Indicates Matter Stricken
Indicates New Matter

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

TO:       The Clerk of the Senate

The Clerk of the House of Representative

FROM:   J. Verne Smith, Chairman

Employment Security Commission Screening Committee

DATE:     January 13, 2004

In compliance with the provisions of Act 391 of 1996, Title 2, Chapter 20 of the South Carolina Code of Laws, it is respectfully requested that the following information be printed in the Journals of the Senate and the House of Representatives or otherwise distributed according to law.

The Screening Process

Pursuant of Act 391 of 1996, Title 2, Chapter 20 of the South Carolina Code of Laws, the committee has considered the qualifications of candidates seeking election to the South Carolina Employment Security Commission.

The committee's report includes the Transcript of the Proceedings Before the Screening Committee on November 12, 2003. The transcript does not include all exhibits offered by candidates at the hearing because of the length of some exhibits. Exhibits which are not reproduced as a part of the transcript may be viewed in the Office of the Senate Labor, Commerce and Industry Committee (Room 313 of the Gressette Building), since these exhibits were reviewed and considered by the committee in making its findings.

Report of the Members of the Employment Security Commission Screening Committee:

Sen. J. Verne Smith, Chairman     Rep. Lewis Vaughn, Vice Chairman
Senator Robert Ford             Rep. John L. Scott, Jr.
Senator William H. O'Dell       Rep. J. Adam Taylor
Senator W. Greg Ryberg         Rep. Michael D. Thompson

COMMITTEE MEMBERS IN ATTENDANCE:
Senator J. Verne Smith, Chairman
Representative Lewis R. Vaughn, Vice-Chairman
Senator Robert Ford
Senator William H. O'Dell
Senator W. Greg Ryberg
Representative John L. Scott, Jr.
Representative J. Adam Taylor
Representative Michael D. Thompson

ALSO PRESENT:
Helen Ann S. Thrower, House Labor, Commerce and Industry Committee
Martha Craig, Senate Labor, Commerce and Industry Committee
Cynthia Wood, Senate Labor, Commerce and Industry Committee

The Employment Security Commission Screening Committee meeting was held on Wednesday, November 12, 2003 at 2:00 p.m. in Room 308 of the Gressette Building, Columbia, South Carolina before Lisa D. Jeter, Registered Professional Report and Notary Public in and for the State of South Carolina.

CANDIDATES:
J. William McLeod - Columbia
Becky R. Martin - Anderson
Rebecca Davis Richardson - Lake Wylie
McKinley Washington, Jr. - Ravenel

THE CHAIRMAN: We're going to call the meeting to order. I would like to welcome Mr. McLeod and Representative Martin to the hearing. And I think the first person that we're going to speak with is Commissioner McLeod.

MS. CRAIG: Mr. Chairman, do you want to swear them in, or do you want me to?
If you will stand and raise your right hand. You've got to be sworn in.
(WITNESS SWORN.)

THE CHAIRMAN: Please be seated. The staff will ask you some questions.

MS. CRAIG: Mr. McLeod, we have a series of questions. And for the members of the committee, Mr. McLeod has provided a sworn statement and a Personal Data Questionnaire with detailed answers to questions regarding education, employment history, professional memberships and affiliations, appropriate conduct, office administration and temperament. That statement was provided to all of the commission members earlier and is included in your notebooks under tab one. I see no concerns with the statement. And with the committee's approval, I would ask that the statement be entered into the public record at this time.

SENATOR RYBERG: So moved.

THE CHAIRMAN: Okay.

EXAMINATION BY MS. CRAIG:

Q.     Mr. McLeod, if you would answer the following questions:
Do you affirm that the answers you previously provided the committee on the Personal Data Questionnaire, the statement of economic interest and the sworn statement are true and correct?

A.     They are.

Q.     There was one change you --

A.     I would like to mention -- I think it was number 17 that we discussed earlier about the letterhead.

Q.     This is on the sworn statement. Question 17, it asked, If currently serving as a commissioner while campaigning for this office, if you used commission letterhead or the services of your staff or your campaign?

A.     Right. I have two stationeries. I have the state, and of course I have a personal stationery that I send birthday letters out and so forth that I hope each one of you have received in the past. But this one was sent on my state stationery, which just said my intent to run for the House - I mean, for the commission. And I think I sent it to Chairman Verne; is that correct?

Q.     Yes, sir.

A.     I wanted to clarify that, because I think when I checked the answer, I checked no.

REPRESENTATIVE SCOTT: The other thing, in the event if usage of that nature does occur, all it does is require the individual to pay the cost of it, the cost associated with it. I don't think the question addressed that if you have -- if you reimbursed the state for the necessary costs related to it.

MR. MCLEOD: I wanted to clarify that, because after our discussion, I did check no when it should have been I used it for an answer to number 17.

THE CHAIRMAN: So you will reimburse the state for that?

MR. MCLEOD: I'll be more than happy to.

THE CHAIRMAN: Any other questions?
BY MS. CRAIG:

Q.     If you will proceed and answer the following questions: Do you or any member of your family own or operate any business which contracts with state or federal government?

A.     No.

Q.     Do you or any member of your family own or operate any business which receives state or federal funds from the Employment Security Commission?

A.     No.

Q.     Have you ever been arrested, charged or held by federal, state or other law enforcement authorities for a violation of the law, regulation or ordinance?

A.     No.

Q.     Have you, to your knowledge, ever been under federal, state or local investigation for possible violation of a criminal statute?

A.     No.

Q.     Has a tax lien or collection procedure ever been instituted against you personally by federal, state or local authorities?

A.     No.

Q.     Have you ever been disciplined or cited for a breach of ethics or unprofessional conduct by any court, agency, association or professional group?

A.     No.

Q.     Are you now or have you ever been employed as a lobbyist or acted in the capacity of a lobbyist principal?

A.     No.

Q.     Do you know of any reason you would have difficulty performing the duties of the Employment Security Commission?

A.     No.

Q.     As of today, have you asked for any commitments from any person for this position?

A.     No, I have not.

Q.     Have you made any statements that you have a certain number of votes already committed to you?

A.     No, I have not.

MS. CRAIG: Okay. One thing we did not send to you all is the financial information and the credit report. We have it available if you would like to look at it, but everything was in good standing.

BY MS. CRAIG:

Q.     If you would tell us briefly about yourself and explain why you would like to serve on this board.

A.     Okay. Thank you, Mr. Chairman and members of the committee. It has been a pleasure and certainly a privilege for me to serve as commissioner for the past 16 years. You and your colleagues have elected me four times to serve as commissioner, and I think I have done an excellent job with your trust, and I will be seeking -- this is my fifth term, and will be my final term. I would think after 20 years, I will have enough time in at that time that would meet my retirement. So this would be the last time I would be seeking this office. But with my 16 years, I'm the senior member of the commission. Commissioner Wells, who is not going to run this time, has eight years; and Commissioner Washington is concluding his first term, which is four years. I feel like with my experience of the 16 years, that I offer a service not only to my employees that work with our agency, but to the state and to the people that we serve. We're going through, like most state agencies, some tough times. And I would hope that you would agree that my 16 years of experience would certainly help not only our agency, but the people. I will be glad to answer any questions at this time.

THE CHAIRMAN: Does anyone on the panel have a question? Senator Ryberg?

SENATOR RYBERG: Billy, how many employees do you all have?

MR. MCLEOD: Around 1,100 at this time. And when I went there in 1988, we had right at 1,300, Senator. So because of some of the budget cuts and all, although we're federally funded, we are down 200 employees, and we're probably doing as much work now as we have in the past because of the plant closures and the unemployment rate at this time.

SENATOR RYBERG: So you all are federally funded for operations, not any state money that's --

MR. MCLEOD: We federally funded our budget. Our money comes out of the labor department. Now, the taxes are paid by the employer, as you're aware of, I'm sure. You pay on each employee that you have that works for you. That's the money that's used to pay the unemployment benefits. But our actual operating expenses, I think, during the budget year are less than $200,000, is what we get from the state to run the agency.

SENATOR RYBERG: The monies that are collected, do y'all control those or does the treasurer control them? How is the --

MR. MCLEOD: We control them. They're put -- we have a trust fund, which -- and I'm glad you asked that, because I wanted to get to our trust fund. At this point, it's $420 million which is in our trust fund. That sounds like a lot. But in the year 2000, we had over $800 million in this trust fund. Now, what has happened, because of the unemployment rates and the plant closures and all, we have not been taking in as much money from the employers to pay all of the unemployment benefits. So when that happens, we have to take money out of the trust fund, which I try to explain to people that we're no more than an insurance company. You're paying an insurance premium on your employees. And the last couple of years, we've been having to take money out of the trust. So we've actually used around $300 million of our trust fund money to make up for the money that has not been coming in from the employers.

SENATOR RYBERG: What has the shortfall run over the last 12 months? Is it a couple hundred million dollars?

MR. MCLEOD: Last year, I think we used 140 million from our trust fund, just to be able to meet our obligations to the unemployment.

SENATOR RYBERG: The trust fund is vested in what, short-term securities or --

MR. MCLEOD: Yes. And that's another problem we're having, where we had 800 million, of course, the interest goes into the trust fund. So when we had 800 million, we were getting a lot more interest on our money than we do now. So I think -- I could check on this for you. But if I'm not mistaken, maybe we've got around $10 million or maybe 15 million this year, something like that, was the interest. So we get hurt in two ways when it drops down.

SENATOR RYBERG: Billy, you're the chairman of the Employment Security Commission.

MR. MCLEOD: I'm the chairman at this time. We have a very unusual situation, and it's apparently always been this way. We rotate our chairmanship. So although I'm the senior member by eight years, we rotate every 16 months.

SENATOR RYBERG: Every 16?

MR. MCLEOD: Every 16 months we rotate. So each commissioner would be chairman for 16 months out of the four-year term. And it's been where I've always been the chairman the end of the last 16 months of each of my terms.

SENATOR RYBERG: Is there an executive director?

MR. MCLEOD: Yes. We have an executive director that the commissioners hire, and he works at our pleasure. And the current executive is Ted Hadley from Camden. He works at our pleasure.

SENATOR RYBERG: Thank you.

THE CHAIRMAN: Any other questions? Representative Thompson?

REPRESENTATIVE THOMPSON: Thank you, Senator. Billy, you said that you had a total of $200,000 from state appropriated funds, correct, for --

MR. MCLEOD: It's actually less than 200. That's the ballpark figure. I think it's probably maybe closer to 160,000, is what we get from the state. And that's for one particular program. We call it SCOIT (phonetic). That's the one where we send people into high schools. And they go around and tell ninth and tenth graders maybe what field vocation they should be in by the time they graduate, and that's the only area that we get state funds.

REPRESENTATIVE THOMPSON: What's the total budget? I mean, proceeds that you get from the federal government.

MR. MCLEOD: Give me a corner and five minutes and I will tell you. But offhand, I don't -- it is really -- I wish I could answer that for you. I don't know offhand. I would hate to give you the wrong figure.

REPRESENTATIVE THOMPSON: You had mentioned the trust fund that you had. Is the trust fund - is the sole purpose of the trust fund to cover shortfalls?

MR. MCLEOD: Yeah. As a matter of fact, 1999 or 2000, we went to the General Assembly -- when I say "we," I mean the Employment Security Commission - and asked you all to help us maintain our trust fund, because there was a move at one time when everything was doing good in the economy that people thought maybe employers shouldn't have to continue paying the tax rates that they were paying. And after we made our case to both the Senate and the House, you all were kind enough to allow us to continue to -- we have a formula that keeps our trust fund where we will not actually ever lose it. North Carolina at this point is having to borrow money from the federal government to pay unemployment, where we're fortunate, we have this trust fund, where if we need money, we can withdraw money from it.

REPRESENTATIVE THOMPSON: Is there like a minimum balance that you have to keep in this trust account, or it just fluctuates?

MR. MCLEOD: Well, it's fluctuating now. But actually, there's a formula where 2 percent of the employers' wages, total wages -- just for example, it was 43 billion dollars, is the wages that were turned in by the employers last year. We have 93,000 employers in this state, and the total wages were almost $43 billion. Two percent of that is supposed to remain in our trust fund to keep us in a position where we would never go broke like some of the states - our neighboring states.

REPRESENTATIVE THOMPSON: You said one time it was at $800 million. Is that the highest it's ever been?

MR. MCLEOD: That's the highest, and that's where we would probably like to have it now. It will not jump up that much in one year. We're hoping if times get better and the economy turns around, that it will eventually get up to around 800 million. But this year, we only have 430 million now, I think, in our trust fund and we're -- I think even with the new tax increase that will be given to the employers, we're looking at still about a $200 million - somewhere around 600 million is what we expect to have there next year.

REPRESENTATIVE THOMPSON: Thank you, Mr. Chairman.

THE CHAIRMAN: I apologize to all of you for being late, but we had to attend the big announcement about our Clemson, BMW, Microsoft deal in Mauldin, and it was a very exciting announcement. It looks like it's going to be a great thing, and I think it's going to be a -- it's going to be good enough to where it's worth waiting for. I hope so.

MR. MCLEOD: I think one of my fellow commissioners may have been up there with you.

THE CHAIRMAN: Yeah. I believe she was red-headed.

MR. MCLEOD: Mr. Washington and I sent her up there on our behalf so we could be here with you.

THE CHAIRMAN: I'm glad you were represented, Mr. McLeod.

SENATOR FORD: Mr. Chairman, after each commissioner, do we make a motion or what?

THE CHAIRMAN: Well, we want to be sure that everybody is through asking questions.

SENATOR FORD: I mean after that.

THE CHAIRMAN: Yes. Then what did you say about executive session, Ms. Martha? She said we want to hear from all of them first and make a motion to go into executive session, and then come out and do what we're doing in public. That's what Ms. Martha says, and that's usually right. Any further questions?

SENATOR O'DELL: Mr. Chairman?

THE CHAIRMAN: Yes, sir.

SENATOR O'DELL: Commissioner McLeod, on the trust fund that you're speaking of, that's the state money that goes in there, or is that state and federal?

MR. MCLEOD: That's the money that we get from the employers, but it's the state. Well, actually, I reckon it's your federal money, if you think about we're a federal agency. It's the money, Senator, that you pay on your employees like you're required to do. That's the money that we put in the trust fund to pay out the unemployment, if you would have to have some employees who was entitled to the unemployment benefits.

SENATOR O'DELL: In other words, when an employer sends the money in, that's where it goes into that trust fund?

MR. MCLEOD: We keep that money, and it's put into -- like I explained awhile ago, we feel like it's an insurance. Actually, that's where the name -- we got the unemployment insurance, because, really, all it is is a policy that you as an employer are paying to protect your employees in case something would happen and you would have to have a layoff or they would be discharged.

SENATOR O'DELL: What happens if we go broke?

MR. MCLEOD: Well, thanks to you all, I don't think that would happen right now because y'all have given us some measures, safety nets that would protect us. But there are some surrounding states and states at this time that are having to borrow money now from the federal government from the labor department in Washington just to pay their unemployment benefits. And they will have to, I imagine, pay that money back. I imagine they're going to eventually have to tax the employers more in order to recover that money, is what I would think.

SENATOR O'DELL: That would be the avenue of something we --

MR. MCLEOD: That would be the only way we could get the money. If something would happen, to answer your question, and we would run out of money with our trust fund, the only option we would have would be to increase the taxes you're paying to rebuild the trust fund, yes.

SENATOR O'DELL: This commission has the authority to do that, to increase the levy on the employers?

MR. MCLEOD: Only with you all's approval.

SENATOR O'DELL: The legislature --

MR. MCLEOD: Right. We would have to go to you and ask you to allow us to raise the taxes for that purpose.

SENATOR O'DELL: Can you project anything in the future on where we are and how we're looking?

MR. MCLEOD: Well, the only projection we have is, next year we're still looking to probably not take in enough money to meet the unemployment that we will be paying out. So we're looking for another year of reducing our trust fund, but not as a great amount as we did this past year. Of course, all of that is projections.

SENATOR O'DELL: Well, that ends my questions. I want to commend you for a great job. I think you're doing a great job.

MR. MCLEOD: Thank you so much, Senator.

THE CHAIRMAN: Any further questions from members of the committee? Thank you, sir. We will call on the next person.

MR. MCLEOD: Is it all right at this time that I could leave? There is no reason for me to stay around?

THE CHAIRMAN: Do you think it's all right to let him go?

SENATOR O'DELL: Since he's had back surgery, we might as well let him go.

THE CHAIRMAN: So you had some back surgery?

MR. MCLEOD: September the 8th, I had a ruptured disk.

THE CHAIRMAN: I hope you get along good. Thank you. Helen Ann, go ahead and swear Ms. Becky in.

MS. THROWER: Ms. Martin, would you please raise your right hand to be sworn?
(WITNESS SWORN.)

THE CHAIRMAN: You want to ask those questions for us, please, ma'am?

MS. THROWER: Yes, sir. Thank you. Ms. Martin has provided a sworn statement and a Personal Data Questionnaire, with detailed answers to questions regarding education, employment history, professional memberships and affiliations, appropriate conduct, office administration and temperament. That statement and questionnaire was provided to all committee members earlier and is included in your notebooks, I believe, behind tab two. I have reviewed the documents, and at this point, I have no concerns and would ask that they be admitted into the record at this time. And Mr. Chairman, I would have a few questions of Ms. Martin.

THE CHAIRMAN: Okay.

EXAMINATION BY MS. THROWER:

Q.     Ms. Martin, with regards to your Personal Data Questionnaire -- you and I discussed this briefly earlier today -- number 28, when asked expenditures you've made in furtherance of your candidacy for this position, your answer was to see the attached. I wanted to clarify for the record that the attachment you provided was actually regarding expenditures for your house seat, and that you've in fact spent, I believe, $86 on stationery and stamps in furtherance of this position; is that correct?

A.     Right. But I think that actually came out of my own personal -- I think there was a list, and a page was left off when it was put on the disk.

Q.     Right.

A.     So since I was already in training, I didn't have the written. I will get a copy of the written. The stationery is something like $30. The envelopes or the -- and the printing was a little bit about that, and the stamps.

Q.     Thank you. I just wanted to clarify that for the record. With the exception of that question, do you affirm that the answers you previously provided to the committee on your Personal Data Questionnaire, sworn statement and statement of economic interest are true and correct?

A.     Yes.

Q.     Ms. Martin, do you or any member of your family own or operate any business which contracts with state or federal government?

A.     No, ma'am.

Q.     Do you or any member of your family own or operate any business which receives state or federal funds from the Employment Security Commission?

A.     No.

Q.     Have you ever been arrested, charged or held by federal, state or other law enforcement authorities for violation of the law, regulation or ordinance?

A.     No.

Q.     Ms. Martin, have you, to your knowledge, ever been under federal, state or local investigation for possible violation of a criminal statute?

A.     No.

Q.     Has a tax lien or collection procedure ever been instituted against you personally by federal, state or local authorities?

A.     No, ma'am.

Q.     Have you ever been disciplined or cited for a breach of ethics or unprofessional conduct by any court, agency, association or professional group?

A.     No.

Q.     And are you now or have you ever been employed as a lobbyist or acted in the capacity of a lobbyist principal?

A.     Yes, ma'am.

Q.     You have? Will you tell us a little bit about that, briefly?

A.     From 1990 to 1996, I was proud to work for the state employees under the State Employees Association. I worked -- I lobbied for their benefits, insurance, and mainly to be a liaison between the working staff of the government and the legislators who were making the decisions about what benefits and pay they would receive.

Q.     Thank you. Ms. Martin, do you know of any reason you would have difficulty performing the duties of this position?

A.     No.

Q.     Have you sought or received a pledge of any legislator prior to this date?

A.     No, ma'am.

Q.     Have you sought or received a conditional pledge of support of any legislator pending the outcome of your screening?

A.     No, ma'am.

Q.     And are you familiar with the pledging prohibitions under Title Eight, which prohibits a candidate for an office elected by the General Assembly from seeking directly the pledge of a member of the General Assembly until the qualifications of all candidates for the office have been determined by the appropriate joint committee to review the candidates for that office?

A.     Yes, ma'am.

Q.     Thank you, Ms. Martin.

MS. THROWER: I apologize. I would like to note that as Ms. Craig stated, the financial statement and credit check are available, if you all would like to review those. I have reviewed the documents and have no questions.

BY MS. THROWER:

Q.     My last question is, if you would, briefly tell us about yourself and explain why you would like to serve on this commission.

A.     Thank you. Well, I apologize for the cold and the deep voice today. I am married, and my husband is a letter carrier, and we have two daughters and two grandsons. And because of the grandsons, I probably have this cold, because when you love them and they love you. But also, I have spent the past week reading in some of the schools, and there is a lot of germs there. But I feel qualified for this job and am seeking this job because I feel like I have had the experience and the knowledge and the background to serve this state well and in this position. Not only have I lived in -- I was born close to the coast, and I went to school in Winnsboro, worked briefly in Columbia for awhile, and then also in the Upstate. So it kind of gives me knowledge of the different employments and employers around the state. Also, I feel that with my knowledge of government, which started off, actually, through the Employment Security Commission, because when my husband graduated from Francis Marion in Florence, we were transferred to the upstate, and he began working with Milliken, and so that put me unemployed for awhile. And so I actually started off -- so I have received the unemployment checks. I went to work under the CETA (phonetic) program, which was a special job training program at the time that some of the counties would receive in order to help them with their needs. And in that job, that was at the Anderson County Health Department, I worked as -- I functioned as a district accountant working in government funds and understanding a little bit more about how the government uses -- utilizes its funds for employees as one of the largest, probably, expenses we have, but they're also the ones that provide service. So after being -- after being in that position and being concerned, I got involved in how the legislature fit in with the state government. And during that time, I had the opportunity to go across many of the counties and work with many of the people, not only in -- through DHEC, but through some of the other agencies. And it gave me a great opportunity just to see how our state operated. And after I left the Employees Association, I decided that -- I'm the type of person that, instead of just sitting back and complaining about something, I like to be a part of it and try to solve it. That's why I ran for the House, so that I could probably be a part of that change. And also, I think on one of those papers, when it was giving the service, I think they have a year there instead of at present, because I'm still presently a legislator. One of the other things that I feel that makes it important is that I really care about the state of South Carolina, and I want to see us use our funds wisely. I want to see good jobs coming into South Carolina. And I know that the Employment Security Commission right now is number one in the nation, and I would like to see it continue to be that way. We have a great state. We have a lot to be proud of. I feel like with my ability to meet other people and have the opportunity to -- I'm always willing to learn and grow and to set an example for others, that they too can be strong. So I also would like to be a part of helping motivate the employees we do have in our state to be the best that they can be. And because I have been an employer, as well, because I work -- I am a realtor part-time, but there's really no such thing as a part-time realtor. You either do it or you don't. So lately, I haven't been as much as I would like to. But I have people working for me. So I feel like I know both sides of being an employee and an employer. And one of my strongest desires is to treat people fairly. I feel like that's the main concern that most people have. They just want to be treated fairly, whether it's taxes, whether it's employment decisions or anything you do, they just would like to be -- feel like they've had their opportunity or just treated fairly. So I hope to continue to promote that in our state. Like I said, I've been through the unemployment line. So I know what it's like there to sit there and wait. I've had the opportunity to grow. So I know that this agency is one that works. And I feel like the management and leadership is the most important part of being in the agency, running the organization, and I would like to be a positive part of that.

THE CHAIRMAN: Thank you, ma'am. Do any members of the committee have questions? You must have been very convincing. I don't think they have anything.

MS. MARTIN: Well, I appreciate you all being here. Also, being a legislator, I understand the many hours that you put in, and it's a nice day out there. So thank you.

THE CHAIRMAN: We're glad to have you, Ms. Becky. You're free to go.

SENATOR RYBERG: Mr. Chairman, is there a list of qualifications for people to serve in this position or is there a -- is there legislative criteria?

THE CHAIRMAN: I don't know, Martha. Is there legislative criteria?

MS. CRAIG: This is the only board left that you do -- that has no qualifications. There's nothing in the statute dealing with qualifications for this board.

THE CHAIRMAN: It's left up to our judgment.

SENATOR RYBERG: Just the fact that you have served in the legislator is the only qualification?

MS. CRAIG: This is the only one you can be a sitting legislator and run for. We're ahead of schedule. Mr. Washington, we just called him. He is on his way over. Ms. Richardson said she would be here by 3:25. If you want to go ahead and vote on these two at this point.

SENATOR FORD: Mr. Chairman, could I ask Ms. Martha a question?

THE CHAIRMAN: You certainly can.

SENATOR FORD: Mr. Billy, the first gentleman, said that -- he said that he's got 1,100 employees. Are they state employees; do you know?

