 10%
(c)   Domestic: 60%"
Mr. Maddox reported the percentage of his practice in trial court during the last five years as follows:
"(a)   Jury:   10%
(b)   Non-jury: 90%"
Mr. Maddox provided that he most often served as "both as sole counsel and as co-counsel."
The following is Mr. Maddox's account of his five most significant litigated matters:
"(a)   State v. Young. I was appointed co-counsel in the sentencing phase of Kevin Dean Young. The State had obtained a guilty verdict and sentence of death in a prior trial. The case was remanded to the Circuit Court for the retrial of the penalty phase only. A jury was

(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge McFaddin meets the qualifications prescribed by law for judicial service as a Family Court judge.
Judge McFaddin was born on November 4, 1954. He is 47 years old and a resident of Gable, South Carolina. Judge McFaddin 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 1985.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge McFaddin.
Judge McFaddin 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 McFaddin reported to the House and Senate Ethics Committees that he has made the following campaign expenditures: "As of July 11, 2001: Copies $36.50; postage $68.00; paper $12.00; envelopes $24.00."
Judge McFaddin 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 McFaddin 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 McFaddin to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.

Ethical Considerations in Family Law;

Magistrate's Mandatory School (1 week);
1999     Criminal Domestic Violence;

'Hot Tips' in Family Law;

Traffic Laws;
1998     Family Court Update;
1997     'Hot Tips' in Family Law;

Family Law Bench/Bar;

Ethics in Family Law;
1996     Alternative Dispute Resolution;

Medicare & Medicaid;
1995     'Hot Tips' in Family Law;

Adoption;

Suing the Federal Government;
1994     Defending Juveniles in Family Court;

DUI Defense;

Trial Practice."
Judge McFaddin reported that he has taught the following law-related courses: "In 1990/1991 I taught at Central Carolina Technical College in the Paralegal Division. I taught (1) Trusts/Estates (2) Personal Injury (3) Workers Compensation."
Judge McFaddin reported that he has not published any books and/or articles.
(4)   Character:
The Commission's investigation of Judge McFaddin did not reveal evidence of any founded grievances or criminal allegations made against him. The Commission's investigation did reveal evidence of a troubled financial status. However, the Commission is satisfied that Judge McFaddin is now handling his financial affairs responsibly.

The Commission also noted that Judge McFaddin 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.

"(a)   federal:   I was admitted to federal court, but I never had a case in that court.

(b)   state:     In the five years before I became a magistrate in 1998, I practiced all the time in state court: family, civil, magistrate, some probate, some criminal"
Judge McFaddin reported that the percentage of his practice involving civil, criminal, and domestic matters during the last five years as follows:
"(a)   civil:   25%
(b)   criminal: 10%
(c)   domestic: 65%"
Judge McFaddin reported the percentage of his practice in trial court during the last five years as follows:
"(a)   jury: Regarding my civil cases, only 1-2% went to a jury. Almost all civil cases settled before trial or 'on the courthouse steps.'

(2)   The world wants results, not excuses.

(3)   People do what they want to do.
(4)   How a person treats the powerless is more revealing than how he treats the powerful.

(5)   Speak to people."

(1)   Constitutional Qualifications:
Based on the Commission's investigation, Mr. Mullinax meets the qualifications prescribed by law for judicial service as a Circuit Court judge.
Mr. Mullinax was born on May 30, 1945. He is 56 years old and a resident of Anderson, South Carolina. Mr. Mullinax 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 1973.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Mr. Mullinax.
Mr. Mullinax 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. Mullinax reported that he has made $57.80 in campaign expenditures for: "stamps on letters to members of the General Assembly announcing my intent to be a candidate for judicial office."
Mr. Mullinax testified he has not:
(a)   sought or received the pledge of any legislator prior to screening;

(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Murphy meets the qualifications prescribed by law for judicial service as a Circuit Court judge.
Judge Murphy was born on August 2, 1944. He is 57 years old and a resident of North Augusta, South Carolina. Judge Murphy provided in his application that he has been a resident

(d)   Probate Seminars."
Judge Murphy reported that he has taught the following law-related courses: "I taught Fundamentals of Business Law at University of South Carolina-Aiken for a summer session and fall semester. This course involved all aspects of business law and was taught to juniors on college level."
Judge Murphy reported that he has not published any books and/or articles.

(4)   Character:
The Commission's investigation of Judge Murphy did not reveal evidence of any founded grievances or criminal allegations made against him. The Commission's investigation of Judge Murphy did not indicate any evidence of a troubled financial status. Judge Murphy has handled his financial affairs responsibly.
The Commission also noted that Judge Murphy 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 Murphy reported that his Martindale-Hubbell rating is "BV."
(6)   Physical Health:
Judge Murphy appears to be physically capable of performing the duties of the office he seeks.
(7)   Mental Stability:
Judge Murphy appears to be mentally capable of performing the duties of the office he seeks.
(8)   Experience:
Judge Murphy was admitted to the South Carolina Bar in 1969.
Judge Murphy provided the following information regarding his legal experience:
"July 7, 1969 to November 30, 1971 - Special Agent, Federal Bureau of Investigation;
December 1, 1971 to July 1, 1973 - Coleman and Murphy, Edgefield, South Carolina;
July 1, 1973 to December 31, 1974 - Associate, O. Douglas Smith, North Augusta, South Carolina;
January 1, 1975 to May 15, 2000 - Smith and Murphy, North Augusta, South Carolina;
May 15, 2000 to present date - Thomas P. Murphy, P.C.
My law practice has been one of a general nature since its inception with strong emphasis on real estate for the first five years. The emphasis then changed to Family Law for a period of approximately ten years. The remaining years have seen more emphasis on trial litigation and probate practice."

