Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:

Our thought for today is from Lamentations 3:24: "The Lord is my portion, says my soul, therefore, I will hope in Him."
Let us pray. Heavenly Father, Guardian and Keeper of Your people, watch over those who are entrusted with the administration of government. Make them pure and honest. Keep them from temptation and bribery, from favoritism and prejudice, from indolence and neglect of duty. Create in them the earnest desire to serve faithfully. Permit them to experience the joy of noble services completed for a grateful people. Encourage cooperation from those who are served and from those who help to serve. Lead us to do Your will. Hear us, Gracious God. Amen.

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

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

Rep. SCOTT moved that when the House adjourns, it adjourn in memory of Ben Alfred Crouch of Spartanburg, which was agreed to.

The House stood in silent prayer in memory of former Senator James M. Waddell, Jr. of Beaufort.

The following was received:

TO:           The Clerk of the Senate

The Clerk of the House

FROM:   Glenn F. McConnell, Chairman

DATE:   January 16, 2003

In compliance with the provisions of Act 119, 1975, it is respectfully requested that the following information be printed in the Journals of the Senate and the House.

Respectfully submitted,

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

Date Draft Report Issued:   Thursday, January 16, 2003

Date and Time
Final Report Issued:       Tuesday, January 21, 2003, at 10:00 a.m.

Judicial candidates are not free to seek or accept commitments until Tuesday, January 21, 2003 at 10:00 a.m.

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 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

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

Commission's Findings:         QUALIFIED, BUT NOT
NOMINATED
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Anderson meets the qualifications prescribed by law for judicial service as a Circuit Court judge.
Judge Anderson was born on October 13, 1959. He is 43 years old and a resident of Columbia, South Carolina. Judge Anderson provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1984.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge Anderson.
Judge Anderson 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 Anderson reported that he has not made any campaign expenditures.
Judge Anderson 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 Anderson 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 Anderson to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.
Judge Anderson described his continuing legal or judicial education during the past five years as follows:
"During my service as a S.C. Assistant Attorney General, I focused my continuing legal education on trial advocacy, criminal law and

1.   Committee Attorney for the State Employee Grievance Committee;

2.   Prosecutor for the Engineering and Land Surveyor's Board; and

3.   Medical Board Prosecutions, Attorney General Opinions and Criminal Appeals.
During my career at the Attorney General's office I prosecuted numerous criminal cases of all types and handled a wide variety of civil litigation.
On February 1, 1995, I began serving as an Administrative Law Judge. In that capacity I have handled a myriad of civil trial and appellate issues."
Judge Anderson reported the frequency of his court appearances prior to his election as an Administrative Law Judge as follows:
"(a)   Federal:     Infrequently;
(b)   State:       20 or more times a year."
Judge Anderson reported the percentage of his practice involving civil, criminal, and domestic matters prior to his election as an Administrative Law Judge as follows:
"(a)   Civil:       75%;
(b)   Criminal:     25%."
Judge Anderson reported the percentage of his practice in trial court prior to his election as an Administrative Law Judge as follows:
"(a)   Jury:       25%;
(b)   Non-jury:   75%."
Judge Anderson provided that he most often served as sole counsel prior to his election as an Administrative Law Judge.

Pursuant to S.C. Code Ann. Section 2-19-40, the Commission waived the public hearing for Judge Barber since his candidacy for re-election was uncontested and no complaints were received.
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Barber meets the qualifications prescribed by law for judicial service as a Circuit Court judge.
Judge Barber was born on December 20, 1943. He is 59 years old and a resident of Columbia, South Carolina. Judge Barber 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 1969.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge Barber.
Judge Barber 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 Barber reported that he has not made any campaign expenditures.
Judge Barber reported 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;

SCB Circuit Court Judges Associate Meeting, 05/13/98, 6 hrs;

SCCA Judicial Conference, 08/20/98, 8.25 hrs;
1999:     SCB Annual Criminal Law Update, 01/22/99, 7 hrs;

SCB Solo & Small Firm Practitioners Section-Business Valuation, 01/23/99, 3 hrs;

SCACJ Circuit Court Judges Meeting, 05/12/99, 6 hrs;

National Judicial College General Jurisdiction, 07/14/99, 82.75 hrs;

SCTLA 1999 Annual Convention, 08/5/99, 12 hrs;

SCCA Judicial Conference, 08/19/99, 7.25 hrs;
2000:     SCB Annual Criminal Conference, 01/21/00, 6 hrs;

SCACJ S.C. Circuit Court Judges Conference, 05/10/00, 6.5 hrs;

SCTLA Convention, 08/3/00, 12 hrs;

SCCA Annual Judicial Conference, 08/16/00, 7.75 hrs;
2001:     SCB Criminal Law Update, 01/26/01, 6 hrs;

SCACJ S.C. Circuit Court Judges Conference, 05/9/01, 7.5 hrs;

SCB Hot Tips for the Criminal, 06/29/01, 1 hr, Speaker;

SCCA Judicial Conference, 08/23/01, 8.25 hrs;

JBOIC The New Federal Rules, 10/9/01, 1 hr;
2002:     SCB Annual Criminal Law Update, 01/25/02, 6 hrs, Speaker;

JBOIC Post 9/11 Legal Issues, 03/21/02, 1 hr."
Judge Barber reported the following regarding law-related courses he has taught:
"I was an instructor at the University of South Carolina College of Applied Science. I taught Business Law to undergraduate students which primarily covered contracts. I have participated in a number of legal seminars as a speaker on various topics."

This was a two-person office which was primarily engaged in civil litigation practice, a substantial portion of which was workers' compensation, personal injury and domestic practice. We did   practice some criminal law.

8/77-6/97:   Todd & Barber, PC, Columbia, South Carolina (successor to the firm of Marchant, Bates, Todd & Barber)

I engaged in a practice of administrative, domestic, corporate, real estate and workers' compensation law.
7/97-present:   S.C. Court Administration, Circuit Court Judge, Columbia, S.C."
The following is Judge Barber's account of prior judicial positions:
"Circuit Court Judge; July 1997-present; the highest general jurisdiction trial court in South Carolina"
The following is Judge Barber's account of significant orders:
"(a)   C. Dixon Lee, III, et al. v. South Carolina Department of Natural Resources;
(b)   State Farm Fire & Casualty Company v. Tuamafa Barrett, et al.;
(c)   Carolyn M. Taylor v. Wil Lou Gray Opportunity School, et al.;
(d)   Susan Olson v. Faculty House of Carolina, Inc., et al.;
(e)   J. Larry Faulkenberry v. Norfolk Southern Railway Company."
Judge Barber reported the following regarding unsuccessful candidacies:
"I ran unsuccessfully in the Democratic primary for the office of Lt. Governor in 1986. I ran unsuccessfully for At-Large Circuit Court Seat No. 13 in 1996."
(9)   Judicial Temperament:
The Commission believes that Judge Barber's temperament has been and would continue to be excellent.
(10)   Miscellaneous:
The Midlands Citizens Advisory Committee did not submit a report on any candidate to the Commission during the screening process.
Judge Barber is married to Susan Preston Foster Barber. He has three children: Caroline Dill Barber (Deceased); Anna Rutherford Barber, age 13; and Susan Rezner Barber, age 11.
Judge Barber reported that he was a member of the following bar associations and professional associations:
"(a)   Richland County Bar Association;

(1)   Constitutional Qualifications:

Based on the Commission's investigation, Mr. Barnette meets the qualifications prescribed by law for judicial service as a Circuit Court judge.
Mr. Barnette was born on June 20, 1963. He is 39 years old and a resident of Spartanburg, South Carolina. Mr. Barnette provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1989.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Mr. Barnette.
Mr. Barnette 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. Barnette reported that he has not made any campaign expenditures other than those for travel and room and board.
Mr. Barnette 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;

Prosecution of criminal cases;
Spartanburg County Magistrate Court Judge from July 1996 to January 2001:

From July 1996 to July 2000 handled the Civil Court involving Jury and Non-jury matters (about 90%) along with some Criminal Court Jury matters (about 10%). In July 2000 to January 2001, handled the Traffic Court Non-Jury matters (about 90%) as well as Criminal and Civil Court Jury matters (about 10%);
Assistant Solicitor, Seventh Judicial Circuit Solicitor's Office from January 1991 to July 1996:

Prosecution of criminal cases;
Associate, Warlick Law Office from June 1990 to December 1990:

General practice of law with civil litigation, criminal defense, and family law."
Mr. Barnette further provided:
"As the Principal Deputy Solicitor for the Seventh Judicial Circuit Solicitor's Office since January 2001, I have handled the following jury trials:
(a)   State v. John Fitzgerald Johnson, Indictment No. 00-GS-42-3930. Jury trial. Mr. Johnson was found guilty of Armed Robbery. Mr. Johnson received a Life Sentence from the Honorable J. Derham Cole on January 16, 2001.
(b)   State v. Zachery Figbig, Indictment No. 00-GS-42-2967. Jury trial. Mr. Figbig was tried for Criminal Domestic Violence of a High Aggravated Nature and was found guilty of Criminal Domestic Violence. Mr. Figbig received a 30-day sentence from the Honorable J. Derham Cole on January 31, 2001.
(c)   State v. James O'Neal Foster, Indictment Nos. 01-GS-42-421, 01-GS-42-423, 01-GS-42-428, and 01-GS-42-441.   Jury trial. Mr. Foster was found guilty of Kidnapping, Burglary 1st degree, Criminal Domestic Violence of a High and Aggravated Nature, and Resisting Arrest (assault). He received a 30-year sentence from the Honorable Don Beatty on March 1, 2001.
(d)   State v. Kenji Jerome Manning, Indictment Nos. 01-GS-42-1641 thru 01-GS-42-1643. Jury trial. Mr. Manning was found guilty of Murder and two counts of Assault With Intent to Kill. He received a

Mr. Barnette provided the following list of jury trials that he tried with Solicitor Harold G. "Trey" Gowdy:

(a)   State v. Richard Bernard Moore, Indictment Nos. 00-GS-42-617, 00-GS-42-619, and 01-GS-42-2460.   Jury trial. Mr. Moore was found guilty of Murder, Armed Robbery, and Assault with Intent to Kill. He received a sentence of death by the jury and issued by the Honorable Gary E. Clary on October 22, 2001. Deputy Solicitor Donnie Willingham was also involved in this death penalty trial;

(b)   State v. Anthony Michael Owens, Indictment Nos. 01-GS-42-902 thru 01-GS-42-909. Jury trial. Mr. Owens was found guilty of three counts of Kidnapping, one count of Assault and Battery with Intent to Kill, and three counts of Assault with Intent to Kill. He received a life sentence from the Honorable J. Derham Cole on November 15, 2001;

(c)   State v. William C. Seich, Indictment No. 02-GS-42-374. Jury trial. Mr. Seich was found guilty of Murder. He received a life sentence from the Honorable J. Derham Cole on February 27, 2002."

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

"(a)   Civil:   From July 1996 to July 2000-90% as the Spartanburg County Magistrate Judge in charge of the Civil Division involving Non-jury and Jury matters. From July 2000 to January 2001-10% involving Jury trials involving civil matters;

(b)   Criminal:   From July 1996 to July 2000-10% as Spartanburg County Magistrate Court Judge involving Criminal trials, issuing of arrest warrants and search warrants, preliminary hearings, and bond hearings. From January 2001 to present-100% involving jury trials, motions, bonds, and the scheduling of Solicitor's Office matters in General Sessions Court;

(c)   Domestic:   None."
Mr. Barnette reported the percentage of his practice in trial court during the last five years as follows:
"(a)   Jury:         30%;
(b)   Non-jury:     70%."
Mr. Barnette provided that he most often served as Chief Counsel.
The following is Mr. Barnette's account of his five most significant litigated matters:
"(a)   State v. Alonzo Mack, General Sessions Indictment No. 95-GS-42-2742. Mr. Mack was convicted of Murder and Possession of a Firearm during the Commission of a Violent Crime by a jury. The defendant was sentenced by the Honorable Paul Burch to a life

(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Beatty meets the qualifications prescribed by law for judicial service on the Court of Appeals.

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

Judge Beatty described his continuing legal or judicial education during the past five years as exceeding the CLE requirement each year. He attended courses pertaining to the following areas: Criminal Law, Evidence, Civil Rights, and Financial Statements in the Courtroom.
Judge Beatty reported that he has taught Business Law at Limestone College.
Judge Beatty reported that he has not published any books and/or articles.
(4)   Character:
The Commission's investigation of Judge Beatty did not reveal evidence of any founded grievances or criminal allegations made against him. The Commission's investigation of Judge Beatty did not indicate any evidence of a troubled financial status. Judge Beatty has handled his financial affairs responsibly.

Judge Beatty reported that he is not rated by Martindale-Hubbell.

Judge Beatty reported the following regarding his military service: "1974-1976 U.S. Army (Active Duty); 1976-1981 Reserves; achieving the rank of Captain, and receiving an Honorable Discharge."

Judge Beatty stated that he was elected to the South Carolina House of Representatives and served from 1991 until 1995; he served on the Spartanburg City Council from 1989 until 1990.
(6)   Physical Health:
Judge Beatty appears to be physically capable of performing the duties of the office he seeks.
(7)   Mental Stability:
Judge Beatty appears to be mentally capable of performing the duties of the office he seeks.
(8)   Experience:
Judge Beatty was admitted to the South Carolina Bar in 1979.
He provided the following account of his legal experience since graduation from law school:
"1979-1981:   Neighborhood Legal Assistance Program, Civil Practice;
1981-1989:     Sole practitioner, General Practice;
1989-1991:     Beatty, Vick & Tullis, General Practice;
1991-1995:     Beatty Law Firm, General Practice;
1995-Present:   Circuit Court Judge."
Judge Beatty reported the frequency of his court appearances prior to his election to the Circuit Court bench as follows:
"(a)   Federal:   infrequently;
(b)   State:     weekly."
Judge Beatty reported the percentage of his practice involving civil, criminal, and domestic matters prior to his election to the Circuit Court bench as follows:
"(a)   Civil:       40%;
(b)   Criminal:     30%;
(c)   Domestic:   30%."
Judge Beatty reported the percentage of his practice in trial court prior to his election to the Circuit Court bench as follows:

"(a)   State v. Bates. A retarded man who could not read, count or handle his own affairs was accused of being the leader of a drug-dealing ring. The defendant was acquitted;

(b)   State v. Cunningham. Armed robbery of a motel. The identification of the defendant was obtained through a tainted line-up by the detective involved. The defendant was acquitted;

(c)   Chrysler Motor Credit v. Ferguson. Credit life insurance was sold to defendant's husband after full disclosure of heart condition. The decedent signed blank forms for salesman, salesman knowingly completed the forms incorrectly. The defendant died shortly thereafter as a result of a massive coronary. The defendant prevailed;

(d)   State v. Mitchell Frazier. Informant charged as co-defendant in a drug trafficking case. State objected to severance of trials. Severance granted. Mr. Frazier was acquitted;

(e)   Harris v. Pentex. Workers compensation case wherein the claimant was persuaded by her supervisors not to file a claim. The statute of limitations was used as a defense when claim was filed. Claimant prevailed."
Judge Beatty has held the judicial position of Judge of the Circuit Court for the Tenth Judicial Circuit from 1995 until present.
Judge Beatty listed the following orders as significant:
"(a)   Elliot v. Richland County, 327 S.C. 175;
(b)   Scott v. Porter, 340 S.C. 158, 530 S.E.2d 389;
(c)   Williams v. South Carolina Insurance Reserve, 2002-CP-42-841;
(d)   United Student Aid Funds, Inc. v. DHEC, 2000 WL 33719670;
(e)   Nicholls and Barber v. Charter Communications Holding Company, LLC and City of Spartanburg and all other similarly situated, 2001-CP-42-3246."
(9)   Judicial Temperament:
The Commission believes that Judge Beatty's temperament has been and would continue to be excellent.

(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Buchan meets the qualifications prescribed by law for judicial service on the Court of Appeals.
Judge Buchan was born on September 26, 1952. She is 50 years old and a resident of Marion, South Carolina. Judge Buchan 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 1980.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge Buchan.
Judge Buchan 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 Buchan reported that she has not made any campaign expenditures other than those for travel and room and board.
Judge Buchan testified she has not:
(a)   sought or received the pledge of any legislator prior to screening;

(d)   Eisenmann v. Eisenmann. This case remains one of the most significant cases I have heard because it remains the most tragic. Two professionals were involved in a contested divorce and custody action after one of them was involved in a horrible automobile accident which left that party with significant residual disabilities. The injured party's family members got involved, with the divorce and custody action resulting. Both of the parties and their children suffered immeasurably;

(e)   Jane Doe and John Doe v. SCDSS. Fictitious names are used because this is an adoption case. The child adopted first came before the Court in a removal case against the biological mother for abuse and neglect. At that time, the child had such severe physical disabilities and developmental delays that medical experts felt she would not live past her first birthday. I heard most of the DSS abuse and neglect cases and was very familiar with the child's condition. In another county, this case was set before me as an adoption. I recognized the child's name. The love and faith and goodness of the Plaintiffs had truly transformed the child and that child's prognosis. The case is significant because it is one of the few with a truly happy ending in Family Court."
Judge Buchan further provided regarding unsuccessful candidacies:
"I was unsuccessful in my bid for the Court of Appeals, Seat 3, in 1999. Although I was found qualified by the Commission, I was not nominated."