MS. CRAIG: You're considered for the purposes of retirement and state benefits state employees.

SENATOR FORD: But the money comes from the feds?

MS. CRAIG: Right.

SENATOR FORD: Explain that 43 billion again. What was he saying about that; do you know?

SENATOR RYBERG: What he said was, it was 43 billion dollars payroll, but they collect taxes on it.

THE CHAIRMAN: All of the workers.

SENATOR FORD: In the state.

MS. CRAIG: I gave Representative Thompson the budget. It's 177,000 of state funds and 117 million --

REPRESENTATIVE THOMPSON: $117,535,779 total base budget.

MS. CRAIG: Only 177,000 are state dollars.

REPRESENTATIVE SCOTT: It might be incumbent upon this committee to let one of the appropriations -- Senate appropriations, House appropriations, take a look at where we are in terms of compensation payout and projection as we need to in this upcoming budget year. If it looks like the economy is going to be soft for a little while longer, to raise the percentages or the rate to be charged. We need to probably send something forward, rather than waiting on the trust fund to zero itself out and come to us, and we don't have a whole lot right now to put in there. But if we can get ahead of this thing by a year or so, we can probably reinstate the trust fund. It's always easy to cut it in good times, but to raise it in bad times --

THE CHAIRMAN: Who would you recommend do that, Representative Scott?

REPRESENTATIVE SCOTT: You can get it on the Senate side --

SENATOR RYBERG: Mr. Chairman, I would recommend you have it done on the House side. I don't think the Senate wants to.

REPRESENTATIVE SCOTT: Well, I don't think it's -- I don't think to do those projections is that big of a deal. If you will look at what your normal payout is, I'm pretty sure that, through the use of the Budget and Control Board, may have to send it over to them, as well, and coming to some type of agreement and look at your projections, which should be pretty close to knowing where you are with this.

THE CHAIRMAN: Would you like to request --

REPRESENTATIVE SCOTT: I think this committee needs to make that kind of request before we get ourselves so far in the rate that we have not done anything, and end coming back to the committee anyway. At least have somebody take a look at it.

THE CHAIRMAN: Representative Vaughn?

THE VICE-CHAIRMAN: Didn't the first speaker, Mr. McLeod, say that they had made the projections for this coming year and that it would not affect the trust fund to the point where we would need to do that? I don't know who made the projection.

REPRESENTATIVE SCOTT: Maybe she can read back what he said, but I thought he said after this year, we'll have some pretty tough shortfalls, unless I misunderstood.

REPRESENTATIVE THOMPSON: If I could interject. He did say that the trust fund still had a pretty healthy balance of around $450 million.

REPRESENTATIVE SCOTT: He also said that the trust fund had come from the $800 million to 400.

SENATOR RYBERG: But I think he also said, Representative Scott, that he expected it -- I thought he said increases put in to have it go back to $600 million. So --

REPRESENTATIVE SCOTT: He said that they could come to the legislature and ask for increases to bring it back up. I don't know what their numbers look like. I don't want to sit on this thing and then get a balloon.

THE CHAIRMAN: What about asking Commissioner McLeod to have their staff report to us in writing on this question, so we would have it in hand and we would know more?

REPRESENTATIVE SCOTT: That sounds pretty reasonable.

THE CHAIRMAN: Would that suit you all?

REPRESENTATIVE SCOTT: Yes, sir.

SENATOR O'DELL: Mr. Chairman, I believe he also said that if something went wrong with it, it went broke, they could borrow it from the federal government. So we're not looking at a situation where it's just going to be depleted all at one time. I don't want to raise any employment taxes unless we --

THE CHAIRMAN: It won't hurt us to get it in writing, on account of what he told us. I will ask Ms. Martha if it's agreeable with the committee.

SENATOR FORD: Mr. Chairman, this committee, after we finish our duties on this, that's the end of us; right?

THE CHAIRMAN: Yes.

SENATOR FORD: Well, not the end of us, but --

THE CHAIRMAN: We were created for one purpose.

SENATOR FORD: One purpose, right.

THE CHAIRMAN: It's to screen the candidates. But as a member of the General Assembly, we are still under an obligation to learn a little more about the financial situation. I guess that's what you feel, Mr. Scott. That will be all right. Well, we have to wait, I guess, on the others. How about voting on the two we've got? Would that suit you?

SENATOR RYBERG: That's a good idea.

THE CHAIRMAN: Is there a motion that we would recommend John William (Billy) McLeod for confirmation?

SENATOR FORD: So moved.

THE CHAIRMAN: A motion is made and seconded. All in favor, say aye. The ayes have it. Now, how about Ms. Becky R. Martin?

SENATOR FORD: So moved.

THE CHAIRMAN: The motion is made, seconded. All in favor say aye or vote no. They ayes have it. That tends to work on those two. Now we've got two more, if we can get them here.

THE CHAIRMAN: I'm going to call the committee back to order. We have the distinguished Former Senator McKinley Washington, who I've had the great honor of serving with in the Senate. We're glad to have you, Mr. Washington. And we will ask Ms. Helen Ann to ask you some questions and kind of guide us through this. I believe she's going to have to swear you in. I know you ain't much on swearing.

MR. WASHINGTON: No, sir.

MS. THROWER: Thank you, Mr. Chairman. Mr. Washington, if you would, please raise your right hand to be sworn in.
(WITNESS SWORN.)

MS. THROWER: Thank you. Mr. Chairman and members of the committee, Mr. Washington has provided a sworn statement and Personal Data Questionnaire with detailed answers to questions regarding education, employment history, appropriate conduct and temperament of the office. That statement and questionnaire was provided to the committee members earlier and included in your notebooks. I have no concerns with any of those materials and would ask that they be entered into the public record at this time. Mr. Chairman, at this time I just want to ask a few questions behind tab four of the materials.

THE CHAIRMAN: All right.

EXAMINATION BY MS. THROWER:

Q.     Mr. Washington, do you affirm that the answers you previously provided the committee on your Personal Data Questionnaire, sworn statement and the statement of economic interest are true and correct?

A.     Yes, ma'am, I do.

Q.     Do you or any member of your family own or operate any business which contracts with state or federal governments?

A.     No, I do not.

Q.     Do you or any member of your family own or operate any business which receives state or federal funds from the Employment Security Commission?

A.     We do not.

Q.     Have you ever been arrested, charged or held by federal, state or other law enforcement authorities for violation of the law, regulation or ordinance?

A.     No, ma'am.

Q.     Have you, to your knowledge, ever been under federal, state or local investigation for possible violation of a criminal statute?

A.     No.

Q.     Mr. Washington, has a tax lien or a collection procedure ever been instituted against you personally by federal, state or local authorities?

A.     No, ma'am.

Q.     Have you ever been disciplined or cited for a breach of ethics or unprofessional conduct by any court, agency, association, or professional group?

A.     No, I've not.

Q.     Are you now or have you ever been employed as a lobbyist or acted in the capacity of a lobbyist principal?

A.     No, I have not.

Q.     Mr. Washington, do you know of any reason you would have difficulty performing the duties of this position?

A.     No, I do not.

Q.     As of this point you have made no campaign expenditures as of today; is that correct?

A.     No, I have not.

Q.     Have you sought or received the pledge of any legislator prior to this date?

A.     No, I have not.

Q.     Are you familiar with the pledging prohibitions of Title Eight, which prohibits a candidate for office elected by the General Assembly from seeking directly the pledge of a member of the General Assembly's vote until the qualifications of all candidates for that office have been determined by the appropriate joint committee to review candidates for that office?

A.     Yes, ma'am, I'm aware of that.

MS. THROWER: For the record, I would like to note that Mr. Washington's financial statement and credit check are available, if you all would like to review that. I've reviewed the documents and have no concerns with them.

BY MS. THROWER:

Q.     Mr. Washington, my last question: If you would, briefly tell us about yourself and explain why you want to serve on the commission, continue serving.

A.     Thank you very much. Mr. Chairman and members of this distinguished panel, thank you for allowing me to be here today. Of course, I have had the opportunity over the years to serve with all of you on the panel today and have served for many, many years in the General Assembly. I am also a Presbyterian pastor. And for the last three years and few months, I have been on the Employment Security Commission, served as the chairperson of that commission. We rotate the chairmanship on the commission. I have been blessed with the opportunity to serve this state for many, many years, now some 20-something years as a legislator and as the commissioner, and had the opportunity to work with the commission, and particularly in a difficult time. The unemployment rate has been very high. And we have been able to provide the kind of service to this state and to the people of this state that we are very proud of. I want to also say that since I've been on the commission, this commission has been awarded the top award for the last couple of years, the two highest awards this past year of any Employment Security Commission in the nation. The executive director and our computer staff director was awarded the top award just a few months ago out in the state of Washington. So we're very proud of what the agency has done. And also, in the last few years, this agency was way down the line as far as their employment record as far as diversity, et cetera. Now we're up in the top. We have a strong director who is doing a tremendous job, and certainly I would want to continue to serve just a little bit longer to make sure that we continue to build the agency the way it ought to be.

THE CHAIRMAN: Thank you, sir.

MS. THROWER: I have no further questions at this time.

THE CHAIRMAN: Members of the committee? You all are going to let him get by that easy?

THE VICE-CHAIRMAN: Good man.

SENATOR FORD: Tell us about the Presbyterian church.

MR. WASHINGTON: I think I will leave that up to Elder Smith to do that for you.

THE CHAIRMAN: We are clicking on the same burner on that, aren't we?

MR. WASHINGTON: Yes, sir.

THE CHAIRMAN: Well, Senator Washington, it's a pleasure to have you with us, and glad that you'll serve on this important commission, because I know you will do a good job. We will excuse you now, and we are going to vote on you as soon as you go out the door. I don't want you to see who votes against you now.

MR. WASHINGTON: Well, thank you so much, Mr. Chairman. And I want to thank the members of this committee for the support that you give to the Employment Security Commission and some of the legislation that you had to pass to make sure that our job is taken care of and make it much easier for us. And I just want to say to you that we will continue to ask you to support the Employment Security Commission, particularly now with -- the unemployment rate is still going up, and of course the next report will be out next week, and there will -- you're still going to see that we still have a problem in this state.

THE CHAIRMAN: Senator, Representative Scott had some concerns about a little more information on the financial. If you would, ask him what you think we need, Representative Scott, and he can get it for us.

REPRESENTATIVE SCOTT: Yes, sir. This was nothing skewed towards you, Senator. It was more skewed towards making sure that the trust fund maintained the level of dollars it needed to. I don't know how far you guys are along with doing an analysis. In the event the state may need to raise the rate to make sure you've got enough funds, so we don't end up going to the federal government to try to borrow a little money, so we can offset this thing early on, maybe with a little small increase until this market picks up a little bit.

MR. WASHINGTON: We're in pretty good shape right now, Representative Scott. We were much higher than we are now. We're still around about 400 million, I believe. This money comes from the employers, et cetera. We looked at what North Carolina did and what -- the condition that they're in now. They're in terrible, terrible trouble, because they had to do exactly what you're talking about. But because the legislature in South Carolina did what we did a few years ago, we're in pretty good shape at this particular point now. I don't think we necessarily need to talk about raising that at this point.

REPRESENTATIVE SCOTT: Thank you.

THE CHAIRMAN: Does that satisfy you?

REPRESENTATIVE SCOTT: Yes, sir.

SENATOR FORD: Mr. Chairman, I would like to ask the gentleman a question.

THE CHAIRMAN: Yes, sir.

SENATOR FORD: Senator, how many commissioners are in North Carolina; do you know? And how are they elected? Do they go through the same process that we go through?

MR. WASHINGTON: No, they are not. I don't think North Carolina --

SENATOR FORD: They're elected by popular vote from the public; right?

MR. WASHINGTON: No, no.

SENATOR FORD: They're not? The states that have popular election, how are they doing?

MR. WASHINGTON: We don't have any popular election of Employment Security Commissioners that I'm aware of. Either they are by the General Assembly or they're on the governor's.

SENATOR FORD: What's North Carolina?

MR. WASHINGTON: North Carolina, I think, is appointed with the advice and consent.

SENATOR FORD: So we can always blame the governor if we go to that system.

MR. WASHINGTON: Don't get me into that one.

SENATOR FORD: Mr. Chairman, one more question to you. This is to you. In your years in politics, have you ever known anybody to pay back the federal government, any government entity? I know the city, we borrowed a lot of money when I was on council.

THE CHAIRMAN: Charleston never paid nobody back.

THE CHAIRMAN: You didn't pay the state back.

SENATOR FORD: I thought that was a loan borrowed.

THE CHAIRMAN: I just don't have that information.

REPRESENTATIVE SCOTT: Mr. Chairman, I think he's trying to ease up out of his seat.

THE CHAIRMAN: We will let you go. We enjoyed having you. I don't want to keep you away from your work too long. As much as we pay you, I want you to work hard.

MR. WASHINGTON: Thank you so much.

THE CHAIRMAN: Did we vote on that? Representative Scott moves that we approve Senator Washington.

REPRESENTATIVE TAYLOR: Seconded.

THE CHAIRMAN: All in favor say aye, vote no. The ayes have it. We will recess until the other lady comes.

THE CHAIRMAN: We will call our committee back to order. And I am going to ask Ms. Martha to ask you a few questions, Ms. Becky.

MS. CRAIG: Ms. Richardson, if you would, raise your right hand to be sworn in.
(WITNESS SWORN.)

MS. CRAIG: Thank you. Ms. Richardson has provided a sworn statement and a Personal Data Questionnaire with detailed answers to questions regarding education, employment history, professional memberships and affiliations, appropriate conduct, office administration and temperament. That statement was provided to all commission members earlier and it's included in your notebook under tab three. I've looked at the information. There are no concerns. Everything seems to be in order. And with the committee's approval, would ask that these statements be entered into the public record at this time.

THE CHAIRMAN: So done.

EXAMINATION BY MS. CRAIG:

Q.     If you will answer the following questions: Do you affirm that the answers you previously provided the committee on the Personal Data Questionnaire, the statement of economic interest, and the sworn statement are true and correct?

A.     Yes. There would probably be one correction. My son, my youngest son, I said that he was an assistant manager at Starbucks.

THE CHAIRMAN: Turn your mic on.

MS. RICHARDSON: My youngest son, I think I stated in there that he was an assistant manager with Starbucks. This past week, he just took new employment. He's going to work for Standard Lighting. This is a company that my husband's son runs. So my son is going to work for my husband's son in sales at Standard Lighting in Charlotte, North Carolina.

BY MS. CRAIG:

Q.     We will make note of that. Ms. Richardson, do you or any member of your family own or operate any business which contracts with state or federal government?

A.     No.

Q.     Do you or any member of your family own or operate any business which receives state or federal funds from the Employment Security Commission?

A.     No.

Q.     Have you ever been arrested, charged or held by federal, state or other law enforcement authorities for violation of the law, regulation or ordinance?

A.     No, I have not.

Q.     Have you, to your knowledge, ever been under federal, state or local investigation for possible violation of a criminal statute?

A.     No.

Q.     Has a tax lien or collection procedure ever been instituted against you personally by federal, state or local authorities?

A.     No.

Q.     Have you ever been disciplined or cited for a breach of ethics or unprofessional conduct by any court, agency, association or professional group?

A.     No.

Q.     Have you now or have you ever been employed as a lobbyist or acted in the capacity of a lobbyist principal?

A.     No, I have not.

Q.     Do you know of any reason you would have difficulty performing the duties of this position?

A.     No.

Q.     Have you sought to receive the pledge of any legislator prior to this date?

A.     No.

Q.     Are you familiar with the pledging prohibitions found in Title Eight, which prohibits a candidate for an office elected by the General Assembly from directly seeking the pledge of a member until the qualifications have been published?

A.     Yes, I'm very much aware of that.

Q.     If you will, tell us briefly about yourself and explain why you would like to serve.

MS. CRAIG: Before I do that, let me tell the committee that her financial and her credit report were in good order, and they are available to anyone who wants to look at them on the committee.

MS. RICHARDSON: Thank you. I want to thank you for traveling down here and for waiting for me, even though I'm on time. And Senator Smith, I really would like to personally thank your staff for their assistance. They were so efficient and so helpful during the application process. You have good, dedicated people working for you.

THE CHAIRMAN: Great.

MS. RICHARDSON: My desire to serve on the Employment Security Commission is really a continuation of my service in the General Assembly. I want to take the same dedication to helping people in another capacity. And having served as chairman of House Ethics Committee for a number of years now, I know the importance of fairness and honesty and integrity, and I believe that I would be a very fair and impartial hearing officer in cases coming before the commission. I have a high energy level and a desire to work really hard to be the best commissioner possible.

THE CHAIRMAN: Thank you.

MS. RICHARDSON: Do you want me to say anything else?

THE CHAIRMAN: I think that covers it. What else?

MS. CRAIG: That's all of the questions I have.

THE CHAIRMAN: Do members of the committee have questions? You all are going to let her off that easy? Is there a motion?

THE VICE-CHAIRMAN: I make the motion.

THE CHAIRMAN: Representative Vaughn makes the motion that she be confirmed. Found worthy, well qualified and whatever else we need to find out about you. Is there a second to that? Seconded. All in favor say aye. All opposed no. The ayes have it. Just like falling off a log, wasn't it?

MS. RICHARDSON: Yes.

THE CHAIRMAN: We're glad to have you. I had to tease you a little bit.

MS. RICHARDSON: Thank you. I'm sorry that I didn't speed your process along.

THE CHAIRMAN: We needed a little break.

SENATOR FORD: Mr. Chairman, when will --

THE CHAIRMAN: Ms. Martha is going to tell us what's going to happen now.

SENATOR FORD: When are they able to get pledges?

MS. CRAIG: They cannot get pledges until the committee report is published in the journals of the House and the Senate. We will work with the clerks of the two bodies to have those printed in the journals on the first day of this session, which is January 13th. After that time, on Wednesday, the 14th, anytime after 10:00 a.m., they will be able to start seeking pledges. Also, there will be a joint resolution probably in -- going along with judicial screening to set the election for Wednesday, February the 4th. And then the newly elected commissioners would begin service on July 1st.

THE CHAIRMAN: Any other questions from members of the committee? Is there a motion that we adjourn?

SENATOR FORD: We Abandoned.

THE CHAIRMAN: We abandoned.
(There being nothing further, the proceedings concluded at 3:38 p.m.)

The following persons were found qualified to be candidates in the Employment Security Commission election by a majority of the members of the Screening Committee:

Three Seats with four (4) year terms to begin on July 1, 2004:
J. William McLeod - Columbia
Becky R. Martin - Anderson
Rebecca Davis Richardson - Lake Wylie
McKinley Washington, Jr. - Ravenel

The candidates may begin to seek commitments after 10:00 a.m. on Wednesday, January 14, 2004.

Respectfully submitted:
/s/ J. Verne Smith, Chairman
Employment Security Commission Screening Committee

On motion of Senator J. VERNE SMITH, with unanimous consent, the Report was ordered printed in the Journal.

Date Draft Report Issued:   Thursday, January 15, 2004
Date and Time Final Report Issued:   Tuesday, January 20, 2004, at 12:00 Noon
Judicial candidates are not free to seek or accept commitments until Tuesday, January 20, 2004 at 12:00 Noon

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 experiences (doctors, lawyers, teachers, businessmen, and advocates for various organizations; members of these committees are also diverse in their racial and gender backgrounds), were asked to advise the Commission on the judicial candidates in their regions. Each regional committee interviewed the candidates from its assigned area and also interviewed other individuals in that region who were familiar with the candidate either personally or professionally. Based on those interviews and its own investigation, each committee provided the Commission with a report on their assigned candidates based on the Commission's evaluative criteria. The Commission then used these reports as a tool for further investigation of the candidate if the committee's report so warranted. Summaries of these reports have also been included in the Commission's report for your review.

The Commission conducts a thorough investigation of each candidate's professional, personal, and financial affairs, and holds public hearings during which each candidate is questioned on a wide variety of issues. The Commission's investigation focuses on the following evaluative criteria: constitutional qualifications; ethical fitness; professional and academic ability; character; reputation; physical health; mental health; and judicial temperament. The Commission's investigation includes the following:
(1)   survey of the bench and bar;
(2)   SLED and FBI investigation;
(3)   credit investigation;
(4)   grievance investigation;
(5)   study of application materials;
(6)   verification of ethics compliance;
(7)   search of newspaper articles;
(8)   conflict of interest investigation;
(9)   court schedule study;
(10)   study of appellate record;
(11)   court observation; and
(12)   investigation of complaints.

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

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

Routine questions related to compliance with ethical Canons governing ethics and financial interests are now administered through a written questionnaire mailed to candidates and completed by them in advance of each candidate's staff interview. These issues are no longer automatically made a part of the public hearing process unless a concern or question is raised during the investigation of the candidate. The necessary public record of a candidate's pledge to uphold the canons, etc. is his completed and sworn questionnaire.

Written examinations of the candidates' knowledge of judicial practice and procedure are given at the time of candidate interviews with staff and graded on a "blind" basis by a panel of four persons designated by the Chairman. In assessing each candidate's performance on these practice and procedure questions, the Commission has placed candidates in either the "failed to meet expectations" or "met expectations" category. The Commission feels that these categories should accurately impart the candidate's performance on the practice and procedure questions.

The screening process benefited from the newly created Judicial Fellows Program. Aside from the Fellows offering significant assistance in the general screening process, the six law students also prepared an annotated catalogue of all statutory and constitutional qualifications for candidates for all levels of our judiciary. The Fellows also provided support to each of the Citizens Committees and assisted the Commission in researching and drafting questions to be asked of the Chief Justice concerning challenges facing our court system. The Commission wishes to thank Sara Pendarvis Bazemore, Daniel D'Alberto, LeeAnn Myers Foltz, Elizabeth Johnstone James, Andrew J. MacLeod, and Nosizi Ralphata-Mupanduki for their dedicated and able service during this inaugural year of the Fellows Program.

This report is the culmination of weeks of investigatory work and public hearings. The Commission takes its responsibilities seriously as it believes that the quality of justice delivered in South Carolina's courtrooms is directly affected by the thoroughness of its screening process. Please carefully consider the contents of this report as we believe it will help you make a more informed decision.

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

Circuit Court for the Sixteenth Judicial Circuit, Seat 2
Commission's Findings:   QUALIFIED AND NOMINATED

Pursuant to S.C. Code Ann. Section 2-19-40, the Commission waived the public hearing for Judge Alford since his candidacy for re-election was uncontested and no complaints were received.
(1)   Constitutional Qualifications:

Based on the Commission's investigation, Judge Lee S. Alford meets the qualifications prescribed by law for judicial service as a Circuit Court judge.
Judge Alford was born on May 16, 1942. He is 61 years old and a resident of York, South Carolina. Judge Alford 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 Alford.
Judge Alford 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 Alford reported that he has not made any campaign expenditures.
Judge Alford 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 Alford 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 Alford to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.
Judge Alford described his continuing legal or judicial education during the past five years as follows:
"02/16/98   Advisory Committee to Review S.C. Drug & Common Laws;
06/29/98   Orientation School for New Circuit Court Judges;
08/13/98   Annual Convention;
05/13/98   Circuit Court Judges Assoc Meeting;
01/12/99   Circuit Court Judges Meeting;
01/22/99   14th Annual Criminal Law Update;
01/22/99   Trial & Appellate Advocacy System Midyear Meeting;01/23/99   Solo & Small Firm Practitioners Section-Business Valuation Seminar;
07/12/99   NJC General Jurisdiction;
08/19/99   Judicial Conference;
08/16/00   Annual Judicial Conference;
08/03/00   SCTLA Convention;
05/10/00   SCACJ Circuit Court Judges Convention;
01/21/00   15th Annual Criminal Law Update;
08/18/00   S.C. Bar Domestic Violence Seminar;
01/26/01   S.C. Bar Criminal Law Update;
05/09/01   Circuit Court Judges Conferences;
09/07/01   Lexis-Nexis Training;
08/23/01   Judicial Conference;
01/25/02   17th Annual Criminal Law Update;
08/22/02   Judicial Conference;
05/08/02   Circuit Judges' Annual Conference."
Judge Alford reported regarding law-related courses he has taught:
"(a)   I have served as a speaker for several judicial CLE's for S.C. probate judges and a three-day training session for new probate judges. Topics have included: Conducting a Jury Trial, Probate Court Jurisdiction, Trusts and Annual Update of Supreme Court Decisions Affecting Probate Courts;
(b)   I spoke to the S.C. Bankers' Association about the new S.C. Probate Code;
(c)   I served as a speaker at several S.C. Bar CLE seminars on the S.C. Probate Code. I also spoke at a S.C. Bar CLE seminar on the S.C. Probate Practice Manual on the subject of legislative changes to claims procedures in probate estate in light of Tulsa Professional Collection Services v. Pope, 108 S.Ct. 1340;
(d)   I also served as a moderator for a CLE seminar at Winthrop University for the S.C. Bar and C.P.A.'s on the S.C. Probate Code;
(e)   I taught a course on fire law at York Technical College to firemen in an associates degree program when I was practicing law."
Judge Alford reported that he has not published any books or articles.
(4)   Character:

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

The Commission also noted that Judge Alford was punctual and attentive in his dealings with the Commission, and the Commission's investigation did not reveal any problems with his diligence and industry.
(5)   Reputation:
Judge Alford reported that his last available Martindale-Hubbell rating was "BV."

