South Carolina Senate Journal May 17, 2002 - South Carolina Legislature Online

South Carolina General Assembly
114th Session, 2001-2002
Journal of the Senate

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Friday, May 17, 2002
(Local Session)

~~Indicates Matter Stricken~~
Indicates New Matter

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

SECOND READING BILL

The following Bill, having been read the second time, was ordered placed on the third reading Calendar:

S. 1288 (Word version) -- Senators Setzler, Knotts and Bauer: A BILL TO DIRECT THE LEXINGTON COUNTY OFFICIAL CHARGED WITH THE RESPONSIBILITY OF COLLECTING DELINQUENT TAXES, IN CONNECTION WITH THE REQUIREMENT FOR PERSONAL PROPERTY TAXES ON A WATERCRAFT AND OUTBOARD MOTOR BE CURRENT BEFORE THE TITLE TO THESE ITEMS MAY BE TRANSFERRED, THAT THIS PROHIBITION ON THE TRANSFER OF TITLE APPLIES ONLY FOR PROPERTY TAXES DUE FOR PROPERTY TAX YEARS BEGINNING AFTER 1999, THAT USED WATERCRAFT AND USED OUTBOARD MOTORS OBTAINED FROM A LICENSED DEALER ON OR AFTER OCTOBER 3, 2000, ARE FREE OF THE LIEN FOR THE PAYMENT OF PROPERTY TAXES FOR PROPERTY TAX YEARS BEFORE 2000, AND THAT NO REFUNDS OF PROPERTY TAXES ON WATERCRAFT AND OUTBOARD MOTORS ARE PAYABLE FOR PROPERTY TAX YEARS BEFORE.

By prior motion of Senator SETZLER

REPORT RECEIVED

The following was received:

Judicial Merit Selection Commission
Report of Candidate Qualifications

Date Draft Report Issued: Tuesday, May 14, 2002

Date and Time
Final Report Issued: Thursday, May 16, 2002 at 10:00 a.m.

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Judicial candidates are not free to seek
or accept commitments until
Thursday, May 16, 2002
at 10:00 a.m.

INTRODUCTION

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. The Commission is also cognizant of the need for members of the General Assembly to be able to differentiate between candidates and, therefore, has attempted to provide as detailed a report as possible.
The Judicial Merit Selection Commission is composed of ten members, four of whom are non-legislators. The Commission has continued the more in-depth screening format started in 1997. The Commission has asked candidates their views on issues peculiar to service on the court to which they seek election. These questions were posed in an effort to provide members of the General Assembly with more information about candidates and the candidates' thought processes on issues relevant to their candidacies. The Commission has also engaged in a more probing inquiry into the depth of a candidate's experience in areas of practice that are germane to the office he or she is seeking. The Commission feels that candidates should have familiarity with the subject matter of the courts for which they offer, and feels that candidates' responses should indicate their familiarity with most major areas of the law with which they will be confronted.
The Commission also used the Citizens Committees on Judicial Qualifications as an adjunct of the Commission. Since the decisions of our judiciary play such an important role in people's personal and professional lives, the Commission believes that all South Carolinians should have a voice in the selection of the State's judges. It was this desire for broad-based grassroots participation that led the Commission to create the Citizens Committees on Judicial Qualifications. These committees, composed of people from a broad range of experience (doctors, lawyers, teachers, businessmen, and advocates for varied

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organizations; members of these committees are also diverse in their racial and gender backgrounds), were asked to advise the Commission on the judicial candidates in their regions. Each regional committee interviewed the candidates from its assigned area and also interviewed other individuals in that region who were familiar with the candidate either personally or professionally. Based on those interviews and its own investigation, each committee provided the Commission with a report on their assigned candidates based on the Commission's evaluative criteria. The Commission then used these reports as a tool for further investigation of the candidate if the committee's report so warranted. Summaries of these reports have also been included in the Commission's report for your review.
The Commission conducts a thorough investigation of each candidate's professional, personal, and financial affairs, and holds public hearings during which each candidate is questioned on a wide variety of issues. The Commission's investigation focuses on the following evaluative criteria: constitutional qualifications; ethical fitness; professional and academic ability; character; reputation; physical health; mental health; and judicial temperament. The Commission's investigation includes the following:
(1) survey of the bench and bar;
(2) SLED and FBI investigation;
(3) credit investigation;
(4) grievance investigation;
(5) study of application materials;
(6) verification of ethics compliance;
(7) search of newspaper articles;
(8) conflict of interest investigation;
(9) court schedule study;
(10) study of appellate record;
(11) court observation; and
(12) investigation of complaints.
While the law provides that the Commission must make findings as to qualifications, the Commission views its role as also including an obligation to consider candidates in the context of the judiciary on which they would serve and, to some degree, govern. To that end, the Commission inquires as to the quality of justice delivered in the courtrooms of South Carolina and seeks to impart, through its questioning, the view of the public as to matters of legal knowledge and ability, judicial temperament, and the absoluteness of the Judicial Canons of Conduct as to recusal for conflict of interest, prohibition of

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ex parte communication, and the disallowance of the acceptance of gifts. However, the Commission is not a forum for reviewing the individual decisions of the state's judicial system absent credible allegations of a candidate's violations of the Judicial Canons of Conduct, the Rules of Professional Conduct, or any of the Commission's nine evaluative criteria that would impact on a candidate's fitness for judicial service.
The Commission expects each candidate to possess a basic level of legal knowledge and ability, to have experience that would be applicable to the office sought, and to exhibit a strong adherence to codes of ethical behavior. These expectations are all important, and excellence in one category does not make up for deficiencies in another.
Routine questions related to compliance with ethical Canons governing ethics and financial interests are now administered through a written questionnaire mailed to candidates and completed by them in advance of each candidate's staff interview. These issues were no longer automatically made a part of the public hearing process unless a concern or question was raised during the investigation of the candidate. The necessary public record of a candidate's pledge to uphold the canons, etc., is his completed and sworn questionnaire.
Written examinations of the candidates' knowledge of judicial practice and procedure were given at the time of candidate interviews with staff and graded on a "blind" basis by a panel of three persons designated by the Chairman. In assessing each candidate's performance on these practice and procedure questions, the Commission has placed candidates in either the "failed to meet expectations" or "met expectations" category. The Commission feels that these categories should accurately impart the candidate's performance on the practice and procedure questions.
This report is the culmination of weeks of investigatory work and public hearings. The Commission takes its responsibilities seriously as it believes that the quality of justice delivered in South Carolina's courtrooms is directly affected by the thoroughness of its screening process. Please carefully consider the contents of this report as we believe it will help you make a more informed decision.
This report conveys the Commission's findings as to the qualifications of all candidates currently offering for election to the Circuit Court in the Ninth Judicial Circuit, Seat 3, At-Large Seat 4, and the Family Court for the Fifteenth Judicial Circuit, Seat 3.

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Judge Robert N. Jenkins, Sr.
Circuit Court, At-Large Seat 4

Commission's Findings: QUALIFIED AND NOMINATED

(1) Constitutional Qualifications:

Based on the Commission's investigation, Judge Jenkins meets the qualifications prescribed by law for judicial service as a Circuit 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 has 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:

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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 consistently satisfied CLE requirements in excess of basic requirements:
(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 exposures 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

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against him. The Commission's investigation of Judge Jenkins did not indicate any evidence of a troubled financial status. Judge Jenkins has handled his financial affairs responsibly.

The Commission also noted that Judge Jenkins 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 Jenkins reported he is not rated by Martindale-Hubbell.

Judge Jenkins served in the military from 8/66 through 5/69- Reg. Air Force, E-5 (Staff Sergeant) AF11820038, and also served in the active reserve from 6/69 through 8/72; Honorable Discharge: 8/72.

Judge Jenkins has previously held public office (other than his current judicial office) in the following capacities:
"1979 - 1996 Director, Legal Services Agency of Western Carolina, Inc.- appointed through selection by quasi-public Board of Directors.
1984 - 1986 State Advisory Committee on Workers' Compensation Laws- appointed by the Governor of South Carolina.
1990 - 1996 Board of Directors, South Carolina Protection and Advocacy System for the Handicapped, Inc.- appointed by Board of Directors.
1991 - 1996 The Citadel Board of Visitors- by designation for the State Superintendent of Education.
1993 - 1996 Board of Directors, South Carolina Families for Kids- appointment by Board of Directors."
(6) Physical Health:

Judge Jenkins appears to be physically capable of performing the duties of the office he seeks.
(7) Mental Stability:

Judge Jenkins appears to be mentally capable of performing the duties of the office he seeks.
(8) Experience:

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Judge Jenkins was admitted to the South Carolina Bar in 1976.

Judge Jenkins described his legal experience since law school as follows:
"1976-79: Engaged in the active practice of law as a Staff Attorney/Managing Attorney with Legal Services Agency headquartered in Charleston, South Carolina (NLAP, Inc.).
Provided direct legal assistance to indigent clients in the areas of Family Law (50%), State/Federal Housing Law (20%), State/Federal Public Benefit Laws (15%), and State/Federal Consumer Law involved in Claim & Delivery and Deficiency Suits (10)%). Other areas of service provided included the preparation of wills and deeds; and power of attorneys for clients' financial affairs. Yearly caseload exceeded 300 cases.
In this position, I also coordinated the expansion of offices to Georgetown, Kingstree, and Beaufort Counties.
In addition, coordinated the attorneys weekly office schedule for client intake and served as the office liaison with the local courts. The office yearly caseload exceeded 5,000 cases.

1979-95: Engaged in the active practice of law as Attorney/Administrator titled: Director/General Counsel for Legal Services Agency of Western Carolina, Inc. in Greenville South Carolina.
Fifty percent of time was devoted to client practice in association with 13 staff attorneys in the areas of: Family Law Practice (50%), Federal Consumer Law (10%) and other legal services associated with the practice of Poverty Law. I was responsible for the legal services provided through offices located in Greenville, Anderson, and Greenwood, serving those areas and the adjoining counties of Edgefield, McCormick, Abbeville, Oconee, and Pickens. The yearly total caseload exceeded 4,000 cases.
Served as legal counsel for numerous local community organizations whose missions are to improve the lives of people in poverty. Examples include: Greenville's Child, Inc., Save Our Sons, Neighborhoods In Action, The Neighborhood Economic Development Corporation, and Brockwood Senior Housing Corporation.
Served as an attorney member on the Kellogg Bar & Bench Sub-Committee of Judicial Administrative Policy, recommending Family Court Rule changes affecting disposition of cases where the State is

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involved in establishing permanent placement for Foster Care children (1993-on-going).
I was responsible for the hiring and training of all staff attorneys. I was responsible for public relations with the court system and the community. I served as liaison to the local state and national bar associations.
I was responsible for managing a yearly operating budget of over one million dollars and served as the general counsel for the corporation's financial affairs with state/federal government and other regulating bodies."
Judge Jenkins further provided regarding his circuit court experience:
"My initial experience in Criminal Law Practice began through the Law School's Corrections Clinic Program where, in my senior year, under special court rule for supervised appearances, I represented inmates in Post Conviction Relief Proceedings. This essentially involved challenging their convictions based on legal defects in either the proceeding or the quality of the representation given during the prosecution of the case. This involved conducting extensive interviews with the inmates at the Central Correction Institute location, interviewing other pertinent witnesses, reviewing transcripts of the trial, and drafting pleadings and motions to challenge the convictions at the Circuit Court level.

In the past six years, as a Family Court Judge, I have presided over proceedings involving the full range of Criminal Law and Procedure in Juvenile Court. These have included taking various forms of guilty pleas, conducting Waiver hearings, Detention hearings, Adjudicatory and Dispositional hearings, and full-blown trials involving the full range of charges from misdemeanors to more serious felonies by juveniles. In these proceedings the judge acts without a jury to "find facts" and impose an appropriate sentence after receiving a history on the juvenile and his family circumstances. I have had to apply the South Carolina Rules of Criminal Procedure and Rules of Evidence in these proceedings in the same manner as applicable in the Circuit Court. During the past five years I have conducted no less that 500 cases in this area of court practice.