Pursuant to S.C. Code Ann. Section 2-19-40, the Commission waived the public hearing for Judge Cooper since his candidacy for re-election was uncontested and no complaints were received.
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Cooper meets the qualifications prescribed by law for judicial service as a Circuit Court judge.
Judge Cooper was born on November 2, 1940. He is 62 years old and a resident of Camden, South Carolina. Judge Cooper 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 1967.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge Cooper.
Judge Cooper 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 Cooper reported that he has not made any campaign expenditures.
Judge Cooper reported 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 Cooper reported 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 Cooper to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.

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

"(a)   Kershaw County Bar Association (1967-Present) (President 1970);

(b)   South Carolina Bar Association (1976-Present) (Fee Dispute Committee, 1978-84 and Legislative Affairs Committee, 1986-90);
(c)   American Bar Association (1997-Present)."
Judge Cooper provided that he was a member of the following civic, charitable, education, social, or fraternal organizations:
"(a)   Camden Country Club, President (1976-77);
(b)   Congaree Land Trust, President (2000), Associated Charities, Director (1987-Present);
(c)   Springdale Hall Club, Secretary and General Counsel (1990-2000);
(d)   Palmetto Club;
(e)   Camden Rotary Club, Paul Harris Fellow (1985-2000)."
The Commission found that Judge Cooper is qualified for continued service as a Circuit Court Judge.

Commission's Findings:       QUALIFIED, BUT NOT
NOMINATED

(1)   Constitutional Qualifications:
Based on the Commission's investigation, Mr. Davis meets the qualifications prescribed by law for judicial service as a Circuit Court judge.
Mr. Davis was born on June 17, 1965. He is 37 years old and a resident of Columbia, South Carolina. Mr. Davis provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1991.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Mr. Davis.
Mr. Davis demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.
Mr. Davis reported that he has not made any campaign expenditures.
Mr. Davis testified he has not:
(a)   sought or received the pledge of any legislator prior to screening;
(b)   sought or been offered a conditional pledge of support by a legislator;
(c)   asked third persons to contact members of the General Assembly prior to screening.
Mr. Davis 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. Davis to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.
Mr. Davis described his continuing judicial education during the past five years as follows:
"I have attended the annual South Carolina Public Defender's Conference four out of the past five years. During calendar year 2000,

The Commission's investigation of Mr. Davis did not reveal evidence of any founded grievances or criminal allegations made against him. The Commission's investigation of Mr. Davis did not indicate any evidence of a troubled financial status. Mr. Davis has handled his financial affairs responsibly.
The Commission also noted that Mr. Davis 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. Davis reported the following with regard to his Martindale-Hubbell rating:
"I'm not sure [sic] what my current rating is. Although I'm [sic] fairly certain that I'm still listed."
Mr. Davis provided the following with regard to his military service:
"I served on active duty in the U.S. Army from July 13, 1983, thru July 14, 1987. I received an Honorable Discharge at the rank of Sergeant. I was called back to Operation Desert Storm and served from December 1990 thru April 1991. I was discharged honorably as a Sergeant. I am currently a reservist with the rank of Major."
(6)   Physical Health:
Mr. Davis appears to be physically capable of performing the duties of the office he seeks.
(7)   Mental Stability:
Mr. Davis appears to be mentally capable of performing the duties of the office he seeks.

Pursuant to S.C. Code Ann. Section 2-19-40, the Commission waived the public hearing for Judge Dennis since his candidacy for re-election was uncontested and no complaints were received.
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Dennis meets the qualifications prescribed by law for judicial service as a Circuit Court judge.
Judge Dennis was born on December 2, 1947. He is 55 years old and a resident of Pinopolis, South Carolina. Judge Dennis provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1973.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge Dennis.
Judge Dennis 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 Dennis reported that he has not made any campaign expenditures.
Judge Dennis reported 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.

Circuit Judges Advisory Committee;

Administrative Law Judge's Committee."
Judge Dennis provided that he was a member of the following civic, charitable, education, social, or fraternal organizations:
"(a)   Lions Club;
(b)   Berkeley High School Mock Trial Team;
(c)   USC Gamecock Club;
(d)   The Hibernian Society."
The Commission found Judge Dennis to be qualified for continued service as a Circuit Court Judge.

(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Dennis meets the qualifications prescribed by law for judicial service as a Circuit Court judge.
Judge Dennis was born on November 11, 1948. He is 54 years old and a resident of Columbia, South Carolina. Judge Dennis provided in his application that he has been a resident of South Carolina for at least

Prosecuted and prepared criminal cases;
1979-1980:     Associate with Holler, Gregory and McKellar.

General practice of law including trials in all courts;
1990-Present:   Part-time Municipal Judge for the City of Columbia.
1981-1990:     Partner in Holler, Dennis and Olive.

General Practice of Law;
1990-1995:     Sole Practitioner, Law Offices of Steven D. Dennis;

General Practice of Law;
1996-Present:   Holler, Dennis, Corbett, Ormond, Plante & Garner.

Partner, General Practice of Law."
Judge Dennis further provided regarding his experience in civil and criminal matters:

(1)   Constitutional Qualifications:
Based on the Commission's investigation, Mrs. Downey meets the qualifications prescribed by law for judicial service as a Circuit Court judge.
Mrs. Downey was born on June 7, 1965. She is 37 years old and a resident of Columbia, South Carolina. Mrs. Downey 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 1990.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Mrs. Downey.
Mrs. Downey demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.
Mrs. Downey reported that she has not made any campaign expenditures beyond the use of her firm's copier, paper, and postage.
Mrs. Downey testified she has not:
(a)   sought or received the pledge of any legislator prior to screening;
(b)   sought or been offered a conditional pledge of support by a legislator;
(c)   asked third persons to contact members of the General Assembly prior to screening.
Mrs. Downey 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 Mrs. Downey to be intelligent and knowledgeable. Her performance on the Commission's practice and procedure questions met expectations.
Mrs. Downey described her continuing legal education during the past five years as follows:

Practice concentrates in areas of alternative dispute resolution and of bankruptcy and collection law, representing creditors and debtors with an emphasis on adversary proceedings and litigation.
Nelson, Mullins, Riley and Scarborough, L.L.P., Columbia and Greenville, South Carolina. 1990-1997:

Practice focused on bankruptcy law and in particular, domestic law and bankruptcy. Responsibilities included taking the lead or secondary role representing the interests of creditors, unsecured creditors' committees and debtors in medium to large cases."
Mrs. Downey also reported:
"My experience in bankruptcy court litigation is vast. I have trial experience, motions experience and settle most of my cases. A detailed listing of my cases would be voluminous. I usually appear in bankruptcy court more than once a week, and my caseload is ever changing. I encourage you to speak with my colleagues, the two judges, the Office of the United States Trustee or the Chapter 7 and Chapter 13 Trustees about my ability and my experience. My experience in bankruptcy court encompasses application of state law, as bankruptcy law often applies applicable state law. My experience in state court over the last five years has involved scattered lawsuits and motions, mostly in the area of collections matters, installment sales contracts and foreclosure. I have some experience with personal injury cases, judicial dissolution of a business, and also lemon law cases, which incorporate tangential issues, such as fraud, conversion and the UTPA. I have represented plaintiffs and defendants. I have been appointed and selected as a mediator or arbitrator in various state court cases. I do not have criminal experience, so I would need to review criminal law, ask for assistance from other judges and would prefer to have a law clerk with criminal experience."

(1)   Constitutional Qualifications:
Based on the Commission's investigation, Mr. Freeman meets the qualifications prescribed by law for judicial service as a Circuit Court judge.
Mr. Freeman was born on July 25, 1944. He is 58 years old and a resident of Columbia, South Carolina. Mr. Freeman 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 1971.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Mr. Freeman.
Mr. Freeman demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges,

1st Lt., Company Executive Officer, C Company, 1st Btn.,         8th Inf., 4th Inf. Division, Viet Nam

1st Lt., Military Advisor, Republic of Viet Nam Army;

Reserve Duty: U S Army Reserves, USAR School, Columbia, S.C.

Instructor; Army Serial No. 05333003
Honorable Discharge, currently no military obligation."
Mr. Freeman reported that he has held the following public offices:
"(a)   Member of South Carolina House of Representatives, House District 48; elected to serve five terms beginning 1976 ending 1986;
(b)   Chairman, Election Laws   subcommittee, House Judiciary Committee 1980-1986; Appointed to serve by Chairman of House Judiciary Committee;
(c)   Member, House Rules Committee, appointed by Speaker;
(d)   Member, House Operations and Management Committee; Elected by membership;
(e)   Member, South Carolina Coastal Council, 1981-1986; Appointed by Speaker;
(f)   Member, Winthrop University Board of Trustees, 1986-1992; Elected by Joint Assembly of House and Senate;
(g)   Member, Blue Ribbon Panel to Draft Coastal Zone Management Act; Appointed by Chairman of South Carolina Coastal Council."
(6)   Physical Health:
Mr. Freeman appears to be physically capable of performing the duties of the office he seeks.
(7)   Mental Stability:
Mr. Freeman appears to be mentally capable of performing the duties of the office he seeks.

General practice of administrative, domestic relations, general civil and criminal law, magistrate's court;
Spencer & Spencer, Rock Hill, South Carolina, 1981-1986:

Practice criminal, domestic relations, administrative law and civil law; also counsel for several local government subdivisions. After two years discontinued criminal law practice in York County because law partner was assistant solicitor;
Sinkler & Boyd (now Haynesworth, Sinkler & Boyd) Columbia office, 1986-1995:

Government relations, administrative law, civil litigation, some criminal practice;
Suggs & Kelly, Columbia, 1995-2001:

Civil litigation, administrative law, government relations.
Law Firm of Palmer Freeman, 2001 to present:

Civil litigation, administrative law, government relations."
Mr. Freeman reported the frequency of his court appearances during the last five years as follows:
"(a)   Federal:   Eight to ten trials in five years. Numerous motion and other appearances during the same period;
(b)   State:       Eight to ten trials in five years. Numerous motion and other appearances during the same period."
Mr. Freeman reported the percentage of his practice involving civil, criminal, and domestic matters during the last five years as follows:
"(a)   Civil:   90%;
(b)   Criminal:   5%;
(c)   Domestic:   5%."
Mr. Freeman reported the percentage of his practice in trial court during the last five years as follows:
"(a)   Jury:   90%   of these, 90% of the cases I handled were   settled or disposed of before they went to trial;
(b)   Non-jury:   10%."
Mr. Freeman provided the following:
"Two-thirds of my cases involve co-counsel who participate in varying degrees in preparing the case for trial. Usually I am contacted to assist other attorneys in the trial of a case. I was chief counsel on all of these cases except three. As to those three cases, I served a co-

Pursuant to S.C. Code Ann. Section 2-19-40, the Commission waived the public hearing for Judge Goode since his candidacy for re-election was uncontested and no complaints were received.
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Goode meets the qualifications prescribed by law for judicial service as a Circuit Court judge.
Judge Goode was born on August 7, 1950. He is 52 years old and a resident of Winnsboro, South Carolina. Judge Goode provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1976.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge Goode.
Judge Goode demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.
Judge Goode reported that he has not made any campaign expenditures.
Judge Goode reported 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 Goode reported 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 Goode to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.
Judge Goode described his continuing legal or judicial education during the past five years as follows:

Associate with Columbia law firm of Hyatt & Elliott.
January 1, 1978-June 28, 1999:

General trial practice in Winnsboro, S.C.

Fairfield County Attorney.
I was elected to the Circuit Court bench June 2, 1999, and was sworn in on June 28, 1999."
Judge Goode provided the following list of five of his most significant orders:
"(a)   99-CP-25-214   , Alfred Middleton, et al. v. Cooper Tire & Rubber Company and Audon Ontiveros;
(b)   00-CP-43-250   , Joe Edward Moore, Jr. v. City of Sumter;
(c)   98-CP-10-4430, The Estate of Randall E. Donaldson, Sr., by and through his Personal Representative, Dianne J. Donaldson v. Mobel Insurance Company, et al.;
(d)   99-CP-40-4530, Rick's Amusements, et al. v. State of South Carolina;
(e)   01-CP-12-189   , Chester County Council, et al. v. Dan Peach, et al."
(9)   Judicial Temperament:
The Commission believes that Judge Goode's temperament has been and would continue to be excellent.
(10)   Miscellaneous:
The Piedmont Citizens Advisory Committee reported that Judge Goode "impressed the committee by his hard work and endeavors to be a good judge. The committee finds the Honorable Kenneth G. Goode to be qualified to be re-elected to At-Large Seat #8."
Judge Goode is married to Betty Gail Massey Goode. He has three children: Marshall Smith Goode, II, age 22; Taylor Suzannah Goode, age 20; and Kenneth George Goode, Jr., age 19.
Judge Goode reported that he was a member of the following bar associations and professional associations:
"(a)   S.C. Bar Association, November 1976-present; House of Delegates, 1994;
(b)   S.C. Trial Lawyers Association, 1976-present;
(c)   American Trial Lawyers Association, 1980-present;
(d)   S.C. Association of County Attorneys, 1980-1999; Vice President approximately 1992;
(e)   S.C. Criminal Defense Attorneys Association, 1997-present."
Judge Goode provided that he was a member of the following civic, charitable, education, social, or fraternal organizations:
"(a)   Elected to House of Delegates of S.C. Bar Association;
(b)   Elected Vice-President of S.C. Association of County Attorneys;

Pursuant to S.C. Code Ann. Section 2-19-40, the Commission waived the public hearing for Judge Gregory since his candidacy for re-election was uncontested and no complaints were received.
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Gregory meets the qualifications prescribed by law for judicial service as a Circuit Court judge.
Judge Gregory was born on March 15, 1941. He is 61 years old and a resident of Beaufort, South Carolina. Judge Gregory 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 1967.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge Gregory.
Judge Gregory 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 Gregory reported that he has not made any campaign expenditures.
Judge Gregory 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 Gregory 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 Gregory to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.

Law Clerk to the Honorable Bruce Littlejohn, Associate Justice, S.C. Supreme Court;
July 1968-March 31, 1969:

Associate in Law Office of Roy McBee Smith, Spartanburg, S.C. General Practice of Law;
April 1, 1969-1981:

Associate of James P. Harrelson, Esquire, Walterboro, S.C. and partner in law firm of Harrelson & Gregory. General Practice of Law;
1981-June 30, 1991:

Sole practitioner in Walterboro. General   Practice of Law;
July 1, 1991 to present: Circuit Judge."
Judge Gregory reported the following relative to prior judicial positions:
"Resident Circuit Judge, 14th Judicial Circuit, Seat #2, July 1, 1991 to present."
Judge Gregory provided the following list of significant orders:
"(a)   529 S.E.2d 758, Becker v. Wal-Mart Stores;
(b)   344 S.C. 315, 543 S.E.2d 278, Roof v. Swanson, et al.;
(c)   517 S.E.2d 449, Duncan v. Hampton County School District #2;
(d)   544 S.E.2d 634, Toomer, et al. v. Norfolk Southern Railway Co., et al.;
(e)   Unpublished Opinion No. 2002-UP-022, The State v. Phinizy Heyward."
(9)   Judicial Temperament:
The Commission believes that Judge Gregory's temperament has been and would continue to be excellent.
(10)   Miscellaneous:
The Lowcountry Citizens Advisory Committee reported: "Judge Jackson V. Gregory is highly recommended for re-election to the Circuit Court for the Fourteenth Judicial Circuit, Seat 2."
Judge Gregory is married to Marjorie J. Gregory. He has three children: Frances E. Gregory, age 30; Hallie L. Gregory, age 28; and Anna J. Gregory, age 22.
Judge Gregory reported that he was a member of the following bar associations and professional associations:
"(a)   S.C. Bar Association;
(b)   Beaufort County Bar Association."
The Commission found Judge Gregory to be qualified for continued service as a Circuit Court Judge.