Judge Alford reported his service in the military as follows:
"United States Air Force; Active Duty, served from 1960 -1964. Honorable Discharge."

Judge Alford reported that he has held the following public offices:
"I served as Clerk of Court for York County for two weeks during a vacancy in that office while serving as Probate Judge for York County." Judge Alford also served as Probate Judge for York County from 1979 until 1992. He served as Family Court Judge from 1992 until 1998.
(6)   Physical Health:
Judge Alford appears to be physically capable of performing the duties of the office he seeks.
(7)   Mental Stability:
Judge Alford appears to be mentally capable of performing the duties of the office he seeks.
(8)   Experience:
Judge Alford was admitted to the South Carolina Bar in 1971.
Judge Alford provided the following account of his legal experience since graduation from law school:
"I was associated with an experienced attorney in the general practice of law from 1971-77.
I opened my own law office for the general practice of law in 1977.
I served as Probate Judge for York County from 1979-92.
I served as Family Court Judge from 1992 to 1998.
I have served as a Circuit Judge since 1998.
In the practice of law, I participated in criminal, civil, domestic relations, probate and property cases. My caseload was evenly divided in these areas of law."
The following is Judge Alford's account of judicial offices he has held:
"Probate Judge for York County 1979-1992. Elected by the voters of York County for a 4-year term in 1978. Re-elected in 1982, 1986, 1990. Resigned in 1992 when elected to Family Court. Probate Courts of S.C. are courts of record with limited jurisdiction which includes exclusive original jurisdiction over wills, trusts, the estates of deceased persons and the involuntary commitment of persons who are mentally ill or who have chronic alcohol or drug addiction, communicable diseases, etc.
Family Court Judge for the 16th Judicial Circuit Seat #2, 1992 to 1998. Elected by the General Assembly to complete 3 years remaining on the 6-year term of retired judge. Elected by General Assembly to 6-year term in 1995. Family Courts in S.C. are courts of record created by statute with limited jurisdiction. Family Courts have exclusive jurisdiction of divorces, annulments, adoptions, juvenile crimes, child custody, visitation, support, as well as abuse and neglect cases, etc.
Resident Circuit Court Judge of the 16th Judicial Circuit Seat #2. Elected by the General Assembly to a 6-year term in 1998. Circuit Courts in S.C. have general jurisdiction."
Judge Alford provided the following list of his five most significant orders or opinions:
"(a)   Beth B. Weaver, As Personal Representative of the Estate of William Scott Weaver;
(b)   State v. Tommy Walls;
(c)   Ex-Parte: The State-Record, Inc. & The Greenville News, Intervenors, In Re: South Carolina Department of Social Services v. Susan Vaughn, a Minor 16 Years of Age, and Beverly Russell, Her Stepfather;
(d)   Rock Hill School District Number Three v. Catawba Indian Tribe of South Carolina;
(e)   Rolling Investor Group, Inc. individually and on behalf of all others similarly situated v. Crandell Close, Bowles, Leroy S. Close, Springs Industries, Inc. and Heartland Industries Partners, L.P."
The following is Judge Alford's account of his unsuccessful candidacies for elective, judicial or other public office:
"I ran for York County Council in 1976. A long-time member of the Council in my district said he was not running for re-election. After I filed to run, he changed his mind and filed. I did not actively campaign and lost in a close election. The incumbent was a friend of mine.
I ran for one of the nine new Circuit Court positions created in 1990. Five candidates filed and were qualified. Three candidates dropped out. I lost in a fairly close election to Henry McKellar.
I ran for one of three new Circuit Court positions created in 1996. I lost in a fairly close race to John Breeden."
(9)   Judicial Temperament:
The Commission believes that Judge Alford's temperament has been and would continue to be excellent.
(10)   Miscellaneous:
The Piedmont Citizens Committee reported that Judge Alford was eminently qualified for continued service on the Circuit Court.
Judge Alford is married to Terri Dean (Baker) Alford. He has two children.
Judge Alford reported that he was a member of the following bar associations and professional associations:
"South Carolina Circuit Judges Association."
Judge Alford provided that he was a member of the following civic, charitable, educational, social, or fraternal organizations:
" (a)   I am a member of the American Legion;
(b)   I was a member of Group XX, Ltd., a 20-member investment (stocks) and social group but withdrew from membership two to three years ago."

Judge Alford additionally reported the following information:
"I believe that I have contributed and been a part of improving each court (probate, family and circuit) during my tenure. During almost 25 years on the bench, I have almost always been punctual and have missed less than 10 days due to illness. I will be glad to give details of improvements if the committee would like that information."
The Commission found Judge Alford qualified and nominated him for re-election to the Circuit Court bench.

Family Court for the Eleventh Judicial Circuit, Seat 1
Commission's Findings:   QUALIFIED AND NOMINATED

Pursuant to S.C. Code Ann. Section 2-19-40, the Commission waived the public hearing for Judge Allen since his candidacy for re-election was uncontested and no complaints were received.
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Kellum W. Allen meets the qualifications prescribed by law for judicial service as a Family Court judge.
Judge Allen was born on April 13, 1951. He is 52 years old and a resident of West Columbia, South Carolina. Judge Allen 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 Allen.
Judge Allen 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 Allen reported that he has not made any campaign expenditures.
Judge Allen 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 Allen 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 Allen to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.
Judge Allen described his continuing legal or judicial education during the past five years as follows:
"(a)   5/21/98   Family Court Judges Conference;
(b)   6/29/98   Orientation School for New Family Court Judges;
(c)   8/13/98   SCTLA Annual Convention;
(d)   8/20/98   Judicial Conference;
(e)   11/6/98   Family Court Bench/Bar Seminar;
(f)   1/22/99   S.C. Bar, Midyear-Family Law Section;
(g)   5/19/99   Family Court Judges Conference;
(h)   8/5/99     SCTLA Annual Convention;
(i)     8/19/99   Judicial Conference;
(j)     12/3/99   Family Court Bench/Bar Seminar;
(k)   1/21/00   S.C. Bar, Mid Year-Family Law Section;
(l)     5/3/00     Family Court Judges Conference;
(m)   8/3/00     SCTLA Annual Convention;
(n)   8/16/00   Judicial Conference;
(o)   12/1/00   Family Court Bench/Bar Seminar;
(p)   1/26/01   S.C. Bar, Mid Year -Family Law Section;
(q)   5/3/01     Family Court Judges Conference;
(r)   8/2/01   SCTLA Annual Convention;
(s)   8/23/01   Judicial Conference;
(t)     12/7/01   Family Court Bench/Bar Seminar;
(u)   1/25/02   S.C. Bar, Mid Year -Family Law Section;
(v)   5/1/02   2   Family Court Judges Conference;
(w)   8/01/02   SCTLA Annual Convention;
(x)   8/22/02   Judicial Conference;
(y)   12/02     Family Court Bench/Bar Seminar;
(z)   1/24/03   S.C. Bar Mid Year -Family Law Section;
(aa)   4/25/03   Speaker, 'Cool Tips'-Family Law CLE;
(bb)   4/30/03   Family Court Judges Conference;
(cc)   8/8/03     SCTLA Annual Convention;
(dd)   8/21/03   Judicial Conference."
Judge Allen reported that on April 25, 2003, he has lectured at a Family Law CLE at the USC Law School on 'Cool Tips.'
Judge Allen reported that he has not published any books or articles.
(4)   Character:
The Commission's investigation of Judge Allen did not reveal evidence of any founded grievances or criminal allegations made against him. The Commission's investigation of Judge Allen did not indicate any evidence of a troubled financial status. Judge Allen has handled his financial affairs responsibly.
The Commission also noted that Judge Allen was punctual and attentive in his dealings with the Commission, and the Commission's investigation did not reveal any problems with his diligence and industry.
(5)   Reputation:
Judge Allen reported that his Martindale-Hubbell rating was "AV."
Judge Allen reported he held the following public service positions:
" (a)   1981 - 1984, Lexington County Council Appointee to Lexington Medical Center Board of Trustees;
(b)   1988 - 1991, Governor's Appointee to Joint Legislature Committee on Solid Waste;
(c)   1990 - 1995, Governor's Appointee to Advisory Committee for the Improvement of Workers' Compensation Law;
(d)   1997 - 1998, Appointed to Commission on Lawyer Conduct (formerly Grievance Commission)."
(6)   Physical Health:
Judge Allen appears to be physically capable of performing the duties of the office he seeks.
(7)   Mental Stability:
Judge Allen appears to be mentally capable of performing the duties of the office he seeks.
(8)   Experience:
Judge Allen was admitted to the South Carolina Bar in November 1976.
Judge Allen provided the following account of his legal experience his graduation from law school:
"1976 - 1978   Greenville County Public Defender's Office
General Sessions & Family Court Juveniles;
1978 - 1998   Kirkland, Wilson, Moore, Allen, Taylor & O'Day, P.A. General Trial Practice with emphasis on Civil & Family Court;
1998 - Present   Elected by S.C. General Assembly to Family Court for the 11th Circuit, Seat 1, July 1, 1998 - Present."
Judge Allen reported the following regarding prior judgeships:
"Elected by City of West Columbia City Council to three stints as Associate Municipal Judge as follows:

April 3, 1979 - March 8, 1982;

May 7, 1991 - March 3, 1992;

September 15, 1994 - April 10, 1995."
Judge Allen provided the following list of his significant orders or opinions:
" (a)   SCDSS v. Lakeisha Holley, et al., (Unpublished Opinion No. 2000-UP-136);
(b)   Matthew Henry Wilson v. Linda Scruggs Walker, (Opinion No. 3172, filed 5/22/00);
(c)   William Earl Timmons v. Gail B. Timmons, Unpublished Opinion No.2002-UP-608)."
Judge Allen reported the following regarding unsuccessful candidacies:
"Candidate in 1980 for Republican nomination to South Carolina House of Representatives from Lexington County."
(9)   Judicial Temperament:
The Commission believes that Judge Allen's temperament has been and would continue to be excellent.
(10)   Miscellaneous:
The Midlands Citizens Committee found Judge Allen to be a qualified and highly-regarded judge. The committee approved of his re-election to the Family Court bench.
Judge Allen is married to Jane Inman Allen. He has two children.
Judge Allen reported that he was a member of the following bar associations and professional associations:
"(a)   Honorary Member of Lexington County Bar Association, President 1986;
(b)   S.C. Bar Association."
Judge Allen provided that he was a member of the following civic, charitable, educational, social, or fraternal organizations:
" (a)   Mt. Hebron United Methodist Church; I have served as adult and youth Sunday School teacher, MYF leader, Lay Leader, and Chairman of numerous church committees;
(b)   Quail Hollow Community Association."
Judge Allen was found qualified by the Commission and nominated for re-election to the Family Court bench.

Court of Appeals, Seat 9
Commission's Findings:   QUALIFIED AND NOMINATED

Pursuant to S.C. Code Ann. Section 2-19-40, the Commission waived the public hearing for Judge Anderson since his candidacy for re-election was uncontested and no complaints were received.
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Ralph King Anderson, Jr. meets the qualifications prescribed by law for judicial service on the Court of Appeals.
Judge Anderson was born on November 13, 1936. He is 67 years old and a resident of Florence, 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 1959.
(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:
01/25/97   S.C. Bar, 7-3161, Trial & Appellate Advocacy Mid-Year Meeting, Section Seminar;
05/02/97   S.C. Bar, 7-457, A State & Federal Practice & Procedure Update;
06/06/97   S.C. Bar, 7-1041, S.C. Civil Trial Techniques;
08/21/97   S.C. Court Administration, 7-1606, Judicial Conference;
01/24/98   S.C. Bar, 8-330H, Trial & Appellate Advocacy, Mid-Year Meeting;
03/09/98   S.C. Bar, 8-322, 1998 Winter Bridge the Gap;
08/20/98   S.C. Court Administration, 8-1477, Judicial Conference;
09/10/98   S.C. Bar, 8-777, Beyond Fundamentals, Session 6;
01/15/99   S.C. Bar, 990210, The Art of Advocacy;
03/08/99   S.C. Bar, 990723, Bridge the Gap;
08/19/99   S.C. Court Administration, 991579, Judicial Conference;
10/22/99   S.C. Bar, S.C. Appellate Court Bench/Bar;
11/19/99   S.C. Bar, Ninth Annual Presentation of Criminal Practice in S.C.;
12/10/99   S.C. Bar, Damages Litigation Strategies for Plaintiffs & Defendants;
01/01/00   Writing, 202340, Nuts & Bolts of S.C.;
02/25/00   S.C. Bar, 200503, Tips from the Bench;
03/08/00   S.C. Bar, 200702, Bridge the Gap;
05/24/00   S.C. Bar, 200506, Bridge the Cap;
06/16/00   S.C. Bar, 201339, "Alternative" Views from the Bench;
08/16/00   S.C. Court Administration, 201791, Annual Judicial Conference;
05/23/01   S.C. Bar, 210865, Bridge the Gap;
08/02/01   S.C. Trial Lawyers Assoc., 211546, Annual Convention, Torts & Negligence Seminar, "The Appellate Court: The Trial Lawyer's Armageddon!" and "Current Trends in Tort Law in S.C.;"
08/16/01   S.C. Bar, 212177 SD, Seminars Direct Videotape Distance Learning Pilot Program, "Ethics: Eschewal of Review by Commission on Lawyer Conduct;"
08/23/01   S.C. Court Administration, 211753, Judicial Conference;
09/07/01   S.C. Bar, 212440, Consumer Law;
01/25/02   S.C. Bar, 220134, 17th Annual Criminal Law Update;
08/22/02   S.C. Court Administration, 221777, Judicial Conference;
09/16/02   Writing, 222362, Civil Charges in S.C.;
10/11/02   S.C. Bar, 221494, Appellate Practice in S.C.;
11/08/02   S.C. Bar, 222538, 12th Annual Criminal Practice in S.C.
Judge Anderson reported that he has taught the following law-related courses:
08/84   New Judges Seminar, Criminal Sentencing;
02/85   New Judges Seminar, Conditions of Probation, Criminal Sentencing & Condemnation Law;
10/30/86   Bench/Bar Conference on Criminal Trial Advocacy, Batson v. Kentucky;
07/88     New Judges Seminar, Criminal Sentencing & Condemnation;
10/20/88   Eminent Domain (JCLE), Judicial Perspective (Panel Discussion);
11/04/88   Bench/Bar Conference on Criminal Law, Jury Instructions;
01/20/89   4th Annual Criminal Law Update, 1988 in Review (JCLE), A View From the Bench;
09/07/90   Legal Ethics & Lawyer Malpractice, Common Pleas Perspective;
10/19/90   Criminal Practice in S.C., Jury Instructions;
10/26/90   Civil Trial Advocacy, Bench/Bar Conference;
06/08/91   1991 Annual Meeting (Young Lawyers Division) Judicial Ethics;
09/27/91   Criminal Practice in S.C., Jury Instructions;
01/17/92   7th Annual Criminal Law Update, Observations From the Trial Bench;
06/19/92   1992 Annual Meeting (Young Lawyers Division), Update on Ethics & Trial Practice;
09/18/92   Criminal Practice in S.C., Jury Instructions;
10/23/92   Auto Insurance Update '92, Trial of an Auto Case;
12/11/92   Attorney's Fees, Circuit Court Practice;

Law Clerks & Staff Attorneys Annual Conference, Ethics & Pretrial Procedure, 1985-1992;
01/28/93   1993 Mid-Year Meeting, (Trial & Appellate Advocacy) Circumstantial Evidence;
10/08/93   S.C. Circuit Court Bench/Bar, 1993 Update Riding the Wave of Demonstrative Evidence: Admissibility of Computer-Generated Animations on Videotape;
12/17/93   Is Your Law Office Safe? Frivolous Proceedings Act and Rule 11;
02/01/94   S.C. Probate Judges Annual Seminar, S.C. Rules of Civil Procedure, Efficacy and Use in Probate Court;
03/05/94   N.C./S.C. Court Reporters Convention, Charlotte N.C., Duties and Responsibilities of Court Reporters in Circuit Court;
07/29/94   "Rules, Rules, Rules"-Civility in the Courtroom;
09/13/94   Law School for Non-Lawyers-Overview of the Court System;
10/21/94   The Secrets of Successful Civil Litigation, Hot Tips from the Experts (Moderator);
05/14/96   "Alternate Dispute Resolutions," S.C. Clerks of Court Convention, Myrtle Beach, S.C.;
06/07/96   Ethics-Judge's View, S.C. Bar Annual Meeting, Myrtle Beach, S.C.;
07/10/96   Trial Practice Tune-up, Florence-Darlington Technical College;

Bridge the Gap, Nuts & Bolts of Circuit Court;

1984-1996: Two Presentations Every Year;
10/02/96   1996 S.C. Solicitors' Conference, S.C. Rules of Evidence-"A Year in Review;"
01/25/97   1997 Mid-Year Meeting of S.C. Bar (Trial and Appellate Advocacy) "Habeas Corpus, Writs of Mandamus and Writs of Prohibition;"
03/12/97
& 05/21/97   Bridge the Gap-"Relations with Opposing Counsel and Others;"
05/02/97   Practice and Procedure in S.C. Seminar, S.C. Bar CLE Division, "Case Management and Disposition in the S.C. Court of Appeals;"
06/06/97   S.C. Civil Trial Techniques Seminar, S.C. Bar CLE Division, featuring "S.C. Civil Trial Techniques Handbook," Moderator and Instructor on "Expert Witnesses;"
12/19/97   "Ten Things You Need to Know," S.C. Bar, CLE Division, Instructor on "Appellate Practice;"
01/24/98   1998 Mid-Year Meeting of S.C. Bar, ("Litigation in the New Millenium") "Pre-Trial and Post-Trial Ethics and the Art of Advocacy;"
03/11/98   Bridge the Gap, "Relations with Opposing Counsel and Others;"
09/10/98   S.C. Bar, Trial Ethics;
01/15/99   The Art of Advocacy-The Legal Profession in the Twenty-first Century;
03/10/99
& 05/19/99   Bridge the Gap, "Relations with Opposing Counsel and Others;"
11/19/99   Ninth Annual Presentation of Criminal Practice in S.C.;
12/10/99   Damages Litigation Strategies for Plaintiffs & Defendants;
02/25/00   Tips from the Bench;
03/08/00
& 05/24/00   Bridge the Gap, "Relations with Opposing Counsel and Others;"
06/16/00   Alternative Views from the Bench Seminar;
09/21/00   The Effective (and Ethical) CPA/Lawyer Team at Trial;
11/10/00   Survey of Evidentiary Issues in S.C. Criminal Law-Tenth Annual Criminal Practice CLE;
03/14/01
& 05/23/01   Bridge the Gap, "Relations with Opposing Counsel and Others;"
08/03/01   S.C. Trial Lawyers Association 2001 Annual Convention, "The Appellate Court: The Trial Lawyer's Armageddon" & "Current Trends in Tort Law in S.C.;"
08/16/01   S.C. Bar Seminars Direct, Videotape Distance Learning Pilot Program "Ethics: Eschewal of Review by Commission on Lawyer Conduct;"
09/07/01   Nuts and Bolts of S.C. Consumer Law, "The Recovery of Attorney's Fees in State Court Consumer Cases;"
12/07/01   Eleventh Annual Criminal Law Practice in S.C., "Selected Evidentiary Issues in the Criminal Law Arena;"
12/14/01   Tips from the Bench II, "Appellate Practice;"
10/11/02   Appellate Practice in S.C., "Effective Advocacy Before the S.C. Court of Appeals;"
11/08/02   Twelfth Annual Criminal Practice in S.C., "Evidence;"
08/07/03   S.C. Bar Seminars Direct, Videotape Distance Learning Program, "Expert Witness: Edifying Panacea/Negativistic Bane."
Judge Anderson reported that he has published the following:
"Books:
1994   Nuts & Bolts of South Carolina Substantive and Procedural Law, First Edition, published by the Continuing Legal Education Division of the South Carolina Bar;
1997   South Carolina Civil Trial Techniques Handbook, published by the Continuing Legal Education Division of the South Carolina Bar. The Publication is available in book form, disk or CD-ROM;
1998   Nuts & Bolts of South Carolina Substantive and Procedural Law, Second Edition, published by the Continuing Legal Education Division of the South Carolina Bar. The publication is available in book form, disk or CD-ROM (Publication Number 585);
1998   South Carolina Criminal Trial Techniques Handbook, published by the Continuing Legal Education Division of the South Carolina Bar. The publication is available in book form, disk or CD-ROM;
2002   South Carolina Requests to Charge-Civil, published by the Continuing Legal Education Division of the South Carolina Bar. The publication is available in book form, disk or CD-ROM. (Publication Number 476).
Articles:

Summer 1996, "Avoiding Discovery Disputes," published in the South Carolina Trial Lawyer Bulletin.

In addition, I have written numerous papers for use at judicial/legal seminars."
(4)   Character:
The Commission's investigation of Judge Anderson did not reveal evidence of any founded grievances or criminal allegations made against him. The Commission's investigation of Judge Anderson did not indicate any evidence of a troubled financial status. Judge Anderson has handled his financial affairs responsibly.
The Commission also noted that Judge Anderson was punctual and attentive in his dealings with the Commission, and the Commission's investigation did not reveal any problems with his diligence and industry.
(5)   Reputation:
Judge Anderson reported that he has been on the bench for 25 years, and Martindale-Hubbell does not rate judges.
Judge Anderson reported that he was elected to the South Carolina House of Representatives from Florence County in November 1972 and served continuously until August 1979.
(6)   Physical Health:
Judge Anderson appears to be physically capable of performing the duties of the office he seeks.
(7)   Mental Stability:
Judge Anderson appears to be mentally capable of performing the duties of the office he seeks.
(8)   Experience:
Judge Anderson was admitted to the South Carolina Bar in 1959.
Judge Anderson provided the following account of his legal experience since graduation from law school:
" (a)   Practiced law in Columbia with Mr. R.K. Wise from July 17, 1959 until December 1, 1959;
(b)   Opened practice in Florence, South Carolina, in December 1959 through 1960;
(c)   Early part of 1960 to December of 1960, practiced law in Marion, South Carolina, under a share arrangement with Waddell Byrd;
(d)   In December 1960, became employed with the firm of Yarborough, Parrott and Anderson and remained until September of 1979;
(e)   Sworn in as Circuit Court judge in September of 1979, serving continuously until elected to the South Carolina Court of Appeals on February 14, 1996;
(f)   Sworn in as South Carolina Court of Appeals Judge, Seat Nine, on March 15, 1996, serving continuously until present date."
Judge Anderson provided the following list of his significant orders or opinions:
" (a)   State v. Follin, 352 S.C. 235, 573 S.E.2d 812 (Ct. App. 2002), certiorari denied, May 30, 2003;
(b)   Pond Place Partners, Inc. v. Poole, 351 S.C. 1, 567 S.E.2d 881 (Ct. App. 2002), certiorari denied, June 12, 2003;
(c)   Muir v. C.R. Bard, Inc., 336 S.C. 266, 519 S.E.2d 583 (Ct. App. 1999), certiorari denied, March 10, 2000;
(d)   Gibson v. Spartanburg School District #3, 338 S.C. 510, 526 S.E.2d 725 (Ct. App. 2000), certiorari denied, June 7, 2001;
(e)   Gray v. Club Group, Ltd., 339 S.C. 173, 528 S.E.2d 435 (Ct. App. 2000), certiorari denied, December 11, 2000."
Judge Anderson reported the following regarding prior judgeships:
"Elected as a Circuit Court Judge, beginning service on September 14, 1979, serving continuously until March 15, 1996. The Circuit Court jurisdiction is unlimited except by statutory and constitutional parameters.
Elected as Judge of the South Carolina Court of Appeals, Seat Nine, beginning service on March 15, 1996, and serving continuously until present. The Court of Appeals is limited by virtue of statutory and constitutional provisions. Generally, the Court of Appeals is vested with authority to hear all appellate matters except:

(A)   Any final judgment from the circuit court which includes a sentence of death;

(B)   Any final judgment from the circuit court setting public utility rates pursuant to Title 58 of the S.C. Code;

(C)   Any final judgment involving a challenge on state or federal grounds to the constitutionality of a state law or county or municipal ordinance where the principal issue is one of the constitutionality of the law or ordinance; provided, however, in any case where the Supreme Court finds that the constitutional issue raised is not a significant one, the Supreme Court may transfer the case to the Court of Appeals;

(D)   Any final judgment from the circuit court involving the authorization, issuance, or proposed issuance of general obligation debt, revenue, institutional, industrial, or hospital bonds of the State, its agencies, political subdivisions, public service districts, counties, and municipalities, or any other indebtedness now or hereafter authorized by Article X of the Constitution of this State;

(E)   Any final judgment from the circuit court pertaining to elections and election procedure;

(F)   Any order limiting an investigation by a State Grand Jury under S.C. Code Ann. Section 14-7-1630;

(G)   Any order of the family court relating to an abortion by a minor under S.C. Code Ann. Section 44-41-33."
Judge Anderson reported the following regarding unsuccessful candidacies:
"Was defeated as a candidate for South Carolina House of Representatives in 1962 by an overwhelming vote and in 1970 by less than two hundred (200) votes. Two unsuccessful races for the South Carolina Supreme Court."
(9)   Judicial Temperament:
The Commission believes that Judge Anderson's temperament has been and would continue to be excellent.
(10)   Miscellaneous:
The Pee Dee Citizens Committee found Judge Anderson qualified for re-election to the South Carolina Court of Appeals. The Committee recommended Judge Anderson without reservation.
Judge Anderson is married to Loretta Lynch Anderson. He has two children.
Judge Anderson reported that he was a member of the following bar associations and professional associations:
"(a)   South Carolina Bar Association;
(b)   South Carolina Inn of Court;
(c)   South Carolina Law Institute."
Judge Anderson further reported that he was the recipient of the South Carolina Trial Lawyers Association Portrait and Scholarship Fund in 1993, and he was honored by the Florence County Bar with a Public Service Award.
The Judicial Merit Selection Commission found Judge Anderson qualified and nominated him for re-election to the Court of Appeals.