In the Fall of 1998, I received 40 hours of Continuing Legal Education Instructions in a four-day course entitled "Evidence in Juvenile and Family Court Proceedings" at the National Council of Juvenile and Family Court Judges School at the University of Nevada at Reno. I believe my learning curve in Criminal Law Practice will be no greater or

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less than others who have come to the Circuit Court Bench. I am a very hard worker at self-improvement in whatever I do. My approach to Circuit Court Judicial Practice will be consistent with my current Judicial record in Family Court."

Judge Jenkins provided the following regarding his civil experience:
"My past experience at Circuit Court in Civil Practice is very broad and varied. In the past eighteen years of my practice prior to becoming a Family Court Judge, I served as a Staff Attorney, Managing Attorney and Director of Legal Services Programs in Charleston and Greenville Counties. The description of my practice experience is outlined herein below and above."

Judge Jenkins reported the frequency of his court appearances prior to becoming a judge as follows:
"(a) Federal: Not frequent
(b) State: Frequent."

Judge Jenkins reported the percentage of his practice involving civil, criminal, and domestic matters prior to becoming a judge as follows:
"(a) Civil: 65%
(b) Criminal: 0%
(c) Domestic: 35%."

Judge Jenkins reported the percentage of his practice in trial court prior to becoming a judge as follows:
"(a) Jury: 2%
(b) Non-jury: 98%."

Judge Jenkins provided that prior to becoming a judge he served as solo counsel 60% of the time and associate counsel 40% of the time.

The following is Judge Jenkins' account of his five most significant litigated matters:
"(a) Fieldcrest Tenants Association, et al. v. Housing Authority of Greenville, U.S. Dist. Ct., Greenville, 1980. This case involved the prosecution of Due Process rights of public housing tenants against irregular conduct and practices of public housing management in setting improper rent, improper assessments for maintenance repairs and causing wide spread evictions for improper reasons. Prosecuted as a class action, the matter was successfully resolved by court consent in

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favor of all families living in Greenville Public Housing. It resulted in better management practices which gave proper respect for the leasehold rights of public tenants.

(b) John Plumley, et al. v. School District of Greenville and State Board of Education, U.S. 4th Cir. (Unpublished 1982, #81-1894). This case was important because right to attorneys' fees by staff lawyers were permitted at reasonable levels where prosecution is successful under Section 1983 of the federal civil statute.

(c) Greenville Housing Auth. v. Jessie Salters, 316 S.E.2d 718 (S.C. 1984). This case is important because it involved preventing a 64-year-old lady who lived in public housing all her life from being made homeless by ejectment action of the housing authority based on circumstances beyond her control.

(d) Jenkins, et al. v. American Modern Homes, et al., 90-10-5549 (Cir. Ct. Charleston County). This case involved seeking to enforce proper hazard insurance coverage for Hugo related damages against a claim of exclusion due to alleged flood damages. The issues were successfully resolved in client's favor after extensive discovery and trial preparation, thus preventing a homeless outcome for clients. (1990).

(e) Hatchcock and Shuly v. Tammy McKensie, 94-CP-23-1336 (Cir. Ct. Greenville) on Supersedeas to S.C. Supreme Court. This case involved the enforcement of client's right to continue possession of premises under the HUD Section 8 Housing Subsidy Program against improper ejectment proceeding brought by landlord. The client's mental condition complicated resolution of the issues (client is covered under the Americans with Disabilities Act (ADA). Case resolved favorable to interest of client. (1994)."

The following is Judge Jenkins' account of civil appeals he has personally handled:
"(a) Creel v. Miles, In re: Dianne Mary Miles, Supreme Court unpublished memorandum #79-179, September 1979. This case involved an unsuccessful attempt to get practical compliance with the ten-day hearing rule in cases where a minor has been taken into protective custody through DSS and law enforcement to protect rights of the parent.

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(b) Fieldcrest Tenants Association, et al. v. Housing Authority of Greenville, U.S. Dist. Ct. Greenville, 1980. This case involved the prosecution of Due Process rights of public housing tenants against irregular conduct and practices of public housing management in setting improper rent, improper assessments for maintenance repairs and causing wide spread evictions for improper reasons. Prosecuted as a class action, the matter was successfully resolved by court consent in favor of all families living in Greenville Public Housing. It resulted in better management practices which gave proper respect for the leasehold rights of public tenants.

(c) John Plumley, et al. v. School District of Greenville and State Board of Education, U.S. 4th Cir. (Unpublished 1982, #81-1894). This case was important because right to attorneys' fees by staff lawyers were permitted at reasonable levels where prosecution is successful under Section 1983 of the federal civil statute.

(d) Greenville Housing Auth. v. Jessie Salters, 316 S.E.2d 718 (S.C. 1984). This case is important because it involved preventing a 64 year old lady who lived in public housing all her life from being made homeless by ejectment action of the housing authority based on circumstances beyond her control."

Judge Jenkins reported the following regarding his prior judicial positions:
"I am now serving as a Circuit Family Court Judge for the 13th Judicial Circuit. My current term is through June 2002. This is a court of limited jurisdiction by statute covering Marital Litigation, juvenile cases, child dependency cases and other Domestic Relations Issues."

Judge Jenkins was reelected on February 6, 2002, for a term ending June 30, 2008.

The following is a list of Judge Jenkins' five most significant orders or opinions:
(a) Rourk v. Rourk, 95-DR-95-08-1178, Charleston, T.P.R. (Private Action) (Termination of Parental Rights) The decision disallows termination based on application of S.C. law.

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(b) Wham v. Simpson, et al., Greenville, 96-DR-23-5756, T.P.R. (Private Action) (Termination of Parental Rights) The decision disallows termination based on application of S.C. law.

(c) Simons v. Simons, Greenville, 98-DR-23-550, 98-DR-23-1819; (Private marital litigation involving issues of divorce, custody, child support, equitable division of property and debts, and attorney fees.) The decision voids a purported agreement due to unequal bargaining position and legal unrepresentation of the wife. It allows issues to be presented after the wife obtained competent representation.

(d) SCDSS v. Evans, et al., Greenville, 95-DR-23-5300, 97-DR-23-1073, T.P.R. (Public Action) (Termination of Parental Rights) The decision allows termination based on S.C. law application.

(e) SCDSS v. Sturkey, et al., Greenville, 99-DR-23-258, T.P.R. (Public Action) (Termination of Parental Rights). The decision allows termination based on S.C. law application. S.C. Court of Appeals 4/22/99 - Opinion #99 affirms."

Judge Jenkins has run unsuccessfully for judicial office on two occasions:
(a) Candidate for Resident Seat #2 Circuit Court of Greenville, February 2000. Withdrew before formal vote;
(b) Candidate for Judicial Seat 3, Family Court, Greenville County, 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 expectations set forth in the evaluative criteria."

The Commission noted Judge Jenkins' broad experience and recognized his reputation for treating people fairly. Members commented that Judge Jenkins is an asset to the Greenville community.

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Judge Jenkins is married to Margaret Helen (Rivers) Jenkins. He has two children: Robert Nathaniel Jenkins, Jr., age 29, and Jason Matthew Jenkins, age 21.

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, served as Chairman 1983-1996;
(f) National Project Advisory Group for Legal Services, 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:
"(a) Allen Temple A.M.E. Church, Board of Trustees; Assistant Superintendent of Sunday School; member, Finance Commission;
(b) Association of Citadel Men, member;
(c) Northwest (Travelers Rest) YMCA - Board member, 1996 - present."

Judge Jenkins provided the following additional information:
"(a) Concurrent Resolution S. 698 from the State Legislature for Outstanding Service as a Governor Appointee to the State Committee for Improvement of Workers' Compensation Law - 1987;
(b) Certification of Appreciation Award from The State Department of Youth Services for teaching the Pre-Trial Diversion Class for Juvenile - 1985;
(c) Columbia University School of Law - Completed two weeks course in Civil Procedure taught by Judge J. Weinstein (1982);
(d) Leadership South Carolina - 1983 Graduate;
(e) Leadership Greenville - 1982 Graduate;
(f) Executive Leadership Course, Center for Creative Leadership, Greensboro, North Carolina - 1989;
(g) Received Board Member of the Year Award for board and legal services work for Greenville's Child, Inc. (1993);

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(h) Received Outstanding Attorney Award for legal services rendered to the Save Our Sons, Inc. (S.O.S.), 1994. Save Our Sons is a non-profit community-based organization dedicated to reducing the rate of incarceration of African-American male juveniles by working with the Family Court System and judges as an alternative placement for structured mentoring and development;
(i) Coordinated the establishment of the Libra Society, a local volunteer organization for lawyers to give pro-bono service to indigent clients through Legal Services of Western Carolina, Inc. and the State Bar Pro-Bono Program. This has resulted in more than 115 lawyers from Greenville and Pickens Counties serving on referral panels to serve the Family and Probate Courts in the 13th Judicial Circuit;
(j) Judicial member appointed by the Chief Justice to serve on the Commission of Judicial Conduct (1996-present);
(k) Member - Family Court Judges Advisory Committee (1996-present);
(l) Chief Administrative Judge for Family Court for the 13th Judicial Circuit (Greenville and Pickens Counties) from 1/99 to 12/99;
(m) Faculty member - Family Court Judges Orientation Classes 2000/2001;
(n) Selected as one of twelve honorees on the 2001 BellSouth African-American Calendar for the State of South Carolina;
(o) Selected as the 2001 recipient of the Greenville County Human Relations Commission's R. Cooper White Award for Equality and Justice."

Gayla S.L. McSwain
Circuit Court for the Ninth Judicial Circuit, Seat 3

Commission's Findings: QUALIFIED AND NOMINATED

(1) Constitutional Qualifications:

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

Ms. McSwain was born on June 7, 1960. She is 41 years old and a resident of Goose Creek, South Carolina. Ms. McSwain 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 1989.
(2) Ethical Fitness:

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

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

Ms. McSwain 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. McSwain testified that she is aware of the Commission's 48-hour rule regarding the formal and informal release of the Screening Report.
(3) Professional and Academic Ability:

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

Ms. McSwain described the focus of her continuing legal or judicial education during the past five years as follows:
"(a) arbitration and mediation certification (40 hour course);
(b) advanced workers' compensation;
(c) premises liability;
(d) labor;
(e) ethics."

Ms. McSwain reported that she has taught the following law-related courses:
"I taught a class regarding workers' compensation law to an organization consisting of legal assistants and paralegals approximately six years ago. In 2001, I helped to present a continuing legal education seminar to the S.C. Bar that was entitled 'Objections at Trial, 2001, and How to Deal With the Difficult Lawyer.' In 2002, I helped to present a

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continuing legal education seminar to the S.C. Bar that was entitled 'Evidence Tactics That Win Cases.' I have been asked by two different organizations to present seminars but have declined due to time constraints."

Ms. McSwain reported that she has published the following:
" 'The Legal Status of Women: An Analysis of the NOW Report and Comparison of Laws in South Carolina to Laws in Other States;' published by the South Carolina Commission on Women in January of 1990; portions were 'published' by National Public Radio."
(4) Character:

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

The Commission also noted that Ms. McSwain was punctual and attentive in her dealings with the Commission, and the Commission's investigation did not reveal any problems with her diligence and industry.
(5) Reputation:

Ms. McSwain reported that her Martindale-Hubbell rating is "BV."