(1)   Constitutional Qualifications:
Based on the Commission's investigation, Mr. Harris meets the qualifications prescribed by law for judicial service as a Circuit Court judge.
Mr. Harris was born on April 10, 1959. He is 43 years old and a resident of Cheraw, South Carolina. Mr. Harris provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1984.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Mr. Harris.
Mr. Harris 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. Harris reported that he has not made any campaign expenditures.
Mr. Harris 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. Harris 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. Harris to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.
Mr. Harris described his continuing legal education during the past five years as follows:
"My continuing legal education is current, and I have attended CLE's during the past five years covering topics from advocacy, local government, evidence and ethics."

The Commission's investigation of Mr. Harris did not reveal evidence of any founded grievances or criminal allegations made against him. The Commission's investigation of Mr. Harris did not indicate any evidence of a troubled financial status. Mr. Harris has handled his financial affairs responsibly.
The Commission also noted that Mr. Harris 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. Harris reported that his last available Martindale-Hubbell rating was "BV."
Mr. Harris reported that he was elected to the South Carolina House of Representatives and served from 1997 to 2000.
(6)   Physical Health:
Mr. Harris appears to be physically capable of performing the duties of the office he seeks.
(7)   Mental Stability:
Mr. Harris appears to be mentally capable of performing the duties of the office he seeks.
(8)   Experience:
Mr. Harris was admitted to the South Carolina Bar in 1984.
He reported his work history since graduation from law school as follows:
"After graduating from law school in 1984, I served as law clerk to the Honorable Larry Richter, a Circuit Court Judge in Charleston. I clerked for one year, then returned to my home town of Cheraw to enter private practice in 1985, and I have been in private practice ever since. I have been with the same firm continuously. The present name of our firm is Harris, McLeod & Ruffner, although the name has changed some over the years as partners have retired or left for other endeavors.

(b)   Max Dafoe Evans, Appellant v. Helen Loree Evans, Respondent, S.C. Supreme Court, decided April 9, 1990.
(9)   Judicial Temperament:
The Commission believes that Mr. Harris' temperament would be excellent.
(10)   Miscellaneous:
The Pee Dee Citizens Advisory Committee reported: "C. Anthony Harris has achieved a varied perspective in his service as a legislator and 'small town' lawyer which will serve him well should he be

(1)   Constitutional Qualifications:
Based on the Commission's investigation, Mr. Hayes meets the qualifications prescribed by law for judicial service as a Circuit Court judge.
Mr. Hayes was born on August 6, 1958. He is 44 years old and a resident of Spartanburg, South Carolina. Mr. Hayes provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1984.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Mr. Hayes.
Mr. Hayes 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. Hayes reported that he has made campaign expenditures exceeding $100, and that he has filed the appropriate disclosures with the House and Senate Ethics Committees.
Mr. Hayes 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. Hayes 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. Hayes to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.
Mr. Hayes described his continuing legal education during the past five years as follows:
"2002:   NALS, Federal Court Overview. Topics included U.S. Attorney's Office, U.S. Probation Office, Court Reporting, Clerk of

The Commission's investigation of Mr. Hayes did not reveal evidence of any founded grievances or criminal allegations made against him. The Commission's investigation of Mr. Hayes did not indicate any evidence of a troubled financial status. Mr. Hayes has handled his financial affairs responsibly.
The Commission also noted that Mr. Hayes 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. Hayes reported that his Martindale-Hubbell rating is "AV."

Mr. Hayes provided the following report of public offices he has held:

"(a)   Commission Member, Spartanburg Memorial Auditorium. Appointed approximately 1994;

(b)   Chairman, Spartanburg Memorial Auditorium, 2000-present. Appointed by Spartanburg County Counsel."

Pursuant to S.C. Code Ann. Section 2-19-40, the Commission waived the public hearing for Chief Judge Hearn since her candidacy for re-election was uncontested and no complaints were received.
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Hearn meets the qualifications prescribed by law for judicial service as a Chief Judge on the Court of Appeals.
Judge Hearn was born on January 30, 1950. She is 52 years old and a resident of Conway, South Carolina. Judge Hearn provided in her application that she has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1977.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge Hearn.
Judge Hearn demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.
Judge Hearn reported that she has not made any campaign expenditures.
Judge Hearn reported she has not:
(a)   sought or received the pledge of any legislator prior to screening;
(b)   sought or been offered a conditional pledge of support by a legislator;
(c)   asked third persons to contact members of the General Assembly prior to screening.
Judge Hearn reported that she is aware of the Commission's 48-hour rule regarding the formal and informal release of the Screening Report.
(3)   Professional and Academic Ability:
The Commission found Judge Hearn to be intelligent and knowledgeable. Her performance on the Commission's practice and procedure questions met expectations.
Judge Hearn described her continuing judicial education during the past five years as follows:

Member, Executive Board (2001-present);

Education Chair, Executive Board (2001-present)."
Judge Hearn further provided that she was a member of the South Carolina Board of Bar Examiners from 1984-1986.
The Commission found Judge Hearn to have provided valuable leadership and service to the Court of Appeals and to be qualified for re-election as Chief Judge.

(1)   Constitutional Qualifications:
Based on the Commission's investigation, Mr. Hemlepp meets the qualifications prescribed by law for judicial service as a Circuit Court judge.
Mr. Hemlepp was born on October 4, 1965. He is 37 years old and a resident of Winnsboro, South Carolina. Mr. Hemlepp 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 1992.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Mr. Hemlepp.

This case was significant to me for several reasons. First of all, I was quite proud of the personal progress my client made throughout this ordeal. By the end of the case, she was a vibrant and empowered person who was able to hold her head up and take care of herself. I have heard that she continues to do well and I believe I helped her with that process. The case was professionally significant because, although it began as a routine divorce, it touched upon so many different issues: family law, domestic violence, criminal law, bankruptcy law, and insurance law.
(c)   State v. Lawrence Bunnell. The defendant in this case was charged with multiple counts of criminal sexual conduct with a minor. Mr. Bunnell had been charged with sex crimes against children at least four times prior to the Chester charges that I had handled in various locations but had never been convicted. After the police investigated the case, I was able to determine that several different victim survivors, in various parts of South Carolina, had been sexually assaulted. I planned to use the testimony of the victim survivors pursuant to State v. Lyle. In the end, the defendant pled guilty and received what I believe to be a fair and substantial sentence. This case was the most egregious child sexual abuse case that I have personally handled.
(d)   State v. Jimmy Lynn Sweat.   The defendant in this case was walking along Highway 34 between Kershaw and Fairfield Counties when he saw a young woman, who was the daughter of a respected and well-known law enforcement officer. He offered her a ride, which she accepted, and the ride ended in her being brutally beaten, repeatedly and violently raped and then left, naked, duct-taped to a tree and left to die. She bravely escaped and ran unclothed into the road to flag down a passing motorist. Law enforcement, through forensic evidence including DNA and microscopic examination of the duct tape, was able to solve this heinous crime. The defendant eventually pled guilty and

The trial went very well and my victim was a wonderful, intelligent witness. Onlookers in the courtroom were convinced of his guilt and eventual conviction. After closing arguments, but before the jury instructions, the trial judge broke court for the day to resume the next morning. During my thirty-minute drive home, I began to be concerned as I considered the testimony. That evening, I called the Sixth Circuit Victim-Witness Coordinator at her home to discuss my concerns only to find out that she had the same questions. From the information supplied to the victim-advocate, which I did not know and which did not appear directly relevant at first, and from the information I knew, we were able to determine that the testimony of the victim on the witness stand was untruthful. She had lied. A review of our case convinced us of the defendant's innocence. We confronted the victim the next morning and upon gentle questioning, she ran from the room and left the building. I realized that we were right, but (1) we would never be able to prove perjury and (2) to reveal too much would injure more people than it would help.

When court began, outside of the presence of the jury I moved for dismissal of the charges with prejudice, but gave my apologies to the court that I was unable to give a grounds. Of course, defense counsel consented and the case was dismissed. It was a difficult decision to take a felony trial and give up. But this case was significant to me because I feel that my ethical nature was being tested and that I passed. I had caught victims lying before, but this was the first case to

(1)   Constitutional Qualifications:
Based on the Commission's investigation, Mr. Josey meets the qualifications prescribed by law for judicial service as a Circuit Court judge.
Mr. Josey was born on November 28, 1960. He is 42 years old and a resident of Florence, South Carolina. Mr. Josey provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1985.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Mr. Josey.
Mr. Josey 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. Josey reported that he has made $5 in campaign expenditures for postage.
Mr. Josey 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. Josey 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. Josey to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.
Mr. Josey described his continuing legal education during the past five years as follows:
"As United States Attorney, much of my continuing legal education was in conjunction with National Conferences sponsored by the

A. An Analysis of Silkwood v. Kerr-McGee Corp.-Are Punitive Damages and Exclusive Federal Regulation Consistent? 36 S.C.L. Rev. 689 (1985).

B.   Annual Survey of South Carolina Law (Labor and Employment Section), 36 S.C.L. Rev. 179 (1984).

Employment Discrimination and Title VII: Appropriate Conceptual Frameworks for Different Claims.

Fetal Vulnerability Plan: Disparate Treatment Absent Intent.

Title VII and The Sexually Offensive Work Environment: A Warranty of Workability.

Wildcat Strikes and Local Union Liability.
(b)   The United States Attorney's Office published a quarterly (or so) newsletter primarily for law enforcement agencies and I contributed articles to that publication (part inspirational and part educational)."
(4)   Character:

The Commission's investigation of Mr. Josey did not reveal evidence of any founded grievances or criminal allegations made against him. The Commission's investigation of Mr. Josey did not indicate any evidence of a troubled financial status. Mr. Josey has handled his financial affairs responsibly.
The Commission also noted that Mr. Josey 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. Josey reported that his Martindale-Hubbell rating is "AV."
Mr. Josey described public offices other than judicial office he has held:
"From May 1996 through February 2001, I served as the United States Attorney for the District of South Carolina. I was appointed by the President and unanimously confirmed by the United States Senate.
In March of 2001, I was appointed by Florence City Council to serve as a commissioner on the Florence Civic Center Commission-the governing body for the regional auditorium/arena located in Florence. I still serve on that commission and was elected chairman by my fellow commissioners in July of this year."
(6)   Physical Health:
Mr. Josey appears to be physically capable of performing the duties of the office he seeks.

I have handled numerous other civil appeals. I have generally enjoyed composing briefs. I have recently completed briefings in two appeals that are presently pending-one in the South Carolina Court of Appeals (Wise v. Jarrell) and one in the Fourth Circuit (Ballwenz v. Precision Communications)."
Mr. Josey further provided information concerning the criminal appeals he has handled:

(1)   Constitutional Qualifications:
Based on the Commission's investigation, Mr. King meets the qualifications prescribed by law for judicial service as a Circuit Court judge.
Mr. King was born on February 7, 1941. He is 61 years old and a resident of Spartanburg, South Carolina. Mr. King 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 1968.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Mr. King.
Mr. King 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. King reported that he has not made any campaign expenditures.
Mr. King 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. King testified that he is aware of the Commission's 48-hour rule regarding the formal and informal release of the Screening Report.

IADC, Annual Meeting, Jul. 8, 2002, 3 hrs;
2001:     LWTM, Work Flow Planning, May 18, 2001, 2.5 hrs;

SCMAA, Annual Meeting, Nov. 30, 2001, 8.42 hrs;
2000:     AHCA, Longterm Care Litigation, Aug. 3, 2000, 10.5 hrs;

SCMAA, Annual Meeting, Dec. 1, 2000, 6.75 hrs;
1999:     IMLA, Annual Conference, Sep. 26-27, 1999, 10 hrs;

DRI, Defending the Nursing Home, Oct. 28, 1999, 10.5 hrs;

SCMAA, Annual Meeting, Dec. 3, 1999, 5 hrs;
1998:     S.C. Bar, Products Liability-The Complex Case, Oct. 23, 1998, 6 hrs;

AHCA, Legal Defense Conference, Nov. 12, 1998, 9 hrs;

SCMAA, Annual Meeting, Dec. 4, 1998, 5 hrs;
1997:     LWTM, Firm Retreat: Strengthening Client Relations, Mar. 15, 1997, 5.5 hrs;

S.C. Bar, Advanced Construction Law in S.C., Sep. 19, 1997, 5 hrs;

IMLA, Annual Conference, Nov.17, 1997, 5 hrs.
(IADC - International Association of Defense Counsel);
(LWTM - Leatherwood Walker Todd & Mann, P.C.);
(SCMAA - South Carolina Municipal Attorneys Association);
(IMLA - International Municipal Lawyers Association);
(AHCA - American Health Care Association)."
Mr. King reported that he has taught the following law-related courses:
"(a)   'What to Do When an Employee is Injured on the Job,' Feb. 1996, Spartanburg Development Association, Spartanburg, S.C., Presenter, 1 hour.
(b)   'Malpractice Cases in Long Term Care Facilities: Prevention and Management,' presented to the South Carolina Healthcare Association, Columbia, S.C., Dec. 9, 1999, Presenter, 3 hours.
(c)   'Dealing With the Press-Advocacy vs. No-Comment,' Municipal Association Annual Meeting, Columbia, S.C., Dec. 2000, Presenter, 2 hours."

"July 1968-July 1976:

Means, Evins, Browne & Hamilton and successor Butler, Means, Evins & Browne, Spartanburg, South Carolina. Entry level associate through partner. Work included real estate, administrative law and general litigation, primarily related to automobile and personal injury defense.

July 8, 1969-July 9, 1971:

City Prosecutor, City of Spartanburg. Prosecuted criminal and traffic cases in Municipal Court.
July 1976-July 1992:

King and Cole and successors King and Cothran; King, Cothran & Hray, King, Hray & Kanes; and King & Hray, Spartanburg, S.C. Following departure from Butler, Means, Evins & Browne practiced law with Alexander Hray, Jr. from October 1981 and continuing; with James C. Cothran, Jr. from July 1, 1978 through July 31, 1988; with Karen Kanes Floyd from September 1988 through May 1992; with Edward Cole from July 1976 through October 1979. General litigation and workers' compensation.
July 1, 1987 to present:

City Attorney for City of Spartanburg. Principal legal officer for the City of Spartanburg, providing general advice to City Council and the City staff, oversee litigation, preparation and review of all ordinances, resolutions and contracts. Actively involved in City's public-private development.
August 1, 1992 to present:

Leatherwood Walker Todd & Mann, P.C. Practice is primarily litigation related to product liability, nursing home and medical malpractice. Approximately 50% of my time is in the private practice of law."
Mr. King further reported regarding his experience in civil and criminal matters:
"Significant trial experience of civil cases. Cases handled include personal injury, breach of contract, employment, condemnation, product liability, construction, motor vehicle accident and professional liability. Included trials and appeals. Substantial experience in workers' compensation claims. In the last five years, private practice experience has primarily been related to product liability, trucking and transportation, and professional liability.
While I have practiced very little in the Court of General Sessions, I believe my past experience as City Prosecutor, as a Staff Judge Advocate and as legal advisor to the City of Spartanburg Police Department gives me an understanding of criminal procedure. I would participate in CLE training focusing on Rules of Criminal Procedure."
Mr. King reported the frequency of his court appearances during the last five years as follows:
"(a)   Federal:   Several times per year;
(b)   State:     Practice is primarily in State Court. Average 2-3 times a week on motion and non-jury matters. Civil trials approximately once a month."
Mr. King reported the percentage of his practice involving civil, criminal, and domestic matters during the last five years as follows:

(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Lee meets the qualifications prescribed by law for judicial service on the Court of Appeals.
Judge Lee was born on September 17, 1958. She is 44 years old and a resident of Columbia, South Carolina. Judge Lee provided in her application that she has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1984.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge Lee.
Judge Lee demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.
Judge Lee reported that she has made $88.20 in campaign expenditures for stationery.
Judge Lee testified she has not:
(a)   sought or received the pledge of any legislator prior to screening;
(b)   sought or been offered a conditional pledge of support by a legislator;

National Judicial College - Advanced Evidence (1 week);

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

South Carolina Woman Advocate: Making Practice Perfect (7.5);
1998 - carried over credits from 1997;

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

South Carolina Woman Advocate (4.25);

Employment and Labor Law (3.0);

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

Annual Criminal Law Update (7.0);

Circuit Judges Orientation School (17.25);

S.C. Judicial Conference (7.25);

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

National Judicial College - General Jurisdiction (58.08);

Annual Criminal Law Update (6.0);

S.C. Circuit Judges Conference (6.5);

S.C. Judicial Conference (7.75);
2001 - carried over credits from 2000;

Annual Criminal law Update (6.0);

S.C. Circuit Judges Conference (7.5);

S.C. Judicial Conference (8.25)."
Judge Lee reported that she has taught the following law-related courses:
"(a)   JCLE, Basic Elements of Proof in the Family Court (Aug. 1985) Topic: Settling the Family Court Record on Appeal;
(b)   Basic Federal Court Practice (Sep. 1985) Topic: Pretrial Orders, Sanctions & Local Rules;

The Commission's investigation of Judge Lee did not reveal evidence of any founded grievances or criminal allegations made against her. The Commission's investigation of Judge Lee did not indicate any evidence of a troubled financial status. Judge Lee has handled her financial affairs responsibly.
The Commission also noted that Judge Lee was punctual and attentive in her dealings with the Commission, and the Commission's investigation did not reveal any problems with her diligence and industry.
(5)   Reputation:
Judge Lee reported that she is not rated by Martindale-Hubbell.
(6)   Physical Health:
Judge Lee appears to be physically capable of performing the duties of the office she seeks.
(7)   Mental Stability:
Judge Lee appears to be mentally capable of performing the duties of the office she seeks.
(8)   Experience:
Judge Lee was admitted to the South Carolina Bar in 1984.
Judge Lee provided the following account of her legal experience since graduation from law school:
"1982-83:     Law Clerk to the Honorable Israel M. Augustine, Jr., Louisiana Fourth Circuit Court of Appeals;
1983-84:     Law Clerk to the Honorable C. Tolbert Goolsby, Jr., South Carolina Court of Appeals;
1984-89:     Associate, McNair Law Firm, P.A.