Family Court for the Ninth Judicial Circuit, Seat 3
Commission's Findings:   QUALIFIED AND NOMINATED
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Judy Cone Bridges meets the qualifications prescribed by law for judicial service as a Family Court judge.
Judge Bridges was born on March 30, 1945. She is 58 years old and a resident of Charleston, South Carolina. Judge Bridges 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 Bridges.
Judge Bridges 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 Bridges reported that she has made less than $100 in campaign expenditures for paper, postage and typing of application forms.
Judge Bridges testified she has not:
(a)   sought or received the pledge of any legislator prior to screening;
(b)   sought or been offered a conditional pledge of support by a legislator;
(c)   asked third persons to contact members of the General Assembly prior to screening.
Judge Bridges testified that she is aware of the Commission's 48-hour rule regarding the formal and informal release of the screening report.
(3)   Professional and Academic Ability:
The Commission found Judge Bridges to be intelligent and knowledgeable. Her performance on the Commission's practice and procedure questions met expectations.
Judge Bridges described her continuing legal or judicial education during the past five years as follows:
"Family Law Midyear Meeting     01/23/98;
Family Court Judges Conference   05/21/98;
Family Court Bench/Bar       11/06/98;
Family Law Section-Midyear     01/22/99;
S.C. Bar Foundation/Children's Com.   11/06/99;
Family Court Bench/Bar       12/03/99;
Family Law Section       01/21/00;
Family Law Section       06/17/00;
SCTLA Convention         08/03/00;
Annual Judicial Conference     08/16/00;
S.C. Bar - Family Law Section     01/26/01;
S.C. Bar - Family Court Bench/Bar   12/07/01;
Family Court Judges Conference   01/05/02;
S.C. Bar Family Law Section I     01/25/02;
S.C. Bar Family Law Section II     01/25/02;
SCTLA 2002 Annual Conference   08/01/02;
SCCA Judicial Conference     08/22/02;
S.C. Bench/Bar Judicial Conference   12/06/02."
Judge Bridges reported the following regarding law-related courses she has taught:
" (a)   November 5, 1993, Panel member, 'Serving the Best Interests of Children;'

(S.C. Bar CLE)(One of three judges for Questions and Comments Segment of Seminar);
(b)   March 18, 1995, Speaker, 'Women of Achievement Awards Luncheon' (Governor's Office, Commission on Women) (Speech focusing on making your dreams come true, i.e., never give up);
(c)   January 14, 1995, Speaker, 'Task Force on Justice' (S.C. Bar CLE Seminar) (Family Court issues speech);
(d)   May 5, 1995, Moderator, 'Representing Children In Family Court' Seminar. (S.C. Bar);
(e)   August 10, 1995, Speaker, S.C. Trial Lawyers Convention (SCTLA) (Speech based on researching attorneys state-wide on 'Have You Felt that the Practice of Law Isn't Fun Any More?');
(f)   October 18, 1995, Speaker, 'Children at Risk, from the Family Court Perspective' (League of Women Voters of the Charleston Area);

(Speech Re: Identify Problems and Solutions for at risk children from a Family Court Perspective);
(g)   October 20, 1995, Speaker, Bench/Bar Luncheon meeting (Charleston County Bar) (Update of August 10, 1995 speech);
(h)   January 3, 1997, Speaker, Seminar For Chief Judges for Administrative Process of the Family Courts ('Scheduling Complex Cases' guidelines for Chief Administrative Judges);
(i)   April 25, 2002, Awarded Jean Bissell award and addressed those in attendance."
(4)   Character:
The Commission's investigation of Judge Bridges did not reveal evidence of any founded grievances or criminal allegations made against her. The Commission's investigation of Judge Bridges did not indicate any evidence of a troubled financial status. Judge Bridges has handled her financial affairs responsibly.
The Commission also noted that Judge Bridges 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 Bridges reported that she was not rated by Martindale-Hubbell.
(6)   Physical Health:
Judge Bridges appears to be physically capable of performing the duties of the office she seeks.
(7)   Mental Stability:
Judge Bridges appears to be mentally capable of performing the duties of the office she seeks.
(8)   Experience:
Judge Bridges was admitted to the South Carolina Bar in 1977.
Judge Bridges provided the following account of her legal experience since graduation from law school;
"I graduated from the University of South Carolina Law School in December 1976, and I was admitted to the South Carolina Bar in May 1977. In September 1977, I was an Associate of Leonard Krawcheck Law Office, engaged in the general practice of law. We represented Seabrook Island Company in real estate transactions and acted as general counsel. Real estate, contracts, and domestic law were the areas in which I specialized. From October 1977 to October 1978, I also represented the City of Charleston as Assistant Corporation Council with the responsibility of prosecuting criminal cases in the tort claims, government contracts, zoning issues and tax matters. From October 1978 to February 1983, I served as Associate Municipal Court Judge for the City of Charleston. In February 1983, I was elected as Family Court Judge for the Ninth Judicial Circuit, Seat #3. In February 1984, I was re-elected as Family Court Judge for the Ninth Judicial Circuit, Seat #3, re-elected 1988, re-elected in 1992, re-elected in 1998, and have served continuously since."
Regarding prior judicial service, Judge Bridges reported "I served as Associate Municipal Court Judge for the City of Charleston from 1978 to 1983. The position is appointed by the Mayor upon consent from City Council. The Court has a limited jurisdiction of $200.00 or thirty days in the county jail, and involves criminal cases only. Also, I was elected as Family Court Judge of the Ninth Judicial Circuit in February 1983, re-elected in February 1984, was re-elected in 1988, was re-elected in 1992, was re-elected in 1998, and have served continuously since. Jurisdiction is limited to domestic and juvenile criminal actions."
Judge Bridges provided the following list of her most significant orders and opinions:
"(a)   98-DR-10-0686, Wade M. Jenkins v. Janna Grooms Watkins Jenkins, Opinion No. 3331;
(b)   98-DR-10-4799, Edith L. Walsh v. David A. Walsh;
(c)   01-DR-10-5194, Robert M. Bunch, III. v. Caroline H. Bunch;
(d)   99-JU-10-2664, 2666,2667 and 00-JU-10-0066, State v. Raymond Tute in (Waiver Hearing);
(e)   511 S.E.2d 60, Sonya Lynn Pitts v. Brian Todd Olds, Op. No. 24880 Op. No. 2692."
(9)   Judicial Temperament:
The Commission believes that Judge Bridges' temperament has been and would continue to be excellent.
(10)   Miscellaneous:
The Lowcountry Citizens Committee reported that Judge Bridges met the evaluative criteria established by the Judicial Merit Selection Commission and was qualified for re-election as a Family Court judge.
Judge Bridges is widowed. She has one child.
Judge Bridges reported that she was a member of the following bar associations and professional associations:
" (a)   Charleston County Bar:

Executive Committee, 1980; Family Law Committee, 1982.
(b)   South Carolina Bar:

Family Law Section Secretary, 1981-1983;

Family Law Sub-Committee of Practice and Procedure committee, 1981-1983;

Practice and Procedure Committee, 1981-1983;

Young Lawyers Executive Committee and District Representative, 1981;

Task Force on Justice For All, 1994-Present.
(c)   South Carolina Trial Lawyers Association:

Family Law Section Co-Chairman, 1981-1983;
(d)   South Carolina Family Court Judges Association:

Secretary-Treasurer, 1993; Vice President, 1994; President, 1995;
(e)   South Carolina Supreme Court Joint Commission on Alternative Dispute Resolution:

Family Court Mediation Committee."
Judge Bridges reported that she was a member of the following civic, charitable, educational, social, or fraternal organizations:
" (a)   Winthrop College Board of Visitors;
(b)   Grace Episcopal Church, Lay Eucharistic Minister;
(c)   Grace Episcopal Church, Alter/Flower Guild;
(d)   Grace Episcopal Church, Chalice Bearer;
(e)   Grace Episcopal Church, Building and Grounds committee for Memorial Garden;
(f)   Grace Episcopal Church, Member of the Vestry;
(g)   Church participant in operation of Charleston Interfaith Crisis Ministry;
(h)   Participant in Preservation Tours in historic Charleston;
(i)   Charleston Civic Forum on Families;
(j)   The Garden Club of Charleston;
(k)   The Gibbs Museum of Art;
(l)   Charleston County Committee for New Judicial Center;
(m)   Sewanee College Parents Counsel Member;
(n)   Certificate of Appreciation recipient, U.S. Department of Justice, National Institute of Justice. (Honor only, not a member)."
The Commission found Judge Bridges qualified and nominated her for re-election to the Family Court bench.

Family Court for the Thirteenth Judicial Circuit, Seat 6
Commission's Findings:   QUALIFIED AND NOMINATED

Pursuant to S.C. Code Ann. Section 2-19-40, the Commission waived the public hearing for Judge Brown since his candidacy for re-election was uncontested and no complaints were received.
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Timothy L. Brown meets the qualifications prescribed by law for judicial service as a Family Court judge.
Judge Brown was born on September 17, 1946. He is 57 years old and a resident of Greenville, South Carolina. Judge Brown provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1976.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge Brown.
Judge Brown demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.
Judge Brown reported that he has not made any campaign expenditures.
Judge Brown testified he has not:
(a)   sought or received the pledge of any legislator prior to screening;
(b)   sought or been offered a conditional pledge of support by a legislator;
(c)   asked third persons to contact members of the General Assembly prior to screening.
Judge Brown testified that he is aware of the Commission's 48-hour rule regarding the formal and informal release of the screening report.
(3)   Professional and Academic Ability:
The Commission found Judge Brown to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.
Judge Brown described his continuing legal or judicial education during the past five years as follows:
"06/29/98   SCCA Orientation School for New Family Court Judges;
08/13/98   1998 Annual Convention;
08/20/98   Judicial Conference;
01/22/99   S.C. Bar, Family Law Section Mid-year Meeting;
01/23/99   S.C. Bar, Solo & Small Firm Practitioners Section, Business Valuation Seminar, Mid-year Meeting;
05/19/99   Family Court Judges Conference;
08/05/99   SCTLA, 1999 Annual Convention;
08/19/99   SCCA, Judicial Conference;
01/21/00   S.C. Bar, Family Law Section;
08/16/00   SCCA, Annual Judicial Conference;
05/03/00   Family Court Judges Conference;
08/03/00   SCTLA 2000 Convention;
09/11/00 through 09/15/00   Advanced Evidence, National Judicial College, Reno, NV;
01/26/01   S.C. Bar, Family Law Section;
05/03/01   SCCA, 2001 Family Court Judges Conference;
08/23/01   SCCA, Judicial Conference;
12/07/01   S.C. Bar, Family Court Bench/Bar;
12/14/01   S.C. Bar, Tips from the Bench;
01/25/02   S.C. Bar, Family Law Section II, Taxes;
05/01/02   Family Court Judges Conference;
08/01/02   SCTLA, 2002 Annual Convention;
08/22/02   SCCA Judicial Conference;
12/06/02   S.C. Bar, Family Court Bench/Bar;
12/13/02   S.C. Bar, Tips from the Bench III."
Judge Brown reported that he has taught the following law-related courses:
" (a)   1998 Family Court Bench/Bar Update, 11/6/1998

Topic: Enforceability of Agreements between Spouses;
(b)   2000 Family Court Bench/Bar, 12/01/2000

Topic: Abuse and Neglect Cases: Out of Court Statements by Children;
(c)   2001 Tips From the Bench II, 12/14/2001

Topic: Divorce/Separation Proceedings;
(d)   2002 Tips From the Bench III, 12/13/2002;

Topic: Custody and Termination of Parental Rights;
(e)   Children's Law Office, oral lectures, various topics;
(f)   Lectures during Guardian ad Litem training, Law & Procedure."
Judge Brown reported that he published an Editorial Opinion in the National Judicial College "Case In Point" Winter/Spring 2002 Edition, The Ukraine Free Enterprise Business and Law: A Judge's Perspective, as well as materials relating to CLE courses listed above.
(4)   Character:
The Commission's investigation of Judge Brown did not reveal evidence of any founded grievances or criminal allegations made against him. The Commission's investigation of Judge Brown did not indicate any evidence of a troubled financial status. Judge Brown has handled his financial affairs responsibly.
The Commission also noted that Judge Brown was punctual and attentive in his dealings with the Commission, and the Commission's investigation did not reveal any problems with his diligence and industry.
(5)   Reputation:
Judge Brown reported that he was not rated by Martindale-Hubbell.
Judge Brown reported the following regarding military experience:
"USMC Sgt.; Honorable Discharge."
(6)   Physical Health:
Judge Brown appears to be physically capable of performing the duties of the office he seeks.
(7)   Mental Stability:
Judge Brown appears to be mentally capable of performing the duties of the office he seeks.
(8)   Experience:
Judge Brown was admitted to the South Carolina Bar in 1976.
Judge Brown gave the following account of his legal experience since graduation from law school:
"1976:     Legal Services;
1979:       Private Practice: General Practice of law with emphasis on family law;
1998:     Family Court Judge, Seat No. 6, 13th Judicial Circuit."
Judge Brown provided the following list of his significant orders:
"(a)   Olin Thomas v. Janel Thomas, Case No. 98-DR-36-0388;
(b)   Gerald Lee Culler v. Elizabeth Joy Board, Bruce Evans Board and John and Jane Doe, Case No. 99-DR-39-1235 & 99-DR-39-1264;
(c)   Larry Lee Davis v. Lynne S. Venesky f/k/a Lynne S. Davis, Case No. 98-DR-23-5491;
(d)   Ian Morton v. Diane C. Morton, Case No. 03-DR-23-1106;
(e)   Joyce B. Borders v. Ford H. Borders, Case No. 01-DR-23-2942;
(f)   Thomas 'Tony' Bagwell & Tammy Bagwell v. Tracy D. Bagwell, Steven Jefferson, Mary Bagwell, Case No. 01-DR-23-4611."
Judge Brown reported that he has had no other employment during his service as a judge, and has never been an unsuccessful candidate for elective, judicial, or other public office.
(9)   Judicial Temperament:
The Commission believes that Judge Brown's temperament has been and would continue to be excellent.
(10)   Miscellaneous:
The Upstate Citizens Committee reported that Judge Brown met the criteria established by the Judicial Merit Selection Commission and was qualified for re-election to the Family Court.
Judge Brown is married to Sharon J. Brown. He has two children.
Judge Brown reported that he was a member of the following bar associations and professional associations:
"(a)   South Carolina Bar Association."
Judge Brown provided that he was a member of the following civic, charitable, educational, social, or fraternal organizations:

" (a)   Masons-no office held;

(b)   Shriners -no office held;

(c)   Rotary -no office held."
The Commission found Judge Brown qualified and nominated him for re-election as a Family Court judge.

Family Court for the Seventh Judicial Circuit, Seat 3
Commission's Findings:   QUALIFIED AND NOMINATED

Pursuant to S.C. Code Ann. Section 2-19-40, the Commission waived the public hearing for Judge Brown since his candidacy for re-election was uncontested and no complaints were received.
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Wesley L. Brown meets the qualifications prescribed by law for judicial service as a Family Court judge.
Judge Brown was born on June 2, 1940. He is 63 years old and a resident of Gaffney, South Carolina. Judge Brown provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1967.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge Brown.
Judge Brown demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.
Judge Brown reported that he has not made any campaign expenditures.
Judge Brown testified he has not:
(a)   sought or received the pledge of any legislator prior to screening;
(b)   sought or been offered a conditional pledge of support by a legislator;
(c)   asked third persons to contact members of the General Assembly prior to screening.
Judge Brown testified that he is aware of the Commission's 48-hour rule regarding the formal and informal release of the screening report.
(3)   Professional and Academic Ability:
The Commission found Judge Brown to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.
Judge Brown described his continuing legal or judicial education during the past five years as follows:
"05/98   Family Court Judges Conference;
06/98     Orientation School for New Family Court Judges;
08/98     Judicial Conference;
11/98     Bench-Bar Family Court Seminar;
01/99     Family Court Section - Bar meeting
05/99     Family Court Judges Conference;
08/99     Judicial Conference;
12/99     Bench-Bar Family Court Seminar;
05/00     Family Court Judges Conference;
08/00     Judicial Conference;
12/00     Bench-Bar Family Court Seminar;
01/01     Family Law Section -Bar meeting;
05/01     Family Court Judges Conference;
08/01     Judicial Conference;
10/01     Lexis-Nexis training;
12/01     Bench-Bar Family Court Seminar;
01/02     Family Court Section - Bar meeting;
05/02     Family Court Judges Conference;
08/02     Judicial Conference;
12/02     Bench-Bar Family Court Seminar;
01/03     Family Law Section - Bar meeting;
04/03     Family Court Judges Conference;
08/03     Judicial Conference."
Judge Brown reported that he has annually met and exceeded mandatory JCLE requirements.
Judge Brown reported that he has not taught or lectured at any bar association conferences, educational institutions, or continuing legal or judicial education programs.
Judge Brown reported that he has published the following "S.C. Law Review" Articles:
" (a)   18 S.C.L.R. 513;
(b)   19 S.C.L.R. 116;
(c)   19 S.C.L.R. 681.*
*(only contributed to this Article together with other fellow students. See Forward, xi for explanation)."
(4)   Character:
The Commission's investigation of Judge Brown did not reveal evidence of any founded grievances or criminal allegations made against him. The Commission's investigation of Judge Brown did not indicate any evidence of a troubled financial status. Judge Brown has handled his financial affairs responsibly.
The Commission also noted that Judge Brown was punctual and attentive in his dealings with the Commission, and the Commission's investigation did not reveal any problems with his diligence and industry.
(5)   Reputation:
Judge Brown reported that his last available Martindale-Hubbell rating was "BV."
(6)   Physical Health:
Judge Brown appears to be physically capable of performing the duties of the office he seeks.
(7)   Mental Stability:
Judge Brown appears to be mentally capable of performing the duties of the office he seeks.
(8)   Experience:
Judge Brown was admitted to the South Carolina Bar in 1967.
Judge Brown provided the following account of his legal experience since graduation from law school:
"U.S. Patent Office, Washington, D.C.
(7/67-7/68) Employed as patent examiner;
Patent Department - Owens Corning Fiberglas Corporation, Toledo, Ohio
(7/68-8/69) Duties included documenting company technical developments and preparing patent applications; Saint-Amand & Thompson, Gaffney, S.C.
(9/69-9/70) Associate, general practice of law;
Saint-Amand, Thompson & Brown, Gaffney, S.C.
(9/70-6/12/98) Partner, general practice of law;
Family Court Judge, 7th Judicial Circuit, Seat #3
(6/15/98 until present) Elected on May 6, 1998 to fill unexpired term of Honorable Stuart H. Hall; began service on June 15, 1998 and re-elected in February, 1999 for term ending June 30, 2004."
Judge Brown provided the following list of his five most significant orders:
" (a)   Cecile Lee Hill v. Nancy Faye Hill, Court of Appeals unpublished opinion no. 2000-U.P. 178, filed March 8, 2000. Affirmed in part, reversed in part and modified in part;
(b)   Janice H. Engle v. George S. Engle, III, Court of Appeals, 343 S.C. 444, 539 S.E.2d 712 (December 11, 2000). Affirmed as modified;
(c)   Laura H. Rogers v. James P. Rogers, Court of Appeals unpublished opinion no. 2003-U.P.- 006, filed January 6, 2003. Affirmed;
(d)   Lynda L. Rogers v. Robert Lamar Rogers, Case No. 01-DR-11-506, JR 45,776, orders dated January 22, 2003 and June 5, 2003;
(e)   Melissa M. Poole v. William R. Poole, Case No. 01-DR-11-728, JR 44,014, orders dated November 8, 2002 and February 12, 2003.
The foregoing cases are cited primarily as typical cases."
(9)   Judicial Temperament:
The Commission believes that Judge Brown's temperament has been and would continue to be excellent.
(10)   Miscellaneous:
The Upstate Citizens Committee reported that Judge Brown met the evaluative criteria established by the Judicial Merit Selection Commission and was qualified for re-election to the Family Court.
Judge Brown is married to Charlotte P. Brown. He has two children.
Judge Brown reported that he was a member of the following bar associations and professional associations:
" (a)   South Carolina Bar;
(b)   Cherokee County Bar, Past President;
(c)   Formerly, a member of American Bar Association."
Judge Brown provided that he was formerly a member of Gaffney Kiwanis Club, past president.
Judge Brown additionally reported:
"Since 1967, I have acquired a broad range of legal experience. For approximately 28 years, I engaged in the general practice of law including areas of property, torts, criminal, contract, wills and estates, Social Security (disability claims), workers' compensation, corporate and domestic relations. During this period and as part of my general practice, I served as Cherokee County attorney for 18 years and as general counsel for Broad River Electric Cooperative, Inc. for 25 years. I also participated in several major non-judicial matters including but not limited to the sale of our County owned hospital and development of Cherokee Falls Hydro-Electric plant. I respectfully submit that this experience has been beneficial in helping me deal with Family Court issues.
After becoming a Family Court Judge, I have worked to improve our courtroom facilities and security. Initially, both were woefully inadequate. Due to the generosity of Cherokee County and assistance of our local Bar, our Family Court facilities and security have been dramatically improved as a result of major renovations, additional security personnel and installation of a security detector. This has been accomplished in the past two years and inures to the benefit and safety of all who come into the Family Court."
The Judicial Merit Selection Commission found Judge Brown qualified and nominated him for re-election to the Family Court bench.