Ms. McSwain provided the following information about her military service:
"I served as a regular army officer on active duty from 1982 until 1986. I left the active duty army to go to law school. My discharge was under honorable conditions. My last active duty rank was captain. I last served on active duty as the Officer-in-Charge of a mobile PATRIOT battalion operations center in what was then the Federal Republic of Germany (West Germany). I then served as a reserve army officer from 1991 until 1994 having last served as a staff officer in the office of the Deputy Chief of Staff for Logistics for the 120th Army Command located at Fort Jackson, S.C. At that time, I was promoted to the rank of major. Lastly, I served in the Individual Ready Reserve (IRR) from 1994 until 1997. I resigned my army commission in 1997 because my husband was also a reserve officer, and we were fearful that both of us might be called to active duty at the same time which

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would have resulted in someone else's having to care for our child in our absence. Also, my husband had served several more years than I; my resignation allowed him to serve enough years to retire from the army with full retirement benefits to be paid in the future."
(6) Physical Health:

Ms. McSwain appears to be physically capable of performing the duties of the office she seeks.
(7) Mental Stability:

Ms. McSwain appears to be mentally capable of performing the duties of the office she seeks.
(8) Experience:

Ms. McSwain was admitted to the South Carolina Bar in 1989.

Ms. McSwain provided the following account of her legal experience:
"I have practiced with the McNair Law Firm, P.A., since being graduated from law school in 1989, becoming a shareholder (partner) in late 1996."

Ms. McSwain further provided:
"Over the past five years, I have only handled a few criminal cases to which I have been appointed by the court. It is my recollection that I defended a juvenile who was accused of assault and battery of a high and aggravated nature (while in possession of a firearm). Currently, I have been appointed to assist a man sentenced to life in prison for murder regarding his petition for post-conviction relief.

Over the past five years, my practice has been general litigation, and I have represented plaintiffs and defendants in a very diversified practice including lawsuits that have involved business torts, personal injury, workers' compensation, premises liability, ERISA, construction, contracts, employment, mechanic's liens, landlord-tenant, family law, court-appointed criminal cases, class action suit, etc. I am also a court-certified mediator and have been mediating cases for the past two years.

I lack experience in trying criminal cases. However, I believe that I am a pretty quick study. Also, while in the Army, as acting

Printed Page 2501 . . . . . Friday, May 17, 2002

Commander (in the absence of the Commander) of a PATRIOT battery of soldiers, I held summary hearings regarding soldiers subjected to an Article 15 procedure. I would compensate for the lack of experience by going to court and observing other judges while they try criminal cases. I also would attend any educational courses available. And, of course, there will be on-the-job training."

Ms. McSwain reported the frequency of her court appearances during the last five years as follows:
"(a) federal: many appearances;
(b) state: many appearances;
(c) other: many appearances before the Workers' Compensation Commission."

Ms. McSwain reported that the percentage of her practice involving civil, criminal, and domestic matters during the last five years as follows:
"(a) civil: approximately 96%
(b) criminal: 1% (court appointed)
(c) domestic: 3% (court appointed)"

Ms. McSwain reported the percentage of her practice in trial court during the last five years as follows:
"(a) jury: approximately 50%
(b) non-jury: approximately 50%"

Ms. McSwain provided that she most often served as "chief counsel; however, during four out of the last five trials in which I have participated, I was overseeing, and being a mentor to, an associate who conducted the trial in front of the jury. Regarding non-jury matters, I was most often sole counsel."

The following is Ms. McSwain's account of her five most significant litigated matters:
"(a) Evans v. Blue Cross and Blue Shield of South Carolina, 834 F. Supp. 887 (D.S.C. 1993). I represented a third party administrator of a self-insured employer's health care benefits plan. An employee wanted the employer to pay for a medical procedure called radial keratomy, laser surgery to the eyes, because she did not like to wear glasses. Despite the fact that the employee had never tried contact lenses, and despite the fact that the administrator informed her that the employer

Printed Page 2502 . . . . . Friday, May 17, 2002

would not pay for the surgery, she underwent surgery and then sued the administrator for reimbursement claiming it had breached a fiduciary duty to her. The case was governed by the Employee Retirement Income Security Act of 1974 (ERISA) which made it a non-jury matter. The court found in favor of the administrator and awarded it attorney's fees and costs. This case was significant because it helped define the role and duty of a third party administrator of an employer-sponsored health care benefits plan. It was significant also because it helped to clarify the standard of review that an appellate court must use in reviewing a decision made by an administrator to deny health care benefits to an employee. Additionally, the court awarded attorney's fees and costs to the administrator and set forth an analysis of the factors to be considered by the court to do so. (Although I tried the case from start to finish and wrote the proposed Order, Michael Duffy sat with me at counsel's table and kicked me under the table occasionally during the trial.)

(b) Wade v. Thornley and Ballenger. In the mid 1990's, I represented a 19-year-old woman who was a passenger in a car during a wreck. As a result of the wreck, she sustained severe head trauma. Luckily, Ms. Wade was able to go back to a fairly routine life but suffered a substantial reduction in her ability to earn a living. I convinced her and her family to take a structured settlement that, in addition to monthly payments to her, set up college funds for the two children that she and her husband had during the course of the litigation. Although the case has no precedential value, I believe the case was significant because the two children, despite any intervening circumstances, will have the college funds available to further their education.

(c) Nixon v. Benefit Trust Life Insurance Company. In the early 1990's, I represented a woman with breast cancer to whom reimbursement for certain health care payments had been denied by an insurance company. The insurance company opined that a drug prescribed by Ms. Nixon's treating physician was experimental and, therefore, denied reimbursement to Ms. Nixon for that treatment. The case settled for a substantial amount of money. I believe the case was significant for two reasons. First, although conjecture on my part, I believe the insurance company did not want the case to go to trial because if we had proven the drug not to be experimental, a floodgate of insurance claims would have opened. Secondly, and again,

Printed Page 2503 . . . . . Friday, May 17, 2002

speculation on my part, the insurance company began paying for the treatment probably because it was less costly than litigating future claims. Currently, the drug is no longer considered experimental and is routinely paid for by insurance companies.

(d) Blanchette v. Piggly Wiggly and Stay Shine. In the late 1990's, I represented Piggly Wiggly, a self insured entity, in a simple slip and fall premises liability case. However, I filed a cross claim against the co-defendant for equitable indemnification and requested reimbursement of attorney's fees and costs to my client. As a result of the jury's answers to special interrogatories, the judge found that my client was entitled to equitable indemnification and awarded it attorney's fees and costs. I believe the case was significant because I as able to present this particular Order to other attorneys who had sued my client on behalf of others and to convince them to take over the defense of my client as well. This arrangement saved my client the expense of having to pay me to try the other cases to jury verdicts in order to seek reimbursement of attorney's fees and costs on behalf of my client.

(e) Cheng v. Northlake Homes and Homebuyer's Warranty Company. In the early 1990's, I represented a real estate developer who had built a subdivision of hundreds of houses in Mt. Pleasant, South Carolina. The subdivision was built in a special flood zone. Five homeowners discovered that their houses were built approximately one foot below the minimum flood elevation required by the building industry and insurance regulations. This problem occurred because of an error committed by a licensed surveyor who was a sub-contractor of my client. The homeowners sued my client and the Homebuyer's Warranty Company essentially seeking compensation to rebuild their houses plus punitive damages based upon allegations of fraud. Although my client filed a third party action against the surveyor, the surveyor went into default. The first case to go to trial was Mr. Cheng's. The judge directed a verdict against my client on Mr. Cheng's breach of an implied warranty claim. Luckily, the jury awarded only $1.00 in damages against my client but awarded approximately $120,000.00 in actual damages and $175,000.00 in punitive damages against the co-defendant. I believe this case was significant because I was able to use the verdict to convince the co-defendant to settle the other four pending lawsuits with just a small contribution coming from my client."

Printed Page 2504 . . . . . Friday, May 17, 2002

Regarding civil appeals, Ms. McSwain reported:
"One of my law partners specializes in appellate practice, and, although I have been listed as an attorney of record, he just consults with me on the appeals of my cases. However, I have personally handled many workers' compensation appeals to both the full panel of the Workers' Compensation Commission and to the Circuit Court. Cases appealed beyond the circuit court on which I have appeared as an attorney of record are as follows:
(a) Katherine Senter v. Piggly Wiggly Carolina Company, 533 S.E.2d 575 (S.C. 2000);

(b) Northlake Homes, Inc. v. Continental Insurance Company, Case No. 95-CP-10-1170 (pending before the S.C. Court of Appeals)."

Ms. McSwain stated regarding prior unsuccessful candidacies:
"I was found to be qualified for the position of Master-in-Equity for Berkeley County by the Judicial Merit Selection Commission in January of 2002. I withdrew my name for consideration to be appointed to that position by the Governor because I applied for the position for which I now seek election."
(9) Judicial Temperament:

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

The Lowcountry Citizens Advisory Committee reported: "The Lowcountry Citizens Committee finds Gayla S.L. McSwain to be a well qualified and highly-respected candidate. The committee recommends Ms. McSwain's nomination as a candidate for Judge of the Ninth Judicial Circuit, Seat 3."

Ms. McSwain is married to William Joseph Harvey. She has two children, Storm McSwain Harvey, age 6, and Chance McSwain Harvey, age 3.

Printed Page 2505 . . . . . Friday, May 17, 2002

Ms. McSwain reported that she was a member of the following bar associations and professional associations:
"(a) South Carolina Bar Association;
(b) American Bar Association;
(c) American Trial Lawyers Association;
(d) South Carolina Women Lawyers Association;
(e) South Carolina Workers' Compensation Educational Association;
(f) South Carolina Self-Insured Association;
(g) Charleston County Bar Association."

Ms. McSwain provided that she was a member of the following civic, charitable, education, social, or fraternal organizations:
"(a) South Carolina Council for Conflict Resolution;
(b) Trident United Way (member of the Board of Directors);
(c) Berkeley County Chamber of Commerce;
(d) South Carolina Lawyer, articles editor."

Ms. McSwain provided the following additional information:
"I received the Daniel McLeod Scholarship to attend law school. I received several military honors and badges while on active and reserve duty including The Army Commendation Medal (2nd oakleaf cluster), Parachutist Badge, and Meritorious Service Medal."

Edward W. "Ned" Miller
Circuit Court, At-Large Seat 4

Commission's Findings: QUALIFIED AND NOMINATED

(1) Constitutional Qualifications:

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

Mr. Miller was born on September 24, 1952. He is 50 years old and a resident of Greenville, South Carolina. Mr. Miller provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1978.
(2) Ethical Fitness:

Printed Page 2506 . . . . . Friday, May 17, 2002

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

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

Mr. Miller 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. Miller testified that he is aware of the Commission's 48-hour rule regarding the formal and informal release of the Screening Report.
(3) Professional and Academic Ability:

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

Mr. Miller described his continuing legal or judicial education during the past five years as follows:
"2001 Public Defender Conference;
2000 Public Defender Conference and Federal Sentencing Guidelines;
1999 Modified Circuit Court ADR Pilot Program; Modified Family Court ADR Program; Public Defender Conference;
1998 Public Defender Conference;
1997 Advanced Federal Sentencing Guidelines; Public Defender Conference."

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

Printed Page 2507 . . . . . Friday, May 17, 2002

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

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

The Commission also noted that Mr. Miller was punctual and attentive in his dealings with the Commission, and the Commission's investigation did not reveal any problems with his diligence and industry.
(5) Reputation:

Mr. Miller reported that his Martindale-Hubbell rating is "BV."
(6) Physical Health:

Mr. Miller appears to be physically capable of performing the duties of the office he seeks.
(7) Mental Stability:

Mr. Miller appears to be mentally capable of performing the duties of the office he seeks.
(8) Experience:

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

He reported the following summary of his legal experience since law school:
"November 1978 - April 1980
Southern Bank and Trust Company; Federal Regulations Compliance Officer;

April 1980 - June 1981
Assistant Public Defender for Greenville County;
June 1981 - June 1982
Sole Practitioner in the General Practice of Law in Greenville, South Carolina;

Printed Page 2508 . . . . . Friday, May 17, 2002

July 1982 - July 2000
Miller and Paschal, Attorneys at Law
General Practice with concentration in Criminal and Civil litigation;

July 2000 - Present
Sole Practitioner with concentration in Criminal and Civil litigation."