(1)   Constitutional Qualifications:
Based on the Commission's investigation, Ms. Rita J. Roache meets the qualifications prescribed by law for judicial service as a Family Court judge.
Ms. Roache was born on May 13, 1960. She is 41 years old and a resident of Mount Pleasant, South Carolina. Ms. Roache 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 1988.
A question did arise as to whether Ms. Roache meets the residency requirements for this position. Ms. Roache lists Cary, North Carolina on her credit history as a former address for 1999. Ms. Roache explained that her husband lived in Cary, North Carolina, in 1999; however, she maintained her residency in Mount Pleasant, South Carolina. The Cary, North Carolina address was listed on the credit report because Ms. Roache received mail at that location. Ms. Roache maintained her driver's license, voter registration, and law practice in South Carolina. She has provided an affidavit and supporting exhibits to verify this information.

The Commission found Ms. Roache to be intelligent and knowledgeable. Her performance on the Commission's practice and procedure questions met expectations.
Ms. Roache described her continuing legal or judicial education during the past five years as follows:
"(a)   Varied courses with a concentration in Family Law.
(b)   Certified as an arbitrator for National Association of Securities Dealers, also attended training for certification as Circuit Court arbitrator.
(c)   Exceeded required number of hours most years."
Regarding the teaching of law-related courses, Ms. Roache reported that she "participated in a panel for an Ethics CLE sponsored by the S.C. Bar. We discussed vignettes and the ethical considerations.

(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Scott meets the qualifications prescribed by law for judicial service.
Judge Scott was born on August 21, 1949. He is 52 years old and a resident of Columbia, South Carolina. Judge 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 Judge Scott. The Commission found Judge Scott to be highly ethical.
Judge Scott demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to

(e)   CLE, The Masters in Trial, Dec. 12, 1997;
(f)   CLE, S.C. Circuit Court Arbitrator Certification Training, USC, Jun. 26, 1998;
(g)   CLE, Professionalism in Practice, USC, Nov. 20, 1998;
(h)   Administrative Law: Fair Hearing, Jun. 14, 1999;
(j)   Judicial and Administrative Review, Sept. 15, 1999;
(i)   3rd Annual Southern States Seminar, Mar. 17, 2000;
(k)   NAALJ Annual Conference 2000, Oct. 14, 2000;
(l)   Objections at Trial, Feb., 23, 2001."

Judge Scott reported that he is listed but not rated by Martindale-Hubbell.
Judge Scott reported the following information relative to military service: "United States Army Reserve, May 1971-1979, Captain, Honorable Discharge."
Judge Scott reported that he was elected by the General Assembly to serve as Commissioner of the Public Service Commission, July 1994 to June 1999.
The Commission noted that Judge Scott has a reputation of being an ethical and hard-working judge.
(6)   Physical Health:
Judge Scott appears to be physically capable of performing the duties of the office he seeks.
(7)   Mental Stability:
Judge Scott appears to be mentally capable of performing the duties of the office he seeks.

(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Spruill meets the qualifications prescribed by law for judicial service as a Family Court judge.
Judge Spruill was born on May 31, 1944. He is 57 years old and a resident of Cheraw, South Carolina. Judge Spruill 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 1970.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge Spruill.
Judge Spruill 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 Spruill reported that he has not made any campaign expenditures.
Judge Spruill testified he has not:

(a)   Darwin vs. Darwin; 5-31-01;

(b)   Kochenower vs. Kochenower; 11-29-94"
(9)   Judicial Temperament:
The Commission believes that Judge Spruill's temperament has been and would continue to be excellent.
(10)   Miscellaneous:
The Pee Dee Citizens Advisory Committee reported: "The committee is of the opinion that Judge Spruill is qualified for the position of family court judge. As a result of its investigation and interview with Judge Spruill, the committee recommends/approves this candidate without reservation."
Judge Spruill is married to Sarah Patrick Cain. He has two children: Sarah Patrick Spruill, age 25, and Eleanor Calder Spruill, age 23.
Judge Spruill reported that he was a member of the South Carolina Bar.
Judge Spruill provided that he was a member of the following civic, charitable, education, social, or fraternal organizations:

(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Stilwell meets the qualifications prescribed by law for judicial service
Judge Stilwell was born on November 6, 1935, in Spartanburg, South Carolina. He is 66 years old and a resident of Greenville, South Carolina. Judge Stilwell 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 1961.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge Stilwell.
Judge Stilwell 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 Stilwell reported that he has not made any campaign expenditures.

(b)   Global Protection Corp. v. Halbersberg, cert. Denied;

(c)   Reiland v. Southland Equipment, cert. Dismissed;
(d)   Meyer v. Piggly Wiggly; affirmed by Supreme Court on cert. 338 S.C. 471, 527 S.E.2d 761 (2000); and

(e)   Dodge v. Dodge."
Judge Stilwell further provided: "I have had no outside employment while I have served as a judge. I was an unsuccessful candidate for the office of State Senator, District 6, in the general election held in November 1984, and I was an unsuccessful candidate for a seat on the South Carolina Court of Appeals in an election in a joint session of the General Assembly on March 21, 1995."
(9)   Judicial Temperament:
The Commission believes that Judge Stilwell's temperament has been and would continue to be excellent.
(10)   Miscellaneous:
The Upstate Citizens Advisory Committee reported: "Judge Stilwell was found to be a most competent and excellent jurist. His qualifications greatly exceed the expectations set forth in the evaluative criteria."
Judge Stilwell is married to Robin Laverne Scarborough Stilwell. He has four children. Rivers S. Stilwell, born 12/28/64; Robin B. Stilwell, born 12/20/66; Jason D. Stilwell, born 11/21/71; and Allison E. Stilwell Russell; born 11/14/72.
Judge Stilwell reported that he was a member of the following bar associations and professional associations:
"(a)   South Carolina Bar. I served as a member of the committee on continuing legal education for several years in the early 1980s, and was appointed to the local upstate division of the resolution of fee disputes board in the mid-1980s;
(b)   Greenville County Bar Association; I was secretary for several years in the late 1960s or early 1970s."
Judge Stilwell provided that he was a member of the following civic, charitable, education, social, or fraternal organizations:
"(a)   Mars Hill College Alumni Association;