Circuit Court for the Fourth Judicial Circuit, Seat 1
Commission's Findings:   QUALIFIED AND NOMINATED

Pursuant to S.C. Code Ann. Section 2-19-40, the Commission waived the public hearing for Judge Burch since his candidacy for re-election was uncontested and no complaints were received.
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Paul M. Burch meets the qualifications prescribed by law for judicial service as a Circuit Court judge.
Judge Burch was born on February 10, 1954. He is 49 years old and a resident of Pageland, South Carolina. Judge Burch provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1980.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge Burch.
Judge Burch 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 Burch reported that he has not made any campaign expenditures.
Judge Burch 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 Burch 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 Burch to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.
Judge Burch described his continuing legal or judicial education during the past five years as follows:
"January 1998   Seminar of Circuit and Family Court Judges for Administrative Purposes;
August 1998   South Carolina Trial Lawyers Annual Convention;
August 1998   Annual Judicial Conference;
January 1999   14th Annual Criminal Update;
May 1999     Circuit Judges Annual;
August 1999   South Carolina Trial Lawyers Annual Convention;
August 1999   Annual Judicial Conference;
January 2000   15th Annual Criminal Update;
May 2000     Circuit Judges Annual;
August 2000   South Carolina Trial Lawyers Annual Convention;
August 2000   Annual Judicial Conference;
January 2001   16th Annual Criminal Update;
May 2001     Circuit Judges Annual;
August 2001   Annual Judicial Conference;
January 2002   17th Annual Criminal Law Update;
May 2002     Circuit Judges Annual;
August 2002   South Carolina Trial Lawyers Annual Convention;
August 2002   Annual Judicial Conference."
Judge Burch reported that he has taught the following law-related courses:
"I have served on judicial panels on several occasions at the S.C. Solicitors Conference and the S.C. Defense Attorney's Conventions."
Judge Burch reported that he has not published any books or articles.
(4)   Character:
The Commission's investigation of Judge Burch did not reveal evidence of any founded grievances or criminal allegations made against him. The Commission's investigation of Judge Burch did not indicate any evidence of a troubled financial status. Judge Burch has handled his financial affairs responsibly.
The Commission also noted that Judge Burch was punctual and attentive in his dealings with the Commission, and the Commission's investigation did not reveal any problems with his diligence and industry.
(5)   Reputation:
Judge Burch reported that he was not rated by Martindale-Hubbell.
Judge Burch reports that he has held the following public offices:
" (a)   Chesterfield County Council 1983-1987;
(b)   S.C. House of Representatives 1989-1991."
(6)   Physical Health:
Judge Burch appears to be physically capable of performing the duties of the office He seeks.
(7)   Mental Stability:
Judge Burch appears to be mentally capable of performing the duties of the office he seeks.
(8)   Experience:
Judge Burch was admitted to the South Carolina Bar in 1980.
Judge Burch provided the following account of his legal experience since graduation from law school:
"1980-1991:   Paul M. Burch, Attorney at Law, Sole Practice;
1991:Full Partner in the firm of Henderson, Spencer & Burch;
1991 to present:   Resident Circuit Court Judge for the Fourth Judicial Circuit."
Judge Burch provided the following list of his five most significant orders:
"(a)   Carolina Power & Light Company v. The City of Bennettsville and Marlboro Electric Cooperative, Inc., 314 S.C. 137, 442 S.E.2d 177 (1994) (affirmed by Supreme Court);
(b)   Chip Knoke, as Personal Representative of the Estate of Jeremy Ryan Knoke v. The South Carolina Department of Parks, Recreation and Tourism, S.C. 478 S.E.2d 256 (1996) (affirmed by Supreme Court);
(c)   Darlington County School District v. Cedric Washington;
(d)   State of South Carolina v. Warren Douglas Manning;
(e)   Glenn P. Tallent and Christopher C. King v. Solid Waster Recycling Disposal User Fee Appeals Board of the County of Chester County, Chester County Council, Treasurer of Chester County, and Chester County Tax Assessor, individually, and in their official capacity."
Judge Burch reported that he has had no other employment during his time as a judge and he has never been an unsuccessful candidate for elective, judicial, or other public office.
(9)   Judicial Temperament:
The Commission believes that Judge Burch's temperament has been and would continue to be excellent.
(10)   Miscellaneous:
The Pee Dee Citizens Committee found Judge Burch to be qualified for re-election to the circuit court bench and recommended him without reservation.
Judge Burch is married to Kimberly Thomas Burch. He has three children.
Judge Burch reported that he was a member of the following bar associations and professional associations:
"(a)   Chesterfield County Bar Association;
(b)   South Carolina Bar."
Judge Burch provided that he was a member of the following civic, charitable, educational, social, or fraternal organizations:
"(a)   Pageland Methodist Church;
(b)   Pageland Volunteer Fire Department;
(c)   Mt. Moriah Masonic Lodge #58."
The Judicial Merit Selection Commission found Judge Burch qualified and nominated him for re-election to the Circuit Court bench.

Family Court for the Tenth Judicial Circuit, Seat 2
Commission's Findings:   QUALIFIED AND NOMINATED

Pursuant to S.C. Code Ann. Section 2-19-40, the Commission waived the public hearing for Judge Cain since his candidacy for re-election was uncontested and no complaints were received.
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Timothy M. Cain meets the qualifications prescribed by law for judicial service as a Family Court judge.
Judge Cain was born on January 19, 1961. He is 42 years old and a resident of Walhalla, South Carolina. Judge Cain provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1986.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge Cain.
Judge Cain 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 Cain reported that he has not made any campaign expenditures.
Judge Cain 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 Cain 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 Cain to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.
Judge Cain described his continuing legal or judicial education during the past five years as follows:
"1998:

10/07   Lawyers Title Ins. Company Underwriting Seminar;

11/06     S.C. Bar Family Court Bench/Bar;

12/04     SCTLA Auto Torts XXI;
1999:

06/25     USCCSW, DSS Legal Training;

08/05     S.C. Assn. of County, Sexual Harassment Law Update;

08/06     Attorneys, County Government Financing; Rules of Order; Petition/Initiative Referendum; Federal Law Update; TIF Litigation/Economic Development Update; Reassessment;

09/24     S.C. Bar Hot Tips from the Best Domestic Law;

12/03-12/09   SCTLA Auto Torts XXII;
2000:

05/03     Family Court Judges Conference;

07/10     SCCA 2000 Orientation School for New Judges;

08/16     SCCA Annual Judicial Conference;

09/15     S.C. Bar A View of Ethics from the Bench;

12/01     S.C. Bar Family Court Bench Bar;
2001:

01/26     S.C. Bar Family Law;

05/03     SCCA Family Court Judges Conference;

08/23     SCCA Annual Judicial Conference;

12/07     S.C. Bar Family Court Bench/Bar;
2002:

01/25S.C. Bar Family Law Section II-Taxes; S.C. Bar Conference;

05/01     Family Court Judges Conference;

08/01     SCTLA Family Law-SCTLA Conference;

08/22     SCCA Annual Judicial Conference;

12/06     S.C. Bar Family Court Bench/Bar;
2003:

01/24     S.C. Bar Family Law-Part II;

04/30     Family Court Judges Conference;

08/20-

08/22     SCCA Annual Judicial Conference."
Judge Cain reported that he has taught the following law-related courses:
"In January 1997, I assisted in the presentation of an Ethics Program for the Oconee Bar entitled 'The Case of the Silent Alarm-A Study in Professionalism.' The program was based on a seminar approved by the Georgia State Bar. I was one of the moderators for this program and provided proof of compliance to the S.C. Commission on Continuing Legal Education and Specialization on behalf of the Bar.
In September 2000, I participated as a lecturer in a continuing legal education seminar at Clemson University. My topic was 'A View of Ethics from the Bench.'
I have attended several meetings of the Anderson and Oconee County Bar Associations to discuss rules of practice and procedure in the Family Court."
Judge Cain reported that he has not published any books or articles.
(4)   Character:
The Commission's investigation of Judge Cain did not reveal evidence of any founded grievances or criminal allegations made against him. The Commission's investigation of Judge Cain did not indicate any evidence of a troubled financial status. Judge Cain has handled his financial affairs responsibly.
The Commission also noted that Judge Cain was punctual and attentive in his dealings with the Commission, and the Commission's investigation did not reveal any problems with his diligence and industry.
(5)   Reputation:
Judge Cain reported that his last available Martindale-Hubbell rating was "BV."
Judge Cain reported regarding public offices he had held:
"I was appointed as County Attorney for Oconee County in April 1992, and represented Oconee County until my election to the Bench. I have also previously represented the City of Walhalla in various matters from November 1986 through June 1988, and the City of Westminster and the Town of Central in various matters from January 1990 through 1994, when my law partners were the City Attorneys for these municipalities. I have also acted as special counsel to the City of Seneca in certain matters in 1998 and 1999."
(6)   Physical Health:
Judge Cain appears to be physically capable of performing the duties of the office he seeks.
(7)   Mental Stability:
Judge Cain appears to be mentally capable of performing the duties of the office he seeks.
(8)   Experience:
Judge Cain was admitted to the South Carolina Bar in 1986.
Judge Cain reported the following account of his legal experience since graduation from law school:
"After graduation from law school, I engaged in the general practice of law, including practice in the areas of criminal law, family law, real estate, corporations and partnerships, wills and estates, personal injury, workers compensation, social security disability, and government and administrative law.
During the first two years, while working with the Law Firm of Miley & Macaulay, my practice primarily involved trial work in the areas of domestic relations, criminal law and personal injury, as well as an office practice which included real estate and wills. During this time, I was fortunate to work closely with and learn from an experienced attorney who had been in practice for several years. While working with this Firm, I also became a part-time Assistant Public Defender for Oconee County for approximately one (1) year during 1987, and was responsible for representing all juveniles charged with crimes and offenses in Family Court who were not represented by private counsel. During this time, I represented juveniles in Family Court charged with a variety of offenses ranging from criminal sexual conduct, assault and battery, malicious damage to property as well as status offenses. I was also responsible for representing defendants in General Sessions Court. My work with juveniles included representation at each stage of the legal process, including intake interviews, pre-trial conferences and court appearances, including trials in Family Court.
In January 1988, while still working with Miley & Macaulay, I was offered a position as a part-time Assistant Solicitor for the Tenth Judicial Circuit (Oconee and Anderson Counties). My primary responsibility in this position was to represent the Oconee County Department of Social Services in child abuse and neglect proceedings in Family Court, as well as in Adult Protective Services cases in the Family Court. At that time, all such matters were handled by the Solicitor's Office.
In July 1988, I accepted a full-time position as Assistant Solicitor and served in this capacity until December 1989. During my two (2) years as an Assistant Solicitor, I prosecuted numerous child abuse and neglect cases in the Family Court and Court of General Sessions and handled cases through each stage of the legal process and worked with various agencies involved in these proceedings. These agencies included law enforcement, the Guardian ad Litem Program, Department of Mental Health, Department of Juvenile Justice, Victim-Witness Assistance Program, school officials, as well as numerous professionals such as physicians, psychologists, therapists and others involved in the process.
Cases I handled in the Family Court included physical abuse, sexual abuse, physical neglect, educational neglect and mental injury. I also represented the Department in several adult protective services cases brought before the Family Court involving elderly clients and persons with special needs and prosecuted juvenile cases in Family Court.
During my time as Assistant Solicitor, I also prosecuted cases, including abuse and neglect cases, in the Court of General Sessions and tried cases in Anderson and Oconee Counties. I prosecuted many types of cases, including cases involving homicide, assault and battery with intent to kill, burglary and other cases involving crimes against persons and property. In General Sessions cases, I have represented the State of South Carolina at each stage of the legal process, including bail hearings, preliminary hearings, motion hearings, and trials. I have also represented the State in civil forfeiture proceedings.
In 1990, I joined the Law Firm of Brandt and Fedder, with offices in Walhalla and Seneca. My primary office was located in Seneca, and I practiced at that location from January 1990 to April 14, 2000. In 1991, this firm became Brandt, Fedder, Graham & Cain. When I went back into private practice in January 1990, my primary areas of practice included domestic relations, criminal law and real estate law. I also assisted in representing several governmental entities which were clients of the firm, including Oconee County and two municipalities.
In late 1992, Mr. W.J. Fedder, who had been in practice since 1956, and whose primary areas of practice included estate planning, corporations, partnerships and other business formations, real estate, and workers compensation, expressed a desire to limit his practice. As a result, and in an effort to maintain these areas of practice and the client base of the firm, I began to devote more attention to these areas of law. Again, I was very fortunate to have the opportunity to work with other attorneys with a wide variety and depth of legal experience.
In 1992, I was also appointed as County Attorney for Oconee County after the resignation of Larry C. Brandt from this position, and I served as County Attorney until April 2000.
In 1993, after the dissolution of the Firm of Brandt, Fedder, Graham & Cain, I formed my own Professional Association, Timothy M. Cain, P.A., and practiced under the style and name of Fedder and Cain, with Mr. Fedder acting in an 'of counsel' position with the firm. At that time, Mr. Lindsey O. Graham moved to the Seneca location where we had an office-sharing arrangement and were associated until the time he left the practice of law to join the United States Congress.
In January 1996, I along with attorneys Bradley A. Norton and Karen F. Ballenger formed the Law Firm of Ballenger, Fedder, Cain & Norton, L.L.P., with offices in Walhalla and Seneca. Mr. Fedder and William H. Ballenger were 'of counsel' to the firm. Mr. Norton primarily worked with me in the Seneca office, and in July 1998, upon the dissolution of that firm, we formed the firm of Fedder, Cain & Norton, L.L.P.
While in practice, I had the opportunity to handle many types of matters in the Family Court. These included divorce cases for Plaintiffs and Defendants on the grounds of adultery, physical cruelty, habitual drunkenness or dependence on drugs and/or alcohol, and one year's continuous separation, as well as many actions for separate maintenance. These cases have often involved issues of child custody, adoption, visitation, child support, equitable division of property and alimony. Cases involving equitable division of property have included the valuation and division of real property, tangible personal property and intangible personal property, including securities, stock and pension plans and interests in closely held corporations. I also handled many adoptions and was court appointed many times as Guardian ad Litem in many cases involving child custody. In addition, I have been appointed to act as attorney for the Guardian ad Litem in abuse and neglect proceedings in Family Court and have also represented Defendants in abuse and neglect proceedings in the Family Court in actions initiated by the Department of Social Services.
Subsequent to my departure from the Solicitor's Office, the Oconee County Department of Social Services began to employ the services of contract attorneys to represent DSS in child abuse and neglect matters as well as adult protective services. In December 1998, I was asked to serve as a backup attorney for the primary contract attorney for DSS. In this capacity, I represented DSS in several actions, including temporary hearings, merits hearings and termination of parental rights proceedings.
As for my civil practice, I handled cases in Magistrate's Court and the Court of Common Pleas, in both jury and non-jury matters, and have appeared before the Master-in-Equity. I handled cases involving personal injury, property damage, automobile accidents, slip and fall, trip and fall, mechanics liens, contract disputes, boundary line disputes, right-of-ways and easements, condemnations, mortgage foreclosures, and have handled matters in the Probate Court involving actions for the appointment of conservators, guardians and disputes concerning the validity of testamentary documents and the administration of estates. I have represented clients in four medical malpractice cases, one of which involved a claim against the United States Army. I have also handled workers compensation and Social Security disability cases.
While most of my civil practice involved representing Plaintiffs, I have also represented Defendants in cases involving automobile accidents, workers compensation claims, mechanics liens, contract disputes, boundary disputes, and have represented local governmental entities in several lawsuits involving various matters. I have also represented landowners as well as governmental entities in condemnation trials.
I feel that my experience in handling many types of cases in the Family Court, as well as my work in criminal law and general civil practice, which has included the formation and valuation of business entities such as corporations, partnerships, and limited liability companies, as well as my experience in real estate matters, has assisted me in my work as a Family Court Judge. Often, a Family Court Judge is required to make decisions concerning valuations and equitable divisions of these types of business interests, and some understanding of these types of business entities and the methods of formation and valuation is helpful.
As my practice developed over time, I had the opportunity to represent people from all walks of life in a variety of types of cases. Additionally, I understand the everyday challenges that members of the Bar face as they try to represent their clients in a competent and professional manner while trying to earn a living practicing law.
Since April 2000, I have served as a Family Court Judge. As a Family Court Judge, I have heard and decided cases involving divorce on all grounds, child custody, the Uniform Child Custody Jurisdiction Act, visitation, child support, alimony, common law marriage, child abuse/neglect, protection of vulnerable adults, separate maintenance and support, juvenile delinquency, contempt, adoption, equitable division of property and debt, attorney's fees and other matters."
Judge Cain provided the following list of significant orders or opinions:
"(a)   James Allen Eckstein v. Constance O. Eckstein, Case No. 99-DR-42-4914. Order signed June 30, 2000. This case involved a determination of jurisdiction pursuant to the Uniform Child Custody Jurisdiction Act. A finding was needed as to whether the State of South Carolina or the State of Oklahoma had jurisdiction to hear and determine a child custody matter;
(b)   Reynold Hartman v. Angel Nicole Tupper-Atkinson Burdette, Case No. 2000-DR-37-527. Filed May 17, 2002. This case involved a five-day trial relating to the issues of child custody, visitation, support and contempt. The case included testimony by expert witnesses and evidentiary matters relating thereto;
(c)   Katrina M. Davis v. James Lawrence Davis, Case No. 2000-DR-37-63. This action involved a three-day trial involving the issues of child custody, visitation, child support, attorney's fees and contempt;
(d)   James Lee Roddy v. Frances L. Cleveland, Unpublished Opinion No. 03-UP-117. Filed February 13, 2003. This case involved an action for termination/reduction of alimony;
(e)   Samantha Lee Crooks v. Richard Widmark Crooks, Unpublished Opinion No. 2003-UP-447. Filed July 1, 2003. This action involved equitable distribution of property and debt of the marriage of the parties."
(9)   Judicial Temperament:
The Commission believes that Judge Cain's temperament has been and would continue to be excellent.
(10)   Miscellaneous:
The Upstate Citizens Committee reported that Judge Cain met the evaluative criteria established by the Judicial Merit Selection Commission and was qualified for re-election as a Family Court judge.
Judge Cain is married to Peggy Renee Patterson Cain. He has one child.
Judge Cain reported that he was a member of the following bar associations and professional associations:
"(a)   Oconee County Bar Association, 1986 to present; President, 1995;
(b)   S.C. Bar Association, 1986 to present;
(c)   National Conference of Juvenile and Family Court Judges, 2000 to present;
(d)   S.C. Family Court Judges Association, April 2000 to present."
Judge Cain provided that he was a member of the following civic, charitable, educational, social, or fraternal organizations:
"(a)   St. Luke United Methodist Church, Walhalla, S.C. Chairperson, Pastor-Parish Relations Committee, January 2002 to present. Member of Administrative Council, January 2002 to present."
Judge Cain further provided:
"After graduation from Law School, I served as a member of the Budget and Allocations Committee for the United Way of Oconee County and the Board of Directors of the United Way of Oconee County. In 1993, I received an award from the Fraternal Order of Police, Lodge No. 22, for service to the law enforcement community in Oconee County. I was also appointed by the President of the Oconee County Bar Association to serve as the Bar's representative on the Magistrate Selection Advisory Committee and have previously served as a member of the Oconee County Bench-Bar Liaison Committee. While engaged in the practice of law, I represented numerous indigent persons on a pro bono basis.
Oconee County is governed by the Council-Supervisor form of local government. The County Supervisor is also the Chairman of the Council. During my time as County attorney from 1992 to April 2000, I represented both Democratic and Republican Supervisors, as well as Councils comprised of a majority of Democrats and Councils comprised of a majority of Republicans.
I was raised in rural Oconee County on a small farm. I have two sisters. My parents both retired from the local textile mill, where I also worked for four (4) summers while in college and law school. During most of my time in college and law school, I was employed in part-time positions. While in college, I tutored students in math and was a Residence Hall Advisor at the University of South Carolina. During my first year of law school, I was the Director of Men's Residence Hall, supervising six (6) staff members and two hundred forty-three (243) students. I also clerked for the Law Firm of Kligman & Fleming, where I learned how to examine real estate titles in Richland and Lexington Counties, and later worked as a Law Clerk in the Fifth Circuit Solicitor's Office (Richland and Kershaw Counties).
My wife, Renee, has been a great blessing and inspiration to me throughout our marriage. As a licensed MSW, she has been very involved in children's issues in our community and for several years coordinated a program in two (2) of the local high schools known as HUGS (Help, Understanding, Guidance and Support) to help pregnant teenagers stay in school to complete their education. She is President of the Parent-Teacher Student Team organization at our son's elementary school where she also works as a substitute teacher and guidance counselor.
I was fortunate to grow up in an environment in which I learned important values by following the examples set by my parents as they faced the challenges of everyday life and am hopeful that I will set the same example for my own son.
If given the opportunity to continue serve on the Family Court, I will devote my energy and efforts to improving the legal system as well as the practice in Family Court."
The Commission found Judge Cain qualified and nominated him for re-election as a Family Court judge.

Circuit Court for the Third Judicial Circuit, Seat 1
Commission's Findings:   QUALIFIED AND 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 Thomas W. Cooper, Jr. meets the qualifications prescribed by law for judicial service as a Circuit Court judge.
Judge Cooper was born on May 20, 1941. He is 62 years old and a resident of Manning, 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 1973.
(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 regarding campaign expenditures:
"Should I successfully pass the screening process, I would anticipate postage expense in connection with letters written to the General Assembly. At this time, no such expenditures of postage or anything else have been incurred by me in furtherance of my candidacy."
Judge Cooper 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 Cooper 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 Cooper to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.
Judge Cooper described his continuing legal or judicial education during the past five years as follows:
"(a)   Annual Circuit Judges Association Convention;
(b)   New Judges Orientation School;
(c)   All mandatory JCLE seminars.
2003:

May 07   S.C. Circuit Judges Conference;

Mar 14   S.C. Bar Depositions: Technique, Strategy;

Jan 24   18th Annual Criminal Law Update;

Jul 07   SCCA Orientation School;
2002:

Jan 25   17th Annual Criminal Law Update;

Jul 08   Orientation School for New Judges;

Aug 01   SCTLA Annual Convention;

Aug 22   Judicial Conference;

May 08   Circuit Court Judges Annual Conference;

Sep 29   S.C. Solicitors Conference;
2001:

Jan 26   Criminal Law Update;

May 09   S.C. Circuit Judges Conference;

Jul 02   Orientation School for New Judges;

Sep 07   SCJD WestLaw Training;

Aug 23   SCCA Judicial Conference;
2000:

May 05   S.C. Bar Defective Machinery Seminar;

Aug 16   SCCA Annual Judicial Conference;

Aug 03   SCTLA Convention;

May 10   S.C. Circuit Court Judges Conference;

Jan 21   S.C. Bar 15th Annual Criminal Law Update;

Jun 10   SCCA Orientation School for New Judges;
1999:

Jan 22   S.C. Bar 14th Annual Criminal Law Update;

May 12   SCACJ Circuit Court Judges Meeting;

Jun 28   Circuit Court Judges Orientation;

Aug 05   SCTLA1999 Annual Convention;

Aug 19   SCCA Judicial Conference;

Oct 07   NJC National Symposium on Future of Judicial Branch Education."
Judge Cooper reported that he has taught the following law-related courses:
"(a)   For the past nine years, I have conducted the Common Pleas Non-Jury portion of the program at the New Judges Orientation School;
(b)   In January of 1997, at the Annual Mid-year Meeting of the South Carolina Bar Association, I was in charge of a segment on the annual Criminal Law Update Program. My portion of the program dealt with a survey of cases for the preceding calendar year from the perspective of a Trial Judge. In preparation of this segment, my law clerks and I reviewed all of the reported Opinions on criminal law cases for 1996 (both Supreme Court and Court of Appeals) and selected representative cases from that review to use in the program;
(c)   In May of 1997, I gave a lecture to the Circuit Court Judges Association program dealing with handling a high profile criminal case;
(d)   In February of 2001, I spoke at an institute co-sponsored by the South Carolina Bar and the National Practice Institute on "How to Deal with the Difficult Lawyer;"
(e)   In August of 2001, I spoke at the South Carolina Trial Lawyers Association on "Recent Cases and Developments in Evidence Law;"
(f)   On two occasions, most recently, in October of 2002, I have spoken at the Annual Solicitors Convention;
(g)   In March of 2003, I served on a panel with two attorneys and a guest lecturer at a seminar sponsored by the South Carolina Bar dealing with discovery abuses in the deposition process;
(h)   As chairman of the Circuit Court Judges Advisory Committee, I am responsible for devising curricula and obtaining lecturers and speakers for the New Judges Orientation School held annually."
Judge Cooper reported that he has not published any books or articles.
(4)   Character:
The Commission's investigation of Judge Cooper did not reveal evidence of any founded grievances or criminal allegations made against him. The Commission's investigation of Judge Cooper did not indicate any evidence of a troubled financial status. Judge Cooper has handled his financial affairs responsibly.
The Commission also noted that Judge Cooper was punctual and attentive in his dealings with the Commission, and the Commission's investigation did not reveal any problems with his diligence and industry.
(5)   Reputation:
Judge Cooper reported that his last available Martindale-Hubbell rating was "BV."
Judge Cooper has never sought another elective office, but was appointed to the Clarendon County Election Commission in 1988. He resigned from the Commission before running for the Circuit Court in October of 1991.
(6)   Physical Health:
Judge Cooper appears to be physically capable of performing the duties of the office he seeks.
(7)   Mental Stability:
Judge Cooper appears to be mentally capable of performing the duties of the office he seeks.
(8)   Experience:
Judge Cooper was admitted to the South Carolina Bar in 1973.
Judge Cooper gave the following account of his legal experience since graduation from law school:
"Following my graduation from USC School of Law in May of 1973, and my completion of the Bar examination in July of 1973, I began working for the Law Firm of W.C. Coffey, Jr., P.A., Manning, South Carolina. Mr. Coffey was a sole practitioner in general practice of law with an emphasis on real estate, probate, and commercial practice. I began to assist him in the real estate area of practice and, after my admission to the Bar in November of 1973, began to broaden my areas of practice into Administrative Law, Civil, Criminal and Family Law. Some of my earlier appearances following my admission to the Bar were appearances before the Public Service Commission. My practice gradually expanded into personal injury and contract litigation as well.
I was made a partner in the firm of Coffey and Cooper, P.A., in August of 1974. As my practice expanded, I began representation of institutions (school districts, municipalities, and our local hospital) and eventually began to phase out my practice in Family Court and Criminal Court. That transition coincided with the expansion of our firm in 1979 to bring in another partner who handled litigation matters, and virtually all of the family and criminal practice, allowing each of us to compartmentalize our practice as much as possible in a small town. I did no contested family practice after the mid 80's and handled no criminal matters after 1986.
While Criminal Court never was a major emphasis of my practice (approximately 5% to 10% of my practice at the most), I did enjoy a fair degree of success in the Court of General Sessions and voluntarily eliminated that portion of my practice in an effort to focus on other areas. Conversely, my civil practice expanded during that period of time, although a substantial amount of my practice, if not a slight majority of it, had always been in the areas of real estate, probate, close corporations, and institutional law.
In the later years of my practice, I served as Special Referee to hear contested non-jury matters, both in Clarendon and Sumter Counties, as a result of possible conflicts with standing Masters in those counties. Some of these controversies were involved, one of which consumed some seven days of trial time and several hundred items of evidence."
Judge Cooper reported that on February 5, 1992, he was elected to fill the unexpired term of Dan F. Laney, Jr. as judge of the Third Judicial Circuit. He was sworn in on March 12, 1992, and re-elected to a full term in May 1992 and to another full term in May of 1998.
Judge Cooper provided the following list of his most significant litigated matters:
"(a)   Cothran, Personal Representative v. Brown, 566 S.E.2d 548, 350 S.C. 352 (C.A. 2002)