Primarily litigation in contract or consumer related issues. Last two years practiced labor and employment related litigation;
1989-94:       Staff Counsel, S.C. Legislative Council.

Drafting legislation and amendments for members of the General Assembly in the areas of transportation, crime, corrections and prisons, and education;
1994-1999:     Administrative Law Judge.

Presiding over administrative hearing relating to insurance, environmental permitting, alcoholic beverages, wages, taxes, video poker, bingo, appeals from occupational licensing boards, and hearings on regulations promulgated by certain state agencies;
1999-2002:     Circuit Court Judge.

Court of general jurisdiction in criminal and civil matters. Appellate jurisdiction over municipal, magistrate cases as well as administrative agencies and boards or commissions."
Judge Lee reported the frequency of her court appearances prior to being elected to a judgeship as follows:
"(a)   Federal:   90% of the cases I handled in private practice were in federal court (1984-89);
(b)   State:     10% of the cases I handled in private practice were in state court (1984-89);"
Judge Lee reported the percentage of her practice involving civil, criminal, and domestic matters prior to being elected to a judgeship as follows:
"(a)   Civil:     (1984-89)   80%;
(b)   Criminal:   (1984-89)   20%;
(c)   Domestic:           handled 2-3 court appointed cases between 1984-89."
Judge Lee reported the percentage of her practice in trial court prior to being elected to a judgeship as follows:
"Jury:     (1984-89)       10%; a majority of cases were resolved on motions or through settlement."
Judge Lee provided that she most often served as "associate counsel on cases that were actually tried."
The following is Judge Lee's account of her most significant litigated matters prior to serving as a judge:
"(a)   Atkinson v. Citicorp Acceptance Co. (Federal district court). Case decided on summary judgment motion involving the Fair Debt Collection Act, then a new federal statute;

"I did not handle any criminal appeals while in private practice. However, as a circuit court judge I have presided over appeals from magistrate and municipal court cases involving criminal matters."
Judge Lee reported the following regarding her prior judicial positions:
"Elected by the General Assembly in February 1994 to the office of Administrative Law Judge which is a quasi-judicial function within the executive branch of government. Jurisdiction is limited to fact finding within the context of administrative hearings involving taxes, licensing, permitting and rate-making. Act as an appellate body in matters involving occupational licensing and foster care licensing, among others. Conduct public hearings and decide the reasonableness and need for regulations promulgated by certain state agencies.
Elected by the General Assembly in February 1999 to Circuit Court. Re-elected in February 2002. Court of general jurisdiction covering civil and criminal matters. Appellate jurisdiction over administrative agencies and boards and commissions within the executive branch. Also appellate jurisdiction over municipal and magistrate cases."
The following is a list of Judge Lee's five most significant orders or opinions:
"(a)   Ward v. South Carolina, 98-CP-40-4069, reversed 538 S.E.2d 245 (S.C. 2000).   Ward, a federal retiree, filed suit against the State

(d)   Jordan, et al. v. Holt, et al., 96-CP-26-3792.   This was a non-jury trial in partners in a failed restaurant venture sought dissolution of the partnership, an accounting of the assets and claims for damages from the operation of the business. The trial lasted one week and involved voluminous documents, checks, records and photographs;

(e)   Kenneth Curtis v. State of South Carolina (Greenville County). Mr. Curtis sought to enjoin the state from enforcing a statute prohibiting the sale of urine in interstate commerce and to declare the statute unconstitutional."
Judge Lee reported the following unsuccessful candidacies:
"Candidate for Circuit Court At-Large Seat 10. Election in April 1997; withdrew two days before the election. Seat won by James R. Barber III. Also candidate for Circuit Court At-Large Seats 1 and 7; withdrew candidacy when Commission nominated me as a candidate for Seat 11 in February 1999.

(1)   Constitutional Qualifications:
Based on the Commission's investigation, Mr. Limbaugh meets the qualifications prescribed by law for judicial service as a Circuit Court judge.
Mr. Limbaugh was born on August 18, 1957. He is 45 years old and a resident of Columbia, South Carolina. Mr. Limbaugh provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1989.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Mr. Limbaugh.
Mr. Limbaugh 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. Limbaugh reported that he has not made any campaign expenditures.
Mr. Limbaugh 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. Limbaugh 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. Limbaugh to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.
Mr. Limbaugh described his continuing legal education during the past five years as follows:

1990-97:     Civil Litigation (defense and plaintiffs) with Willcox, Buyck & Williams, Florence, South Carolina;
1997-98:     Chief Legal Counsel to the Governor of South Carolina;
1998-2000:     Government relations and civil litigation with Willcox, Buyck & Williams in Columbia, South Carolina;
2000-Present:   Self-employed government relations consultant in Columbia, South Carolina."
Mr. Limbaugh reported the following regarding his experience in civil and criminal matters:
"I have not handled any criminal matters in the past five years. However, I have been a prosecutor and a public defender earlier in my legal career. During my service in the House of Representatives, I served on the Judiciary Committee and on the Criminal Laws Subcommittee. I was a member of the Conference Committee that developed the final version of the Truth in Sentencing and "Three Strikes" laws. I was a member of the Sentencing Guidelines Commission and the Governor's Task Force on Juvenile Justice. So, while I have not actively practiced criminal law recently, my other experiences have kept me abreast of the changes in that area of the law. Should I be elected to the Circuit Court, I would have to spend a bit more time studying the substantive criminal law and would be delighted to do so.
In the 20 years in which I have practiced law, it has been my pleasure to handle a tremendous variety of litigated matters. The early years of my practice were devoted primarily to criminal matters. As a prosecutor, I began by prosecuting misdemeanors and DUI cases. While these cases are less serious than felonies, they very often gave rise to the same sorts of evidentiary and testimonial issues as are found in more serious offenses. At the conclusion of my tenure as a

"Yarde v. Pan American Life Ins. Co. The case was appealed to the Fourth Circuit Court of Appeals. It is significant because of the complexity of the matter, procedurally and substantively. The decision is unpublished, but a copy of the opinion is available if the Committee is interested in reviewing it."
(9)   Judicial Temperament:
The Commission believes that Mr. Limbaugh's temperament would be excellent.
(10) Miscellaneous:
The Midlands Citizens Advisory Committee did not submit a report on any candidate to the Commission during the screening process.
Mr. Limbaugh is married to Nell Quarles Limbaugh. He has two children: Benjamin, age 10; and Leah, age 8.
Mr. Limbaugh reported that he was a member of the following bar associations and professional associations:
"(a)   S.C. Bar Association;
(b)   Florida Bar Association;
(c)   Permanent Member, Fourth Circuit Judicial Conference."

(1)   Constitutional Qualifications:
Based on the Commission's investigation, Mr. Lloyd meets the qualifications prescribed by law for judicial service as a Circuit Court judge.
Mr. Lloyd was born on February 16, 1967. He is 35 years old and a resident of Elgin, South Carolina. Mr. Lloyd 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 1993.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Mr. Lloyd.
Mr. Lloyd 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.

Pursuant to S.C. Code Ann. Section 2-19-40, the Commission waived the public hearing for Judge Lockemy since his candidacy for re-election was uncontested and no complaints were received.
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Lockemy meets the qualifications prescribed by law for judicial service as a Circuit Court judge.
Judge Lockemy was born on September 23, 1949. He is 53 years old and a resident of Dillon, South Carolina. Judge Lockemy provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1974.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge Lockemy.
Judge Lockemy 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 Lockemy reported that he has not made any campaign expenditures.
Judge Lockemy reported 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;

"(a)   State v. Clair E. Luckabaugh, 327 S.C. 495, 489 S.E.2d 657 (Ct.App. 1997). Key issues involved the admission of   evidence of prior acts, including stories written by the defendant concerning sex with comatose victims at trial under SCRE 401 and 404(b).
Another issue was the testimony of a deaf, partially mute witness of a prior bad act who could only speak French or in sign language.

(b)   Hatchell-Freeman v. Freeman, 340 S.C. 552, 532 S.E.2d 299 (Ct. App. 2000). Decedent killed while a prisoner at the County jail at the very end of divorce proceedings. Issue: Who controls the estate? - wife (or is she really an ex-wife) or parent of the deceased.

(c)   Pruitt v. S.C. Medical Malpractice Liability JUA, 343 S.C.335, 540 S.E.2d 843 (2001). The case involved whether a structured settlement in a malpractice case was altered when the JUA purchased an annuity.

Pursuant to S.C. Code Ann. Section 2-19-40, the Commission waived the public hearing for Judge Maddox since his candidacy for re-election was uncontested and no complaints were received.
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Maddox meets the qualifications prescribed by law for judicial service as a Circuit Court Judge.
Judge Maddox was born on June 14, 1958. He is 44 years old and a resident of Anderson, South Carolina. Judge Maddox provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1983.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge Maddox.
Judge Maddox 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 Maddox reported that he has not made any campaign expenditures.
Judge Maddox reported that 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.

(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Manning meets the qualifications prescribed by law for judicial service on the Court of Appeals.
Judge Manning was born on December 7, 1950. He is 52 years old and a resident of Columbia, South Carolina. Judge Manning provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1977.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge Manning.
Judge Manning 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 Manning reported that he has not made any campaign expenditures.
Judge Manning testified he has not:
(a)   sought or received the pledge of any legislator prior to screening;

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

Judge Manning reported his work experience since graduation from law school as follows:

"1979-1983     Attorney and Counselor at Law, Dillon County, private practice;

1980         Part-time Instructor, Florence-Darlington Technical College;

Judge Manning is not married. He has three children: Charlotte, age 22; Casey, Jr., age 21; and Morgan, age 12.
Judge Manning reported that he was a member of the following bar associations and professional organizations:
"(a)   S.C. Bar Association (1977-Present);
(b)   S.C. Bar - Criminal Law Secretary (Chairman 1987-1988);
(c)   American Bar Association;
(d)   S.C. Trial Lawyers Assn., National Minority Delegate;
Greater Columbia Chamber of Commerce, Sports Committee (1973-74);
Richland County Bar Association;
S.C. Bar Board of Law Examiners (1992);
S.C. Bar Special Committee on the Judiciary (1991-92);
S.C. Commission on Judicial Conduct;
S.C. Sentencing Guidelines Commission (1996-Present);
Hearing Masters, Rules on Judicial Discipline & Standards (7-94-12-98);
United States Court of Appeals;
United States District Court, District of South Carolina."

Judge Manning provided that he was a member of the following civic, charitable, educational, social, or fraternal organizations:
"(a)   S.C. Special Olympics, 1989-1996;
(b)   S.C. Athletic Hall of Fame, 1989-Present;
(c)   Columbia Tip-Off Club, 1989-Present (President 1991-1992);
(d)   University of South Carolina Bi-Centennial Committee, 1998-2001;
(e)   Children's Justice Force Committee;
(f)   Citizens Summit Steering Committee."

The Commission was favorably impressed with Judge Manning's prior service on the bench and found him to be well qualified for election as a Judge on the Court of Appeals.

(1)   Constitutional Qualifications:
Based on the Commission's investigation, Mr. Meadors meets the qualifications prescribed by law for judicial service as a Circuit Court judge.
Mr. Meadors was born on September 11, 1956. He is 46 years old and a resident of Columbia, South Carolina. Mr. Meadors provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1988.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Mr. Meadors.
Mr. Meadors 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. Meadors reported that he has not made any campaign expenditures.
Mr. Meadors 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. Meadors 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. Meadors to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.

I prosecuted cases in magistrate and General Sessions Courts. My caseload was composed of all offenses, from shoplifting to murder.
1991-1995:     Office of the Attorney General.

I was assigned to the State Grand Jury Division. I prosecuted major drug conspiracies throughout the state. The biggest case I tried involved seven co-defendants and lasted three weeks. In addition I handled the first child pornography and money laundering cases for the State Grand Jury. This job involved working with and advising law enforcement agents in the investigation of ongoing criminal operations and historical cases. I prepared and presented witnesses before the State Grand Jury and tried the cases in Circuit Courts throughout the state. I was also appointed as Special Assistant United States Attorney in a case involving a heroin distribution conspiracy. In that capacity, I prepared and presented witnesses to the Federal Grand Jury.
1995-Present:     Fifth Judicial Circuit Solicitor's Office.

I am the First Assistant Solicitor for the Fifth Judicial Circuit. In this capacity, I prosecute cases in both Richland and Kershaw Counties. In addition to my responsibilities in Richland County, I am in charge of the daily operations of the Kershaw County office. This includes handling and supervising cases in both General Sessions and Family Court."
Mr. Meadors further reported the following regarding his experience in civil and criminal matters:
"I have been a prosecutor my entire career. I have handled every type of criminal case from magistrate and municipal court offenses to the most serious felonies in Circuit Court, including drug trafficking, criminal sexual conduct cases, burglary, armed robberies and murder. In doing this, I have dealt with all facets of criminal law, including issues such as eyewitness identification, DNA evidence, competency of the defendants, search and seizure and other related issues.
My experience in civil matters includes the handling of and assisting in asset forfeitures in drug cases and driving offenses and judicial commitment proceedings. I think that my trial experience in General Sessions Court provides me with a good foundation which I can build upon to become proficient in Common Pleas Court. The rules of evidence are the same in both criminal and civil trials. I have studied the rules of civil procedure and have followed the changes in the law by reading the Advance Sheets. In addition, I have and will continue to review civil trial transcripts and attend Common Pleas Court whenever possible prior to taking the bench."
Mr. Meadors reported the frequency of his court appearances during the last five years as follows:
"(a)   Federal:   none;
(b)   State:     all."

(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Milling meets the qualifications prescribed by law for judicial service as a Circuit Court judge.
Judge Milling was born on June 6, 1948. He is 54 years old and a resident of Darlington, South Carolina. Judge Milling provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1973.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge Milling.
Judge Milling 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 Milling reported that he has not made any campaign expenditures.
Judge Milling 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 Milling testified that he is aware of the Commission's 48-hour rule regarding the formal and informal release of the Screening Report.

Associate with A. Lee Chandler and Benny R. Greer in their partnership from 1973 until 1976, when Chief Justice Chandler (Ret.) was elected Circuit Court Judge for the Fourth Judicial Circuit;
Greer & Milling:

Partner in this firm from 1976 until 1988 when Judge Greer (Ret.) was elected Family Court Judge of the Fourth Judicial Circuit;
Milling Law Firm, P.A.:

Sole practitioner in successor firm to Greer & Milling:

Involved with the general practice of law. Chief areas of practice: Personal injury claims, construction claims, Workers' Compensation cases, real estate matters, Probate matters, utility law, issues relating to construction and application of certain legislative enactments, criminal law, corporate law, divorce and family law, and School law;
Part time Assistant Solicitor for Darlington County:

Served in this capacity from 1977-1980; served again beginning October 1, 1997, to February 10, 1999;
Part time Assistant Public Defender, 1985;
Part time Chief Public Defender from 1986 to l988 and 1994 to 1997;
Town Attorney:

Served as town attorney for Town of Lamar and Town of Society Hill from 1989 until February 10, 1999;

Served as attorney for the District from July 1988, until June 30, 1996."
Judge Milling described his prior judicial service as follows:
"I am presently serving as Circuit Court Judge, At-Large, Seat One, having been elected February 10, 1999. This is a Court of general jurisdiction in civil and criminal matters. Do not hear Family Court matters."
Judge Milling listed the following cases as the most significant he had decided:
"(a)   Kim Austin v. John M. Trask, Jr., John M. Trask, III, and Greenway Corporation, d/b/a Carolina Buggy Tours, 1997-CP-07-187; Erik J. Cooper v. John M. Trask, Jr., John M. Trask, III, and Greenway Corporation, d/b/a Carolina Buggy Tours, 1997-CP-07-208; and Pamela J. Garcia v. John M. Trask, Jr., John M. Trask, III, and Greenway corporation, d/b/a Carolina Buggy Tours, 1997-CP-07-209. These three (3) cases were consolidated for trial and tried in Beaufort County during the term of May 31, 1999. All three (3) plaintiffs alleged causes of action for civil conspiracy, malicious prosecution, abuse of process, invasion of privacy, intentional infliction of emotional distress and defamation. In addition, Plaintiff Austin, brought a cause of action against the Defendant Trask, Jr, for civil assault.