(1)   Constitutional Qualifications:
Based on the Commission's investigation, Ms. Swope meets the qualifications prescribed by law for judicial service
Ms. Swope was born on April 27, 1966. She is 35 years old and a resident of Charleston, South Carolina. Ms. Swope 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 1991.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Ms. Swope.
Ms. Swope 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. Swope reported that she has spent $131.20 for postage during this campaign.
Ms. Swope 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;

Business Ethics: Discussion and evaluation of various case studies involving issues of business ethics;

Business Law I: Overview of American Justice System, civil and criminal;

Business Law II: Continuation of Business Law I with emphasis on commercial paper and the U.C.C.;

Juvenile Justice: Overview of the juvenile justice system and the history and development of same;

Labor Law: Overview of labor law and related management principles;
Institute for Legal Education; Instructor; 1993-1994; Taught an intensive, fast paced paralegal studies course through the University of South Carolina, Continuing Education Division."
Ms. Swope reported that she has not published any books and/or articles.
(4)   Character:
The Commission's investigation of Ms. Swope did not reveal evidence of any founded grievances or criminal allegations made against her. The Commission's investigation of Ms. Swope did not indicate any evidence of a troubled financial

(1)   Constitutional Qualifications:
Based on the Commission's investigation, Justice Waller meets the qualifications prescribed by law for judicial service
Justice Waller was born on October 31, 1937. He is 64 years old and a resident of Mullins, South Carolina. Justice Waller 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 1963.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Justice Waller.
Justice Waller 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 Waller reported that he has not made any campaign expenditures.
Justice Waller 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.
Justice Waller 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 Justice Waller to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.

Mid-Year Meeting Section Seminar;
8/21/97   SCCA Judicial Conference, 8.00;
1998
1/23/98   13/th Annual Criminal Law Update, 6.50;
8/13/98   1998 Annual Convention, 14.50;
8/20/98   Judicial Conference, 8.25;
1999
1/22/99   14/th Annual Criminal Law Update, 7.00;
8/05/99   1999 Annual Convention, 12.00;
8/19/99   Judicial Conference, 7.25;
2000
2/18/00   SCB A Haven for Dissenters: S.C. In America, 6.00;
8/16/00   SCCA Annual Judicial Conference, 7.75;
8/03/00   SCTLA 2000 SCTLA Convention, 2.00;
1/21/00   SCB 15th Annual Criminal, 6.00."
Justice Waller reported that he has taught the following law-related courses: "While a circuit judge, I taught at the new judges school, judicial ethics and participated in discussions mostly involving ethics."
Justice Waller reported that he has not published any books and/or articles.

(4)   Character:
The Commission's investigation of Justice Waller did not reveal evidence of any founded grievances or criminal allegations made against him. The Commission's investigation of Justice Waller did not indicate any evidence of a troubled financial status. Justice Waller has handled his financial affairs responsibly.

"(a)   Al-Shabazz v. State, 338 S.C. 354, 527 S.E.2d 742 (2000)
(b)   Simmons v. Tuomey Regional Medical Center, 341 S.C. 32, 533 S.E.2d 312 (2000);
(c)   Osprey, Inc. v. Cabana Limited Partnership, 340 S.C. 367, 532 S.E.2d 269 (2000);
(d)   I'On, L.L.C. v. Town of Mt. Pleasant, 338 S.C. 406, 526 S.E.2d 716 (2000);
(e)   State-Record Co., Inc. v. State, 332 S.C. 346, 504 S.E.2d 592 (1998), cert. denied, 526 U.S. 1050, 119 S.Ct. 1355, 143 L.Ed.2d 517 (1999)."
Justice Waller stated that he was a candidate for the South Carolina Supreme Court in 1991. He withdrew after screening and before the election.
(9)   Judicial Temperament:
The Commission believes that Justice Waller's temperament has been and would continue to be excellent.
(10)   Miscellaneous:
The Pee Dee Citizens Advisory Committee reported: "The committee is of the opinion that Justice Waller is qualified for the position of Associate Justice, Supreme Court of South Carolina. As a result of its investigation and interview with Justice Waller, the committee recommends/approves this candidate without reservation."
Justice Waller is married to Debra Meares Waller. He has four children. John Henry Waller III, age 33; Melissa McLaurin Waller Spearman, age 30; Ryan Meares Waller, age 17; and Rand Ellis Waller, age 11.
Justice Waller reported that he was a member of the following bar associations and professional associations:
"(a)   South Carolina Bar;
(b)   Marion County Bar;
(c)   American Bar Association (formerly)."
Justice Waller provided that he was a member of the following civic, charitable, education, social, or fraternal organizations:
"(a)   Mason;
(b)   Shriners;

The following candidates were found qualified and are nominated:
Justice John H. Waller, Jr.   Supreme Court, Seat 4
Judge H. Samuel Stilwell   Court of Appeals, Seat 7
Leroy Ellis Davis   Circuit Court, At-Large Seat 7
J. Cordell Maddox, Jr.   Circuit Court, At-Large Seat 7
Michael F. Mullinax   Circuit Court, At-Large Seat 7
Judge Alison Renee Lee   Circuit Court, At-Large Seat 11
Judge James E. Brogdon, Jr.   Circuit Court, At-Large Seat 12
Judge John L. Breeden, Jr.   Circuit Court, At-Large Seat 13
Gordon B. Jenkinson   Family Court for the 3rd Judicial Circuit, Seat 1
Judge George M. McFaddin, Jr. Family Court for the 3rd Judicial Circuit, Seat 1
Judge James A. Spruill III   Family Court for the 4th Judicial Circuit, Seat 3
Judge Walter B. Brown, Jr.   Family Court for the 6th Judicial Circuit, Seat 2
Jocelyn B Cate   Family Court for the 9th Judicial Circuit, Seat 5

Respectfully submitted,
Senator Glenn F. McConnell   Rep. F.G. Delleney, Jr.
Senator Thomas L. Moore   Rep. James G. McGee III
Senator James H. Ritchie, Jr.   Rep. Fletcher N. Smith, Jr.
John P. Freeman   Judge Curtis G. Shaw
Amy Johnson McLester   Richard S. Fisher
Received as information.