This case involved novel issues surrounding the issues of judicial estoppel. The Court of Appeals initially reversed my ruling in favor of judicial estoppel. On re-hearing, en banc, the Court of Appeals affirmed my ruling.
(b)   State v. Donald Gay, 541 S.E.2d 541, 343 S.C. 543 (S.C. 2001)

This murder case involved interesting questions of an evidentiary nature regarding third party guilt and contained a rather unique sentencing question.
(c)   State v. Robert Joseph Quattlebaum, 527 S.E.2d 105, 338 S.C. 441 (S.C. 2000)

This death penalty case involved an intrusion into an attorney-client communication which was captured on videotape. The jury was never told about the videotape, but the violation of the attorney-client privilege was the major issue in the Supreme Court's reversal of the Defendant's conviction. The Court indicated that this was a case without precedent in South Carolina and further found legal authority on both sides of the question as to whether or not the Solicitor's Office should have been disqualified from prosecuting the case. The reversal centered almost entirely on my denial of the Defendant's motion to disqualify the Solicitor's Office. (Mr. Quattlebaum subsequently pled guilty to the charges and received a sentence of life imprisonment without the possibility of parole.)
(d)   Abbeville School District, et al. v. The State, 515 S.E.2d 535, 335 S.C. 58 (S.C. 1999)

This case involved lawsuits brought by more than forty school districts in the State against the State itself alleging that the method of funding education in the State was inequitable because of the failure to take into account the relative wealth of school districts in awarding state funding in all respects. I granted the State's Motion to Dismiss and Summary Judgment Motions holding that school funding issues are matters of legislative prerogative and not a judicial function. The Supreme Court affirmed my dismissal on every issue but one: the interpretation of the education clause of the State Constitution. My ruling in that regard was reversed and, as this is being dictated, the issues as to whether or not the State provides an opportunity for a minimally adequate education to the Plaintiff School Districts are being tried.
(e)   Ex Parte State-Record; in re: State v. Quattlebaum, 504 S.E.2d 592, 332 S.C. 346 (S.C. 1998)

This case involved an Order of this court imposing prior restraint on the dissemination of the contents of the videotape in the Quattlebaum case (see paragraph c above). The case involved significant constitutional issues relating to the First and Sixth Amendments of the United States Constitution. The Supreme Court affirmed the limited measures imposed in the prior restraint. The State Record filed a writ of certiorari before the United States Supreme Court, but the United States Supreme Court refused to hear the case."
(9)   Judicial Temperament:
The Commission believes that Judge Cooper's temperament has been and would continue to be excellent.
(10)   Miscellaneous:
The Pee Dee Citizens Committee found Judge Cooper to be qualified for re-election and recommended Judge Cooper without reservation.
Judge Cooper is married to Margaret Barringer Bland. He has two children.
Judge Cooper reported that he was a member of the following bar associations and professional associations:
"(a)   South Carolina Bar;
(b)   Clarendon County Bar Association-Inactive."
Judge Cooper also provided:
"I have continued my active involvement in the Presbyterian Church in the United States of America since my election to the bench in February of 1992. My involvement is now limited to service within my local church, The Presbyterian Church at Manning, where I serve as a Sunday School Teacher of and Adult Sunday School Class, and member of the choir. I have previously served as Clerk of the Session."
The Commission found Judge Cooper qualified and nominated him for re-election to the Circuit Court bench.

Circuit Court for the Second Judicial Circuit, Seat 1
Commission's Findings:   QUALIFIED AND NOMINATED
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Doyet A. Early, III meets the qualifications prescribed by law for judicial service as a Circuit Court judge.
Mr. Early was born on January 6, 1948. He is 55 years old and a resident of Denmark, South Carolina. Mr. Early provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1974.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Mr. Early.
Mr. Early 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. Early reported that he has made minor campaign expenditures for telephone calls and postage.
Mr. Early 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. Early testified that he is aware of the Commission's 48-hour rule regarding the formal and informal release of the screening report.
Mr. Early stated during the hearing before the Commission that his wife and he met briefly with Commission member Representative Doug Smith during a break from a Committee hearing to introduce himself and he stated that he did not seek a commitment from Representative Smith. He also stated that he signed a petition as a member of the Bamberg County Bar endorsing Family Court Judge Peter Nuessle's re-election and he has since asked that his name be removed from that petition.
(3)   Professional and Academic Ability:
The Commission found Mr. Early to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.
Mr. Early described his continuing legal or judicial education during the past five years as follows:
"1998:     01/091997:   That was the Year that Was;

01/15     S.C. Auto Insurance Update;

05/08     Medical Malpractice;

08/13     SCTLA 1998 Annual Convention;
1999:     01/22     14th Annual Criminal Law

Update;

08/05     SCTLA 1999 Annual Convention;
2000:     12/01-02     Auto Torts;
2001:     01/26     Criminal Law Update;

08.24     Health Care Torts;
2002:     06/27     JCFC Judicial Conference;

08/01     SCTLA Annual Convention;

10/18     Medical Malpractice in S.C.;

12/06-07     Auto Torts XXV."
Mr. Early reported that he had lectured at four CLE courses. One was a panel discussion regarding Family Court issues; one involved handling automobile tort litigation; and two programs involved medical malpractice, one of which concerned peer review reports and their admissibility and one of which concerned punitive damages.
Mr. Early reported that he co-authored an article for the South Carolina Trial Lawyer Bulletin, published in Summer 1998. The article concerned punitive damages in medical malpractice litigation.
(4)   Character:
The Commission's investigation of Mr. Early did not reveal evidence of any founded grievances or criminal allegations made against him. The Commission's investigation of Mr. Early did not indicate any evidence of a troubled financial status. Mr. Early has handled his financial affairs responsibly.
The Commission also noted that Mr. Early 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. Early reported that his Martindale-Hubbell rating was "AV."
Regarding military service, Mr. Early reported that he served in the South Carolina Air National Guard from March 1970 to March 1976, and that he was honorably discharged in March 1976.
(6)   Physical Health:
Mr. Early appears to be physically capable of performing the duties of the office he seeks.
(7)   Mental Stability:
Mr. Early appears to be mentally capable of performing the duties of the office he seeks.
(8)   Experience:
Mr. Early was admitted to the South Carolina Bar in 1974.
Mr. Early gave the following account of his legal experience since graduation from law school.
"I was an associate for attorney W.D. Rhoad of Bamberg, S.C., after my admission to the Bar until July of 1975. I left him in July of 1975 and opened my firm on July 20, 1975. I began as a sole practitioner, and I am now the senior partner in the firm of Early & Ness. The firm consists of three partners, two associates, and one contract lawyer. My firm and I have provided general legal services to the public, including civil litigation for both plaintiff and defendant, criminal matters ranging from the defense of death penalty cases (five completed cases; I am currently defending my sixth capital case) to DUI in Magistrates Court, domestic litigation, Estate and Probate matters, commercial litigation, real estate matters, and I have been Bamberg County attorney since approximately 1979. I began my firm without any clients; as of September 2003, my firm has closed 13,745 general files and 3,532 real estate files. The majority of my work has been general practice, but I have emphasized medical litigation during the last fifteen years."
Mr. Early reported the frequency of his court appearances during the last five years as follows:
"(a)   Federal:   infrequent;
(b)   State:   very frequent."
Mr. Early reported the percentage of his practice involving civil, criminal, and domestic matters during the last five years as follows:
"(a)   Civil:   75%;
(b)   Criminal:   15%;
(c)   Domestic:   10%."
Mr. Early reported the percentage of his practice in trial court during the last five years as follows:
"(a)   Jury:   20%;
(b)   Non-jury:   80%."
Mr. Early provided that he most often served as sole counsel.
The following is Mr. Early's account of his five most significant litigated matters:
"(a)   Welsh v. Epstein, 342 S.C. 279, 536 S.E.2d 408 (Ct. App. 2000). This was a medical malpractice action in which I represented the estate of a spinal surgery patient who was employed by his surgeon, the defendant. The patient died as a result of overmedication and extreme, untreated, blood loss. The case involved numerous expert witnesses on neurosurgery, nursing, hematology, pharmacology, and economics, and a number of evidentiary issues, including questions of the Dead Man's Statute and an unavailable witness presented by deposition. The hospital settled with the Estate before trial. The bifurcated trial against the surgeon and his practice resulted in a verdict for $3 million actual and $3.9 million punitive damages, which was the highest medical malpractice award in Aiken County history. Procedurally, the case further involved post-trial review of punitive damages pursuant to Gamble v. Stevenson, as well as an appeal bond issue. The appeal proceeded through the Court of Appeals and on to the Supreme Court before settlement was reached. Central issues in the appeal included the right of a nonsettling defendant to offset a pretrial settlement against the verdict, and the question of whether a punitive damages award is limited to the defendant's net worth.
(b)   State v. Thomas Treshawn Ivey. In this Orangeburg County case, I was appointed to defend a young man accused of murdering a Columbia business man, as part of a crime spree in which he and others allegedly kidnapped a Columbia businessman, stole his car and checks, murdered him, presented stolen checks at an Orangeburg store, and then killed an Orangeburg police officer called to investigate the presentation of the checks. The death penalty was sought in both murders. The case obviously presented difficulty to the local bar, due to the local police officer's murder, and I, a Bamberg attorney, was appointed in the case of the businessman's murder. The case is significant to me because the facts of the case were extreme, and my efforts were necessarily focused on mitigation evidence and trying to avoid a death penalty. This case involved substantial legal issues involving jury selection, change of venue, and a co-defendant's testimony.
(c)   State v. John Gregory Braxton. In this Barnwell County capital murder case, I was appointed to defend a man accused of robbing, kidnapping, and murdering a convenience store cashier. The case is significant to me because through diligent investigation, analysis, and presentation of the relevant facts, I was able to achieve an acquittal of all aggravating circumstances, as robbery and kidnapping could not be proven, thus keeping the case from progressing to the death penalty phase.
(d)   South Carolina State University. I represented SCSU in a number of related cases, one involving a death, two involving severe brain injury, and one action alleging various lesser injuries on the part of thirty plaintiffs, all centered around, among other things, the failure of a water heater and a release of carbon monoxide in a dormitory at SCSU. The cases were consolidated for discovery, and this complex litigation involved several attorneys from South Carolina and elsewhere, thirty plaintiffs, SCSU and two manufacturing companies. The case presented interesting legal issues involving a complex products liability matter, engineering theories regarding carbon monoxide, destructive testing, carbon monoxide testing of the campus in question, and involved matters of medicine concerning proximate cause issues regarding carbon monoxide poisoning, and interpretation and construction of the South Carolina Tort Claims Act.
(e)   Dodge v. Dodge. I represented a stepfather and the maternal grandparents in this case. The parents were divorced, the father was a freed convicted conspirator to a bank robbery, and the mother had remarried and died from complications from the birth of a third child. The grandparents and stepfather sought custody. The Family Court awarded joint custody to grandparents, stepfather, and father. The father appealed and sought a writ of supersedeas. The Court of Appeals awarded the father sole custody, on the grounds the Family Court did not find him unfit and that custody reverted to him when the mother died. The case was emotionally charged, and involved a number of issues, including the standing of stepparents to join in custody actions, the visitation rights of grandparents, the reversion of custody to a noncustodial parent upon the death of the custodial parent, child support, and tax exemptions. The case has been used as a test question scenario on the South Carolina Bar Examination."
The following is Mr. Early's account of civil appeals he has personally handled:
"(a)   Welsh v. Epstein, 342 S.C. 279, 536 S.E.2d 408 (Ct. App. 2000);
(b)   Stokes v. Denmark Emergency Medical Services, 315 S.C. 263, 433 S.E.2d 850 (1993);
(c)   Cummings v. Varn, 307 S.C. 37, 413 S.E.2d 829 (1992);
(d)   Wingard v. The Regional Medical Center of Orangeburg and Calhoun Counties, unpublished opinion dated March 14, 1996;
(e)   Dodge v. Dodge, 332 S.C. 401, 505 S.E.2d 344 (Ct. App. 1998)."
(9)   Judicial Temperament:
The Commission believes that Mr. Early's temperament would be excellent.
(10)   Miscellaneous:
The Midlands Citizens Committee found Mr. Early to be a qualified and highly-regarded candidate. The committee approved of his candidacy for the Circuit Court bench.
Mr. Early is married to Linda Lee Foy Early. He has two children.
Mr. Early reported that he was a member of the following bar associations and professional associations:
"(a)   South Carolina Bar;
(b)   South Carolina Trial Lawyers Association;
(c)   Fourth Circuit Judicial Conference;
(d)   I was a member of the Board of Commissions on Grievances and Discipline from 1985 to 1988."
The Commission was favorably impressed with Mr. Early's experience in his 29 years of practicing law, including his familiarity in handling six death penalty cases. The Commission also noted that he is a skilled civil practitioner. He was found qualified and nominated for election to the Circuit Court bench.

Circuit Court for the Thirteenth Judicial Circuit, Seat 4
Commission's Findings:   QUALIFIED AND NOMINATED
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Eric K. Englebardt meets the qualifications prescribed by law for judicial service as a Circuit Court judge.
Mr. Englebardt was born on October 31, 1964. He is 39 years old and a resident of Greenville, South Carolina. Mr. Englebardt 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. Mr. Englebardt is also licensed to practice law in North Carolina.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Mr. Englebardt.
Mr. Englebardt 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. Englebardt reported that he has not made any campaign expenditures.
Mr. Englebardt 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. Englebardt 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. Englebardt to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.
Mr. Englebardt described his continuing legal or judicial education during the past five years as follows:
"As an active member of the SCDTAA, most of my CLE hours have come from Association sponsored activities. I have also attended Ethics block CLEs as part of my North Carolina Bar requirements and various other CLEs geared toward litigation, including the DRI's products liability symposium."
Mr. Englebardt reported the following regarding law-related courses he has taught:
"I have taught sections on opening and closing arguments and expert cross-examination as a group leader at the SCDTAA Trial Academy."
Mr. Englebardt reported that he has not published any books or articles.
(4)   Character:
The Commission's investigation of Mr. Englebardt did not reveal evidence of any founded grievances or criminal allegations made against him. The Commission's investigation of Mr. Englebardt did not indicate any evidence of a troubled financial status. Mr. Englebardt has handled his financial affairs responsibly.
The Commission also noted that Mr. Englebardt 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. Englebardt reported that his Martindale-Hubbell rating was "BV."
(6)   Physical Health:
Mr. Englebardt appears to be physically capable of performing the duties of the office he seeks.
(7)   Mental Stability:
Mr. Englebardt appears to be mentally capable of performing the duties of the office he seeks.
(8)   Experience:
Mr. Englebardt was admitted to the South Carolina Bar in 1989.
Mr. Englebardt provided the following account of his legal experience since graduation from law school;
"Since I graduated from law school my legal practice has been with two law firms. I began as an associate at Haynsworth, Marion, McKay & Guerard where I had served as a law clerk between my second and third year of law school. I started work in August 1989 and was admitted to the Bar in November of that year. I then was admitted to the North Carolina Bar after the February Bar Exam in 1990 and have been admitted to the United States District Court in South Carolina and all three districts in North Carolina. As a result of having spent some time working in the defense of the asbestos cases I have practiced in all three federal districts in North Carolina as well as the district of South Carolina on a variety of other cases as well. Additionally, I have tried cases in State Court of North Carolina as well as many cases in South Carolina. In January of 1998 I became a Partner at Haynsworth, Marion, McKay & Guerard where I continued until January of 2001, shortly after the merger where that firm became known as Haynsworth Sinkler Boyd. In January of 2001 I became a partner at Clarkson, Walsh, Rheney & Turner, P.A. where I continue to practice. At both firms, my practice has focused generally on the areas of insurance defense litigation, though I have handled a variety of plaintiff's cases as well as a small number of criminal/domestic matters. In 2000 I became certified as a mediator and have practiced as a mediator both at Haynsworth, Marion, McKay & Guerard and Clarkson, Walsh, Rheney & Turner, mediating a variety of cases in both State and Federal Court. I have also served as an arbitrator on two occasions in the last eighteen months in civil cases.
My experience in criminal matters is admittedly limited. I have appeared in traffic court on a couple of occasions in the past for clients, but have never fully handled a significant criminal matter. Since I determined that I was going to run for judge, I have become somewhat involved in a couple of cases assisting my associate, Mike Coulter, the former Deputy Solicitor in the Eighth Judicial Circuit, but none of the matters I am helping him with have come to trial as of yet.
Obviously, I will need to overcome my lack of experience in criminal matters were I to be elected as a circuit judge, however, I have always prided myself as being a quick learner and, despite not having had a criminal practice, I have always kept abreast of the case law involving criminal cases by reading the advanced sheets regularly. Obviously, it will take some study as well as listening to become familiar with criminal procedure, however, I believe I have a good handle of the Rules of Evidence and would be able to overcome my lack of experience in criminal matters to be an effective circuit judge."
Mr. Englebardt reported the frequency of his court appearances during the last five years as follows:
"(a)   Federal:   Sporadic, 4-5 times;
(b)   State:   Regular 80% of my practice is state court litigation.
Let me clarify by stating that over the past five years I have tried approximately 30 jury trials in Circuit Court as well as appearing for Motions, hearings, roster meetings, etc. On average I would estimate that I have made court appearances on a weekly basis over that time period."
Mr. Englebardt reported the percentage of his practice involving civil, criminal, and domestic matters during the last five years as follows:
"(a)   Civil:   96%;
(b)   Criminal:   2%;
(c)   Domestic:   2%."
Mr. Englebardt reported the percentage of his practice in trial court during the last five years as follows:
"(a)   Jury:   95%;
(b)   Non-jury:   5%."
Mr. Englebardt reported that he most often served as sole counsel in these matters.
The following is Mr. Englebardt's account of his five most significant litigated matters:
"(a)   South Carolina Distributors and Livingston v. Livingston, et al. This was a multimillion-dollar case involving a breach of contract and probate dispute over a family business tried in Cherokee County;
(b)   _________ v. CSX. This was a wrongful death and personal injury case involving two occupants of a car hit by a CSX train at a crossing in Joanna, South Carolina. This was a jury trial in front of the Honorable G. Ross Anderson in Federal Court in Anderson, South Carolina. After a week of trial, the jury granted us a defense verdict;
(c)   Bear Enterprises v. County of Greenville. This was a zoning suit against the County of Greenville over their denial over a zoning request by my clients, the owners of the property. After lengthy discovery in the case the Circuit Court granted summary judgment in our favor. However, this was overturned by the Court of Appeals;
(d)   Davis v. King Chris d/b/a McDonalds. This was a lawsuit against McDonalds Corporation over an injury which occurred in one of its parking lots. This case received much media exposure as at issue was the safety of the McDonalds playlands for children outside many of their restaurants. The case involved many complicated engineering and design issues;
(e)   Register v. U.S. Steel Corporation. This was another premises liability case involving a severe injury. It was tried to a verdict in Anderson County."
The following is Mr. Englebardt's account of five civil appeals he has personally handled:
"(a)   Bear Enterprises v. County of Greenville, 319 S.C. 137, 459 S.E.2d 883 (Ct. App. 1995);
(b)   Camlin v. Bilo, 311 S.C. 197, 428 S.E.2d 6 (Ct. App. 1993);
(c)   Threatt Michael Construction Company v. C&G Electric, 305 S.C. 147, 406 S.E.2d 374 (Ct. App. 1991);
(d)   Preckler v. Owens-Corning, 60 F.3d 824, 1995 WL 417731 (4th Cir. 1995);
(e)   Currently pending in the Court of Appeals: Lindsey v. Vann."
(9)   Judicial Temperament:
The Commission believes that Mr. Englebardt's temperament would be excellent.
(10)   Miscellaneous:
The Upstate Citizens Committee reported that Mr. Englebardt met the evaluative criteria established by the Judicial Merit Selection Commission and was qualified to serve as a Circuit Court judge.
Mr. Englebardt is married to Helen Elizabeth Burris. He has two children.
Mr. Englebardt reported that he was a member of the following bar associations and professional associations:
"(a)   North Carolina Bar;
(b)   South Carolina Bar;
(c)   Greenville County Bar;
(d)   SCDTAA (Executive Committee Member since 2000);
(e)   North Carolina Bar Association;
(f)   Upstate Mediation Network (Vice President 1999-2001)."
Mr. Englebardt provided that he was a member of the following civic, charitable, educational, social, or fraternal organizations:
"(a)   Eastside Sertoma;
(b)   Temple of Israel Board of Directors;
(c)   Greenville Little League (Coach)."
The Commission found Mr. Englebardt to be of good temperament and to have a reputation for performing excellent legal work, being honest and being pleasant. The Commission believes that Mr. Englebardt's concentration on a civil law practice will not limit his effectiveness should he be elected to the Circuit Court. The Commission found Mr. Englebardt qualified and nominated him for election to the Circuit Court bench.