Defendant's Motions for Directed Verdict were granted as to all causes of action, except for malicious prosecution and Austin's civil assault. The jury returned verdicts for each of the plaintiffs for actual and punitive damages for the malicious prosecution causes of action, as well as for the civil assault cause of action additionally asserted by Plaintiff Austin. A hearing was held following the trial as to punitive damages and the same were found to be appropriate.

The defendants made post trial motions in each case for a new trial absolute or, in the alternative, a new trial nisi remittitur. These were denied. The defendants thereafter moved for reconsideration, as well as renewing again their post trial motions. I granted the motion for new trial nisi remittitur, and reduced the actual damage and punitive damage awards. The plaintiffs agreed to the remittitur. No Motion to Alter or Amend was made as to the remittitur. Thereafter, the defendants appealed. The Court of Appeals has affirmed, in Opinion Number 2002-UP-259, filed April 4, 2002.
(b)   Elayne Thomas Ann Scott (Brunson) v. John Q. Brunson, Sr., Trustee trust for Robert Ashley Brunson, u/w of Muldrow McCoy

Brunson's father, Muldrow McCoy Brunson, died on September 7, 1995, and made certain provisions for his son by way of a trust set up in his Will. The plaintiff filed suit against her former husband's trust interest and moved for summary judgment.

I granted the summary judgment ruling that Brunson had received a vested interest in the subject property and that his interest was subject to creditors' claims. The Court of Appeals affirmed by Opinion Number 3538 filed July 29, 2002, and currently cited as 2002 W.L. 1733815 (S.C. App. 2002).
(c)   Universal Benefits, Inc. v. James H. McKinney, 1997-CP-43-1185. The plaintiff originally sued the defendant, a former employee, to enforce a covenant not to compete. Subsequent thereto, the plaintiff's attorney filed a motion to be relieved. The Honorable Howard T. King granted the motion and ordered plaintiff to obtain new counsel and be prepared for trial by August 2, 1999.

On August 23, 1999, the Honorable Alison Lee held a roster meeting, which the plaintiff did not attend. The defendant then moved to dismiss the case based upon the failure to prosecute. Judge Lee granted this motion, and her order was served on the plaintiff's managing officer on August 30, 1999. The plaintiff neither filed a Motion to Reconsider or an appeal from Judge Lee's order. The plaintiff thereafter on February 2, 2002, moved to set aside Judge Lee's order, pursuant to Rule 60(b)(4), SCRCP.

By Order dated March 17, 2000, I denied the Motion, finding Judge Lee's Order was not void. The Court of Appeals affirmed, in Opinion Number 3469, filed March 25, 2002, and cited as 561 S.E.2d 559. (S.C. App. 2002).
(d)   State v. Roywickus Cade, 1999-GS16-473. The defendant was charged with armed robbery of a convenience store in Darlington County. He was tried separated from the other two co-defendants and was found guilty of the charge.

In his appeal, he challenged the sufficiency of the indictment and, thus, the jurisdiction of the Court. He alleged the indictment was

The Court of Appeals affirmed my rulings and the conviction in Opinion Number 2002-UP-196 filed March 14, 2002.
(e)   The State v. Jacinto Antonio Bull, 1998 GS16-1492 (Felony DUI), 1998 GS16-1349 (Reckless Homicide), 1998 GS16-1182 (DUS), 1999 GS16-2289 (ABHAN), and 1999 GS16-2290 (ABHAN). The jury found the defendant guilty on all charges, except one count of ABHAN. At the trial of the case, the defendant moved to suppress the evidence of the blood test, arguing that the State failed to comply with S.C. Code Ann. Section 56-5-2950(g)(1991), which required the State to provide a defendant with a written report prior to trial indicating the time the blood test was performed. The report contained the time and date the blood was drawn, but not the date the blood was actually analyzed. I ruled that the testing began when the blood was drawn and that providing that information complied with the Statute.

The Court of Appeals affirmed my ruling in Opinion Number 3481 filed April 22, 2002, and cited as 564 S.E.2d 351(S.C. App. 2002)."
Judge Milling stated the following regarding unsuccessful candidacies:
"I unsuccessfully ran for Darlington County Council in 1980."
(9)   Judicial Temperament:
The Commission believes that Judge Milling's temperament has and would continue to be excellent.
(10) Miscellaneous:
The Pee Dee Citizens Advisory Committee reported: "The Honorable John M. Milling is qualified for re-election to the position of Circuit Court Judge in the State of South Carolina. As a result of its investigation of and previous interview with Judge Milling, the Committee recommends this candidate without reservation."
Judge Milling is married to Gail Stokes Milling. He has three children: Jonathan McKey Milling, age 29; David Lee Milling, age 26; and Helen Dodson Milling, age 22.
Judge Milling reported that he was a member of the following bar associations and professional associations:

(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Morehead meets the qualifications prescribed by law for judicial service on the Court of Appeals.
Judge Morehead was born on September 6, 1946. He is 56 years old and a resident of Florence, South Carolina. Judge Morehead provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1973.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge Morehead.
Judge Morehead 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 Morehead reported that he has not made any campaign expenditures.
Judge Morehead testified he has not:
(a)   sought or received the pledge of any legislator prior to screening;

(i)   Sixth District Representative of the Young Lawyers Division, 1978-1980;

(ii)   Lawyer Referral Committee, 1974-1980;

(iii)   Practice and Procedures Committee, 1980-1982;

(iv)   Commission of Continuing Legal Education and Specialization, 1992-2000."
Judge Morehead provided that he was a member of the following civic, charitable, education, social, or fraternal organizations:
"(a)   Member of the American Legion, serving on local, district and state committees;
(b)   American Legion Palmetto Boys State for the past 40 years, serving as Director of the program from 1983 to 1999. (In 1999 received recognition from National Commander of the American Legion for working with youth in the State of South Carolina);
(c)   Member of the Pee Dee Area Citadel Club (past President);
(d)   Member of St. Anthony's Roman Catholic Church (past member of Parish Council and Chairman of School Board);
(e)   Worked with Encore Theatre Company and the Florence Little Theatre on its Board of Directors;
(f)   South Carolina Family Court Judges Association (in 1996 received the President's Award in recognition for assisting and beginning the Parent and Children in Transition Program in the State of South Carolina);
(g)   Served as Chairman of the Twelfth Judicial Circuit Juvenile Justice Youth Council. (Chairman from 1997 to 1999);
(h)   Served on the Governor's Juvenile Justice Task Force from 1997 to 1999."
The Commission was very impressed with Judge Morehead's legal knowledge and experience. His community involvement, previous appointed service on the Court of Appeals, and his balanced temperament make him an excellent candidate. The Commission found Judge Morehead to be qualified for election as a Judge on the Court of Appeals.

Pursuant to S.C. Code Ann. Section 2-19-40, the Commission waived the public hearing for Judge Newman since his candidacy for re-election was uncontested and no complaints were received.
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Newman meets the qualifications prescribed by law for judicial service as a Circuit Court judge.
Judge Newman was born on November 7, 1951. He is 51 years old and a resident of Greeleyville, South Carolina. Judge Newman 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 1981.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge Newman.
Judge Newman 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 Newman reported that he has not made any campaign expenditures.
Judge Newman reported 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 Newman reported 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 Newman to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.

General law practice concentrating on the representation of plaintiffs in civil matters and defendants in criminal matters;
1977-1982     Partner, Belcher and Newman, Cleveland, Ohio.

General law practice; civil and criminal;
1982-1994     Law Office of Clifton Newman, Kingstree and Columbia, S.C.

General law practice; civil and real estate;
1994-2000     Managing Attorney, Newman and Sabb, P.A., Kingstree, Lake City and Columbia, S.C.

General law practice; civil and real estate; Assistant Solicitor, Third Judicial Circuit; Criminal prosecution;
2000-Present     Circuit Court Judge, At-Large Seat 3."
Judge Newman considered his most significant orders to have occurred in the following cases:
"(a)     The South Carolina Department of Consumer Affairs v. First Freedom Financial Corporation, et al.;
(b)     Cainhoy Methodist Church and Cemetery v. The City of Charleston, et al.;
(c)   Green Tree Financial Corporation n/k/a Conseco Finance Corporation v. Andre C. Flemings, et al.;
(d)   Jerry Dicks, et al. v. The State of South Carolina, et al.;
(e)   The Beach Company v. Twillman, Ltd. d/b/a The Washington Pen Company, Court of Appeals Opinion No. 3532."
(9)   Judicial Temperament:
The Commission believes that Judge Newman's temperament has been and would continue to be excellent.
(10) Miscellaneous:

The Pee Dee Citizens Advisory Committee reported: "The Honorable Clifton Newman is seeking re-election to the Circuit Court, At-Large Seat 3. His interview for his initial election in 2000 having been conducted by the Midlands Citizens Committee, the Pee Dee Citizens Committee asked Judge Newman to meet with us so that we might acquaint ourselves with him as he is now a resident of Kingstree. Our preliminary investigation had indicated great support for Judge Newman's continued service. Members of the Bar and public found

Judge Newman is married to Patricia Lynette Blanton Newman. He has four children: Corwyn Cornell, age 29; Jocelyn Thraine, age 24; Kellee Denise, age 21; and Brian DeQuincey, age 19.
Judge Newman reported that he was a member of the following bar associations and professional associations:
"(a)   South Carolina Bar Association;
(b)   Ohio Bar Association (inactive)."
Judge Newman provided that he was a member of the following civic, charitable, education, social, or fraternal organizations:
"(a)   Interfaith Community Services of South Carolina, Inc., Member, Board of Directors;
(b)   Board of Missions, South Carolina Conference, United Methodist Church, Chairman;
(c)   I. DeQuincey Newman United Methodist Church, Chairman, Administrative Council;
(d)   Williamsburg County Development Board, Member;
(e)   Mayoral Advisory Committee, Town of Greeleyville;
(f)   Victory State Bank, Corporate Advisory Board;
(g)   Richland School District One, Mentoring Program;
(h)   Bethlehem Community Center, Member, Board of Directors;
(i)   Historical Preservation Award, Williamsburg Historical Society;
(j)   Historic Columbia Foundation, Award of Merit;
(k)   Kappa Alpha Psi Fraternity;
(l)   Poinsettia Cotillion."
The Commission found Judge Newman was qualified for continued service as a Circuit Court Judge.

(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Patterson meets the qualifications prescribed by law for judicial service as a Circuit Court judge.

Associate with Howard Ballenger, Attorney, Walhalla, S.C.;
January 1969-May 1972:

Associate and Partner with Love, Thornton, Arnold & Thomason Law Firm, Greenville, S.C.;
May 1972-May 1976:

Partner with Cheros and Patterson Law Firm, Greenville, S.C.;
May 1976-December 1980:

Sole Practitioner in Greenville, S.C.;
December 1980-June 1991:

Family Court Judge, 13th Judicial Circuit, Greenville, S.C.;
July 1991-Present:

Resident Circuit Court Judge, 13th Judicial Circuit, Greenville, S.C."
Judge Patterson provided the following account of his prior judicial positions:
"(a)   Appointed Family Court Judge in December 1980;
(b)   Elected Family Court Judge, 13th Judicial Circuit, March 10, 1981 and served until June 1991;
(c)   Elected Resident Circuit Court Judge, 13th Judicial Circuit, July 1991-Present."
Judge Patterson provided the following list of significant orders:
"(a)   David H. Lucas v. South Carolina Coastal Council, Case No. 88-CP-10-66, 404 S.E.2d 895 (1991); 505 U.S. 1003, 112 S.Ct. 2886, 120 L.Ed.2d 798 (1992) 424 S.E.2d 484 (1992);

(c)   Theodore A. Wilson v. LeAnn O. Watson,   Case No. 84-DR-23-1722, 321 S.E.2d 883 (1986);
(d)   Darrell Pruitt v. State of South Carolina,   Case No. 90-CP-23-2409;
(e)   State of South Carolina v. Tim G. Phillips,   Indictment No. 93-GS-23-8598."
Judge Patterson provided that he has never held employment while serving as a judge.
Judge Patterson further provided that he was an unsuccessful candidate in re-election to the South Carolina House in 1971 and in election for Solicitor for the Thirteenth Judicial Circuit, in 1974.
(9)   Judicial Temperament:
In its investigation of Judge Patterson's candidacy, the Commission received information from a number of sources that questioned Judge Patterson's judicial temperament. These sources included the Bench and Bar Survey conducted by the Judicial Merit Selection Commission, the judicial ratings issued by the South Carolina Bar Association, and the report of the Upstate Citizens Advisory Committee. While this information did not rise to a level that would disqualify Judge Patterson from continuing his service as a circuit court judge, the Commission does believe that it is necessary to make note of these concerns in its final report on qualifications because it is important that lawyers, litigants, and court observers believe that all judges understand the importance of temperament.
(10)   Miscellaneous:
The Upstate Citizens Advisory Committee made the following report regarding Judge Patterson:
"There were many negative reports received by the committee, during our investigation, regarding Judge Patterson's temperament. We discussed these issues with him. Because we could not cite a specific example, Judge Patterson took the position he could not explain these reports. He sees himself as fair, courteous and non-hostile, however, he also sees himself as requiring lawyers to comply with all rules and procedures whether popular or not.
The committee has been given many anecdotal comments about Judge Patterson's outbursts both in and out of the courtroom and his interference with the process when he is displeased with the outcome.

(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Shealy meets the qualifications prescribed by law for judicial service as a Circuit Court judge.
Judge Shealy was born on July 30, 1954. He is 48 years old and a resident of Gaffney, South Carolina. Judge Shealy 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 1979.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge Shealy.
Judge Shealy 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 Shealy reported that he has made campaign expenditures for postage necessary to mail the judicial application.
Judge Shealy 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 Shealy 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 Shealy to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.
Judge Shealy described his continuing legal or judicial education during the past five years as follows:
"I have fully complied with my CLE requirements through 2002. I attended the Public Defenders Conference, September 30 through

Prosecuted criminal cases via courts martial in Karlsruhe, Germany;
November 1980-December 1980: Trial Defense Counsel.

Defended criminal cases via courts martial in Karlsruhe, Germany;
December 1980-May 1983: Senior Defense Counsel.

Senior defense counsel for U.S. Army elements supporting Supreme Headquarters, Allied Powers Europe (S.H.A.P.E.) in Mons, Belgium, Allied Forces, Central Europe (A.F.C.E.N.T.) in Brunssum, the Netherlands, and the Northern Army Group (NORTH.A.G.) in northern Germany. Although this sounds impressive, I opened the office and had no legal clerk or staff. I was quartered in Schinnen, The Netherlands;
May 1983-September 1983: Trial Counsel.

Same as above but for Fort Jackson, South Carolina;
September 1983-December 1985: Associate, Rogers and Riggs, Manning, South Carolina.

General practice of law. Here I did do a fair amount of civil practice, including slip and fall, car accidents, even an attempt to take a federal park away from the federal government. I also did court-appointed work and initiated work toward establishing a public defender office;
December 1985-February 1994: Attorney-Advisor, U.S. Army.

I lived in Rhineberg, Germany and Schinnen, The Netherlands. My duties were to provide legal assistance and personal income tax services to soldiers and dependants. I also advised the commander on international law matters involving the community as well as adjusted claims against the United States as the Claims Officer. I provided administrative law support. The most interesting aspect of this position was that I was trained to be a foreign trial observer. I observed German and Dutch trials involving U.S. forces members and reported

Handled General Sessions, Department of Juvenile Justice, and Department of Social Services matters as appointed defense counsel.
July 1997-June 1998: Associate, The Ross Law Firm.