Mr. Miller provided the following summary of his experience in criminal and civil matters:
"Experience in Criminal Matters:
My private law practice includes a significant amount of criminal work in the Court of General Sessions. Additionally, I have worked as a part-time Assistant Public Defender for Greenville County since May of 1985. I have handled thousands of criminal cases. These cases have involved a wide variety of matters including: offenses against the person (murder and all other degrees of homicide, all levels of assault and battery, all degrees of criminal sexual conduct, kidnaping and all degrees of robbery); offenses against property (all degrees of burglary and larceny, arson, forgery, breach of trust, shoplifting, and all types of financial transaction crimes); drug offenses (all types of illegal drugs and all degrees of involvement including possession, possession with intent to distribute, distribution and trafficking); traffic offenses (all degrees of driving under the influence including accidents resulting in injury and death, driving under suspension, and failure to stop for police vehicles); crimes against morality (prostitution, indecent exposure, and lewd acts); prison offenses (escape and contraband possession); and violation of probation cases.

I have defended one death penalty case which resulted in a plea to a life sentence.

I have practiced criminal law in the United States District Court for South Carolina since 1982. I have handled all types of federal offenses including drug offenses, weapons offenses, economic offenses, securities fraud, and bank robberies.

My experience in the above listed cases includes bond hearings, motion hearings, guilty pleas and jury trials to verdict.
Experience in Civil Matters:
Over the course of my career I have represented both plaintiffs and defendants in civil matters. Recently, my civil practice has included

Printed Page 2509 . . . . . Friday, May 17, 2002

personal injury cases and other torts. I have spent a significant amount of time on a federal securities fraud case that involved a shareholder class action and a claim under an officers' and directors' errors and omissions insurance policy. The securities class action case was remanded from the Fourth Circuit Court of Appeals for further factual determination concerning the parties excluded from the class, including my clients. This matter was settled subsequent to the factual hearing but prior to the ruling of the Court.

I have represented two death-sentenced inmates in Post Conviction Relief proceedings. One case resulted in denial of relief after the hearing and the second case resulted in awarding relief after the hearing.

Early in my career, I handled litigation for Southern Bank and Trust Company, including general litigation and collection work.

I have handled automobile accident cases, libel and slander cases, contract disputes, water drainage damage cases, defective products cases, matters in the Probate Court, social security disability cases, and real estate proceedings including disputes over real property and real estate closings."

Mr. Miller reported the frequency of his court appearances during the last five years as follows:
"(a) Federal: Monthly
(b) State: Weekly"

Mr. Miller reported that the percentage of his practice involving civil, criminal, and domestic matters during the last five years as follows:
"(a) Civil: 20%
(b) Criminal: 50%
(c) Domestic: 30%"

Mr. Miller reported the percentage of his practice in trial court during the last five years as follows:
"(a) Jury: 10%
(b) Non-jury: 90%"
Mr. Miller provided that he most often served as sole counsel.

Printed Page 2510 . . . . . Friday, May 17, 2002

The following is Mr. Miller's account of his five most significant litigated matters:
"(a) McCall v. Batson, 329 S.E.2d 741, 285 S.C. 243. This case was an appeal from a demurrer which was decided by the South Carolina Supreme Court in 1985. This case abolished the doctrine of Sovereign Immunity as it applied to the State and all local subdivisions of government. This case has been considered a landmark decision.

(b) State v. Anthony Caruso. This case involved the murder and armed robbery of a grocery store clerk making a night deposit. Caruso, along with two co-defendants, was charged with murder and armed robbery, and the State sought the death penalty. The case involved issues related to physical evidence, voluntariness of a confession, implicating statements of co-defendants, and the development of a mitigation defense in anticipation of a conviction. On the eve of trial the State offered a life sentence in exchange for a guilty plea, which the defendant accepted.

(c) U.S. v. Ross Cosmetics Distribution Center, Ross Freitas, et al. This multi-defendant case involved complicated international trade agreements, corporate buyouts, and business dealings which resulted in securities fraud and the resultant loss of millions of dollars by shareholders. When the fraud was revealed, the stock price plummeted from $55.00 per share to $4.00 per share. This publicly owned company, which traded on NASDAQ, was supplied by a manufacturer in England and financed by a Swiss factor. Both the manufacturer and the factor were owned, through seven Panamanian holding corporations, by the same group of investors located in Dubai. The Dubai investors gradually obtained control of Ross Cosmetics through "stock for inventory" trades. The investors illegally failed to reveal their controlling interest by using the seven holding companies to acquire the stock shares of Ross Cosmetics. The investors artificially inflated the value of the Ross Cosmetics stock by selling the English manufactured goods to Ross Cosmetics below cost, thus making Ross Cosmetics appear to have a superior profit margin and thereby driving up the value of the stock. The government returned a twenty-count indictment alleging conspiracy, securities fraud, false statement, mail fraud, and customs fraud. I represented the lead defendant, Ross Freitas, who the government originally alleged to be the mastermind of this scheme. While this case resulted in the largest criminal fine in

Printed Page 2511 . . . . . Friday, May 17, 2002

South Carolina history, Mr. Freitas plead nolo contendere to a misdemeanor and received six months probation.

(d) Richard Longworth v. State. This case was a Post Conviction Relief action involving a death-sentenced inmate. Richard Longworth was convicted in 1991 of armed robbery and two murders at the Westgate Cinemas in Spartanburg. He received the death penalty at trial. The PCR was fully litigated from the initial pleadings through a week of trial. Subsequent to post trial briefing, the trial Judge denied the requested relief. The issues raised by the Applicant at trial included: ineffective assistance of counsel due to trial counsel laboring under an actual conflict of interest by representing dual clients with divergent interests; prosecutorial use of false or inaccurate testimony; failure by the prosecution to disclose discoverable Brady material; failure of trial counsel and the trial court to inform the applicant of his right to testify at the penalty phase of his trial; failure of trial counsel to object to the trial court's improper and misleading instruction to the applicant concerning the scope of cross examination; and other general ineffective assistance of counsel claims.

(e) Federal Insurance Company v. Ross Cosmetics Distribution Center, et al. Numerous class action lawsuits were initiated against Ross Cosmetics' successor and various of its officers and directors alleging federal securities laws violations. Federal Insurance Company had issued an Executive Liability and Indemnification Policy, owned by Ross Cosmetics, to insure its officers and directors against errors and omissions. Federal Insurance Company initiated an interpleader action in the South Carolina District Court to determine if it should be required to pay the policy proceeds and which "insureds" would be entitled to the proceeds. The policy proceeds were paid into the registry of the Court and Federal Insurance was relieved of further liability. I represented two former officers and directors of Ross Cosmetics in their claims to the policy proceeds. Other officers and directors had assigned their rights under the policy to Ross Cosmetics' successor corporation, which strongly contested my clients' claims to the proceeds. Various Orders were filed in the District Court with respect to proceeds distribution, which resulted in Motions to Alter and Amend and Judicial Stays imposed due to related matters before the Securities and Exchange Commission. This action was also related to a federal criminal action and shareholder class action lawsuits.

Printed Page 2512 . . . . . Friday, May 17, 2002

Ultimately, the case settled on the eve of trial before the United States District Court."

The following is Mr. Miller's account of civil appeals he has personally handled:
"(a) McCall by Andrews v. Batson, 329 S.E.2d 741, 285 S.C. 243, (1985);

(b) Ro-Lo Enterprises v. Hicks Enterprises, Inc., 362 S.E.2d 888, 294 S.C. 111 (1987);

(d) McCarter v. Willis, 383 S.E.2d 252, 299 S.C. 198 (1989)."

Mr. Miller provided the following regarding prior unsuccessful candidacies:
"I was a candidate for Circuit Court Judgeship of the Thirteenth Judicial Circuit, Seat Two, which was elected in February 2000 and a candidate for Circuit Court Judgeship, At Large Seat Three, which was elected in May 2000. I withdrew from both races prior to the election.
(9) Judicial Temperament:

The Commission believes that Mr. Miller's temperament would be excellent.
(10) Miscellaneous:

The Upstate Citizens Advisory Committee reported: "Mr. Miller was found to be a most competent lawyer. His qualifications greatly exceed the expectations set forth in the evaluative criteria."

Members of the Commission found Mr. Miller to be an exceptional candidate and that he would be a valuable asset to the circuit court bench. The Commission noted Mr. Miller's tremendous contributions to the Greenville community.

Mr. Miller is married to Martha Albrecht. He has two children: Elizabeth L. Miller, age 20, and E. Walker Miller, age 17.

Printed Page 2513 . . . . . Friday, May 17, 2002

Mr. Miller reported that he was a member of the following bar associations and professional associations:
"(a) South Carolina Bar Association;
(b) Greenville County Bar Association (1993 Board of Directors);
(c) South Carolina Association of Criminal Defense Lawyers;
(d) National Association of Criminal Defense Lawyers;
(e) South Carolina Trial Lawyers Association;
(f) Greenville County Criminal Defense Lawyers Association."

Mr. Miller provided that he was a member of the following civic, charitable, education, social, or fraternal organizations:
"(a) Greenville Futbol Club (youth soccer organization) Vice President, Board of Directors;
(b) Downtown Soccer Association, President 1998-2000, Board of Directors 1996-2000;
(c) St. James Episcopal Church, Treasurer 1991-1994."

Mr. Miller further provided: "My family and I are active communicants at Christ Church Episcopal in Greenville. I have been active as a youth athletics coach for my children's athletic teams including church basketball and numerous sports teams at the Cleveland Street YMCA in Greenville."

Roger M. Young
Circuit Court for the Ninth Judicial Circuit, Seat 3

Commission's Findings: QUALIFIED AND NOMINATED

(1) Constitutional Qualifications:

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

Judge Young was born on February 16, 1960. He is 42 years old and a resident of North Charleston, South Carolina. Judge Young provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1983.
(2) Ethical Fitness:

Printed Page 2514 . . . . . Friday, May 17, 2002

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

Judge Young 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 Young reported that he has made $68.00 in campaign expenditures for stamps.

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

Judge Young described his continuing legal or judicial education during the past five years as follows:
"05/19/96 NJC, Logic for Judges 12.50
05/22/96 NJC, Opinion Writing 12.83
06/19/96 SC Bar, Trial Practice Tune-Up 3.00
07/19/96 SC Bar, ADR Basics 8.00
10/18/96 SC Bar, Practice Before MIE 6.50
01/10/97 CC Bar, Ethics 3.00
05/18/97 NJC, Basic Evidence 23.83
07/11/97 CC Bar, Insurance Coverage

During Hurricane Season 2.00
09/19/97 CC Bar, Real Estate Update 0.80
01/23/98 SC Bar, Annual Criminal Law Update 6.50

Printed Page 2515 . . . . . Friday, May 17, 2002

03/01/98 NJC, Advanced Evidence 24.17
03/20/98 SC Bar, Rules-SC Civil Procedure 6.00
06/11/98 SC Bar, Developments in Real Estate Law 6.00
06/21/98 NJC, Managing the Complex Civil Case 26.00
10/09/98 SC Bar, Practice Before MIE 6.00
03/26/99 SC Bar, Mechanic's Liens 5.67
04/12/99 NJC, Judicial Writing 28.25
05/07/99 CC Bar, Real Estate Update 0.75
06/18/99 SC Bar, SC Environmental Law 6.75
07/12/99 NJC, General Jurisdiction 82.75
02/27/00 NJC, Financial Statements in Court 13.50
03/01/00 NJC, Business Issues 13.08
10/13/00 SC Bar, Business Torts 6.00
01/26/01 SC Bar, Annual Criminal Law Update 6.00"

"In addition to these CLE classes, I took the following classes in the MJS program that I did not apply for CLE credit. These were graduate school classes that lasted 2-4 weeks. With the one exception noted below, each class ran from 8:30 a.m. to 4:00 p.m. four days a week and required at least two papers per class. The History and Theory of Jurisprudence class was a night class that ran for four weeks. It met from 6:30 p.m. to 9:30 p.m. I took it two weeks at a time over two summers while I was taking classes during the day.