Family Court for the Fourteenth Judicial Circuit, Seat 2
Commission's Findings:   QUALIFIED AND NOMINATED

Pursuant to S.C. Code Ann. Section 2-19-40, the Commission waived the public hearing for Judge Fender since her candidacy for re-election was uncontested and no complaints were received.
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Jane Dowling Fender meets the qualifications prescribed by law for judicial service as a Family Court judge.
Judge Fender was born on September 17, 1946. She is 57 years old and a resident of Beaufort, South Carolina. Judge Fender provided in her application that she has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1985.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge Fender.
Judge Fender 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 Fender reported that she has not made any campaign expenditures.
Judge Fender testified she has not:
(a)   sought or received the pledge of any legislator prior to screening;
(b)   sought or been offered a conditional pledge of support by a legislator;
(c)   asked third persons to contact members of the General Assembly prior to screening.
Judge Fender testified that she is aware of the Commission's 48-hour rule regarding the formal and informal release of the screening report.
(3)   Professional and Academic Ability:
The Commission found Judge Fender to be intelligent and knowledgeable. Her performance on the Commission's practice and procedure questions met expectations.
Judge Fender described her past continuing legal or judicial education during the past five years as follows:
"I have attended Judicial Continuing Legal Education courses offered for Family Court in addition to other courses offered during Bar Conventions or at South Carolina Trial Lawyers Conventions.
1998:   Family Court Judges Conference;

Judicial Conference;

S.C. Bar Video-Litigating Custody Issues & Joint Custody;
1999:   Family Law Section Mid-Year Meeting;

Family Court Judges Conference;

SCTLA Annual Conference;

Judicial Conference;

Family Court Bench/Bar;
2000:Family Law Section;

SCCA Annual Judicial Conference;

Family Court Judges Conference;

SCTLA Convention;

Family Court Bench/Bar;
2001:   Family Law Section;

Family Court Judges Conference;

Judicial Conference;

SCTLA Tips from the Bench;

Bench Bar Seminar;
2002:   Family Court Judges Conference;

Family Law Section II;

SCTLA Annual Convention;

Judicial Conference;

S.C. Family Court Bench/Bar."
Judge Fender reported that she has taught the following law-related courses:
"(a)   I have lectured at the Technical College of the Lowcountry (as substitute teacher) in domestic law;
(b)   In February, 2000, I was a speaker on 'Custody and Termination Proceedings' during a Tips From The Bench CLE Seminar in Columbia, South Carolina."
Judge Fender reported that she has not published any books and/or articles.
(4)   Character:
The Commission's investigation of Judge Fender did not reveal evidence of any founded grievances or criminal allegations made against her. The Commission's investigation of Judge Fender did not indicate any evidence of a troubled financial status. Judge Fender has handled her financial affairs responsibly.
The Commission also noted that Judge Fender 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 Fender reported that her last available Martindale-Hubbell rating was "BV."
(6)   Physical Health:
Judge Fender appears to be physically capable of performing the duties of the office she seeks.
(7)   Mental Stability:
Judge Fender appears to be mentally capable of performing the duties of the office she seeks.
(8)   Experience:
Judge Fender was admitted to the South Carolina Bar in 1985.
Judge Fender describes her employment history since graduation from law school as follows:
"Law Office of Harvey L. Golden, Columbia, South Carolina
February-July 1985; Family Law Practice;
Nelson, Mullins, Grier & Scarborough, Columbia, South Carolina
August 1985-August 1986; Insurance Defense;
Dowling, Sanders, Dukes, Williams, Infinger, Patterson and Meeks, P.A., Beaufort, South Carolina
August 1986-May 1992; General Practice, concentrating in Family Law;
Dowling Law Firm, P.A., Beaufort, South Carolina
May 1992-July 1, 1994; General Practice, concentrating in Family Law;
Family Court Judge, 14th Judicial Circuit, Seat 2
July 1, 1994 to present."
Judge Fender reported that she has never held public office other than judicial office.
The following is Judge Fender's account of her five most significant orders or opinions:
"(a)   South Carolina Department of Social Services v. Sam Yater and Connie Yater, Case No: 99-DR-07-483, Heard October 25, 26, 27 and 28, 1999;
(b)   Stephen T. Toner v. Roberta L. Toner, Case No: 02-DR-07-121, Heard April 1 and 2, 2003;
(c)   South Carolina Department of Social Services v. Jordan Franzone, Christine Franzone and Joseph Moscola, Case No: 00-DR-07-1645, Heard April 9 and 10, 2001;
(d)   Regina M. Nimmer v. Carl F. Nimmer, Case No: 01-DR-07-1066, Heard April 16 and 17, 2003;
(e)   Jill M. Mason v. John J. Mason, Case No: 02-DR-07-730, Heard July 14, 15, 21 and 22, 2003."
(9)   Judicial Temperament:
The Commission believes that Judge Fender's temperament has been and would continue to be excellent.
(10)   Miscellaneous:
The Lowcountry Citizens Committee reported that Judge Fender met the evaluative criteria established by the Judicial Merit Selection Commission and was qualified for re-election to the Family Court.
Judge Fender is not married. She has two children by a prior marriage.
Judge Fender reported that she was a member of the following bar associations and professional associations:
"(a)   South Carolina Bar, Member 1985-Present;
(b)   American Bar Association, Member 1985 -2003;
(c)   Phi Alpha Delta Legal Fraternity, Justice Pinckney Chapter, 1983-1984; Vice-Justice, Palmetto Alumnae Chapter, 1985-1986."
Judge Fender provided that she was a member of the following civic, charitable, educational, social, or fraternal organizations:
"(a)   Volunteer Guardian ad Litem Program; Richland and Beaufort Counties; Member 1984-1994;
(b)   Low Country Mediation Network; Member 1990-1994;
(c)   St. Helena's Episcopal Church; Board of Episcopal Church Women 1987-1994; Advisor to Episcopal Young Churchmen 1987-1994; Sunday School Teacher 1986-1994;
(d)   Child Abuse Prevention Association (C.A.P.A.), Board Member 1994;
(e)   Coastal Speech and Hearing Clinic; Board Member 1988-1993; Chairman 1990-1992;
(f)   Coastal Empire Mental Health Clinic; Board Member 1989-1994;
(g)   Beaufort High School; School Improvement Council 1991-1993;
(h)   Beaufort County Public School Education Foundation; Board Member 1988-1994;
(i)   American Cancer Society, Beaufort Chapter; Board Member 1990-1994;
(j)   Greater Beaufort County Boys & Girls Club; Board Member 1992-1994."
The Commission found Judge Fender qualified and nominated her for re-election as a Family Court judge.

Circuit Court for the First Judicial Circuit, Seat 2
Commission's Findings:   QUALIFIED AND NOMINATED
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Diane Schafer Goodstein meets the qualifications prescribed by law for judicial service as a Circuit Court judge.
Judge Goodstein was born on December 1, 1955. She is 48 years old and a resident of Summerville, South Carolina. Judge Goodstein 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 1981.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge Goodstein.
Two similar complaints were filed before the Commission in opposition to Judge Goodstein's candidacy. The complainants questioned Judge Goodstein's objectivity and fairness in how she handled a criminal defendant's bond hearing and his release on electronic monitoring in 2001. The complainants, neighbors of the defendant, opposed his release on bond and contended that he was not properly monitored as ordered after his release. Although they appeared at the bond hearing, they were reluctant to testify and submitted unsworn and even some anonymous letters for the judge's consideration. The complainants contended that Judge Goodstein was "arrogant and flippant" in regards to their letters as she did not review their letters in court as well as she appeared to only consider the rights of defendant and the report of the psychiatrist who examined him. They also contended that the Judge should have afforded them an opportunity for in- chambers communication to discuss their concerns regarding the defendant. Judge Goodstein satisfactorily responded to the issues alleged in the affidavits and the Commission found no issues of concern with the judge's conduct regarding this matter. The Commission also noted its appreciation to the complainants who came forward to testify and understood their frustration that defendant was not electronically monitored 24 hours per day as ordered by the court. However, the Commission noted that the judge did the best she could in this matter with the tools with which the law provided her.
Judge Goodstein 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 Goodstein reported that she has not made any campaign expenditures.
Judge Goodstein testified she has not:
(a)   sought or received the pledge of any legislator prior to screening;
(b)   sought or been offered a conditional pledge of support by a legislator;
(c)   asked third persons to contact members of the General Assembly prior to screening.
Judge Goodstein testified that she is aware of the Commission's 48-hour rule regarding the formal and informal release of the screening report.
(3)   Professional and Academic Ability:
The Commission found Judge Goodstein to be intelligent and knowledgeable. Her performance on the Commission's practice and procedure questions met expectations.
Judge Goodstein described her continuing legal or judicial education during the past five years as follows:
"1998:   Orientation School for New Judges;

Judicial Conference;

Circuit Court Judges Association Meeting;
1999:     S.C. Bar 14th Annual Criminal Law Update;

Circuit Court Judges Meeting;

General Jurisdiction;

SCTLA Annual Convention;

Judicial Conference;
2000:     Annual Judicial Conference;

SCTLA Convention;

S.C. Circuit Court Judges;

S.C. Bar 15th Annual Criminal Law Update;
2001:     S.C. Bar 16th Criminal Law Update;

S.C. Bar 2001 Colloquim;

S.C. Circuit Judges Conference;

Judicial Ethics Workshop;

Judicial Conference;
2002:     S.C. Bar 17th Annual Criminal Law Update;

Scientific Evidence and Expert;

Handling Capital Cases;
2003:     Orientation School for Judges;

S.C. Circuit Judges;

Magistrates' Intensive Training;

S.C. Bar 18th Annual Criminal Law Update;

Civil Law Update."
Judge Goodstein reported that she has taught the following law-related courses:
"1999:   SCTLA Annual Convention presentation on What's Admissible?;

Medicaid/Medicare Payments and Collateral Source Rule;

S.C. Bar Tort Law Update presentation on Torts From a Circuit Court Perspective;
2000:     S.C. Bar Art of Advocacy II presentation in a panel discussion on Ethics at Trial;

S.C. Bar Tips from the Bench Seminar presentation entitled Circuit Court -Civil Jury;
2001:     SCCA Orientation School for New Judges presentation entitled 'Running of a Court;'

JMSC Judicial Ethics Workshop presentation entitled 'Limitations on Questioning Judges Under Judicial Canons;'
2002:     SCCA Orientation School for New Judges presentation entitled 'Running of a Court;'
2003:     SCCA Orientation School for New Judges presentation entitled 'Running of a Court;'

SCCA Magistrates' Intensive Training presentation entitled 'General Courtroom Protocol, Vior Dire, Jury Selection and Charge.'"
Judge Goodstein reported that she has not published or written articles other than materials written for the Orientation School for New Circuit Court Judges on the subject of "Running of a Court."
(4)   Character:
The Commission's investigation of Judge Goodstein did not reveal evidence of any founded grievances or criminal allegations made against her. The Commission's investigation of Judge Goodstein did not indicate any evidence of a troubled financial status. Judge Goodstein has handled her financial affairs responsibly.
The Commission also noted that Judge Goodstein 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 Goodstein reported that her last available Martindale-Hubbell rating was "AV."
Judge Goodstein reported that served as Dorchester County Attorney from 1986 through 1988.
(6)   Physical Health:
Judge Goodstein appears to be physically capable of performing the duties of the office she seeks.
(7)   Mental Stability:
Judge Goodstein appears to be mentally capable of performing the duties of the office she seeks.
(8)   Experience:
Judge Goodstein was admitted to the South Carolina Bar in 1981.
Judge Goodstein provided the following account of her legal experience since graduation from law school:
"I began practice as an Associate with the firm of Goodstein, Bowling, Douglas & Phillips from 1981 through 1983. I became a partner in Goodstein & Goodstein, PA, from 1983 through 1998. After my election to the bench in 1998, and days before I concluded my practice, my law firm merged with the firm of Rosen, Rosen & Hagood, creating Rosen, Goodstein & Hagood. My husband continued to practice with that firm until the end of 2000.
My private practice was always a general one. However, it progressed from one which primarily was associated with the representation of Plaintiffs to one which represented both Plaintiffs and Defendants. In the later years, I practiced more often in the public sector, serving as Dorchester County Attorney, as General Counsel for the Charleston County Aviation Authority, and as counsel for Dorchester County School District Number Two. I prosecuted cases for the Charleston County Aviation Authority Police Department. In 1997, Goodstein & Goodstein began to represent the South Carolina Insurance Reserve Fund in cases arising in Charleston and Dorchester Counties. After sixteen years, my law practice had expanded into numerous areas of the private and public sector representing both Plaintiffs and Defendants."
Judge Goodstein provided that she was elected as a Resident Judge for the First Judicial Circuit, Seat 2, on May 6, 1998, and continues to serve.
Judge Goodstein considered her most significant orders to have occurred in the following cases:
"(a)   Middleton v. Sunstar Acceptance Corp., 98-CP-07-1131 (Jan. 13, 2000);
(b)   Simmons v. City of Charleston, 349 S.C. 64, 562 S.E.2d 476 (Ct. App. 2002); Raymond Simmons, a captain with the City of Charleston Fire Department, sustained a brown recluse spider bite to his right leg while preparing to respond to a fire call. Simmons suffered from various medical conditions which, combined with the spider bite, required the amputation of his left leg. Simmons filed a workers' compensation claim. The single commissioner granted Simmons total disability under the general disability statute. The full commission and circuit court affirmed. The Court of Appeals affirmed;
(c)   Mary Louse Fairey v. Exxon, 94-CP-37-118 (July 10, 2003), order denying class certification;
(d)   Mary Louse Fairey v. Exxon, 94-CP-37-118, (July 10, 2003) order determining mode of trial in a class action;
(e)   Sullivan v. South Carolina Department of Corrections, 2003 W.L 22004405 (Aug. 10, 2002)."
(9)   Judicial Temperament:
The Commission believes that Judge Goodstein's temperament has been and would continue to be excellent.
(10)   Miscellaneous:
The Lowcountry Citizens Committee reported that Judge Goodstein met the established criteria of the Judicial Merit Selection Commission and was qualified for re-election to the Circuit Court.
Judge Goodstein is married to Arnold Samuel Goodstein. She has two children.
Judge Goodstein reported that she was a member of the following bar associations and professional associations:
"(a)   South Carolina Bar Association;
(b)   American Bar Association;
(c)   Dorchester County Bar Association;
(d)   Circuit Judge Association;
(e)   Women in Law Association."
Judge Goodstein provided that she was a member of the following civic, charitable, educational, social, or fraternal organizations:
"(a)   Summerville Debutante Club."
The Commission found Judge Goodstein qualified and nominated her for re-election as a Circuit Court judge.

Family Court for the Sixteenth Judicial Circuit, Seat 1
Commission's Findings:   QUALIFIED AND NOMINATED

Pursuant to S.C. Code Ann. Section 2-19-40, the Commission waived the public hearing for Judge Guess since his candidacy for re-election was uncontested and no complaints were received.
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Robert E. Guess meets the qualifications prescribed by law for judicial service as a Family Court judge.
Judge Guess was born on June 19, 1948. He is 55 years old and a resident of Union, South Carolina. Judge Guess 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 Guess.
Judge Guess 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 Guess reported that he has not made any campaign expenditures.
Judge Guess 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 Guess 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 Guess to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.
Judge Guess described his continuing legal or judicial education during the past five years as follows:
"03/05/98   AAEPA Estate Planning and Office Management;
04/03/98   S.C. Bar Working with Older Clients and Others;
08/06/98   S.C. Association of County Attorneys Annual Meeting;
01/18 through 01/23/99   National Network Practicum 1 Estate Planning & Office Management;
03/22 through 03/26/99   National Network Practicum Estate Planning & Office Management;
04/29/99   NBI Family Limited Partnerships in South Carolina;
08/06/99   S.C. Association of County Attorneys Annual Meeting;
05/03/00   Family Court Judges Conference;
07/10/00   2000 Orientation School for Newly Elected Family Court Judges;
08/0/00   2000 SCTLA Convention Family Court Seminars;
08/16/0   Annual Judicial Conference S.C. Court Administration;
01/26/01   Family Law Section Seminar;
05/03/01   2001 Family Court Judges Conference;
08/23/01   Annual Judicial Conference S.C. Court Administration;
10/21 through 10/26/01   National Council of Juvenile and Family Court Judges Advanced Family Law;
12/07/01   S.C. Family Court Bench/Bar Seminar S.C. Bar CLE Division;
01/25/02   Family Law Section II-Taxes Seminar;
05/01/02   Family Court Judges Conference;
08/01/02   2002 Annual Convention SCTLA Family Court Seminars;
08/22/02   Annual Judicial Conference S.C. Court Administration;
01/24/03   Family Law Seminars S.C. Bar Annual Convention;
04/30/03   Family Court Judges Conference."
Judge Guess reported that he has taught the following law-related courses:
"(a)   Business law, school year 1983-1984 and 1984-1985, USC Union campus. General business law for sophomore level students."
Judge Guess reported that he has not published any books or articles.
(4)   Character:
The Commission's investigation of Judge Guess did not reveal evidence of any founded grievances or criminal allegations made against him. The Commission's investigation of Judge Guess did not indicate any evidence of a troubled financial status. Judge Guess has handled his financial affairs responsibly.
The Commission also noted that Judge Guess was punctual and attentive in his dealings with the Commission, and the Commission's investigation did not reveal any problems with his diligence and industry.
(5)   Reputation:
Judge Guess reported that his last available Martindale-Hubbell rating was "BV."
Judge Guess reported his service in the military as follows:
"Completed 6 year enlistment, South Carolina National Guard January 20, 1970-January 20, 1976; Headquarters and Headquarters Company 118th Infantry (Mech), Union, S.C.; Rank of Specialist 5; Honorable Discharge. Obligation completed."
(6)   Physical Health:
Judge Guess appears to be physically capable of performing the duties of the office he seeks.
(7)   Mental Stability:
Judge Guess appears to be mentally capable of performing the duties of the office he seeks.
(8)   Experience:
Judge Guess was admitted to the South Carolina Bar in 1974.
Judge Guess provided the following account of his legal experience since graduation from law school:
"March 1975 through November 1977: Private solo practice of law, Charleston, S.C. Practice consisted of criminal, real estate, probate and commercial collections. While not associated in a formal partnership, during this period I shared office space with Paul W. Garfinkle, Esq. and O. Benjamin Peeples, Esq.
November 1977 through July 1979: Practiced law in Greenville, S.C. in a partnership with Paul E. Wilburn III, Esquire. General civil and criminal practice, primarily real estate, wills and estate planning, commercial collections and domestic.
July 1979 through December 1986: Solo practice of law in Union, S.C. General civil and criminal practice, including domestic and family court, wills, estate planning and probate, real estate, personal injury, social security disability, workmans' compensation, and business law. Extensive criminal trial experience as an associate to the Union County Public Defender from 1980-1984. As Associate Public Defender handled numerous juvenile criminal matters.
December 1986 through October 1988: Practice of law in Union, S.C. in partnership with Ralph Phillips, Jr., Esquire and Pete G. Diamaduros, Esquire General practice of civil and criminal law, with emphasis for my individual practice on real estate, domestic and family court, wills and probate, with some limited criminal practice.
October 1988 through July 1996: Solo practice of law in Union, S.C. General civil practice with criminal practice limited to court appointed cases. Emphasis in practice on real estate, family court and domestic, wills, probate and estate planning, including fiduciary litigation, business and commercial law including litigation, some personal injury, workmans' compensation, and social security disability. In 1993 I was retained as attorney for the town of Jonesville and as such handle issues of municipal law, prosecute criminal cases in the Recorder's Court, review contracts and handle litigation involving the Town. In August 1994 I was appointed Union County Attorney. A significant portion of my practice was devoted to government law, contracts, and litigation for Union County.
July 1996 through May 2000: Solo practice of law in Union, S.C., with emphasis on transactional office-type practice, including estate planning, wills, trusts, and probate, issues involving aging and the elderly and commercial and business planning. Litigation primarily limited to fiduciary litigation including wills contests and construction, etc. in both probate court and circuit court, litigation involving real estate and criminal trial practice limited to court appointed defendants. During this period family court work was de-emphasized and limited to my established client base, resulting in a large reduction in family court related cases and court appearances. I continued to serve as Union County Attorney and as attorney for the Town of Jonesville.
May 12, 2000 to date: Served as Judge of the Family Court for the Sixteenth Judicial Circuit, Seat No. 1."
Judge Guess reported the following judicial offices he has held:
"From 1980 through April 2000, I served as Special Referee, appointed by the Clerk of Court for Union County or the Judge of Sixteenth Judicial Circuit to hear non-jury cases involving mortgage foreclosures and other real estate related matters. These appointments were made on a case-by-case basis and jurisdiction was limited to the issues raised in those particular cases. In these cases I have been appointed by either the Clerk of Court or the Circuit Judge for the county in which the cases were filed, with the consent of the parties. My fees for acting as Special Referee have been paid by the parties to the various cases. Of these cases, no more than five consisted of contested cases where evidence was presented by both the plaintiff and the defendant. The remainder were default matters where the Special Referee received evidence adequate to support the allegations of the complaints filed."
I was elected to the Family Court of the Sixteenth Judicial Circuit, Seat No. 1, on February 9, 2000, was sworn into office on May 12, 2000 and have served in that office to date. The Family Court has statutory jurisdiction over all matters involving divorce and the collateral issues of custody, child support, property division, and alimony. This Court also has jurisdiction over juvenile criminal matters, school attendance and incorrigibility of children under the age of seventeen."
Judge Guess provided the following account of his five most significant orders or opinions:
"(a)   Baer v. Baer, 1998-DR-32-1413. This case involved a divorce after 27-year marriage, equitable division of property and alimony for a relatively high-income couple. The primary and significant issue was the income of the defendant husband who had been the chief executive officer of a large regional business corporation but who had lost that job and was working as a consultant in a local engineering firm. The plaintiff wife presented the testimony of a certified public accountant certified as a forensic accountant whose expertise consisted of tracing fraud in financial statements and other documents;
(b)   Wiley v. Wiley, 1999-DR-46-2338. This case was significant in that it included testimony of expert witnesses to determine the value of a private insurance agency owned by one of the parties as well as expert testimony to determine the income of the self employed husband for purposes of child support and alimony, taking into consideration the tax benefits associated with self employment, in the form of depreciation, automobile and travel expense deductions, etc.;
(c)   Piper v. Weaver and Small, 2000-DR-46-916. This case was significant in that it was the classic case wherein a grandparent was seeking visitation after the divorce of her son and the mother of the grandchildren. At the time of the trial the natural father of the children was in prison. Testimony included allegations of mistreatment or excessive corporal punishment of the children by the stepfather and disparagement of the mother and stepfather and alleged psychological abuse of the children by the father and the grandmother. Expert testimony was presented on the issue of psychological damage to the children as a result of the stress of the visitations with the grandmother and the father;
(d)   South Carolina Department of Social Services v. Robert Knip and Terry Knap, 2001-DR-46-372. This was a termination of parental rights case. It is significant as an example of the tragedy that results from substance abuse and addiction in families. At the time of the trial the natural father of the children was in prison after conviction for various drug charges. The natural mother had abandoned the children and did not appear for the trial. Both parents were admitted drug addicts and abusers and their addictions resulted in violence between the parents and abuse and abandonment of the children. Testimony was offered to the effect that the children themselves wanted the parental rights terminated. The ultimate tragedy in this case occurred when, after termination of parental rights, one of the children was a victim of a homicide in the foster home;
(e)   Kirby v. Kirby, 2001-DR-44-150. This case is significant in that it involved a wide array of issues which arise in the Family Court setting, including divorce on the ground of adultery by both parties and substance abuse by one; equitable division of property, some of which was acquired by gift or inheritance and had allegedly been transmuted into marital property; custody, split custody, child support and alimony made necessary by the unemployment and alleged substance abuse. In addition to the various issues presented, this case is significant as a illustration of tragedy of substance abuse as it affects families and children."
Judge Guess provided the following account of his unsuccessful candidacies for elective, judicial or other public office:
"Candidate for Family Court Seat No. 1, 16th Judicial Circuit. Screened by Joint Legislative Committee April 27, 1994, found qualified. Screened by South Carolina Bar Committee April 29, 1994, found qualified. Withdrew on May 23, 1994, prior to election scheduled for May 25, 1994."
(9)   Judicial Temperament:
The Commission believes that Judge Guess' temperament has been and would continue to be excellent.
(10)   Miscellaneous:
Judge Guess is married to Vanda Lee McLeod. He has two children.
Judge Guess reported that he was a member of the following bar associations and professional associations:
"(a)   South Carolina Bar;
(b)   Union County Bar Association;
(c)   S.C. Conference of Family Court Judges;
(d)   National Council of Juvenile and Family Court Judges."
Judge Guess provided that he was a member of the following civic, charitable, educational, social, or fraternal organizations:
"(a)   Member of Union Rotary Club for 20 years. Served as Director, Vice-President, President-elect and President for the year 1997-1998. Paul Harris Fellow;
(b)   Member of the Board of Directors of the Union County YMCA from 1986 through 1996. Performed legal work to incorporate the YMCA and while a member of the board served as Vice President for a number of years, and President for the year 1996. During years of service on YMCA board, the YMCA grew from a start-up organization meeting in a store front and using borrowed facilities to a full-time organization with 1,000 dues-paying members, a full-time professionally trained director and a modern facility consisting of gymnasium, outdoor swimming pool, shower and locker rooms and fully equipped weight room and fitness center. Served as Co-Chairman of the 1998 'YMCA Partners With Youth' fundraising campaign."
Judge Guess additionally reported the following information:
"I am 55 years old, have practiced law for 25 years and possess the health and maturity to serve effectively as a family court judge. I have been extensively involved in the affairs of the community and believe I possess the respect and credibility required of the family court as an institution."
The Commission found Judge Guess qualified and nominated him for re-election to the Family Court bench.