The Senate returned to the House with amendments the following:

H. 4471 (Word version) -- Rep. Clyburn: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 3 AND 4, 2002, BY THE STUDENTS OF A SCHOOL IN THE EDGEFIELD COUNTY SCHOOL DISTRICT WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

The Senate amendments were agreed to, and the Joint Resolution having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

The following was received from the Senate:

Columbia, S.C., January 16, 2002
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 3477:

H. 3477 (Word version) -- Reps. Vaughn, Tripp, Hamilton, Easterday, Leach, Haskins, Wilkins and Cato: A BILL TO AUTHORIZE THE SCHOOL DISTRICT OF GREENVILLE COUNTY TO CHARGE AND COLLECT MATRICULATION AND INCIDENTAL FEES FROM PUPILS AND TO PROVIDE FOR WAIVER OF THESE FEES UNDER CERTAIN CONDITIONS.
and asks for a Committee of Conference and has appointed Senators J. V. Smith, Fair and Anderson of the Committee of Conference on the part of the Senate.

Very respectfully,
President

Whereupon, the Chair appointed Reps. VAUGHN, LEACH and F. N. SMITH to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

The following was introduced:

H. 4528 (Word version) -- Reps. Lee, Allison, Davenport, Littlejohn, Sinclair, W. D. Smith, Talley and Walker: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE WILLIAMS STREET BRIDGE IN SPARTANBURG IN HONOR OF MAYOR JAMES E. TALLEY, AND INSTALL APPROPRIATE MARKERS OR SIGNS CONTAINING THE WORDS "JAMES E. TALLEY BRIDGE" TO

On motion of Rep. ALLISON, with unanimous consent, the following was taken up for immediate consideration:

H. 4529 (Word version) -- Rep. Allison: A CONCURRENT RESOLUTION ACKNOWLEDGING THE NEED FOR INCREASED AWARENESS AND UNDERSTANDING OF MENTAL ILLNESS AND RECOGNIZING MAY AS MENTAL HEALTH MONTH.

Whereas, mental health is critical for the well-being and vitality of our families, businesses, and communities; and

Whereas, mental illness will strike one in five Americans in a given year regardless of age, gender, race, ethnicity, religion, or economic status; and

Whereas, one in five children suffers from a diagnosable mental or emotional disorder, and one in ten has a serious disorder which, if untreated, can lead to school failure, addiction, and even suicide; and

Whereas, the South Carolina Department of Mental Health observes Mental Health Month each year in May to raise awareness of mental health, mental illnesses, and insurance discrimination against people with mental illnesses; and

Whereas, the South Carolina Department of Mental Health will be launching a full-scale, statewide public awareness campaign entitled "Mental Illness, It's Not What You Think" during Mental Health Month to combat the stereotypes associated with mental illness. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the General Assembly recognize May as Mental Health Month and call upon all citizens, government agencies,

Be it further resolved that a copy of this resolution be forwarded to the South Carolina Department of Mental Health.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

The following Bills were introduced, read the first time, and referred to appropriate committees:

H. 4530 (Word version) -- Rep. Sharpe: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 93 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL ISSUE "PROJECT PET" SPECIAL LICENSE PLATES, AND PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THESE SPECIAL LICENSE PLATES TO LOCAL PRIVATE NONPROFIT GROUPS OFFERING ANIMAL SPAYING AND NEUTERING SERVICES.
Referred to Committee on Education and Public Works

H. 4531 (Word version) -- Reps. Klauber and Taylor: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-7-11 SO AS TO PROVIDE THAT A TWO DOLLAR FEE MUST BE ASSESSED AGAINST A PERSON CHARGED WITH A TRAFFIC OFFENSE, AND TO PROVIDE THAT THE COMPTROLLER GENERAL MUST PLACE THIS FEE INTO A SPECIAL ACCOUNT AND DISTRIBUTE IT TO SOUTH CAROLINA CRIME STOPPERS.
Referred to Committee on Judiciary

S. 877 (Word version) -- Senator Land: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF SCHOOL DISTRICT NO. 3 OF CLARENDON COUNTY TO ISSUE GENERAL OBLIGATIONS BONDS OF THE DISTRICT UP TO ITS CONSTITUTIONAL DEBT LIMIT TO FUND AN OPERATING DEFICIT AND CURRENT OPERATING

The roll call of the House of Representatives was taken resulting as follows:

Allen                  Allison                Altman
Askins                 Bales                  Barfield
Barrett                Battle                 Bingham
Bowers                 Breeland               Brown, G.
Brown, J.              Brown, R.              Campsen
Carnell                Cato                   Chellis
Clyburn                Coates                 Cobb-Hunter
Cooper                 Dantzler               Davenport
Delleney               Easterday              Edge
Emory                  Fleming                Freeman
Frye                   Gilham                 Gourdine
Govan                  Hamilton               Harrell
Haskins                Hayes                  Hines, J.
Hines, M.              Hinson                 Hosey
Howard                 Huggins                Keegan
Kelley                 Kennedy                Kirsh
Klauber                Knotts                 Koon
Law                    Leach                  Lee
Limehouse              Littlejohn             Lloyd
Loftis                 Lourie                 Lucas
Mack                   Martin                 McCraw
McGee                  McLeod                 Meacham-Richardson
Merrill                Miller                 Moody-Lawrence
Neal, J.M.             Neilson                Ott
Owens                  Phillips               Rhoad
Rice                   Riser                  Rivers
Robinson               Sandifer               Scarborough
Sheheen                Sinclair               Smith, F.N.
Smith, G.M.            Smith, J.E.            Smith, W.D.
Snow                   Stille                 Stuart
Talley                 Taylor                 Thompson
Townsend               Tripp                  Trotter

Vaughn                 Walker                 Webb
Weeks                  Whatley                Whipper
White                  Wilder                 Wilkins
Witherspoon            Young, A.              Young, J.