Summer 99/00 UNR History and

Theory of Jurisprudence 3 credits
Spring 99 UNR

Conducting the Trial 2 credits

(one-week class, test instead of paper)
Spring 00 UNR Law and the Social and

Behavioral Sciences 3 credits
Summer 98 UNR Public Policy in the Courts 3 credits
Summer 00 UNR Criminology 3 credits"

Judge Young reported that he has lectured at the following bar association conferences, educational institutions, or continuing legal or judicial education programs:
"(a) Speaker, 'Six by Six' CLE, Charleston County Bar Association, December 13, 2001;

Printed Page 2516 . . . . . Friday, May 17, 2002

(b) Speaker, 'Recent Judicial Decisions Update on Tax Sales in South Carolina,' South Carolina Bar Continuing Legal Education Division, October 12, 2001;
(c) Speaker, 'Recent Judicial Decisions Update on Tax Sales in South Carolina,' 34th South Carolina Association of Counties Annual Conference, July 26, 2001;
(d) Speaker, 'Recent Judicial Decisions Involving Tax Sales,' County Auditors, Treasurers and Tax Collectors Academy, February 8, 2001;
(e) Speaker, 'Practice Before Masters-in-Equity,' Bridge the Gap, South Carolina Bar Continuing Legal Education Division and the Supreme Court of South Carolina, March 13, 2001;
(f) Speaker, 'Recent Judicial Decisions Involving Tax Sales,' County Auditors, Treasurers and Tax Collectors Academy, February 8, 2001;
(g) Moderator, 'Business Torts, Accounting & Damages,' South Carolina Bar Continuing Legal Education Division CLE, October 13, 2000;
(h) Speaker, 'Practice Before Masters-in-Equity,' Bridge the Gap, South Carolina Bar Continuing Legal Education Division and the Supreme Court of South Carolina, May 23, 2000;
(i) Speaker, 'Law of Tax Sales,' Charleston County Bar Association Real Estate Section, March 7, 2000;
(j) Speaker, 'Recent Judicial Decisions Involving Tax Sales,' County Auditors, Treasurers and Tax Collectors Academy, February 3, 2000;
(k) Speaker, 'Twelve by Twelve' CLE, Charleston County Bar Association, December 16, 1999;
(l) Speaker, 'Equitable Remedies,' South Carolina Bar Continuing Legal Education Division CLE, October 8, 1999;
(m) Moderator, Mechanic's Liens CLE, South Carolina Bar Continuing Legal Education Division, March 26, 1999;
(n) Speaker, 'Practice Before Masters-in-Equity,' Bridge the Gap, South Carolina Bar Continuing Legal Education Division and the Supreme Court of South Carolina, March 9, 1999, May 18, 1999;
(o) Speaker, 'Law on Tax Sales,' Practice Before Masters-in-Equity and Special Referees CLE, South Carolina Bar Continuing Legal Education Division, October 9, 1998;
(p) Speaker, 'Law on Tax Sales,' Practice Before Masters-in-Equity and Special Referees CLE, South Carolina Bar Continuing Legal Education Division, October 18, 1996."

Printed Page 2517 . . . . . Friday, May 17, 2002

Judge Young further reported:
"I have taught a business law class approximately two to three times a year for the past five years at the Charleston branch of Southern Wesleyan University.

I taught Introduction to Criminal Justice this past fall at Charleston Southern University.

I taught Real Estate Transactions II at the USC Law School in the Spring 2000 semester.

I have been a guest lecturer on several occasions at Professor Steve Spitz's classes at the law school."

Judge Young reported that he has published the following:
"(a) The Law of Real Estate Tax Sales, South Carolina Lawyer, September/October 1999;
(b) Tax Sales of Real Property in South Carolina, 1999 (South Carolina Bar-Continuing Legal Education Division);
(c) 'Sexually Violent Predator Acts,' Community-Based Corrections, 4th ed. Wadsworth-Thomason Learning (2000);
(d) 'Using Social Science to Assess the Need for Jury Reform in South Carolina,' 52 S.C. Law. Rev. 135 (Fall 2000)."

I have the following two works in progress that I will be submitting for publication this spring:
"(a) 'Property Rights, Coase Theorem and the New South,' co-author with Dr. John Dobra, professor of economics at University of Nevada, Reno;
(b) 'How Do You Know What You Know?: A Judicial Perspective on Daubert and Council/Jones Factors in Expert Testimony in South Carolina.'"
(4) Character:

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

Printed Page 2518 . . . . . Friday, May 17, 2002

The Commission also noted that Judge Young 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 Young reported that he is not rated by Martindale-Hubbell.

Judge Young provided:
"I was elected to the South Carolina House of Representatives in 1990 and 1992.

I was appointed to serve as interim City Attorney for the City of North Charleston from January to April 1995, and continued to handle legal matters for the City until I began service as Master-in-Equity."
(6) Physical Health:

Judge Young appears to be physically capable of performing the duties of the office he seeks.
(7) Mental Stability:

Judge Young appears to be mentally capable of performing the duties of the office he seeks.
(8) Experience:

Judge Young was admitted to the South Carolina Bar in 1983.

Judge Young gave the following account of his legal experience since law school:
"When I graduated from law school in 1983, I became an associate with Howard R. Chapman, P.A. Mr. Chapman died in December 1984. From then on I was a sole practitioner. My practice was a general practice handling primarily civil matters including litigation, real estate, and some criminal practice. I became part-time Municipal Court judge for the City of North Charleston in 1988 and served there until 1990 when I resigned to run for the S.C. House of Representatives. I was elected to the House in 1990 and served two terms. I decided not to seek re-election in 1994. I was elected to be the Master-in-Equity for Charleston County in 1995 and began service on January 1, 1996. Since it is a full-time judgeship, I closed my law office in 1995. I have been serving as Master for Charleston continuously since 1996, and

Printed Page 2519 . . . . . Friday, May 17, 2002

have had a concurrent appointment as a Special Circuit Court Judge by the Supreme Court since then.
In the first five to ten years of my practice I handled approximately a dozen criminal cases, including approximately a half-dozen felony matters, several of which went to trial. After about five years of practice I began to handle primarily civil matters, but I would still handle criminal matters on appointment. When I was a Municipal Court judge my jurisdiction was exclusively criminal. I heard mainly summary trials, but I would usually preside over jury trials one week a month. Most of these jury trials were DUIs and simple assault. I have continued to study criminal law and procedure since becoming Master-in-Equity. I have attended two of the Annual Criminal Law Update CLEs required for circuit court judges, including the most recent on January 26, 2001. In addition, I had two days of criminal procedure included in the General Jurisdiction class I took two years ago at the National Judicial College, and I took a two-week-long class in Criminology last summer as part of my graduate degree program at the University of Nevada-Reno.

As Master-in-Equity my jurisdiction is exclusively civil. Many people are of the misconception that the Master hears only cases involving real estate. In fact, it is only a part of what we do, at least those of us who are full time. A lot of the litigation I hear is business-related, including breach of contract, insurance claims, unfair trade practice, partnership claims and accounting, and complex business litigation. All of it is non-jury. Once a matter is referred to a Master for a trial, the Master has all the jurisdiction and powers as a circuit court judge sitting non-jury. Coupled with my appointment as a Special Circuit Court Judge, that means I hear every type of motion in every type of civil case, including those involving jury matters. I hear motions on jury and non-jury cases for the circuit court on Fridays and on an as-needed basis throughout the week.

Obviously, I have not had any jury trials in the past five years since I became Master. However, I did try jury cases in my private practice and as a Municipal Court Judge. In addition, I have studied jury trial practice at the National Judicial College and wrote my Masters thesis on reforming jury practice in South Carolina."

Judge Young reported the frequency of his court appearances prior to becoming a judge as follows:

Printed Page 2520 . . . . . Friday, May 17, 2002

"(a) Federal: 3
(b) State: 20"
Judge Young reported that the percentage of his practice involving civil, criminal, and domestic matters prior to becoming a judge as follows:
"(a) Civil: 90%
(b) Criminal: 5%
(c) Domestic: 5%"

Judge Young reported the percentage of his practice in trial court prior to becoming a judge as follows:
"(a) Jury: 50%
(b) Non-jury: 50%"

Judge Young provided that he most often served as sole counsel.

The following is Judge Young's account of his five most significant litigated matters:
"(a) C-21 v. C-21 Action Realty. This was a federal district court case. As a young associate I was given significant responsibilities in preparing and assisting in a two-day injunction hearing against one of the largest law firms in the State.

(b) State v. Williams. This was ABWIK and Armed Robbery case. I was sole counsel for one of the co-defendants. It was a three-day trial in circuit court.

(c) AMIC v. Brown. Case involved violation of restrictive covenants and had interesting issues involving interpretation of covenants, waiver and laches.

(d) Altman v. Altman. Case involved a dispute between a father and son over an alleged oral agreement involving real estate, construction trusts and parole evidence.

(e) CMCT v. Bechtel. Case involved a multi-million dollar contract claim against the world's largest construction company."

Judge Young provided the following information regarding prior judicial positions:

Printed Page 2521 . . . . . Friday, May 17, 2002

"I was appointed Municipal Court Judge for the City of North Charleston from 1988 to 1990. My jurisdiction was exclusively criminal and at the time had jurisdictional limits of 30 days in jail and $200 in fines.

I was elected by the General Assembly to be the Master-in-Equity for Charleston County in 1995 and began service on January 1, 1996. Once a case is appointed to the Master, I have the same authority to hear a case as a circuit court judge sitting non-jury. I have also been appointed by the Supreme Court to be a Special Circuit Court Judge for Charleston County for the past five years. As Special Circuit Court Judge, my jurisdiction is to hear all motions in jury and non-jury matters, hear appeals from magistrate, municipal and probate courts, accept Grand Jury returns and hear and approve settlement of minor's interest and wrongful death and survivor action settlements."

Judge Young reported the following as his most significant orders:
"(a) Kuznick v. Bees Ferry Associates, 96-CP-10-4495, affirmed in part, reversed in part, 342 S.C. 579, 538 S.E.2d 15 (SC App 2000), cert. granted 7-3-01.

(b) LowCountry Open Land Trust v. S.C., 96-CP-10-1933, affirmed 347 S.C. 96, 552 S.E.2d 778 (SC App 2001).

(d) Campsen v. City of Isle of Palms, 99-CP-10-4554, affirmed No. 2001-UP-281 (SC App 2001)

(e) NorthPointe HOA v. G & B Homes, LLC, 99-CP-10-932, affirmed No. 2001-UP-059 (SC App 2001)"

Judge Young provided the following regarding prior unsuccessful candidacies:

"In 2001, I ran unsuccessfully for the circuit court, Ninth Judicial Circuit, Seat 1."
(9) Judicial Temperament:

Printed Page 2522 . . . . . Friday, May 17, 2002

The Commission believes that Judge Young's temperament has been and would continue to be excellent.
(10) Miscellaneous:

The Lowcountry Citizens Committee reported: "The Lowcountry Citizens Committee finds Judge Roger M. Young to be a well-qualified and highly-respected candidate. The committee recommends Judge Young's nomination as a candidate for Judge of the Ninth Judicial Circuit, Seat 3."

The Commission found Judge Young to be an exceptional candidate and that he would be a valuable asset to the circuit court bench. The Commission noted that Judge Young was "intellectually curious," "enjoys the law," and "will be fair."

Judge Young is married to Janice M. Young. He has two children. Grace Lee Young, age 13, and Roger M. Young, Jr., age 11.

Judge Young reported that he was a member of the following bar associations and professional associations:
"(a) South Carolina Bar;
(b) Charleston County Bar;
(c) American Judicature Society;
(d) American Judges Association."

Judge Young provided that he was a member of the following civic, charitable, education, social, or fraternal organizations:
"(a) Board of Visitors, Charleston Southern University;
(b) Charleston Southern University Distinguished Alumnus of the Year, 1998;
(c) Order of the Palmetto presented by Gov. Carroll Campbell, 1994;
(d) Service to Mankind Award by Sertoma International, 2000;
(e) Honorary Doctor of Humane Letters from the University of Charleston, 1992;
(f) Honorary Kentucky Colonel by commission of Gov. Brereton C. Jones, 1993."