In coordination with Mr. Ross, I assisted in contractual matters, business law matters, civil lawsuits in which I merely provided support, assisted in property law and continued my criminal defense practice.
July 1998-present: Thomas E. Shealy, Attorney at Law.

Criminal defense practice, family practice. I have done some property, probate, and civil claim law. I do Special Referee and particularly enjoy doing Guardian ad Litem work. In July 1999, I became the part-time Municipal Court Judge for the City of Gaffney. While we have added two more part-time judges, I continue to act as the Chief Judge."
Judge Shealy describes his experience in criminal and civil matters as follows:
"I do not have much of a civil practice. I have handled a few car accidents, but found my office was not properly set up for that type litigation. I have represented a local private club in a lawsuit alleging it allowed its employee to rape the plaintiff. Although the individual co-defendant failed to answer interrogatories and therefore they were deemed admitted, we continued the litigation and were prepared for trial. Instead the plaintiff chose to voluntarily remove the case from the docket. It is now dismissed.
I also represented a plaintiff corporation in a lawsuit against a creditor that seized too much money from its bank account. This was a complicated case and did go to trial. Unfortunately, the jury found for the defendant.
Finally, I have served as a Special Referee in a number of cases involving mortgage foreclosure and abating of a nuisance.
Criminal Litigation:
I have tried the following cases in the past few years.
State v. Fredrick McDowell, 97-GS-11-890, Resisting Arrest, Trial July 22, 1998. The issue was whether the clearly 'slow,' large, black male resisted the arrest by two young white deputies, one of whom was off-duty. State argued the facts showed the deputies were doing their duty and acting reasonably in subduing the defendant. Defendant testified in his own behalf. Verdict: Not Guilty;

(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Short meets the qualifications prescribed by law for judicial service on the Court of Appeals.
Judge Short was born on January 13, 1947. He is 56 years old and a resident of Chester, South Carolina. Judge Short 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 1971.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge Short.
Judge Short 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 Short reported that he has not made any campaign expenditures.
Judge Short testified he has not:
(a)   sought or received the pledge of any legislator prior to screening;

1/26         S.C. Bar, Criminal Law Update, 6 JCLE hrs.;

1/5         York County Bar Assoc., Sticks & Stones, Appointed, 3 JCLE hrs.;

5/9         S.C. Assoc. Circuit Judges Conference, 7.5 JCLE hrs.;

7/9         National Judicial College, Reno, NV, Law & the Social & Behavioral Sciences, 64 JCLE hrs.;

8/23         S.C. Circuit Court Assoc. Judicial Conference, 8.25 JCLE hrs.;
2000:

1/21         S.C. Bar, Criminal Law Update, 6 JCLE hrs.;

5/10         S.C. Assoc. Circuit Judges Conference, 6.5 JCLE hrs.;

8/7         National Judicial College, Reno, NV, Media & the Courts, 52 JCLE hrs.;
1999:

1/22         S.C. Bar, Criminal Law Update, 7 JCLE hrs.;

5/12         S.C. Assoc. Circuit Judges Conference, 6 JCLE hrs.;

7/19-7/23     National Judicial College, Reno, NV, Constitutional Criminal Procedure History and Theory of Jurisprudence, 76 JCLE hrs.;

7/26         National Judicial College, Reno, NV, Judicial Writing, 27.8 JCLE hrs.;

8/5         S.C. Trial Lawyers Assoc. Annual Convention, 12 JCLE hrs.;

8/19         S.C. Circuit Court Assoc. Judicial Conference, 7.25 JCLE hrs.;
1998:

1/9         S.C. Circuit Court Judges Assoc., Seminar of Chief Judges for Circuit and Family Court, 5.25 JCLE hrs.;

1/23         S.C. Bar, Criminal Law Update, 6.5 JCLE hrs.;

5/13         S.C. Assoc. of Circuit Judges Meeting, 6 JCLE hrs.;

8/13         S.C. Trial Lawyers Assoc. Annual Convention, 14.5 JCLE hrs.;

8/20         S.C. Circuit Court Assoc. Judicial Conference, 8.25 JCLE hrs.;
1997:

1/24         S.C. Bar, Criminal Law Update, 6.5 JCLE hrs.;

5/14         Circuit Judges Spring Conference, 7.5 JCLE hrs.;

6/27         S.C. Circuit Court Judges Assoc., Seminar of Chief Judges for Circuit and Family Court, 5.25 JCLE hrs.;

8/21         S.C. Circuit Court Assoc. Judicial Conference, 8 JCLE hrs.;

9/28         S.C. Solicitors Assoc. Judicial Conference, 15 JCLE hrs."
Judge Short reported that he has taught the following law-related courses:
"(a)   September 15, 1995: South Carolina Legal Secretaries Association. I was the instructor for a Seminar on Rules of Civil Procedure;
(b)   September 30-October 18, 1996: National Judicial College/Reno, Nevada. I served as a Group Facilitator with the faculty for the General Jurisdiction Course for new Judges. I led group discussions four hours each day on a wide variety of legal topics.
(c)   September 29, 1997: South Carolina Solicitors' Conference, Myrtle Beach, South Carolina. I spoke on the topic 'Case File Development and Review, A View from the Judiciary'."
Regarding published articles, Judge Short reported; "With the exception of writing my thesis, I have completed the Master of Judicial Studies Program sponsored by the National Judicial College at the University of Nevada, Reno. I have written several research papers to complete the course work requirement of the program."
(4)   Character:
The Commission's investigation of Judge Short did not reveal evidence of any founded grievances or criminal allegations made against him. The Commission's investigation of Judge Short did not indicate any evidence of a troubled financial status. Judge Short has handled his financial affairs responsibly.
The Commission also noted that Judge Short was punctual and attentive in his dealings with the Commission, and the Commission's

"(a)   federal:   Occasionally;
(b)   state:       Often - on a regular basis."
Judge Short reported the percentage of his practice involving civil, criminal, and domestic matters prior to his election to the Circuit Court bench as follows:
"(a)   Civil:       20%;
(b)   Criminal:     50%;
(c)   Domestic:   30%."
Judge Short reported the percentage of his practice in trial court prior to his election to the Circuit Court bench as follows:
"(a)   Jury:       95%;
(b)   Non-jury:   5%."
Judge Short provided that he most often served as sole counsel and occasionally served as chief counsel prior to his election to the Circuit Court bench.
The following is Judge Short's account of his five most significant litigated matters:
"(a)   Walter Neal and Industrial Chemical Company, Inc. v. J. Simpson Darby, L.H. Schwieterman, John Archie Lucas, Donald B. Murray, Marion M. Thomas, and J. F. Martin as members of the Chester County Council and the County of Chester, (1984) Court of Appeals Opinion #0207 filed June 22, 1984. I was Chester County Attorney in 1980 and the Chester County Council was in the process of adopting an ordinance pertaining to the handling and storage of hazardous chemicals in Chester County. Mr. Neal brought suit in Common Pleas Court to question the constitutionality of the ordinance and the county counter-claimed on the ground that Mr. Neal's landfill site was a public nuisance. The case was significant both at the trial level and the appellate level, because a small rural county was attempting to protect its citizens and their environment from the disposal of out-of-state hazardous waste. The trial judge and the Court of Appeals both found that the landfill constituted a public nuisance by virtue of its location and upheld the permanent injunction to prevent further disposal of hazardous chemical waste at the site;
(b)   Chester County Hospital and Nursing Center v. J. F. Martin, Simpson Darby, John Lucas, Marion M. Thomas, Don Murray, Carlisle Roddey, Lowell Schweiterman, individually and as members of the Chester County Council, and the Chester County Council, (1984) South Carolina Supreme Court Opinion #22053 filed March 6, 1984. In 1981, the Chester County Council was in the process of adopting an ordinance to increase the size of the Chester County Hospital Board and to provide that Council would appoint said Board members. This Board had

Pursuant to S.C. Code Ann. Section 2-19-40, the Commission waived the public hearing for Judge Stevens since his candidacy for re-election was uncontested and no complaints were received.
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Stevens meets the qualifications prescribed by law for judicial service as a judge in the Administrative Law Judge Division.
Judge Stevens was born on October 7, 1949. He is 53 years old and a resident of Columbia, South Carolina. Judge Stevens provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1978.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge Stevens.
Judge Stevens 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 Stevens reported that he has not made any campaign expenditures.
Judge Stevens reported that 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;

(2)   Guest lectures at USC Law School, State and Local Tax classes   including:

(a)   Duties and functions of county officials in property taxation;

(b)   Taxation of railroads under the Federal 4-R Act;
(b)   Lecturer at Bar Associations:
(1)   S.C. Bar: Taught Adm. Law for Bridge the Gap each year of 1999, 2000, 2001, and 2002;

(2)   S.C. Bar: Annual Convention, Governmental Section, Litigating Before the ALJD, Summer 1999;

(3)   S.C. Bar: 1999, That Was the Year That Was, Review of Changes in Administrative Law;

(4)   Greenville County Tax Bar:

(a)   Remedies and Procedures for Suits Against State Officials;

(b)   Adm. Procedures Before the S.C. Dept. of Revenue;

(5)   Columbia Tax Study Group, Tax Practice Under the Revenue Procedures Act;

(c)   Continuing Legal Education Lectures

(1)   Federation of Tax Administrators, 42 USC Section 1983 in State Court Tax Disputes;

(2)   SE Assoc. of Tax Attorneys:

(a)   Collecting Taxes Under an Automatic Stay Due to Bankruptcy;

(b)   Nexus and Jurisdiction for Taxation of Delaware Holding Companies;

(3)   Vanderbilt Univ.'s Paul J. Hartman Tax Forum:

(a)   Moot Court Presentation on Taxation of Intangibles;

(b)   Geoffrey v. South Carolina: Is the Camel's Nose Under the Tent?;

(4)   Ohio Tax Conference, Intangibles and the Creation of Nexus for Income Tax Purposes;

(5)   S.C. Chamber of Commerce, Taxes and the Bottom Line: New Tax Appeal Process."
Judge Stevens reported that he had published the following books and articles:
"(a)   'Unwanted Assets Spun Off Prior to Acquisition of Wanted Assets' 1980 South Carolina Bar Publication;
(b)   'The Use of Title 42 USC Section 1983 in State Tax Litigation,' 1988 REVENUE ADMINISTRATION;
(c)   'Delaware Subsidiaries Can Still Reduce Tax But More Planning Needed,' March/April 1992 THE JOURNAL OF MULTISTATE TAXATION;
(d)   'Geoffrey v. South Carolina Tax Commission: Is the Camel's Nose Under the Tent?'   Tax Management, Multistate Tax Report, December 22, 1995."
(4)   Character:
The Commission's investigation of Judge Stevens did not reveal evidence of any founded grievances or criminal allegations made against him, nor did the Commission's investigation of Judge Stevens indicate any evidence of a troubled financial status. Judge Stevens has handled his financial affairs responsibly.
Judge Stevens 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.

"1978-79:     Stophel, Caldwell & Heggie

General corporate practice with emphasis on taxation;
1979-80:     U.S. Internal Revenue Service

Federal estate and gift tax return examiner;
1980-95:     S.C. Attorney General   /Chief Deputy Attorney General and Director of Tax Division

Issued Atty. Gen. Opinions and responsible for all tax litigation as well as defense of State at all levels from administrative hearings to trials in the state and federal courts;
1995-present:   Administrative Law Judge Division;

Judge presiding over contested cases, appeals and regulation reviews."
The following is Judge Stevens' response regarding prior judicial offices he had held:
"Elected by the General Assembly on March 21, 1995, to current office of Administrative Law Judge, Seat #5. Took oath of office on April 14, 1995, and have served continuously since. Pursuant to the South Carolina Administrative Procedures Act, I preside over hearings, render decisions and issue orders in a broad range of administrative cases involving governmental agencies and private parties. Jurisdiction includes administrative cases involving health, childcare, environmental, natural resource, insurance, alcoholic beverage, and tax issues, as well as other licensing matters. Cases are heard as contested cases at an evidentiary trial level as well as appellate cases decided on

(b)   Gaffney Properties as an affiliate of Boyd Management v. Lee S. Harmon, Cherokee County Assessor, 95-ALJ-17-0265-CC, decided November 8, 1995: This case established an innovative method for valuing subsidized housing projects for property tax purposes. The fair market value is based upon adding the value of the rental income stream, the value of the Government's 'interest subsidy,' and the value of the federal income tax credits granted to owners of subsidized housing.

(c)   Oncology Therapies of Greenville, Inc. v. South Carolina Department of Health and Environmental Control, Greenville Cancer Center, and Greenville Hospital System, 96-ALJ-07-0205-CC, decided June 6, 1997: This case established that the standard of proof in a Certificate of Need (CON) case is that of the preponderance of the evidence with the Administrative Law Judge acting as the fact-finder and the DHEC Board as the appellate review authority. Further, the case established that an ALJ hearing a CON controversy does not act as a mere 'reviewer' of the DHEC staff decision. Rather, the ALJ conducts a contested case in which evidence is weighed to determine whether granting or denying a CON is warranted.
(d)   Medstar Ambulance Service, Inc. v. South Carolina Department of Health and Environmental Control, 96-ALJ-07-0498-CC, decided May 6, 1997: This case revoked an ambulance license for numerous violations of DHEC statutes and regulations and required examining dozens of licensing procedures, highway safety statutes, and rules for training, certification and personnel requirements of emergency medical technicians. The case also held the revocation proceeding need not examine evidence under the stringent clear and convincing

The Upstate Citizens Advisory Committee found Judge Stevens to be "a most competent and excellent jurist. His qualifications greatly exceed the expectations set forth in the evaluative criteria."

Judge Stevens is married to Janice Louise Shapiro Stevens. He has three children: Ryan Nelson Stevens, age 24; Alan Austin Stevens, age 21; Leah Suzanne Stevens, age 13.
Judge Stevens reported that he was a member of the S.C. Bar Association.
Judge Stevens provided that he was a member of the following civic, charitable, education, social, or fraternal organization:
"Publicity Chairman for Chapin Band Booster Club."
Judge Stevens additionally reported that is active in church activities. Recently, he was a Sunday school teacher of an adult class and Bible Study teacher at a senior citizens retirement center.
The Commission found Judge Stevens to be qualified for continued service as an Administrative Law Judge.

Pursuant to S.C. Code Ann. Section 2-19-40, the Commission waived the public hearing for Judge Thomas since her candidacy for re-election was uncontested and no complaints were received.

S.C. Circuit Judges Conference;

Judicial Conference;
2000:     Annual Judicial Conference;

S.C. Circuit Judges Conference;

Circuit Court Judges Meeting;

Judicial Conference;
1998:     Annual Criminal Law Update;

Judicial Conference;

Circuit Court Judges Association Meeting;
1997:     Annual Criminal Law Update;

Women Lawyer's Association Seminar;

Judicial Conference;

Annual Solicitors' Association Conference;

Circuit Judges Spring Conference."
Judge Thomas reported that she has taught the following law-related courses:
"(a)   August 6, 1993, 'Restructured State Government & The State of Administrative Law', Speaker;
(b)   April 26, 1996, 'So You Want to be a Judge' - Women in Law, Columbia, S.C., Speaker (legislative perspective about judicial elections)."
Judge Thomas reported that she has not published any books and/or articles.
(4)   Character:
The Commission's investigation of Judge Thomas did not reveal evidence of any founded grievances or criminal allegations made against her. The Commission's investigation of Judge Thomas did not indicate any evidence of a troubled financial status. Judge Thomas has handled her financial affairs responsibly.
The Commission also noted that Judge Thomas was punctual and attentive in her dealings with the Commission, and the Commission's investigation did not reveal any problems with her diligence and industry.
(5)   Reputation:
Judge Thomas reported that she is not rated by Martindale-Hubbell.
Judge Thomas was elected to serve in the South Carolina House of Representatives from 1993-1996.
(6)   Physical Health:
Judge Thomas appears to be physically capable of performing the duties of the office she seeks.
(7)   Mental Stability:
Judge Thomas appears to be mentally capable of performing the duties of the office she seeks.