I came in after the roll call and was present for the Session on Thursday, January 17.

Creighton Coleman                 Roland Smith
Skipper Perry                     Donald C. Smith
Bill Cotty                        Charles Sharpe
Edith Rodgers                     Anne Parks
Todd Rutherford                   James Harrison
Alex Harvin                       Richard Quinn
John Scott                        Douglas Jennings
Joseph Neal

The SPEAKER granted Rep. SIMRILL a leave of absence for the day.

Announcement was made that Dr. Boyce Tollison of Easley is the Doctor of the Day for the General Assembly.

Reps. W. D. SMITH and LEE and the Spartanburg Delegation presented to the House the Spartanburg High School Vikings Football Team, Class AAAA-Division One Champions, their coaches and other school officials.

In accordance with House Rule 5.2 below:
"5.2   Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names

Bill Number:   H. 4509 (Word version)
Date:   ADD:
01/17/02   BINGHAM

Bill Number:   H. 4416 (Word version)
Date:   ADD:
01/17/02   BARRETT

Bill Number:   H. 4420 (Word version)
Date:   ADD:
01/17/02   BARRETT

Bill Number:   H. 4425 (Word version)
Date:   ADD:
01/17/02   BARRETT

Bill Number:   H. 4507 (Word version)
Date:   ADD:
01/17/02   SNOW

Rep. KNOTTS arose to a Point of Personal Privilege.

The following Bills and Joint Resolution were taken up, read the third time, and ordered sent to the Senate:

H. 4502 (Word version) -- Reps. Walker and Davenport: A BILL TO AMEND ACT 939 OF 1954, AS AMENDED, RELATING TO THE CREATION OF THE INMAN-CAMPOBELLO WATER DISTRICT IN SPARTANBURG COUNTY, SO AS TO REQUIRE THAT ALL COMMISSIONERS OF THE DISTRICT MUST RESIDE IN THE DISTRICT OR IN ITS SERVICE AREA.

H. 4392 (Word version) -- Reps. Harrison, Keegan, Barfield, Sharpe, Witherspoon and Altman: A BILL TO AMEND SECTION 8-17-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM STATE EMPLOYEE GRIEVANCE RIGHTS AND PROCEDURES, SO AS TO EXEMPT PRESIDENTS OF THE SOUTH CAROLINA TECHNICAL COLLEGE SYSTEM.

H. 4498 (Word version) -- Rep. Quinn: A JOINT RESOLUTION TO PROVIDE THAT BEGINNING FEBRUARY 1, 2002 THROUGH JUNE 30, 2003, NURSING HOMES MUST PAY AN ANNUAL FRANCHISE FEE BASED UPON THE TOTAL PATIENT DAYS SERVED BY THE NURSING HOME MULTIPLIED BY A THREE DOLLAR PER PATIENT DAY FEE AND TO FURTHER PROVIDE FOR THE CALCULATION AND COLLECTION OF THIS FEE.

Rep. BINGHAM moved to adjourn debate upon the following Joint Resolution until Tuesday, March 5, which was adopted:

H. 4497 (Word version) -- Reps. Bingham, Knotts and Riser: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 3 AND 4, 2002, BY THE STUDENTS OF ANY SCHOOL IN THE LEXINGTON COUNTY SCHOOL DISTRICT TWO WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

The following Joint Resolution was taken up:

H. 4511 (Word version) -- Reps. Rice, Robinson, Trotter and Webb: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 3 AND 4, 2002, BY THE STUDENTS OF A SCHOOL IN THE PICKENS COUNTY SCHOOL DISTRICT WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

Rep. RICE moved to adjourn debate on the Joint Resolution.

Rep. ROBINSON moved to table the motion, which was agreed to.

The Joint Resolution was read second time and ordered to third reading.

On motion of Rep. ROBINSON, with unanimous consent, it was ordered that H. 4511 (Word version) be read the third time tomorrow.

Rep. MCGEE moved to adjourn debate upon the following Joint Resolution, which was adopted:

H. 4465 (Word version) -- Reps. Coates and McGee: A JOINT RESOLUTION TO PROVIDE FOR A BINDING REFERENDUM TO DETERMINE WHETHER OR NOT THE QUALIFIED ELECTORS OF FLORENCE COUNTY SCHOOL DISTRICT ONE FAVOR GRANTING TO THE BOARD OF TRUSTEES OF THE DISTRICT THE AUTHORITY BEGINNING IN 2002 TO RAISE THE MILLAGE FOR SCHOOL OPERATIONS BY NOT MORE THAN TEN MILLS OVER THAT LEVIED FOR THE PREVIOUS YEAR WITHOUT THE REQUIREMENT OF A REFERENDUM, AND TO GRANT SUCH LIMITED FISCAL AUTONOMY TO THE BOARD BEGINNING IN 2002 IF THE RESULTS OF THE BINDING REFERENDUM ARE IN FAVOR THEREOF.

Rep. J. YOUNG moved to adjourn debate upon the following Bill, which was adopted:

H. 4525 (Word version) -- Rep. Harvin: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF SCHOOL DISTRICT NO. 3 OF CLARENDON COUNTY TO ISSUE GENERAL OBLIGATIONS BONDS OF THE DISTRICT UP TO ITS CONSTITUTIONAL DEBT LIMIT TO FUND AN OPERATING DEFICIT AND CURRENT OPERATING EXPENDITURES; TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THE PROCEEDS MAY BE EXPENDED; AND TO MAKE PROVISION FOR THE PAYMENT OF THE BONDS.

Rep. J. YOUNG moved to adjourn debate upon the following Bill, which was adopted:

H. 4526 (Word version) -- Rep. Harvin: A BILL TO AMEND ACT 593 OF 1986 RELATING TO THE ELECTION AND APPOINTMENT OF THE BOARD OF TRUSTEES OF SCHOOL DISTRICT 1 IN CLARENDON COUNTY, SO AS TO INCREASE THE APPOINTED MEMBERS OF THE BOARD FROM TWO TO FOUR AND TO ESTABLISH TWO-YEAR TERMS FOR ALL MEMBERS APPOINTED AFTER 2001.