Printed Page 2523 . . . . . Friday, May 17, 2002

Judge Young additionally reported:
"I enjoy every aspect of being a judge. I have dedicated my life's work to improving the judiciary and the legal system. I have been especially mindful of the need to have judges on the bench who are not only qualified, but who exhibit fairness and equal justice under the law. To this end, I remind myself at every trial that the case I am presiding over is probably the most important thing in the parties' lives. I know that I cannot rule in such a way as to make everyone happy, but hopefully I leave the parties feeling that they received a fair trial. One of the highest compliments I have ever received was when a lawyer against whose client I had ruled was quoted in the newspaper as saying that while he was disappointed I had ruled against his client, he thought I gave his client a fair trial.

One of the main reasons I wish to move to the circuit court is to continue my research in the area of jury reform. Judges have a duty to improve the legal system. My research has shown me that there are areas in which we can do better in South Carolina to improve our system of jury trials. Jury trials are the cornerstone of our country. The right to a jury trial was considered vitally important to the Founding Fathers of this country, so much so that they memorialized it in our Constitution. My particular area of research is currently in the area of improving juror comprehension of jury instructions; however, there are other areas that I believe we should look at as well. Chief Justice Toal has spoken to me about this subject and she intends to launch a jury reform effort in South Carolina. Regardless of whether I am elected to the circuit court, I intend to help in this effort."

Haskell T. Abbott III
Family Court for the Fifteenth Judicial Circuit, Seat 3

Commission's Findings: QUALIFIED AND NOMINATED

(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

Printed Page 2524 . . . . . Friday, May 17, 2002

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. Please see General Findings of Commission for further discussion of academic ability.

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

"(a) 5/9/97 Family Court Judges Assoc. CLE

(b) 8/21/97 SCCA Judicial Conference

(d) 5/21/98 Family Court Judges Conference

(e) 8/13/98 SCTLA 1998 Annual Convention

(f) 8/20/98 SCCA Judicial Conference

(g) 11/6/98 SCCA Bench/Bar Seminar

Printed Page 2525 . . . . . Friday, May 17, 2002

(h) 1/22/99 SC Bar Mid-Year Meeting Family Law Section

(i) 5/99 HCBA Family Court Seminar

(j) 5/19/99 Family Court Judges Conference

(k) 8/19/99 SCCA Judicial Conference

(l) 3/3/00 HCBA Family Court Procedure

(m) 5/3/00 Family Court Judges Conference

(n) 8/3/00 SCTLA 2000 Annual Convention

(o) 8/16/00 SCCA Judicial Conference

(p) 10/5/00 HCBA Family Court Procedure

(q) 1/26/01 SC Bar Family Law Seminar

(r) 5/2/01 Family Court Judges Conference

(s) 8/3/01 SCTLA 2001 Annual Convention

(t) 8/21/01 HCBA Family Court Seminar

(u) 8/22/01 SC Judicial Conference

(v) 12/7/01 Family Court Bench/Bar Seminar

(w) 1/25/02 SC Bar Annual Meeting CLE."

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

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

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

The Commission also noted that Judge Abbott 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. Please see General Findings of Commission for further discussion.
(5) Reputation:

Judge Abbott reported that his last available Martindale-Hubbell rating was "BV."

Printed Page 2526 . . . . . Friday, May 17, 2002

Judge Abbott reported his previous military experience as follows: "9/66 to 9/72; South Carolina National Guard; E-5; inactive reserve; Honorable Discharge Service Number NG 25 203 674."

Judge Abbott also reported on any public office he has previously held: "I served on the Planning and Zoning Board for the City of Conway from 1984 to 1986. This is an appointed position by the City Council."
(6) Physical Health:

Judge Abbott appears to be physically capable of performing the duties of the office he seeks.
(7) Mental Stability:

Judge Abbott appears to be mentally capable of performing the duties of the office he seeks.
(8) Experience:

Judge Abbott was admitted to the South Carolina Bar in 1972.

Judge Abbott reported the following regarding his legal experience since law school:
"1972 - 1982 Associated with my father, H.T. Abbott; shared an office with my father until 1982;

1982 - 1996 Sole practitioner;

1996 - present Family Court Judge for Fifteenth Judicial Circuit.

As an attorney, I had a general practice with a emphasis in the Domestic Relations area."

Judge Abbott reported his prior judicial positions: "I held the position of Municipal Judge for the City of Conway, South Carolina, from 1977-1984. It is an appointed position by the City Council. The court's jurisdiction is limited to criminal offenses in which the maximum penalty of 30-day imprisonment or a fine of $200.

From 1996 to the present, I have been a Family Court Judge. It is an elected position by the S.C. General Assembly. The Family Court is of limited jurisdiction as set by statute."

Printed Page 2527 . . . . . Friday, May 17, 2002

The following is a list of Judge Abbott's significant orders:

"(a) Karis Lynn Jenkins Ward v. Robert James Ward, Jr.

Unpublished Opinion No. 2001-UP-373

South Carolina Court of Appeals affirmed the granting to the wife of rehabilitative alimony, transmutation of property, equitable identification and division of marital assets, entitlement to future increases in husband's retirement benefits and attorney fees.

(b) Dawn M. Sondesky v. Michael S. Sondesky

Unpublished Opinion No. 2000-UP-381

South Carolina Court of Appeals affirmed granting to the wife equitable division award and custody of minor children.

South Carolina Court of Appeals affirmed the finding of the wife not having committed adultery, refusal to reopen testimony, the granting of custody to the wife, attorney fees and the maintaining of an existing health insurance policy on the wife.

(d) Anand B. Patel v. Nalina Raja Patel; Published Opinion No. 25371

South Carolina Court of Appeals affirmed the equitable division award of 35% ($913,278.10) to the wife and 14% of the Guardian ad Litem and Guardian's attorney fees. The Court reversed the denial of alimony, child custody and attorney fees.

The South Carolina Supreme Court reversed the Court of Appeals on the issue of alimony and remanded to the Trial Court for a new custody hearing. The Supreme Court's decision has a footnote of its Order not to be an expression of preference to one party over the other as to the issue of custody. The Court also remanded the issue of alimony back to the Family Court for a determination of the amount.

The Supreme Court, in its decision, set forth minimum guidelines for Guardians ad Litem in private custody actions.

(e) South Carolina Department of Social Services v. Larry B. Basnight; 2001 WL 21309 South Carolina Court of Appeals affirmed the finding of the Defendant being the natural father of the minor child, establishing child support obligation, setting retroactive child support arrearages, and

Printed Page 2528 . . . . . Friday, May 17, 2002

the finding of the Defendant being subject to South Carolina jurisdiction due to the long-arm statute (Section 20-7-953(a))."

The following is a list of Judge Abbott's employment while serving as a judge other than elected office: "As set forth in #22, I was the Municipal Judge for the City of Conway, South Carolina for seven years. Additionally, at various times, I have acted as a Special Referee for the Fifteenth Judicial Circuit. The references are contractual in nature, but authorized by an Order of Reference by the Presiding Circuit Court Judge. The cases occurred over a two-year period on an infrequent basis. It was my responsibility to conduct the non-jury hearing, make evidentiary rulings and decide questions of law and fact as well as issue a final decision. All cases were referred by and were under the administrative supervision of the Administrative Judge for the Fifteenth Judicial Circuit."
(9) Judicial Temperament:

Please see attached General Findings of Commission.
(10) Miscellaneous:

The Pee Dee Citizens Advisory Committee reported: "The committee is of the opinion that Judge Abbott is qualified for the position of family court judge. As a result of its investigation and interview with Judge Abbott, the committee recommends/approves this candidate without reservation."

Judge Abbott is married to Jean Cox Abbott. He has two children: Hyde Taylor Abbott, age 32, and Anne Victoria Abbott Golson, age 28.

Judge Abbott reported that he was a member of the following bar associations and professional associations:
"(a) Horry County Bar Association (Honorary)."

Judge Abbott provided that he was a member of the following civic, charitable, education, social, or fraternal organizations:
"(a) Riverside Club;
(b) Ducks Unlimited;
(c) South Carolina Waterfowl Association;
(d) Old Gunn Hunting Club;
(e) Kingston Presbyterian Church."

Printed Page 2529 . . . . . Friday, May 17, 2002

General Findings of Commission:

The Judicial Merit Selection Commission conducted extensive hearings as to the qualification of Judge Abbott for reelection to the Family Court bench. While the Commission had screened Judge Abbott as recently as December 2001, and included within its hearing an extensive examination of issues related to the South Carolina Supreme Court's reversal of Patel v. Patel. The Commission addressed for the very first time any affidavits of complaint filed against Judge Abbott. In all, eighteen individuals filed affidavits raising issues of qualification. Sixteen persons filed affidavits in support of Judge Abbott. In addition, the Commission subpoenaed a number of individuals to provide background information necessary to its deliberations.
The hearing process was productive in that each of the witnesses and Judge Abbott went to great lengths to cooperate with the Commission in the scheduling and holding of nearly twenty hours of hearings and in compiling the voluminous records needed by the Commission. In particular, the Commission wishes to thank attorneys: Anne E. Janes, David R. Graveley, Anita R. Floyd, Gene P. Vaught III, and Edward T. Kelaher, who came forward under subpoena to testify about their experiences as attorneys or guardians ad litem before Judge Abbott; Ms. Lisa Rahiem, who was subpoenaed as a fact witness; and Mrs. Nalini Patel and Mr. and Mrs. Jerry Starling, who patiently and faithfully provided staff with requested supporting documentation.
The "Abbott" hearings were in large part geared toward issues of how Judge Abbott managed his courtroom and Guardians ad Litem appearing in his courtroom. The Commission is well aware that various interest groups actively solicited litigants unhappy with their experiences with guardians. We are certain that given the current frustration with guardians, these interest groups could have organized a group equally as large for virtually any other Family Court judge in South Carolina. The timing of Judge Abbott's reelection and the Supreme Court's decision in Patel v. Patel have made him the focus of the Guardian ad Litem reform movement. The movement should be heard but this Screening Commission is not the appropriate forum. The Commission is not a legislative body. Its jurisdiction is solely to determine the qualifications of judicial candidates. This Commission would direct them to the members of the Conference Committee currently considering S.322:

Printed Page 2530 . . . . . Friday, May 17, 2002

The Honorable Larry Martin 803-212-6340
The Honorable Robert Waldrep 803-212-6230
The Honorable Brad Hutto 803-212-6140
The Honorable Michael Easterday 803-734-3075
The Honorable Phillip Sinclair 803-734-3008
The Honorable Creighton Coleman 803-734-3140.

The Commission did hear some testimony that certain improvements in the Guardian ad Litem system by the Supreme Court in Patel v. Patel may not have been fully implemented by Judge Abbott. However, the Commission is satisfied by Judge Abbott's testimony and his attached correspondence that Guardian ad Litem reform within his courtroom and his circuit are immediate goals of Judge Abbott.

The Commission has fully considered certain other allegations raised by the complainants-favoritism, delay in issuance of orders, inattentativeness, and failure to recuse-and have found that the complainants are essentially dissatisfied with Judge Abbott's orders in their particular cases. Once again, this Commission would remind litigants that the Commission is not an appellate forum.

The Commission was disturbed by awards of attorneys' fees in the cases involving Mrs. Nalini Patel and Mr. and Mrs. Jerry Starling. As a matter of judicial discretion governed by case and statutory law, the Commission is reluctant to deem Judge Abbott's rulings as being in error. However, the rulings would on their face appear to be in clear contravention of those standards articulated by those witnesses appearing in favor of Judge Abbott. Judge Abbott has assured the Commission that he will be mindful of the Commission's concerns.

Judge Abbott's openness in dealing with the Commission weighs heavily in his favor. Within his testimony and in what the Commission takes to be his written pledge to certain reforms, Judge Abbott demonstrates that the screening process can work for the betterment of our judicial system outside of the Commission's ability to say "qualified" or "unqualified." In this case, the Commission believes that its process has worked and that justice and due process will be best served by a judge who has heard and listened to the voice of many people appearing before him. We, unanimously, find him qualified.