Law Offices of Kenneth W. Thornton, Georgetown, S.C.; Associate working in Family and Circuit Court matters;
September 1987-August 1988:

Rubillo & Thomas, Georgetown, S.C.; Partner, Family and Circuit Court matters;
August 1988-January 1993:

Law Office of Paula H. Thomas, Pawleys Island, S.C.; Sole practitioner working in Family and Circuit Court matters;
January 1993-January 1994:

Thomas & Gundling, Pawleys Island, S.C.; Partner working in Family and Circuit Court matters;
January 1994-May 1994:

Lawimore, Thomas, Gundling & Kelaher, PA, Pawleys Island, S.C.; Family and Circuit Court matters;
May 1994-January 1995:

Thomas, Gundling & Kelaher, Pawleys Island, S.C.; Partner, Family and Circuit Court matters;
January 1995-July 1996:

Law Office of Paula H. Thomas, Pawleys Island, S.C.; Sole practitioner, Family and Circuit Court matters."
Judge Thomas provided the following account of her prior judicial positions:
"Elected May 22, 1996, S.C. Circuit Court, At-Large Seat #1 (elected to fill an unexpired term); Re-elected to S.C. Circuit Court, At-Large Seat #1 in May of 1997; Elected May 23, 1998, S.C. Circuit Court, 15th Judicial Circuit, Seat #1."
Judge Thomas provided the following list of significant orders:
"(a)   State of S.C. v. Bryant, 2000-GS-26-3326; Death penalty case currently on appeal;
(b)   S.C. Farm Bureau v. Chandler, 95-CP-45-142;
(c)   Seaboard Ventures v. City of Myrtle Beach, 95-CP-26-2036;
(d)   Cole v. Frei, Appeal from Aiken Co., Unpublished Opinion No. 2002-UP-472;
(e)   Ray Bell Const. v. School District of Greenville Co., Unpublished Opinion No. 2002-UP-510."

(1)   Constitutional Qualifications:
Based on the Commission's investigation, Mr. Todd meets the qualifications prescribed by law for judicial service as a Circuit Court judge.
Mr. Todd was born on November 29, 1943. He is 59 years old and a resident of Columbia, South Carolina. Mr. Todd provided in his application that he has been a resident of South Carolina for at least the

"A fifth appeal is, Town of Winnsboro v. Wiedeman-Singleton, Inc., Turner-Murphy Company, and American Enviroport, Inc., 414 S.E.2d 188. The trial of this case was in the Court of Common Pleas for Fairfield County. The Supreme Court granted certiorari to review the judgment of the Court of Appeals."
Mr. Todd cited the following criminal appeal matter that was handled by him:

"The City of Columbia, South Carolina v. Martha Deese Moser and Devan Enterprises d/b/a Sauna World, 280 S.C. 135; 311 S.E.2d 920 (1983). Appeal was from the Municipal Court of the City of Columbia. I prosecuted the case, won it, and sustained verdict on appeal."
Regarding prior judicial service, Mr. Todd reported that he was the Municipal Court Judge for the City of Columbia in 1988 and 1989. He was appointed by city council to this court of magistrate's court level jurisdiction.
Mr. Todd reported that, "as a Municipal Court Judge, decisions were rarely, if ever, in written order form. So far as I know, I was not appealed beyond the Circuit Court level during my time of service."
(9)   Judicial Temperament:
The Commission believes that Mr. Todd's temperament would be excellent.
(10)   Miscellaneous:
The Midlands Citizens Advisory Committee did not submit a report of its findings on any candidate to the Commission during the screening process.
Mr. Todd is married to Susan Echols Todd. He has two children: Virginia Sloan Todd Cooper, age 34; and Walter B. Todd III, age 31.

(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Williams meets the qualifications prescribed by law for judicial service on the Court of Appeals.
Judge Williams was born on March 13, 1956. He is 46 years old and a resident of Columbia, South Carolina. Judge Williams provided

Participation limited to oral argument."
The following is Judge Williams' account of his prior judicial positions:

Judge Williams reported that he was a member of the following bar associations and professional associations:
"(a)   S.C. Bar, 1982-present;
(b)   Richland County Bar, 1982-present; Family Law Chairman, 1993; Family Law Committee, 1991-1993;

(1)   Constitutional Qualifications:
Based on the Commission's investigation, Mr. Witherspoon meets the qualifications prescribed by law for judicial service as a Circuit Court judge.
Mr. Witherspoon was born on September 4, 1959. He is 43 years old and a resident of Columbia, South Carolina. Mr. Witherspoon provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1991.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Mr. Witherspoon.
Mr. Witherspoon 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. Witherspoon reported that he has made $10.00 in campaign expenditures.
Mr. Witherspoon 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. Witherspoon 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. Witherspoon to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.
Mr. Witherspoon described his continuing legal education during the past five years as follows:
"(a)   Mid Year Bar Meeting, Jan. 1995;

Law Clerk for the Honorable Randall T. Bell, S.C. Court of Appeals;
August 1992-August 1993:

Law Clerk for the Honorable Matthew J. Perry, U.S. District Court for the District of South Carolina;
September 1993-November 1995:

Attorney Berry, Dunbar, Daniel, O'Connor & Jordan. My practice was a general civil plaintiffs oriented practice;
November 1995-August 1996:

Law Clerk for the Honorable Matthew J. Perry, U.S. District Court for the District of South Carolina;
September 1996-July 1998:

Attorney Berry, Adams, Quackenbush & Stuart. My practice was a general practice with both plaintiffs and defense cases. Cases

Associate General Counsel Budget and Control Board. As a member of the General Counsel's office, I provided legal advice and representation to different Board offices and staff. I reviewed contracts and proposed legislation;
May 2000-present:

Assistant United States Attorney. I am involved in the prosecution of federal narcotics and firearms crimes."
Mr. Witherspoon further reported regarding his experience in handling civil and criminal matters:
"Over the last two (2) years, my practice has been exclusively in criminal matters. I have handled cases involving violations of narcotics statutes, violations of federal firearms statutes, armed robbery matters, and violations of federal immigration laws.
Over the course of my career, I have represented both plaintiffs and defendants in civil matters. My civil practice has included personal injury cases and other torts. I have handled automobile accident cases, contract disputes, employment matters and a worker's compensation matter. In addition, I have continued to review reported civil cases from both the state and federal courts. I would continue to study the Rules of Civil Procedure and the reported civil cases to minimize any deficiency in my experience."
Mr. Witherspoon reported the frequency of his court appearances during the last five years as follows:
"(a)   Federal:   see explanation below;
(b)   State:     see explanation below;
(c)   Other:     Prior to June 2000, my federal court appearances were minimal. Since I joined the United States Attorney's Office, I have appeared in federal court almost daily. However, before June 2000, I appeared in state court on average once or twice per month. Since June 2000, I have not appeared in state court."
Mr. Witherspoon reported the percentage of his practice involving civil, criminal, and domestic matters during the last five years as follows:
"(a)   Civil:       50%;
(b)   Criminal:     50%."
Mr. Witherspoon reported the percentage of his practice in trial court during the last five years as follows:
"(a)   Jury:       45%;

The following candidates were found qualified:

Judge Kaye G. Hearn   Chief Judge, Court of Appeals, Seat 5
Judge Donald W. Beatty   Court of Appeals, Seat 6
Judge Mary E. Buchan   Court of Appeals, Seat 6
Judge Alison Renee Lee   Court of Appeals, Seat 6
Judge L. Casey Manning   Court of Appeals, Seat 6
Judge A. Eugene Morehead III   Court of Appeals, Seat 6
Judge Paul E. Short, Jr.   Court of Appeals, Seat 6
Judge H. Bruce Williams   Court of Appeals, Seat 6

Members of the Judicial Merit Selection Commission

Senator Glenn F. McConnell, Chairman
Representative F.G. Delleney, Jr., Vice Chairman
Richard S. Fisher, Esquire
John P. Freeman, Esquire

January 16, 2003

Received as information.

The following was received:

January 16, 2003
The Honorable David H. Wilkins
Speaker
South Carolina House of Representatives
Post Office Box 11867
Columbia, South Carolina 29211

Dear Speaker Wilkins:

First, let me thank you for the opportunities you have given me to serve in various capacities for the past eight years. I have had great committee assignments and have loved my service in the House. Your leadership has brought together numerous ideas and people from around our State to make positive changes for our people. I have tried to pattern my work ethic after yours and appreciate the demeanor, style, and integrity with which you have lead.

After seeking God's wisdom and leading, personal assessment, and extensive deliberations with my wife, I have decided that for now, my service in the South Carolina House of Representatives must come to an end. This resignation is effective today at the end of session. While I do not make my decision quickly or lightly, I believe this decision is the best one I can make for my family. After all, isn't why we are here mainly for our families anyway? The opportunity to continue to serve my State, however in a different capacity, enthuses me in a tremendous way.

Over the past eight years, I have had an incredible experience being a State Representative. I love this institution, her people, and the wonderful colleagues with whom I have served. The relationships are very special and I know they will last a lifetime. Truly, I have been blessed beyond what I deserve.

I count you as a true friend, one I am very proud of and look forward to serving with you again in some capacity. May God richly bless you as you continue leading.

With kindest regards,

Michael E. Easterday
Received as information.

Rep. EASTERDAY made a statement relative to his service in the House.

The following were received and referred to the appropriate committees for consideration:

Document No. 2805
Agency: Department of Insurance
Statutory Authority: 1976 Code Sections 38-1-20(40), 38-3-110, and 1-23-10, et seq.
Exempt Commercial Policies
Received by Speaker of the House of Representatives
January 15, 2003
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 24, 2003

Document No. 2737
Agency: Department of Natural Resources
Statutory Authority: 1976 Code Sections 50-11-2200 and 50-11-2210
Wildlife Management Area Regulations
Received by Speaker of the House of Representatives
January 15, 2003
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration May 24, 2003

The following was introduced:

H. 3320 (Word version) -- Reps. Viers, Barfield and Clemmons: A CONCURRENT RESOLUTION TO EXPRESS THE COLLECTIVE BELIEF AND DESIRE OF THE MEMBERS OF THE GENERAL ASSEMBLY THAT THE NEXT MAJOR HIGHWAY PROJECT OF THE DEPARTMENT OF TRANSPORTATION SHOULD BE ONE THAT PROVIDES HORRY COUNTY WITH ACCESS TO THE INTERSTATE SYSTEM.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

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

H. 3321 (Word version) -- Reps. Viers, Barfield, Clemmons and Keegan: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 8, ARTICLE IV OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE ELECTION, QUALIFICATIONS, AND TERM OF THE LIEUTENANT GOVERNOR, SO AS TO PROVIDE FOR THE JOINT ELECTION OF GOVERNOR AND LIEUTENANT GOVERNOR.
Referred to Committee on Judiciary

H. 3322 (Word version) -- Reps. Viers, Witherspoon and Keegan: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE SUPERINTENDENT OF EDUCATION FROM THE LIST OF STATE OFFICERS WHICH

H. 3323 (Word version) -- Reps. Viers and Witherspoon: A BILL TO AMEND SECTION 23-3-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION'S JURISDICTION, SO AS TO PROVIDE THAT THE DIVISION'S JURISDICTION INCLUDES THE PROTECTION OF THE GOVERNOR AND GOVERNOR-ELECT.
Referred to Committee on Judiciary

H. 3324 (Word version) -- Reps. Viers, Barfield and Clemmons: A BILL TO AMEND SECTION 23-31-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION TO PURCHASE A PISTOL AND RESTRICTIONS RELATED TO THE PURCHASE OF A PISTOL SO AS TO DELETE THE PROVISION THAT DISALLOWS A PERSON TO PURCHASE MORE THAN ONE PISTOL DURING EACH THIRTY-DAY PERIOD, AND THE EXCEPTIONS TO THIS PROVISION.
Referred to Committee on Judiciary

H. 3325 (Word version) -- Reps. Viers, Clemmons, Edge and Keegan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3890 SO AS TO PROVIDE THAT NEITHER A MOPED NOR A MOTOR SCOOTER MAY BE OPERATED ALONG THE STATE'S PRIMARY HIGHWAY SYSTEM.
Referred to Committee on Judiciary

H. 3327 (Word version) -- Rep. Cato: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON AUGUST 29 AND 30, 2002, BY THE STUDENTS OF SLATER-MARIETTA ELEMENTARY SCHOOL OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY WHEN THE SCHOOL WAS CLOSED DUE TO ROOF AND STRUCTURAL PROBLEMS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
On motion of Rep. CATO, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 3328 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 59-111-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FREE TUITION FOR CHILDREN OF FIREMEN, LAW ENFORCEMENT OFFICERS, AND OTHER GOVERNMENT EMPLOYEES TOTALLY DISABLED OR KILLED IN THE LINE OF DUTY, SO AS TO INCLUDE THE SPOUSE OF FIREMEN, LAW ENFORCEMENT OFFICERS, AND GOVERNMENT EMPLOYEES TOTALLY DISABLED OR KILLED IN THE LINE OF DUTY.
Referred to Committee on Ways and Means

H. 3329 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 56-1-515, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL ALTERATION, SALE, ISSUANCE, AND USE OF A DRIVER'S LICENSE, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON OPERATING A MOTOR VEHICLE TO KNOWINGLY AND WILFULLY GIVE FALSE INFORMATION TO A LAW ENFORCEMENT OFFICER REGARDING HIS IDENTITY.
Referred to Committee on Judiciary

H. 3330 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 56-6-2910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,

H. 3331 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2900 SO AS TO ESTABLISH THE OFFENSE OF VEHICULAR HOMICIDE, AND TO PROVIDE PENALTIES FOR A VIOLATION OF THIS OFFENSE.
Referred to Committee on Judiciary

H. 3332 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 44-53-391, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL ADVERTISEMENT FOR SALE, MANUFACTURE, SALE, DELIVERY, OR POSSESSION WITH INTENT TO SELL OR DELIVER PARAPHERNALIA, SO AS TO MAKE TECHNICAL CHANGES, AND TO REVISE THE PENALTIES.
Referred to Committee on Judiciary

H. 3333 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 56-5-2770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SIGNALS AND MARKINGS ON SCHOOL BUSES, AND PROCEDURES RELATING TO THE LEGAL PASSING OF A BUS, SO AS TO REVISE THE CIRCUMSTANCES UPON WHICH THE DRIVER OF A VEHICLE NEED NOT STOP UPON MEETING A STOPPED SCHOOL BUS, AND THE CIRCUMSTANCES UPON WHICH THE DRIVER OF A VEHICLE MUST STOP UPON MEETING OR PASSING A STOPPED SCHOOL BUS, AND TO PROVIDE THAT A SCHOOL BUS ROUTE THAT REQUIRES PASSENGERS TO BE OFF-LOADED ALONG A MULTI-LANE HIGHWAY MUST BE DESIGNED TO ENSURE THAT A STUDENT IS NOT REQUIRED TO CROSS A FOUR OR MULTI-LANE HIGHWAY.
Referred to Committee on Education and Public Works

H. 3334 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 1-11-730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS ELIGIBLE TO PARTICIPATE IN

H. 3335 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTIONS 9-1-10 AND 9-11-10, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO PROVIDE THAT "EARNABLE COMPENSATION" AND "COMPENSATION" MUST BE ADJUSTED TO ADD BACK ANY AMOUNT NOT RECEIVED BY A MEMBER OF THE SOUTH CAROLINA RETIREMENT SYSTEM OR SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM AS A RESULT OF A MANDATORY FURLOUGH IMPOSED ON THE MEMBER DURING THE APPLICABLE PERIOD AS A RESULT OF REDUCTION IN APPROPRIATIONS FOR THE MEMBER'S EMPLOYER, TO REQUIRE THE MEMBER'S EMPLOYING AGENCY TO CERTIFY TO THE SOUTH CAROLINA RETIREMENT SYSTEM OR THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM THE AMOUNT TO BE ADDED IN THE COMPUTATION OF EARNABLE COMPENSATION OR COMPENSATION AND TO WAIVE THE PAYMENT OF EMPLOYEE AND EMPLOYER CONTRIBUTIONS ON ANY AMOUNT ADDED TO EARNABLE COMPENSATION OR COMPENSATION.
Referred to Committee on Ways and Means

H. 3336 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 23-6-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISTINCTIVE UNIFORMS AND EMBLEMS OF THE SOUTH CAROLINA HIGHWAY PATROL AND STATE POLICE DIVISIONS WITHIN THE DEPARTMENT OF PUBLIC

H. 3337 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-715 SO AS TO AUTHORIZE THE TRIAL OFFICER TO REDUCE A FOUR POINT VIOLATION TO A TWO POINT VIOLATION, WHEN A DEFENDANT PLEADS GUILTY OR NOLO CONTENDERE.
Referred to Committee on Judiciary

H. 3338 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 16-17-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF PUBLIC DISORDERLY CONDUCT, SO AS TO PROVIDE THAT IT IS ILLEGAL TO USE OBSCENE OR PROFANE LANGUAGE THAT CREATES AN IMMINENT RISK OF VIOLENT REACTION FROM THE LANGUAGE AT CERTAIN LOCATIONS.
Referred to Committee on Judiciary