Rep. COOPER moved that the House recur to the Morning Hour, which was agreed to.

On motion of Rep. QUINN, with unanimous consent, the following was taken up for immediate consideration:

H. 4532 (Word version) -- Reps. Quinn, Allison, Klauber, Barrett, Cato, Frye, Huggins, Keegan, Koon, Riser, Sandifer, Taylor, Trotter, Walker, Witherspoon and A. Young: A CONCURRENT RESOLUTION SUPPORTING PRESIDENT BUSH'S ECONOMIC SECURITY PLAN.

Whereas, President Bush's plan reduces taxes for low and moderate income households, ensuring that the most vulnerable workers will have more money in their pockets; and

Whereas, President Bush's plan promotes new job creation; and

Whereas, President Bush's plan provides three billion dollars in special national emergency grants to help displaced workers maintain health coverage, supplement their income, and receive job training; and

Whereas, President Bush's plan makes eleven billion dollars available to states to help low-income workers obtain health insurance; and

Whereas, President Bush's plan encourages affected workers to take advantage of more than six billion dollars in existing federal job search, training, and placement programs; and

Whereas, President Bush's plan encourages businesses to invest in new equipment and resources, allowing them to make purchases they might not otherwise have been able to afford; and

Whereas, President Bush's plan gives consumers more to spend and invest, and gives businesses and entrepreneurs more resources to help them retain or create more jobs; and

Whereas, President Bush's plan reduces taxes for low and moderate income households beyond relief already approved by Congress, ensuring that the most vulnerable workers will have more money in their pockets; and

Whereas, the economic security package has passed the United States House of Representatives twice and has bipartisan majority support in the United States Senate. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

Be it further resolved that a copy of this resolution be forwarded to South Carolina's elected representatives in the United States Senate.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

The following was introduced:

H. 4533 (Word version) -- Reps. Quinn, Allison, Klauber, Battle, Cato, Frye, Huggins, Keegan, Koon, Riser, Sandifer, Taylor, Trotter, Walker, Witherspoon and A. Young: A HOUSE RESOLUTION REQUESTING THE CONGRESSIONAL DELEGATION OF THE STATE OF SOUTH CAROLINA WORK TO IMPLEMENT A NATIONAL MISSILE DEFENSE SYSTEM.
The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

The following was introduced:

H. 4534 (Word version) -- Reps. Quinn, Allison, Klauber, Barrett, Cato, Frye, Huggins, Keegan, Koon, Riser, Sandifer, Taylor, Trotter, Walker, Witherspoon and A. Young: A HOUSE RESOLUTION REQUESTING THE CONGRESSIONAL DELEGATION OF THE STATE OF SOUTH CAROLINA WORK TO PERMANENTLY REPEAL THE DEATH TAX.
The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

The following was introduced:

H. 4535 (Word version) -- Reps. Quinn, Allison, Klauber, Barrett, Cato, Frye, Huggins, Keegan, Koon, Riser, Sandifer, Taylor, Trotter, Walker, Witherspoon and A. Young: A CONCURRENT RESOLUTION

The following was introduced:

H. 4536 (Word version) -- Reps. Quinn, Allison, Klauber, Barrett, Cato, Frye, Huggins, Keegan, Koon, Riser, Sandifer, Taylor, Trotter, Walker, Witherspoon and A. Young: A CONCURRENT RESOLUTION REQUESTING THE CONGRESSIONAL DELEGATION OF THE STATE OF SOUTH CAROLINA WORK TO IMPLEMENT A NATIONAL MISSILE DEFENSE SYSTEM.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

On motion of Rep. QUINN, with unanimous consent, the following was taken up for immediate consideration:

H. 4537 (Word version) -- Reps. Quinn, Allison, Klauber, Barrett, Cato, Frye, Huggins, Keegan, Koon, Riser, Sandifer, Sinclair, Taylor, Trotter, Walker and A. Young: A HOUSE RESOLUTION HONORING AMERICA'S LEADERS FOR THEIR EFFORTS IN THE WAR AGAINST TERRORISM.

Whereas, Secretary of State Colin Powell has led a successful effort to build a worldwide coalition to fight terrorism; and

Whereas, Secretary of Defense Donald Rumsfeld has led a successful military effort against sponsors of terrorism abroad; and

Whereas, Director of Homeland Security Tom Ridge is leading the effort to build an effective defense against the terrorist threat; and

Whereas, the men and women of the United States Army, Navy, Air Force, Marine Corps, and Coast Guard have shown great courage and sacrifice, protecting the American people from the threat of international terrorism. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives of the State of South Carolina, by this resolution, express gratitude to President George W. Bush, the President's cabinet, and the men and women of the United States armed forces for their leadership and sacrifice, and declare our support for this long and difficult war on terrorism.

Be it further resolved that a copy of this resolution be forwarded to President George W. Bush.

The Resolution was adopted.

On motion of Rep. QUINN, with unanimous consent, the following was taken up for immediate consideration:

H. 4538 (Word version) -- Reps. Quinn, Allison, Klauber, Battle, Cato, Frye, Huggins, Keegan, Koon, Riser, Sandifer, Sinclair, Taylor, Trotter, Walker, Witherspoon and A. Young: A HOUSE RESOLUTION SUPPORTING PRESIDENT BUSH'S ECONOMIC SECURITY PLAN.