Printed Page 2531 . . . . . Friday, May 17, 2002

May 13, 2002

TRANSMITTED VIA FACSIMILE
AND FIRST-CLASS MAIL
Honorable F.G. Delleney, Jr.
Chairman, Judicial Merit Selection Commission
Post Office Box 142
Columbia, South Carolina 29202

Dear Chairman Delleney:
I appreciate the many hours each of your Commission members committed to the hearing of my application for continued service on the Family Court bench. I realize that each of you have very active schedules and that the length of my hearing, while not unprecedented, resulted in many of you having to set aside your ordinary duties for this extraordinary responsibility.
This screening experience, though often painful to me, has been invaluable. Rarely do family court judges have the time to contemplate the effect of their decisions, their courtroom management and, in general, their jurisprudence. The heavy family court docket demands action and does not allow for reflection.
For the past several months and in preparing for the screening hearings, I have had to reflect. During the hearings, I, like you, heard litigants speak from their hearts, voice their frustrations, and plea for help. While litigants often do the same in my courtroom, I am called upon by our constitution, our statutory law, and our Canons of Judicial Conduct to keep the proceedings focused on the case in controversy. Many times the issues or frustrations which litigants wish to address are not before the Court. I well understand that the parties often leave thinking that the Court has only scratched the surface of "the problem." While our system of justice is far superior to any other system instituted to date by man, it is imperfect. The screening hearing process gave me an opportunity to really listen without focusing on my more typical responsibilities.
Further, I feel it is now my responsibility as a member of the bench and bar to seek solutions to the concerns voiced by the witnesses who came forward to share their experiences with the Commission. In particular, I believe that it is incumbent for me to address the many complaints about the role and my management of court resources such as guardians ad litem. While guardians must be responsible for their

Printed Page 2532 . . . . . Friday, May 17, 2002

work product, ultimately the buck should and does stop with me as judge.
While I will certainly need an opportunity for further reflection, involvement of the family court bar, and consensus among the other members of the family court bench within my circuit, and guidance from the South Carolina Supreme Court, I am personally committed to substantial reform of our circuit's use of guardians in custody disputes and related matters. I believe those reforms must include:

1. Absolute preservation of the judge's role as decision maker.

Unless requested by the judge, the guardian should not make recommendations as to awarding of custody. Even if a guardian makes a recommendation at my request, I should never "rubber stamp" that recommendation but rather base my decision upon the testimony of the witnesses and the evidence presented.
2. Adoption of standards of disclosure of conflicts of interest for guardians and consequent recusal every bit as tough as those placed on judges.

Guardians must, prior to appointment, fully and adequately disclose to all parties the guardian's relations (including business, social and familial) with the parties and attorneys in the case. While this standard should only encompass "known" relationships, the court and the guardians must realize that if the nature, extent, and duration of relationships are not disclosed, a party's dissatisfaction will only fester, resulting in a loss of respect and cooperation. The needs of our children are too great to accommodate either loss.
3. Adoption of standards of fair rates and methods of guardian compensation.
A family court judge should approve a method and rate of compensation for the guardians ad litem, including an initial authorization of a fee based on the facts of the case, at the time of appointment. The guardian should not depart from the method or exceed the amount authorized by the judge without notice to the parties and an opportunity for a hearing. Further, in determining the reasonableness of fees and costs, the family court should take into account:

a) the complexity of the issues before the court;

b) the contentiousness of the litigation;

c) the time expended by the guardian;

d) the expenses reasonably incurred by the guardian

e) the financial ability of each party to pay fees and costs; and

f) any other factors the court considers necessary.

Printed Page 2533 . . . . . Friday, May 17, 2002

I also believe that billings should be monthly and itemized and that any party should be able to petition the court to review the reasonableness of fees and costs by the guardian or any person assisting or advising the guardian.
4. A judge should manage his courtroom such that all persons serving in a quasi-judicial capacity, including guardians ad litem, exhibit the temperament expected of a judge.
5. Guardians should be required to visit with a child in all "home settings."
6. Unless there are significant issues of cost containment and agreement of the parties, guardians should issue written reports well in advance of hearings. Further, these reports should be based upon:
a) meeting with and observing the child in the home setting on at least one occasion;
b) interviewing parents, caregivers, school officials, law enforcement, and others with knowledge relevant to the case;
c) reviewing the child's school records and medical records, if the guardian considers it necessary;
d) obtaining the criminal history of each party and, when determined necessary by the guardian ad litem, obtaining the criminal history of a witness;

e) considering the wishes of the child;
f) considering the wishes of the child's family where such interests are discernible and the consensus of those involved.
Further, the guardian must keep a complete file of contacts, notes, and records.
7. There should be minimum qualifications for guardians.

A guardian should be at least 25, have a high school diploma, and must not have been convicted of or pled guilty or nolo contendere to a crime of moral turpitude, a crime classified as a felony pursuant to Chapter 1 of Title 16, criminal domestic violence, or assault and battery of a high and aggravated nature. Likewise, no person could be appointed as a guardian if he is or has ever been on the Department of Social Services Central Registry of Abuse and Neglect.
8. A guardian should be removable for good cause shown.
I intend to follow through on the personal commitment for the benefit of litigants in my courtroom, my circuit and any family courtroom in our State.
We as judges and lawyers should not move so fast in our administration of justice that we lose sight of the persons in the process. Empathy is paramount. Our decisions may well be the same, but the

Printed Page 2534 . . . . . Friday, May 17, 2002

process may be wholly different-at the very best it will be a process that perpetuates the dreams of those great founders of our nation and State who felt that justice delivered in a courtroom avoided confrontation in the streets, in the homes, or in front of our children. And perhaps there is no greater threat of confrontation based on frustration than that resident in our family courts. While I dream that our families and our children could one day not need our courts, I must be realistic enough to admit that is a dream not likely to come to fruition soon.
That being the case, it is essential that I accept responsibility for the justice that is delivered in my courtroom. There can be no handoff to a guardian ad litem, expert, or counselor, etc. All should and must be under my supervision and I, in the final analysis, must insure that all who enter leave having received my best efforts at justice and, hopefully, with a sense that either having prevailed or having lost that they have had "their day in court."
Thank you again for allowing me to follow-up with the Commission through this letter.
Sincerely,
/s/ H.T. Abbott, Jr.

CONCLUSION

The following candidates were found qualified:
Gayla S. L. McSwain Circuit Court for the Ninth Judicial

Circuit, Seat 3
Judge Roger M. Young Circuit Court for the Ninth Judicial

Circuit, Seat 3
Judge Robert N. Jenkins, Sr. Circuit Court At-Large Seat 4
Edward W. "Ned" Miller Circuit Court At-Large Seat 4
H.T. Abbott III Family Court for the Fifteenth Judicial

Circuit, Seat 3

Respectfully submitted,
Representative F. G. Delleney, Jr.
Senator Glenn F. McConnell
Senator Thomas L. Moore
Representative Doug Smith
Senator James H. Ritchie, Jr.
Representative Fletcher N. Smith, Jr.
Mr. John P. Freeman
Judge Curtis G. Shaw

Printed Page 2535 . . . . . Friday, May 17, 2002

Mrs. Amy J. McLester
Mr. Richard S. Fisher

On motion of Senator McCONNELL, ordered printed in the Journal.

REPORT RECEIVED
COMMITTEE TO SCREEN CANDIDATES
FOR BOARDS OF TRUSTEES
OF STATE COLLEGES & UNIVERSITIES

WINTHROP UNIVERSITY AT-LARGE SEAT
CANDIDATE SCREENING
********
Tuesday, May 14, 2002
11:40 a.m. - 12:05 p.m.

The candidate screening was held before the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities, at the Blatt Building, Room 424, Columbia, South Carolina, on the 14th day of May, 2002 before Christine A. Howell, Court Reporter and Notary Public in and for the State of South Carolina.

APPEARANCES:

COMMITTEE MEMBERS PRESENT:
Rep. Olin Phillips, Chairman
Sen. Thomas Alexander
Sen. Maggie Glover
Sen. Linda Short
Rep. Lanny F. Littlejohn

REP. PHILLIPS: I'll call this meeting to order for the purpose of screening for four candidates for Winthrop University, seat at-large. I want to welcome committee members Representative Lanny Littlejohn from Spartanburg and Senator Linda Short from Chester, Union and ...
SEN. SHORT: York and Fairfield.
REP. PHILLIPS: I can't keep up with them. There are too many of them. But anyway, we welcome you here. The staff is Sophia Floyd and our stenographer is Christine Howell. We welcome Senator Alexander who just joined us.

Printed Page 2536 . . . . . Friday, May 17, 2002

(Off the Record Discussion)

REGGIE LLOYD, being duly sworn, testifies as follows:
REP. PHILLIPS: Mr. Lloyd, do you have any ... should you be elected to this position, would it cause it any conflict of interest for you?
MR. LLOYD: No, sir.
REP. PHILLIPS: Do you have any illness or anything that would constitute maybe where you couldn't be a full-fledged board member or that would keep you from being able to fulfill the duties of board member?
MR. LLOYD: No, sir, Mr. Chairman.
REP. PHILLIPS: None. Hobbies or anything that would conflict or anything of that nature?
MR. LLOYD: No, sir.
REP. PHILLIPS: Thank you, sir, go ahead with your short message here.
MR. LLOYD: Mr. Chairman and members of the committee, I'll heed the Chairman's advice and be very brief this morning. I attended Winthrop. I actually transferred from the University of Miami and came back home in state and attended Winthrop from 1986 to 1989. And I was fortunate enough to serve as Vice President of the Study Body and in that capacity, worked with the administration and Board of Trustees at that time at Winthrop. And I actually served on a panel that selected the current president of Winthrop and got to interview all the candidate finalists for that position. I believe that my background in terms of interaction and participation in Winthrop activities when I was a student there combined with subsequent participation and employment in both the private and public sector, I think I've worked for the executive side of government and the legislative side of government. I think I have an understanding of what is required to engage in public service, and particularly in this environment or interest, I think I've set out in my personal statement, has been in education, and believe that if elected by the General Assembly, would serve to the best of my abilities and hopefully be a good thing for Winthrop.
REP. PHILLIPS: Thank you, sir. We've been joined now by Senator Maggie Glover from Florence. Senator Glover, we have just heard from Reggie and the floor is open now. Are there any questions of any committee members?
REP. LITTLEJOHN: Mr. Floyd, how is the EdVenture Children's Museum related to Winthrop?