H. 3339 (Word version) -- Reps. Merrill, Edge and Hinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-1165 SO AS TO PROVIDE A DEDUCTION FROM SOUTH CAROLINA TAXABLE INCOME EQUAL TO THE FEDERAL INCOME TAX PERSONAL EXEMPTION ALLOWED A TAXPAYER WHO CLAIMS AS A DEPENDENT ON THE TAXPAYER'S FEDERAL INCOME TAX RETURN A PERSON WHO HAS ATTAINED THE AGE OF SIXTY-FIVE YEARS AND TO ALLOW THIS DEDUCTION ALSO FOR A TAXPAYER WHO WOULD BE ABLE TO CLAIM AS A DEPENDENT A PERSON WHO HAS ATTAINED THE AGE OF SIXTY-FIVE YEARS BUT FOR THE APPLICABLE INCOME TEST.
Referred to Committee on Ways and Means

H. 3344 (Word version) -- Reps. Cato, Kirsh, Jennings, Battle, Harvin, J. E. Smith, Sheheen, Thompson, Trotter, Bingham, Chellis, Edge, Hamilton, Harrell, Harrison, Kennedy, Quinn, Richardson, Rutherford, Sandifer, Scarborough, W. D. Smith, Young, Barfield, Breeland, J. Brown, Clyburn, Cotty, Hagood, Haskins, Huggins, Lourie, Merrill, Perry, Rice, Simrill, Taylor, Umphlett, Wilkins, Witherspoon, Bales, Lloyd, McCraw, Tripp and Walker: A BILL TO AMEND SECTION 58-9-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTINENT TO THE REGULATION OF TELEPHONE COMPANIES, SO AS TO PROVIDE A DEFINITION FOR "BROADBAND SERVICE"; AND TO AMEND SECTION 58-9-280, AS AMENDED, RELATING TO THE CIRCUMSTANCES REQUIRING A TELEPHONE COMPANY TO OBTAIN A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY, SO AS TO EXEMPT BROADBAND SERVICE FROM REGULATION BY THE PUBLIC SERVICE COMMISSION.
Referred to Committee on Labor, Commerce and Industry

H. 3353 (Word version) -- Reps. Rhoad, Ott, Frye, Koon, Snow, Witherspoon, R. Brown, Coates, Cobb-Hunter, J. E. Smith, Hayes, Anthony, Bales, G. Brown, Emory, Kennedy, Kirsh, Limehouse, McCraw, J. M. Neal, Phillips, Rivers, Scarborough, G. M. Smith, Tripp and Umphlett: A BILL TO AMEND SECTION 50-11-1760, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BRINGING INTO OR RELEASING A COYOTE IN THIS STATE BEING UNLAWFUL, SO AS TO PROVIDE AN EXCEPTION, AND TO DELETE THE REQUIREMENT THAT A PERMIT BE OBTAINED BEFORE TRAPPING COYOTES OUTSIDE THE PRESCRIBED TRAP DISTANCE LIMITS; TO AMEND SECTION 50-11-1765, AS AMENDED, RELATING TO POSSESSION, SALE, OR IMPORTATION OF LIVE WOLVES AND COYOTES, SO AS

The following was introduced:

H. 3341 (Word version) -- Rep. Lee: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF UNITED STATES HIGHWAY 221 IN SPARTANBURG COUNTY FROM ITS INTERSECTION WITH INTERSTATE HIGHWAY 26 TO HEARON CIRCLE "MARTIN LUTHER KING, JR. MEMORIAL HIGHWAY", AND TO INSTALL APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY CONTAINING THE WORDS "MARTIN LUTHER KING, JR. MEMORIAL HIGHWAY".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

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

H. 3343 (Word version) -- Reps. Talley, Anthony, Davenport, Lee, Littlejohn, Mahaffey, Sinclair, W. D. Smith, Walker, Allen, Altman, Bailey,

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives is extended to a delegation of students, parents, and officials from the South Carolina School for the Deaf and the Blind on Wednesday, February 12, 2003, at a time to be determined by the Speaker, for the purpose of being recognized and introduced and a rendering of a performance by the students.

The Resolution was adopted.

The following was introduced:

H. 3345 (Word version) -- Reps. G. M. Smith, Weeks, G. Brown, Coates, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers,

Whereas, the members of the House of Representatives are proud to recognize the Honorable D. Leslie Tindal of Pinewood for his lifetime of hard work and dedication to the farmers of South Carolina; and

Whereas, Commissioner Tindal was born on May 4, 1928, to David Leslie and Lela Norris Tindal in Pinewood. He attended Pinewood public schools and graduated from Furman University; and

Whereas, Mr. Tindal began his career in farming in 1949, planting cotton, corn, soybeans, and some grains, oats, and wheat; he later began growing certified seed and continues to do so today; and

Whereas, Commissioner Tindal, along with other soybean farmers, established the South Carolina Soybean Association. Mr. Tindal was named president at one of the first meetings, and he served as president of the association from 1966 to 1976, during which time he traveled the world making contacts that would serve him and the State well later as agriculture commissioner; and

Whereas, during his first week in office, Mr. Tindal started work on the Pee Dee Farmer's Market that has held the largest flower show in terms of sales in the Southeast for eighteen years; and

Whereas, Commissioner Tindal has brought new crops to South Carolina including kiwi fruit. He has supported farmers through drought times and has encouraged new technology that helps South Carolina farmers to be more profitable; and

Whereas, in addition to his position as Commissioner of Agriculture, Mr. Tindal has been involved in many organizations including the National Association of State Departments of Agriculture, the South Carolina Crop Improvement, South Carolina Cattlemen, South Carolina Seedsmen, South Carolina Soybean Associations, and the County Farm Bureau. He also served on the Board of Trustees of Clemson University for ten years; and

Whereas, Commissioner Tindal and his wife May married in June of 1948 and have four children, Elizabeth Tindal Ducworth, Amelia Tindal Hadegan, Virginia Tindal Rhodes, and David Leslie Tindal III, and eight grandchildren; and he is returning to Pinewood to work on his family farm with May, his son David, and his son-in-law John Ducworth; and

Whereas, the members of the House of Representatives extol D. Leslie Tindal for his outstanding and valuable service as agriculture commissioner and thank him for twenty years of service to the farmers and citizens of South Carolina. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives commend and congratulate the Honorable D. Leslie Tindal of Pinewood for twenty years of dedicated service as Commissioner of Agriculture in South Carolina, and extend best wishes to him and his family upon his retirement.

The Resolution was adopted.

The following was introduced:

H. 3346 (Word version) -- Reps. G. M. Smith, Weeks, G. Brown, Coates, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Easterday, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A HOUSE RESOLUTION TO EXPRESS THE SINCERE SORROW OF THE HOUSE OF REPRESENTATIVES UPON THE DEATH OF JOHN MATTISON MAHON, SR., OF SUMTER THURSDAY, DECEMBER 5, 2002, AND TO CONVEY DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

The Resolution was adopted.

The following was introduced:

H. 3347 (Word version) -- Reps. G. M. Smith, Weeks, G. Brown, Coates, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler,

The Resolution was adopted.

The following was introduced:

H. 3348 (Word version) -- Reps. G. M. Smith, Weeks, G. Brown, Coates, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Easterday, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Whipper, White, Whitmire, Wilkins,

The Resolution was adopted.

The following was introduced:

H. 3349 (Word version) -- Reps. G. M. Smith, Weeks, G. Brown, Coates, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Easterday, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE MARION RICKS OF SUMTER FOR THE COURAGE AND HEROISM HE DISPLAYED WHEN HE FOUND AN ABANDONED BABY GIRL IN AN OVERGROWN VACANT LOT IN SUMTER ON JULY 24, 2002.

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

The following was introduced:

H. 3350 (Word version) -- Reps. G. M. Smith, Weeks, G. Brown and Coates: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO ERECT ALL-WAY STOP SIGNS AT THE INTERSECTION OF CAIN'S MILL ROAD AND CLIPPER ROAD IN SUMTER COUNTY.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

The following was introduced:

H. 3351 (Word version) -- Reps. G. M. Smith, Weeks, G. Brown, Coates, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Easterday, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE DR. PERRY DAVIS OF PINEWOOD FOR HIS CONTINUED ENTHUSIASM AND DEDICATION TO THE MEDICAL PROFESSION AND TO EXTEND BEST WISHES TO HIM AND HIS FAMILY UPON HIS RETIREMENT AFTER FORTY-THREE YEARS OF SERVICE TO THE CITIZENS OF PINEWOOD AND SUMTER COUNTY.

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

The following was introduced:

H. 3352 (Word version) -- Reps. G. M. Smith, Weeks, G. Brown, Coates, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Easterday, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE DARIUS JENKINS OF SUMTER FOR THE COURAGE AND HEROISM HE DISPLAYED WHEN HE FOUND AN ABANDONED BABY GIRL IN AN OVERGROWN VACANT LOT IN SUMTER ON JULY 24, 2002.

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

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

Allen                  Altman                 Anthony
Bailey                 Bales                  Barfield
Battle                 Bingham                Bowers
Branham                Breeland               Brown, G.
Brown, J.              Brown, R.              Cato
Ceips                  Chellis                Clark
Clemmons               Coates                 Cobb-Hunter
Coleman                Cooper                 Cotty
Dantzler               Davenport              Delleney

Duncan                 Easterday              Emory
Freeman                Frye                   Gilham
Gourdine               Govan                  Hagood
Hamilton               Harrell                Harrison
Haskins                Hayes                  Herbkersman
Hines, J.              Hinson                 Hosey
Howard                 Huggins                Jennings
Keegan                 Kennedy                Kirsh
Koon                   Leach                  Lee
Littlejohn             Lloyd                  Loftis
Lourie                 Lucas                  Mack
Mahaffey               Martin                 McCraw
McGee                  McLeod                 Merrill
Miller                 Moody-Lawrence         Neal, J.H.
Neal, J.M.             Ott                    Owens
Parks                  Perry                  Phillips
Pinson                 Pitts, E.H.            Pitts, M.A.
Rice                   Richardson             Rivers
Rutherford             Sandifer               Scarborough
Scott                  Sheheen                Simrill
Sinclair               Skelton                Smith, D.C.
Smith, F.N.            Smith, G.M.            Smith, J.E.
Smith, J.R.            Smith, W.D.            Snow
Stewart                Stille                 Talley
Taylor                 Thompson               Toole
Townsend               Tripp                  Trotter
Umphlett               Vaughn                 Viers
Walker                 Weeks                  White
Whitmire               Wilkins                Witherspoon
Young

I came in after the roll call and was present for the Session on Thursday, January 16.

William Clyburn                   Denny Neilson
H.B. "Chip" Limehouse             Tracy Edge
Seth Whipper

Rep. FRYE signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, January 15.

In accordance with House Rule 5.2 below:
"5.2   Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."

Bill Number:   H. 3207 (Word version)
Date:   ADD:
01/16/03   DELLENEY

Bill Number:   H. 3206 (Word version)
Date:   ADD:
01/16/03   DELLENEY

Bill Number:   H. 3190 (Word version)
Date:   ADD:
01/16/03   BINGHAM

Bill Number:   H. 3190 (Word version)
Date:   ADD:
01/16/03   TOOLE

Bill Number:   H. 3190 (Word version)
Date:   ADD:
01/16/03   HASKINS

Bill Number:   H. 3188 (Word version)
Date:   ADD:
01/16/03   BINGHAM

Bill Number:   H. 3188 (Word version)
Date:   ADD:
01/16/03   TOOLE

Bill Number:   H. 3188 (Word version)
Date:   ADD:
01/16/03   HASKINS

Bill Number:   H. 3208 (Word version)
Date:   ADD:
01/16/03   DELLENEY

Bill Number:   H. 3209 (Word version)
Date:   ADD:
01/16/03   DELLENEY

The following Bill was taken up, read the third time, and ordered sent to the Senate:

H. 3282 (Word version) -- Reps. Taylor, Duncan and M. A. Pitts: A BILL TO AMEND ACT 779 OF 1988, AS AMENDED, RELATING TO

The following Bill was taken up:

H. 3259 (Word version) -- Rep. Lucas: A BILL TO ENACT THE "SCHOOL DISTRICT OF DARLINGTON COUNTY SCHOOL BOND PROPERTY TAX RELIEF ACT" WHICH AUTHORIZES THE IMPOSITION OF A ONE PERCENT SALES AND USE TAX WITHIN DARLINGTON COUNTY UPON APPROVAL IN A REFERENDUM TO BE USED FOR SPECIFIED SCHOOL PURPOSES.

Rep. LUCAS proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\20067SD03), which was adopted:
Amend the bill, as and if amended, by striking SECTION 2 and inserting:
/SECTION   2.   As used in this act, the following terms mean:

(1)   "board" means the Board of Trustees of the school district;

(2)   "bonds" means general obligation bonds of the school district issued to defray the cost of projects, and general obligation bonds, if any, subsequently issued to refund the bonds;

(3)   "county" means Darlington County;

(4)   "department" means the South Carolina Department of Revenue;

(5)   "election authorities" means the Darlington County Board of Elections and Registration;

(6)   "projects" means those improvements to be financed through the issuance of the bonds;

(7)   "referendum" means a referendum by which the question of the imposition of the sales and use tax herein authorized is submitted to the qualified electors of the county;

(8)   "school district" means the School District of Darlington County./
Renumber sections to conform.
Amend title to conform.

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

On motion of Rep. LUCAS, with unanimous consent, it was ordered that H. 3259 (Word version) be read the third time tomorrow.

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

Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:

H. 3341 (Word version) -- Rep. Lee: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF UNITED STATES HIGHWAY 221 IN SPARTANBURG COUNTY FROM ITS INTERSECTION WITH INTERSTATE HIGHWAY 26 TO HEARON CIRCLE "MARTIN LUTHER KING, JR. MEMORIAL HIGHWAY", AND TO INSTALL APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY CONTAINING THE WORDS "MARTIN LUTHER KING, JR. MEMORIAL HIGHWAY".

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

H. 3341 (Word version) -- Rep. Lee: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF UNITED STATES HIGHWAY 221 IN SPARTANBURG COUNTY FROM ITS INTERSECTION WITH INTERSTATE HIGHWAY 26 TO HEARON CIRCLE "MARTIN LUTHER KING, JR. MEMORIAL HIGHWAY", AND TO INSTALL APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY CONTAINING THE WORDS "MARTIN LUTHER KING, JR. MEMORIAL HIGHWAY".

That   the members of the General Assembly of the State of South Carolina request the Department of Transportation to name the portion of United States Highway 221 in Spartanburg County from its intersection with Interstate Highway 26 to Hearon Circle "Martin Luther King, Jr. Memorial Highway", and to install appropriate markers or signs along this portion of highway containing the words "Martin Luther King, Jr. Memorial Highway".

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

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

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

H. 3354 (Word version) -- Reps. Cotty, Cato, Wilkins, Freeman, Lourie, Ott, Richardson, Young, Harrison and Huggins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-1-110 SO AS TO AFFIRM THE AT-WILL NATURE OF EMPLOYMENT RELATIONSHIPS IN SOUTH CAROLINA AND TO PROVIDE A SPECIFIC MANNER BY WHICH TO CREATE EMPLOYMENT RELATIONSHIPS GOVERNED BY AN EXPRESS CONTRACT.
Referred to Committee on Labor, Commerce and Industry

H. 3355 (Word version) -- Reps. Townsend and Stille: A BILL TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 2003-2004, THE STARTING DATE AND ENDING DATE FOR THE ANNUAL SCHOOL TERM OF SCHOOL DISTRICT NO. 3 OF ANDERSON COUNTY MUST BE SET BY THE BOARD OF TRUSTEES OF THE DISTRICT IN ITS SOLE DISCRETION PROVIDED THAT THE ANNUAL SCHOOL TERM MUST COMPLY WITH ALL REQUIREMENTS OF SECTION 59-1-420 RELATING TO LENGTH OF THE SCHOOL TERM.
Referred to Committee on Education and Public Works

The Senate returned to the House with concurrence the following:

H. 3266 (Word version) -- Rep. Lucas: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE THE HONORABLE CHARLES "CORKEY" PATE OF MCBEE FOR HIS MANY YEARS OF UNSELFISH PUBLIC SERVICE AS THE LONGEST SERVING MAGISTRATE IN THE STATE OF SOUTH CAROLINA, AND EXTEND BEST WISHES TO HIM AND HIS FAMILY UPON HIS RETIREMENT AS MAGISTRATE JUDGE OF CHESTERFIELD COUNTY.

At 11:00 a.m. the House, in accordance with the motion of Rep. SCOTT, adjourned in memory of Ben Alfred Crouch of Spartanburg, to meet at 10:00 a.m. tomorrow.

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