Whereas, President George W. Bush has proposed a bipartisan economic security package to protect jobs; and

Whereas, President Bush's plan reduces taxes for low and moderate income households, ensuring that the most vulnerable workers will have more money in their pockets; and

Whereas, President Bush's plan promotes new job creation; and

Whereas, President Bush's plan provides three billion dollars in special national emergency grants to help displaced workers maintain health coverage, supplement their income, and receive job training; and

Whereas, President Bush's plan makes eleven billion dollars available to states to help low-income workers obtain health insurance; and

Whereas, President Bush's plan encourages businesses to invest in new equipment and resources, allowing them to make purchases they might not otherwise have been able to afford; and

Whereas, President Bush's plan gives consumers more to spend and invest, and gives businesses and entrepreneurs more resources to help them retain or create more jobs; and

Whereas, President Bush's plan reduces taxes for low and moderate income households beyond relief already approved by Congress, ensuring that the most vulnerable workers will have more money in their pockets; and

Whereas, the economic security package has passed the United States House of Representatives twice and has bipartisan majority support in the United States Senate. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives of the State of South Carolina, by this resolution, instruct our elected representatives in the United States Senate to urge Senate Majority Leader Tom Daschle to allow President Bush's economic security package to receive a vote.

Be it further resolved that a copy of this resolution be forwarded to South Carolina's elected representatives in the United States Senate.

The Resolution was adopted.

On motion of Rep. QUINN, with unanimous consent, the following was taken up for immediate consideration:

H. 4539 (Word version) -- Reps. Quinn, Allison, Klauber, Barrett, Cato, Frye, Huggins, Keegan, Koon, Riser, Sandifer, Taylor, Trotter, Walker, Witherspoon and A. Young: A CONCURRENT RESOLUTION

Whereas, Secretary of State Colin Powell has led a successful effort to build a worldwide coalition to fight terrorism; and

Whereas, Secretary of Defense Donald Rumsfeld has led a successful military effort against sponsors of terrorism abroad; and

Whereas, Director of Homeland Security Tom Ridge is leading the effort to build an effective defense against the terrorist threat; and

Whereas, the men and women of the United States Army, Navy, Air Force, Marine Corps, and Coast Guard have shown great courage and sacrifice, protecting the American people from the threat of international terrorism. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the General Assembly of the State of South Carolina, by this resolution, express gratitude to President George W. Bush, the President's cabinet, and the men and women of the United States armed forces for their leadership and sacrifice, and declare our support for this long and difficult war on terrorism.

Be it further resolved that a copy of this resolution be forwarded to President George W. Bush.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

The following Bill was introduced, read the first time, and referred to appropriate committee:

H. 4540 (Word version) -- Reps. Knotts, Vaughn, Cotty, Kirsh, Miller, Allen, Cato, Easterday, Freeman, Hamilton, Haskins, Leach, Loftis, Quinn, Rice, Robinson, Sinclair, J. R. Smith, Stille and A. Young: A BILL TO AMEND SECTIONS 12-28-2730, 50-9-910, AS AMENDED, AND 51-23-30, CODE OF LAWS OF SOUTH CAROLINA, 1976,

The following Joint Resolution was taken up:

H. 4465 (Word version) -- Reps. Coates and McGee: A JOINT RESOLUTION TO PROVIDE FOR A BINDING REFERENDUM TO DETERMINE WHETHER OR NOT THE QUALIFIED ELECTORS OF FLORENCE COUNTY SCHOOL DISTRICT ONE FAVOR GRANTING TO THE BOARD OF TRUSTEES OF THE DISTRICT THE AUTHORITY BEGINNING IN 2002 TO RAISE THE MILLAGE FOR SCHOOL OPERATIONS BY NOT MORE THAN TEN MILLS OVER THAT LEVIED FOR THE PREVIOUS YEAR WITHOUT THE REQUIREMENT OF A REFERENDUM, AND TO GRANT SUCH LIMITED FISCAL AUTONOMY TO THE BOARD BEGINNING IN 2002 IF THE RESULTS OF THE BINDING REFERENDUM ARE IN FAVOR THEREOF.

Reps. COATES and MCGEE proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11085AC02), which was adopted:
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:

(B)   If the qualified electors of the district vote in favor of the question submitted at the binding referendum, the Board of Trustees of Florence County School District One is authorized to operate the school district under the authority granted in the referendum.
SECTION   2.   This joint resolution takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.

Rep. COATES explained the amendment.
The amendment was then adopted.

The Joint Resolution, as amended, was read the second time and ordered to third reading.

On motion of Rep. COATES, with unanimous consent, it was ordered that H. 4465 (Word version) be read the third time tomorrow.

I was temporarily out of the Chamber but wholeheartedly support Amendment No. 1.

Rep. Jim McGee

I was temporarily out of the Chamber but wholeheartedly support Amendment No. 1.

Rep. Jesse E. Hines

Rep. J. YOUNG moved to adjourn debate upon the following Bill, which was adopted:

H. 4525 (Word version) -- Rep. Harvin: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF SCHOOL DISTRICT NO. 3 OF CLARENDON COUNTY TO ISSUE GENERAL OBLIGATIONS BONDS OF THE DISTRICT UP TO ITS CONSTITUTIONAL DEBT LIMIT TO FUND AN OPERATING DEFICIT AND CURRENT OPERATING EXPENDITURES; TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THE PROCEEDS MAY BE EXPENDED; AND TO MAKE PROVISION FOR THE PAYMENT OF THE BONDS.

Rep. J. YOUNG moved to adjourn debate upon the following Bill, which was adopted:

H. 4526 (Word version) -- Rep. Harvin: A BILL TO AMEND ACT 593 OF 1986 RELATING TO THE ELECTION AND APPOINTMENT OF THE BOARD OF TRUSTEES OF SCHOOL DISTRICT 1 IN CLARENDON COUNTY, SO AS TO INCREASE THE APPOINTED MEMBERS OF THE BOARD FROM TWO TO FOUR AND TO ESTABLISH TWO-YEAR TERMS FOR ALL MEMBERS APPOINTED AFTER 2001.