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MR. FLOYD: It was started by a group of private individuals and the bulk of the money that will go to build the museum has been through private fund raising.
REP. LITTLEJOHN: Will that be on Winthrop property?
MR. FLOYD: No, sir, EdVenture is going to be here in Columbia. It will be on land leased by the State of South Carolina right in front of the State Museum, matter of fact, so it will be located here in Columbia.
REP. PHILLIPS: Any other questions?
SEN. SHORT: Mr. Floyd, you live in Kershaw County and practice law here in Columbia, is that right?
MR. FLOYD: That's right. We actually live out in Elgin and I've done what my dad did for about twenty some odd years, and that's commute to Columbia.
REP. PHILLIPS: I was looking here, are you a registered voter?
MR. FLOYD: Yes, sir. Actually, when I filled that out, I could not find my registration card so I did not put down my number, but I am a registered voter.
REP. PHILLIPS: I felt like you were, but I was just wondering. Any other questions from any committee members? None. Thank you, Reggie.
MR. FLOYD: Thank you, Mr. Chairman.
REP. PHILLIPS: Next we'll hear from Dr. Leland H. Cox, Jr.
LELAND H. COX, JR., being duly sworn, testifies as follows:
REP. PHILLIPS: Dr. Cox, do you ... by virtue of being elected to this board, would it cause any conflict of interest?
MR. COX: Not at all.
REP. PHILLIPS: Do you hold any other elected office that would cause you to have dual office holding?
MR. COX: I do not.
REP. PHILLIPS: Not an appointed position or anything?
MR. COX: No, sir.
REP. PHILLIPS: None. Do you have any ailments that would constitute where you couldn't be a full time board member that we need to know about?
MR. COX: Other than a bald head that gets a little more sun than I would like every now and then, no, sir, I don't.
REP. PHILLIPS: Thank you, sir, you may go ahead.
MR. COX: Mr. Chairman and members of the committee, thank you very much for the opportunity to speak to you. And just as Reggie set such a good example, I too will be brief. I think it speaks well of Winthrop University that there are clearly four qualified individuals here

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to be considered for the two year term and that whoever is chosen I'm sure will do an absolutely superb job. I'm now in my second year as Headmaster at Christ Church Episcopal School in Greenville, and for twelve years before that was president at the Governor's School for Science and Mathematics over in the big metropolis in Hartsville. During that time we put a great deal of emphasis on both the highest possible academic standards for our state as well as rigorous efforts of making our kids aware of the choices that were available to them in South Carolina, at the same time building both diversity within and among our student body and our teaching faculty. So I was very proud that we were in fact able to retain something over 50 percent of our graduates choosing South Carolina colleges and universities. And as a side note, as we've started, I should say now they, are tracking these kids after they've gone through their four years of college or university and graduate school, we're getting a very healthy number back in the state as well to live and work. And that in a way also connects to my own interest in Winthrop. I'm not an alum, but I've been familiar for the school for a long, long time, twenty plus years going back to when our former president at Lander, Bill Moran, showed up from Berry College in Georgia to be the Dean of Arts and Sciences there. Got to know Bill then in my capacity with the Humanities Council, began doing a lot of work with Winthrop. And I've known Dr. Digorgio ever since he arrived in the State and have worked closely with him. In fact, he served as the chairman of my board for a period of time with the Governor's School. Winthrop, too, has put a premium on attracting South Carolina students and making known to them the good choices that are available. Winthrop was one of the first schools in South Carolina to energetically and aggressively go after these Governor's School students, and in ways that spoke very directly to them -- tuition scholarships, full scholarships, what have you -- and as such, has enjoyed a high degree of success. And I would say that our graduates from the Governor's School who have gone to Winthrop have uniformly had a very, very good experience. I was impressed also just recently, at Christ Church School we are an international baccalaureate school for primary years, middle years, and the two year diploma program, many colleges and universities around the country now are beginning to recognize the I.B. either equal to or preferred to the A.P. curriculum and are beginning to offer inducements for kids who have successfully completed the diploma. Winthrop is the only college or university in South Carolina who has done that. If you are an I.B. diploma candidate, receive the diploma, score at a certain level on the test, then Winthrop is offering you a full tuition scholarship to attend. That's just smart. That's a way of

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putting legs to one's principles. Beyond that, I would say that I have been in education and in this state for probably far many more years than I care to remember. So I do have, I think, a broad grasp of both K through 12, higher education, board processes, strategic planing processes and would indeed consider it an honor if I were to be given the opportunity to serve, Mr. Chairman. That concludes my statement.
REP. PHILLIPS: Thank you, sir. Any questions from any committee member? None. You did a good job, thank you, sir.
MR. COX: I wish I could do that well with my faculty.
REP. PHILLIPS: Okay. We'll hear from Mr. Alan H. Kyber.
ALAN H. KYBER, being duly sworn, testifies as follows:
REP. PHILLIPS: Mr. Kyber, do you hold any other elected or appointed positions that would cause a dual office holding, should you be elected?
MR. KYBER: No.
REP. PHILLIPS: None. Do you have physical ailments that we need to know about that would prevent you from ...
MR. KYBER: Not yet.
REP. PHILLIPS: None. Thank you, sir. Your hobbies and your job opportunities, would they cause any kind of conflict should you be elected to Winthrop?
MR. KYBER: No.
REP. PHILLIPS: None. Go ahead, sir, with a brief statement.
MR. KYBER: I'm a unique candidate that might be here because I've been able to, through my career, to cross over in the educational process of many different backgrounds. I've been a teacher. I've been a principal at the high school in this state. I've been an administrator in this state. I've also been a teacher and an administrator in the college/university level. I've had national exposure through different areas as well as regional exposure and state exposure. And a long time resident of this state by coming to Furman University and marrying a native Greenville, South Carolinian. And we were able to come back and enjoy the last thirty years in which four of my siblings have been able to graduate from state universities here, one at Winthrop. I was even fortunate to work at Winthrop for a four year period of time at the time that men were first coming; and involved in the athletic process, mainly in taking them from an NAIA men's affiliated to NCAA; and was one of four people able to work at building the coliseum from the first brick to the last, which I feel very proud of. I have continued to work in educational processing and still am called upon to consult and used not only in athletics but in other avenues. I feel indebted to this state for where it stands. I'm really more

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regional than national. I've been around and we've got a great state and a great program of all schools here. My vision, and I think that's a key word, I think that's the difference between being successful. And I think I've been fortunate to be not only around successful people but to be successful in the different programs that I have been part of that I've taken either from scratch or from bad or from good situations and taken them on to success. But having vision and insight are important ingredients I think, and I've been fortunate to have these. I do have three areas that I would be interested in Winthrop and their administration because I know the process of the roles of the trustees and the administration, and I'd be very interested in their fields of, first of all, their alumni giving, especially with the endowment of faculty chairs, scholarships and other types of giving that are normal with your capital gains and other fund raising. I'm also interested to see in this decade what their plans are as far as their academics. They've always had a great school of business, education and the arts. I'm interested to see where they're going maybe in computer technology which is the vision of this century and of course, since they've added a new capital gain with a science building, where that's going to stand, are we going to go in genetics, are we going to go in pharmacy; that we're looking down the road 30 and 40 years, you know, what are their plans. I'm interested in taking a look at that with them. And last, I'm looking at, as a parent, of how students and parents can get financial aid and loans and the availability, not only from Winthrop but even coordinated with the state. And in basis, that's why I have decided that I would apply for this position. Thank you.
REP. PHILLIPS: Any questions? You did a good job too, Mr. Kyber. At this time we'll hear from Mr. John M. Deal, Jr.
JOHN M. DEAL, JR., being duly sworn, testifies as follows:
REP. PHILLIPS: Mr. Deal, do you hold any elected or appointed positions that would cause or constitute a dual office holding should you be elected?
MR. DEAL: No, sir.
REP. PHILLIPS: Do you have any ailments that we need to know about that would prevent you from fully serving?
MR. DEAL: No, sir.
REP. PHILLIPS: Do your occupation and hobbies, would they constitute any kind of problems with serving on the board at Winthrop?
MR. DEAL: No, sir.
REP. PHILLIPS: Go ahead, sir.
MR. DEAL: Mr. Chairman and members of the committee, my name is Johnnie Deal. I'm from Camden. I graduated from Winthrop 18 years

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ago and ten years ago I began my service back to my alma mater by serving on the Alumni Board. I'm currently immediate past president of the Alumni Board and served two years as president preceding that. I've also been two years on the Foundation Board and I've also been for ten years serving on the alumni fund raising arm, the Annual Fund Loyalty Council. I think those expenses and information that I've been privy to over the last ten years, it's just a natural progression for me to continue that service to Winthrop with the Board of Trustees. I'll be glad to entertain any questions the board has.
REP. PHILLIPS: Any questions?
SEN. GLOVER: How would they benefit from your service?
MR. DEAL: Well, I've been up there at least every quarter for the last ten years, hands-on experience with the president, his administrative staff, the Alumni Board, the things that the alumni are doing, again a natural progressions. I think I've been groomed very well to continue my service to my alma mater.
REP. LITTLEJOHN: How about the North Carolina students coming in, how are you all dealing with that?
MR. DEAL: The graduate students can come to Winthrop at the in-state rate, however, not the undergraduates. And we fought that battle for a good while, but we did get the graduate students to come to Winthrop and pay the South Carolina in-state fees.
SEN. SHORT: Johnnie, isn't that just in that Master of Business program?
MR. DEAL: I'm not sure if it's regulated to a certain program, but I was under the impression that any graduate, but I'm not sure if I'm right about that.
SEN. SHORT: I was thinking that it was just ... that's okay, I was just thinking that business, Master of Business.
MR. DEAL: I'm not certain.
REP. PHILLIPS: For the record, Senator Short. Any other questions? Okay. Thank you very much. Gentlemen, you are aware that you're running for an unexpired term of Dr. Crowson who resigned. Are you aware that the legislation has now been through the House and been prepared to put Winthrop College Board of Trustees in Congressional Districts? All of you are very fine candidates and I would ask you to keep an eye next year when we ... whatever the legislative acts set up and how it reacts to your Congressional District, to look because you can, and my have an opportunity to file again very shortly in your Congressional area only. So you would certainly be elected by the General Assembly, as always, but you may file again. This is an at-large now, but it will

Printed Page 2542 . . . . . Friday, May 17, 2002

change. All of them are going to change and be put in two to each Congressional District. And I'm not sure if they're going at-large or not. I'm not sure how that works. I haven't reviewed that legislation yet because it wasn't final at the time. It's still, I think, on the calendar. Any other matters?
REP. LITTLEJOHN: Mr. Chairman, I'd just like to say I'm very pleased that this many people applied for this position and showed their interest in the school.
REP. PHILLIPS: I agree with you and that's why I wanted to tell you if you're not successful in this, please be alert. Because this is what this committee is all about, we're trying to advertise and put it out to where we can get the very best people. And nowadays, with tight budgets in the universities and state government and everything, we need people who are really interested in the school systems and really want to do something, as all of you have good ideas and I wish all of you could go in all at one time and serve. It sure would be nice.
SEN. SHORT: Mr. Chairman, I'd just like to comment that as one of the two senators who actually has Winthrop as a part of their district, I'm delighted at the caliber of all the candidates and I want to thank all of you for taking this opportunity to run. I'm also one of the sponsors of the legislation that changes the way trustees are elected and the reason for doing that is trying to move away from some of the regional status that Winthrop seems to have developed and make it more recognized as the statewide outstanding educational institution that it is. And again, I want to thank all of you for running and offering for this seat. Thank you, Mr. Chairman.
REP. PHILLIPS: Any other questions or any other comments?
REP. LITTLEJOHN: Move for a favorable report on all candidates.
SEN. ALEXANDER: Second.
REP. PHILLIPS: Mr. Littlejohn moved for a favorable report on all candidates. Seconded by Senator Alexander, Senator Glover and Senator Short and voted unanimously on. All in favor, signify by saying aye.

(All committee members respond by saying aye.)

REP. PHILLIPS: All of you are qualified and at the proper time, and Mr. Floyd will be contacting you, hopefully we can get this out very rapidly, and get it on the ... and get it on the Senate and House journal so you can solicit votes. Hopefully we can give you some quality time to solicit votes. We're in the last moments as I told you a while ago, so we don't know when we're going to be here. Thank you very much for coming, we appreciate the committee efforts here today and all of you showing up. Thank you.

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(There being nothing further, the candidate screening concluded at 12:05 p.m.)

Findings of Fact

The Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities finds the following candidates for Boards of Trustees qualified. Background reports from the State Law Enforcement Division show no felony charges against any of the candidates.

Candidates Winthrop University At-Large seat:
Mr. Reggie Lloyd
Dr. Leland H. Cox, Jr.
Mr. Alan H. Kyber
Mr. John M. Deal, Jr.

Respectfully submitted,
Rep. Olin Phillips, Chm. Sen. Warren K.Giese, V. Chm.
Rep. Becky Martin, Sec. Sen. Maggie Glover
Rep. Lanny F. Littlejohn Sen. Thomas Alexander
Rep. Jesse E. Hines Sen. Linda Short

On motion of Senator GIESE, ordered printed in the Journal

ADJOURNMENT

At 11:20 A.M., on motion of Senator COURSON, the Senate adjourned to meet next Tuesday, May 21, 2002, at 12:00 Noon.

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