The following Bill was taken up:

H. 4510 (Word version) -- Reps. Stille, Simrill, Sharpe, Moody-Lawrence, Phillips, Allison, Barfield, Barrett, Bowers, Davenport, Easterday, Emory, Freeman, Gourdine, Hayes, Hinson, Hosey, Keegan, Littlejohn, Lloyd, Martin, McCraw, Merrill, J. M. Neal, Neilson, Parks, Riser, Sandifer, Sinclair, J. E. Smith, J. R. Smith, Taylor, Thompson, Trotter, Walker, White and Witherspoon: A BILL TO AMEND SECTION 43-33-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976,

Rep. STILLE made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

Rep. SHARPE moved to adjourn debate upon the following Bill until Wednesday, January 23, which was adopted:

H. 4517 (Word version) -- Reps. Sharpe and Wilkins: A BILL TO AMEND SECTION 12-28-2730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISTRIBUTION OF GASOLINE TAX TO THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO REVISE THE SECTION AND PROVIDE FOR THE CREATION OF A SPECIAL WATER RECREATIONAL RESOURCES FUND TO BE ADMINISTERED BY THE DEPARTMENT OF NATURAL RESOURCES, TO PROVIDE FOR THE APPORTIONMENT AND EXPENDITURE OF THE FUND AMONG THE COUNTIES BY THE DEPARTMENT, TO PROVIDE THAT COUNTY LEGISLATIVE DELEGATIONS MAY MAKE RECOMMENDATIONS TO THE DEPARTMENT RELATING TO ACQUISITION, CREATION, OR IMPROVEMENT OF WATER RECREATIONAL RESOURCES, AND TO PROVIDE FOR THE CERTAIN USES OF THE FUND BY THE DEPARTMENT.

On motion of Rep. TOWNSEND, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works and was referred to the Committee on Judiciary:

On motion of Rep. TOWNSEND, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works and was referred to the Committee on Ways and Means:

H. 3899 (Word version) -- Reps. Lourie, J. E. Smith, McLeod, Harvin, J. Brown, R. Brown, Clyburn, J. Hines, Hosey, Lloyd, Rodgers, Snow and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-460 SO AS TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2002-2003, A SCHOOL DISTRICT SHALL EMPLOY AT LEAST ONE FULL-TIME SCHOOL NURSE FOR EACH SEVEN HUNDRED FIFTY STUDENTS ENROLLED IN DISTRICT SCHOOLS, TO PROVIDE THAT THESE NURSES MUST BE ASSIGNED TO DISTRICT SCHOOLS IN A MANNER THAT MAXIMIZES THEIR EFFICIENT USE, AND TO PROVIDE FOR THE MANNER IN WHICH FUNDING FOR THIS REQUIREMENT IS PROVIDED.

The following Concurrent Resolution was taken up:

H. 4264 (Word version) -- Reps. Stille, Carnell and Townsend: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME STATE HIGHWAY 72 RUNNING FROM MARKER 1-1-40 IN ABBEVILLE COUNTY TO THE

Whereas, Grady L. Patterson, Jr., born in Calhoun Falls, attended Clemson University and received an undergraduate and law degree from the University of South Carolina. For eight years he served as an Assistant Attorney General before being elected to the office of State Treasurer in 1966; and

Whereas, Grady held this esteemed position for seven full terms until 1994 and was reelected in 1998. During his service as State Treasurer, Patterson was responsible for many constitutional and legislative protections which include the establishment of a reserve fund to cover budget shortfalls, an annual debt limit, and a requirement that pension funds be used only for retirement purposes; and

Whereas, he has served not only his State, but also his country. Grady Patterson was a fighter pilot in World War II, flying combat missions from Iwo Jima in the Pacific. He served in the Air Force during both the Korean War and the Berlin crisis. He has served as Chief of the South Carolina Air National Guard; and

Whereas, the members of the General Assembly believe it is a fitting tribute to State Treasurer Grady L. Patterson to name the portion of State Highway 72 near where he was born in his honor. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the General Assembly hereby request the Department of Transportation to name State Highway 72 running from marker 1-1-40 in Abbeville County to the eastern town boundary of Calhoun Falls, the "Grady L. Patterson, Jr. Highway" in honor of the dedication, love, and service Grady L. Patterson, Jr., has exhibited over

Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.

The Concurrent Resolution was adopted and sent to the Senate.

Rep. CLYBURN moved that the House do now adjourn, which was agreed to.

The Senate returned to the House with concurrence the following:

H. 4468 (Word version) -- Reps. Cobb-Hunter, Govan, Ott, Sharpe and Stuart: A CONCURRENT RESOLUTION TO COMMEND THE BRAVE MEN AND WOMEN NOW SERVING AND WHO FORMERLY SERVED AS MEMBERS OF ORANGEBURG UNITS OF THE SOUTH CAROLINA NATIONAL GUARD FOR THEIR COMMITMENT, SACRIFICE, AND OUTSTANDING SERVICE TO THEIR COMMUNITY, THE STATE, AND THE NATION AND TO DECLARE SATURDAY, JANUARY 26, 2002, AS "ORANGEBURG NATIONAL GUARD UNIT APPRECIATION DAY".

H. 4489 (Word version) -- Reps. Delleney, McGee and F. N. Smith: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, FEBRUARY 6, 2002, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUSTICE OF THE SUPREME COURT, SEAT 4, WHOSE TERM EXPIRES JULY 31, 2002; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 7, WHOSE TERM EXPIRES JUNE 30, 2002; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 7, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 11, WHOSE TERM EXPIRES JUNE 30, 2002; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 12, WHOSE TERM EXPIRES JUNE 30, 2002; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 13, WHOSE TERM EXPIRES JUNE 30, 2002; TO

H. 4521 (Word version) -- Rep. Townsend: A CONCURRENT RESOLUTION EXPRESSING SINCERE SORROW AT THE DEATH OF STERLING LEE SMITH OF LEXINGTON, NORTH CAROLINA, AND EXTENDING DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

At 11:25 a.m. the House, in accordance with the motion of Rep. KIRSH, adjourned in memory of Mrs. Inez Nivens of York, to meet at 10:00 a.m. tomorrow.

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