Circuit Court for the Sixteenth Judicial Circuit, Seat 1
Commission's Findings:   QUALIFIED AND NOMINATED

Pursuant to S.C. Code Ann. Section 2-19-40, the Commission waived the public hearing for Judge Hayes since his candidacy for re-election was uncontested and no complaints were received.
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge John C. Hayes, III meets the qualifications prescribed by law for judicial service as a Circuit Court judge.
Judge Hayes was born on October 18, 1945. He is 58 years old and a resident of Rock Hill, South Carolina. Judge 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 1971.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge Hayes.
Judge 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.
Judge Hayes reported that he has not made any campaign expenditures.
Judge 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.
Judge 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 Judge Hayes to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.
Judge Hayes described his continuing legal or judicial education during the past five years as follows:
"01/25/02   17th Annual Criminal Law Update;
05/08/02   Circuit Judges' Annual;
08/22/02   Judicial Conference;
09/29/02   2002 S.C. Solicitor's Conference;
01/26/01   Criminal Law Update;
05/09/01   S.C. Circuit Judges Conference;
08/23/01   Judicial Conference;
08/16/00   Annual Judicial Conference;
05/10/00   S.C. Circuit Court Judges;
01/21/00   15th Annual Criminal;
01/06/00   Criminal Law Update;
01/22/99   14th Annual Criminal Law Update;
01/08/99   That Was The Year That Was;
05/12/99   Circuit Court Judges Meeting;
01/09/98   Seminar of Circuit and Family Court Judges for Administrative Purposes;
01/09/98   1997: That Was The Year That Was;
08/20/98   Judicial Conference;
09/27/98   1998 Annual S.C. Solicitor's Association Conference;
05/13/98   Circuit Court Judges Association Meeting."
Judge Hayes reported that he has taught the following law-related courses:
"I have been on programs for the Solicitors Association, the South Carolina Trial Lawyers Association, the South Carolina Defense Trial Lawyers Association, and the South Carolina Bar's CLE Division."
Judge Hayes reported that he has published the following:
"(a)   Mail Fraud-22 SCLR 434 (1970);
(b)   Torts-IntraFamily Immunity 21 SCLR 813 (1969)."
(4)   Character:
The Commission's investigation of Judge Hayes did not reveal evidence of any founded grievances or criminal allegations made against him. The Commission's investigation of Judge Hayes did not indicate any evidence of a troubled financial status. Judge Hayes has handled his financial affairs responsibly.
The Commission also noted that Judge 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:
Judge Hayes reported that his last available Martindale-Hubbell rating was "BV."
Judge Hayes reported the following regarding military service:
"U.S. Army Reserve, E-6, 1968-1974; Honorably discharged; NCO of the Year (1973)."
Judge Hayes reported his public service as follows:
"Solicitor, City of Rock Hill, appointed (approx. one year);
South Carolina House of Representatives, 1980-1984, Elected;
South Carolina Senate, 1984-1991, Elected;
South Carolina Coastal Council (Fifth Congressional District) 1980, Elected."
(6)   Physical Health:
Judge Hayes appears to be physically capable of performing the duties of the office he seeks.
(7)   Mental Stability:
Judge Hayes appears to be mentally capable of performing the duties of the office he seeks.
(8)   Experience:
Judge Hayes was admitted to the South Carolina Bar in 1971.
Judge Hayes gave the following account of his legal experience since graduation from law school:
"1971-1972:   Law Clerk for Chief Justice Joseph R. Moss
1972-1991:     Hayes, Brunson and Gatlin
General Practice. My practice was primarily civil litigation. I also, throughout my practice, handled worker's compensation cases, social security disability cases, simple wills, and some estates. I have also handled real estate transactions including title searches and loan closings.
1991-present:   Circuit Court Judge."
Judge Hayes reported the following significant orders:
"(a)   Burbach v. Investors Management Corp., 326 S.C. 492, 484 S.E.2d 119;
(b)   Glaze v. Grooms, 324 W.E. 249, 478 S.E.2d 841;
(c)   Blanket order and summary judgment orders in Greenville County asbestos cases set for November 2001. (Total: over 200);
(d)   Keith L. Simpson v. State, 97-CP-42-1911, Unreported;
(e)   State v. Thurman O'Neil Smith, 2002 GS-46-2525 and 2526, Unreported."
Judge Hayes stated that he ran unsuccessfully for the Court of Appeals in 2003.
(9)   Judicial Temperament:
The Commission believes that Judge Hayes' temperament has been and would continue to be excellent.
(10)   Miscellaneous:
The Piedmont Citizens Committee found Judge Hayes to be eminently qualified for re-election to the Circuit Court bench.
Judge Hayes is married to Sarah Lynn Hayes. He has six children.
Judge Hayes reported that he was a member of the following bar associations and professional associations:
"(a)   S.C. Bar."
The Judicial Merit Selection Commission found Judge Hayes qualified and nominated him for re-election as a Circuit Court judge.

Family Court for the Fourth Judicial Circuit, Seat 1
Commission's Findings:   QUALIFIED AND NOMINATED

Pursuant to S.C. Code Ann. Section 2-19-40, the Commission waived the public hearing for Judge Henderson since his candidacy for re-election was uncontested and no complaints were received.
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Roger E. Henderson meets the qualifications prescribed by law for judicial service as a Family Court judge.
Judge Henderson was born on October 12, 1949. He is 54 years old and a resident of Chesterfield, South Carolina. Judge Henderson 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 Henderson.
Judge Henderson 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 Henderson reported that he has not made any campaign expenditures.
Judge Henderson 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 Henderson 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 Henderson to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.
Judge Henderson described his continuing legal or judicial education during the past five years as follows:
"I have attended all conferences organized by South Carolina Court Administration for all Judges as well as for Chief Judges for Administrative purposes. I have also attended all meetings of the South Carolina Conference of Family Court Judges and the annual Family Court Bench/Bar JCLE seminar.
(a)   Seminar for Circuit and Family Court Judges for Administrative Purposes, 01/09/98;
(b)   Governor's Conference on Youth Crime, 03/05/98;
(c)   Family Court Judges Conference, 05/21/98;
(d)   Family Law Midyear Meeting, 01/23/98;
(e)   Annual Judicial Conference, 08/20/98;
(f)   Family Court Bench/Bar Seminar, 11/06/98;
(g)   Family Law Section-Midyear Meeting, 01/22/99;
(h)   Family Court Judges Conference, 05/19/99;
(i)   Annual Judicial Conference, 08/19/99;
(j)   Governor's Conference on Youth, 03/01/99;
(k)   S.C. Bench/Bar Seminar, 12/03/99;
(l)   Annual Judicial Conference, 08/16/00;
(m)   Family Court Judges Conference, 05/03/00;
(n)   S.C. Bench/Bar Seminar, 12/01/00;
(o)   Family Law Section-Midyear Meeting, 01/26/01;
(p)   Family Court Judges Conference, 05/03/01;
(q)   Orientation School for New Judges, 07/02/01;
(r)   Annual Judicial Conference, 08/23/01;
(s)   WestLaw Computer Training, 11/02/01;
(t)   S.C. Bench/Bar Seminar, 12/07/01;
(u)   Family Law Section Midyear Meeting II Taxes, 01/25/02;
(v)   Family Court Judges Conference, 05/01/02;
(w)   Annual Judicial Conference, 08/22/02;
(x)   Orientation School for New Judges, 07/08/02;
(y)   S.C. Bench/Bar Seminar, 12/06/02;
(z)   Family Court Judges Conference, 04/30/03;
(aa)   Family Law Midyear Meeting, 01/24/03;
(bb)   Annual Judicial Conference, 08/21/03."
Judge Henderson reported that he has taught the following law-related courses:
"(a)   I lectured at a CLE seminar on October 21, 1994, on the subject of jury selections, as part of the 'Successful Civil Litigation: Hot Tips From The Experts' program;
(b)   I lectured at the 1997 Conference of Chief Judges for Administrative Purposes and the 1997 Annual Judicial Conference on the subjects of Civil and Criminal Contempt and Courtroom Security;
(c)   I was a co-presenter of the Family Law Update at the 2000 Annual Judicial Conference;
(d)   I was co-lecturer at the 2000 Orientation School for New Family Court Judges, concerning the areas of Court Rules, Alimony and Equitable Division;
(e)   I lectured on New Issues in Family Court at the 2001 Family Court Judges Conference;
(f)   I was co-lecturer at the 2001 Orientation School for New Family Court Judges, concerning the areas of Court Rules, Alimony and Equitable Division;
(g)   I was co-lecturer at the 2002 Orientation School for New Family Court Judges, concerning the areas of Pendent Lite Hearings, Domestic Abuse cases and Pro se Litigants."
Judge Henderson reported that he has not published any books or articles.
(4)   Character:
The Commission's investigation of Judge Henderson did not reveal evidence of any founded grievances or criminal allegations made against him. The Commission's investigation of Judge Henderson did not indicate any evidence of a troubled financial status. Judge Henderson has handled his financial affairs responsibly.
The Commission also noted that Judge Henderson was punctual and attentive in his dealings with the Commission, and the Commission's investigation did not reveal any problems with his diligence and industry.
(5)   Reputation:
Judge Henderson reported that his last available Martindale-Hubbell rating was "AV."
Judge Henderson reported the following regarding his military service:
"May 1971-May 1977, United States Army Reserves, Specialist Fourth Class; Honorable Discharge."
(6)   Physical Health:
Judge Henderson appears to be physically capable of performing the duties of the office he seeks.
(7)   Mental Stability:
Judge Henderson appears to be mentally capable of performing the duties of the office he seeks.
(8)   Experience:
Judge Henderson was admitted to the South Carolina Bar in 1978.
Judge Henderson provided the following account of his legal experience since graduation from law school:
"In 1978, I returned to Chesterfield and began the general practice of law with my father-in-law, the late Edward McIver Leppard. He retired in 1982 and I continued a solo general practice until 1985 when I formed a partnership with William O. Spencer, Jr. We continued a general practice of law until I was elected to the bench in May 1995. During this period of time we added an associate, Mary Thomas Johnson, in May of 1993. In 1985, I began to concentrate my practice in the areas of Family Law, Criminal Law, and Personal Injury."
Judge Henderson provided the following list of his significant orders or opinions:
"(a)   Terry R. Housley v. Diane Housley, Case No. 99-DR-43-1937. Decree of Divorce (Qualified Domestic Relations Order);
(b)   Charles Tyrone Courtney v. Carol Lynn W. Courtney, Case No. 97-DR-42-1170. Final Decree of Divorce;
(c)   Leslie Douglas Stewart v. Susan Fellows Van Epps, Case No. 95-DR-16-0712. Decree of Divorce and Order for Custody;
(d)   Robin S. Cain v. Loyd M. Cain, Case No. 99-DR-16-1632. Divorce Decree;
(e)   Marlboro County Department of Social Services v. Carol and Billy Chestnut, Case No. 98-DR-34-244. Filed May 15, 2001. Final Order Termination of Parental Rights."
Judge Henderson reported the following prior judicial position held by him:
"1978-1982, Assistant Recorder and Recorder for the Town of Chesterfield, supervised by Mayor and Town Council. Major responsibilities were to issue warrants and preside over Recorder's Court."
Judge Henderson reported that he has never been an unsuccessful candidate for elective, judicial, or other public office.
(9)   Judicial Temperament:
The Commission believes that Judge Henderson's temperament has been and would continue to be excellent.
(10)   Miscellaneous:
The Pee Dee Citizens Committee reported that Judge Henderson was qualified for re-election to the Family Court bench. The committee recommended Judge Henderson without reservation.
Judge Henderson is married to Sarah Jane Leppard. He has three children.
Judge Henderson reported that he was a member of the following bar associations and professional associations:
"(a)   Chesterfield County Bar Association;
(b)   South Carolina Bar;
(c)   South Carolina Conference of Family Court Judges-Currently serve as President; August 2002-August 2003 served as Vice-President; August 2001-August 2002 served as Treasurer."
Judge Henderson provided that he was a member of the following civic, charitable, educational, social, or fraternal organizations:
"(a)   Named to Chesterfield Marlboro Technical College's Hall of Fame (Currently known as Northeastern Technical College);
(b)   Coach Chesterfield Dixie Youth Baseball teams;
(c)   Coach Chesterfield Recreation Dept. Football team."
The Commission found Judge Henderson qualified and nominated him for re-election to the Family Court bench.

Circuit Court for the Thirteenth Judicial Circuit, Seat 4
Commission's Findings:   QUALIFIED AND NOMINATED
(1)   Constitutional Qualifications:
Based on the Commission's investigation, D. Garrison Hill meets the qualifications prescribed by law for judicial service as a Circuit Court judge.
Mr. Hill was born on July 14, 1964. He is 39 years old and a resident of Greenville, South Carolina. Mr. Hill 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 1990. Mr. Hill is also licensed to practice law in the District of Columbia.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Mr. Hill.
Mr. Hill 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. Hill reported that he has made $71.79 in campaign expenditures for postage and mailing expenses.
Mr. Hill 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. Hill 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. Hill to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.
Mr. Hill described his continuing legal or judicial education during the past five years as follows:
"08/97   Representing The Accused in a Capital Trial;
10/97     Representing a Public Body;
01/98     Construction Law;
01/98     Trial and Appellate Advocacy;
06/98     Government Law;
11/98     Environmental Issues in EPA U.S. Region IV;
06/99     Trial and Appellate Advocacy;
06/99     Government Law;
11/99     Discovery Ethics;
01/00     Trial and Appellate Advocacy;
05/00     Cool Tips from the Hottest Domestic Experts;
06/00     Trial and Appellate Advocacy;
11/00     Developments in Water and Wastewater Law;
02/01     Construction Contracting for Public Entities;
03/01     Doing Business with S.C. Local Governments;
11/01     Auto Torts;
12/02     Local Government Law;
08/03     Appellate Advocacy;
08/03     Federal and State Legislative Update."
Mr. Hill reported that he has taught the following law-related courses:
"I have been a panelist and presenting speaker at the following CLE programs:
(a)   Doing Business With South Carolina Local Governments, S.C. Bar CLE, 2001;
(b)   Construction Contracting for Public Entities in South Carolina, Lorman Seminars, 2001;
(c)   Appellate Advocacy, S.C. Bar CLE, 2000;
(d)   Representing a Public Body, S.C. Bar CLE, 1997;
(e)   Freedom of Information Act Update, S.C. Ass'n of Counties CLE, 1999.
In the early 1990's I also taught one paralegal course on criminal procedure and one (regrettably for the students) on real estate law."
Mr. Hill reported that he has published the following:
"Books:
Doing the Public's Business: Quick Guide for South Carolina Officials (2001) (with Leo H. Hill). This book is designed for lay members of state and local government boards and commissions. It discusses parliamentary procedure, the State Ethics Act, and the South Carolina Freedom of Information Act.
Articles:
(a)   Recent Changes to the South Carolina Freedom of Information Act, South Carolina Lawyer, May/June 1999;
(b)   The Fourth Amendment, Substance Abuse and Drug Testing in the Public Sector, South Carolina Lawyer, May/June 1997;
(c)   Mayhem, 7 S.C. Juris. 213 (1991);
(d)   Direct Criminal Contempt, South Carolina Lawyer, Sept./Oct. 1992.
From approximately 1994 to 1998 I served on the editorial board of the South Carolina Lawyer magazine published by the S.C. Bar. I also served as Editor-in-Chief of this publication for three of these years.
I also published three student Notes in Volume 40 of the South Carolina Law Review (1988). These Notes involved examination of recent state Supreme Court cases and Fourth Circuit cases dealing, respectively, with post-conviction relief, the sixth amendment right to counsel, and federal civil procedure."
(4)   Character:
The Commission's investigation of Mr. Hill did not reveal evidence of any founded grievances or criminal allegations made against him. The Commission's investigation of Mr. Hill did not indicate any evidence of a troubled financial status. Mr. Hill has handled his financial affairs responsibly.
The Commission also noted that Mr. Hill 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. Hill reported that his Martindale-Hubbell rating was "AV." He further reported: "I am also listed in the Martindale-Hubbell Register of Pre-Eminent Lawyers."
(6)   Physical Health:
Mr. Hill appears to be physically capable of performing the duties of the office he seeks.
(7)   Mental Stability:
Mr. Hill appears to be mentally capable of performing the duties of the office he seeks.
(8)   Experience:
Mr. Hill was admitted to the South Carolina Bar in 1990.
Mr. Hill provided the following account of his legal experience since graduation from law school:
"After graduating from U.S.C. Law School in 1989, I served as law clerk to Judge Billy Wilkins of the U.S. Court of Appeals for the Fourth Circuit. In this capacity, I assisted the Judge in preparing cases for oral argument, preparing memoranda on appeals and motions, and preparing draft opinions and orders.
In 1990, I joined the law firm of Hill, Wyatt and Bannister in Greenville. I became a partner in the firm in 1994. The character of my practice was general, including handling on almost all types of civil litigation, domestic cases, and criminal defense. The firm also served as counsel to a number of governmental entities, including special purpose districts and several cities. A broad client base allowed me to try cases in nearly every court and tribunal, including magistrate court, probate court, family court, administrative tribunals, arbitration panels, general sessions, common pleas, and federal district court. I also handled numerous appeals in both state and federal court.
In 2000, I started the law firm of Hill & Hill L.L.C. with my father, Leo H. Hill. I have continued to have a wide practice area, but with more emphasis now on business litigation and representation of governmental bodies."
Mr. Hill further provided regarding his criminal law experience:
"As a law clerk to Judge Wilkins, I worked on many federal criminal appeals as well as habeas corpus petitions (including death penalty convictions). The first ten years I was in private practice approximately 25% to 35% of my cases involved criminal defense. I represented clients through all stages of the criminal process: arraignment, bond hearings, motion hearings, trials, sentencing, appeal, probation revocation hearings, and parole hearings. I tried misdemeanor and felony cases in state court, and was counsel in three murder trials. I also tried felony criminal cases in federal court. I have also handled post-conviction relief cases, argued many criminal appeals in the South Carolina Court of Appeals, the South Carolina Supreme Court, and the U.S. Court of Appeals for the Fourth Circuit, and handled several Petitions for Writ of Certiorari to the United States Supreme Court.
During the past five years, I have for example handled drug cases, bank robbery cases, driving under the influence and other traffic matters, arson prosecutions, and other general criminal matters. Two of the most recent criminal appeals I handled involved effective life sentences."
Mr. Hill provided the following regarding his civil law experience:
"My experience in civil matters in the past five years includes personal injury cases, product liability, premises liability, employment law, constitutional cases, Section 1983 actions, prosecution and defense of mechanics' liens, contract actions, condemnations, construction disputes, partition actions, environmental cases, insurance coverage disputes, domestic litigation, workers' compensation actions, annexations, public procurement, probate litigation, and various types of appeals. I have also served as a mediator and an arbitrator.
My civil practice primarily includes business litigation and representing governmental bodies. I represent both plaintiffs and defendants. Part of my governmental practice includes the civil enforcement of violations of ordinances enacted under the federal Clean Water Act and state pollution control statutes.
While I believe my experience in both criminal and civil matters has prepared me well to preside over such matters as a Circuit Judge, I am keenly aware that such a position would require me to learn and acquire new skills and constantly update my legal education."
Mr. Hill reported the frequency of his court appearances during the last five years as follows:
"(a)   Federal:   Until around 2000, I was appearing in federal court in criminal matters several times per month. My civil appearances are infrequent as most settle prior to trial, although I typically have several pending civil cases in federal court.
(b)   State:   Once or more each week."
Mr. Hill reported the percentage of his practice involving civil, criminal, and domestic matters during the last five years as follows:
"(a)   Civil:   65%;
(b)   Criminal:   15%;
(c)   Domestic:   20%."
Mr. Hill reported the percentage of his practice in trial court during the last five years as follows:
"(a)   Jury:   Not more than 10%. Like most trial attorneys, most of my litigation cases begin as potential jury trials but settle before trial;
(b)   Non-jury:   The remaining 90% of my practice in trial court consists of motion practice and bench trials."
Mr. Hill provided that he most often served as sole counsel.
The following is Mr. Hill's account of his five most significant litigated matters:
"(a)   American Heart Association, et al. v. County of Greenville, et al., 331 S.C. 498, 489 S.E.2d 921 (1997). In this case I represented pro bono the American Heart Association and the American Cancer Society. These two charities were the residuary beneficiaries under the Will of Mrs. Kate Jackson, the widow of Baseball Legend Joseph "Shoeless Joe" Jackson. The charities sought possession and ownership of the Mr. Jackson's original Last Will and Testament, on the ground that it was an asset that passed to Mrs. Jackson at her husband's death. The original was extremely valuable, as it contained one of the few known genuine signatures of "Shoeless Joe", who rarely gave autographs. Experts contend that an original "Shoeless Joe" signature is the third most valuable signature in the world, outranked only by that of Martin Luther and Button Gwinnett, a Georgia signer of the Declaration of Independence. The charities wanted to auction the original Will and use the proceeds for medical research. Although we lost the case, it was significant to me because of the uniqueness of the parties, the subject matter and the legal principles involved;
(b)   United States v. Carnell Sanders. Early in my career I was fortunate to be on a list of qualified attorneys willing to accept appointments to represent indigent defendants in federal court. This gave me a great opportunity to gain valuable experience trying cases in federal court. Around 1993, I represented Mr. Sanders in a bank robbery case. The jury acquitted Mr. Sanders. Judge Joe Anderson has been kind enough to include my closing argument in Mr. Sanders' case in his book, The Lost Art: An Advocate's Guide to Effective Closing Argument (S.C. Bar CLE Division 2002);
(c)   State v. Joseph Sheppard. This was a death penalty case tried over a two-week period. The jury returned a life sentence. The case was significant to me because it gave me an appreciation of the death penalty trial process, and the difficulties the parties, the victims, the prosecution, the defense, the judge, the clerk's office and (perhaps most of all) the jurors confront during these intense trials. The case also involved challenging legal issues, including substantive change of venue and Jackson v. Denno issues, expansive voir dire, and other matters;
(d)   SCDOT v. Antonakos. I represented the Landowner in this condemnation case that arose out of construction of the 'Southern Connector' toll road in Greenville County. The case was significant because the jury returned a sizeable verdict in favor of the Landowner, and the trial also involved some novel issues under the Eminent Domain Procedures Act, S.C. Code Section 28-2-10 et seq;
(e)   In Re: Safety Kleen Litigation. This class action case, which is still pending in federal district court for the district of South Carolina, involves allegations of securities fraud, corporate wrongdoing, and other causes of action on behalf of certain Safety Kleen shareholders. I serve as local counsel to one of the lead Plaintiffs."
The following is Mr. Hill's account of five civil appeals he has personally handled:
"(a)   Poole v. Incentives Unlimited, Inc., 338 S.C. 271, 525 S.E.2d 898 (S.C. Supreme Court June 4, 2001);
(b)   Nedrow v. Pruitt, 336 S.C. 668, 521 S.E.2d 755 (S.C. Court of Appeals September 13, 1999);
(c)   Nalley v. Nalley, 53 F.3d 649 (4th Cir. 1995);
(d)   Thomas v. Cooper River Park, 322 S.C. 32, 471 S.E.2d 170 (S.C. Supreme Court November 4, 1996);
(e)   McCleer v. City of Greer, (S.C. Court of Appeals 2002) (unpublished)."
Mr. Hill provided the following list of criminal appeals he has personally handled:
"(a)   United States v. Holmes, et al., 2002 WL 440225 (4th Cir. 2002);
(b)   State v. Anders, 331 S.C. 474, 503 S.E.2d 443 (S.C. Supreme Court July 20, 1998);
(c)   State v. Harry, 321 S.C. 273, 468 S.E.2d 76 (S.C. Court of Appeals February 5, 1996);
(d)   State v. Thrift, 312 S.C. 282, 440 S.E.2d 341 (S.C. Supreme Court January 17, 1994) (on brief);
(uUnited States v. Winchester, 993 F.2d 229 (4th Cir. 1993)."
Mr. Hill reported that he has never been an unsuccessful candidate for elective, judicial, or other public office.
(9)   Judicial Temperament:
The Commission believes that Mr. Hill's temperament would be excellent.
(10)   Miscellaneous:
The Upstate Citizens Committee reported that Mr. Hill exceeded the evaluative criteria established by the Judicial Merit Selection Commission and was qualified for election to the Circuit Court bench.
Mr. Hill is married to Amanda Page Toussaint. He has two children.
Mr. Hill reported that he was a member of the following bar associations and professional associations:
"(a)   South Carolina Bar; President, Government Law Section 1998-99; Member, House of Delegates, 1997-current;
(b)   District of Columbia Bar;
(c)   S.C. Trial Lawyers Association;
(d)   Greenville County Bar Association; Member, Executive Committee, 2001-current."
Mr. Hill provided that he was a member of the following civic, charitable, educational, social, or fraternal organizations:
"(a)   Greenville County Literacy Association, Board of Directors;
(b)   YMCA Camp Greenville, Board of Directors;
(c)   Greenville Country Club;
(d)   Poinsett Club;
(e)   Greenville Downtown Rotary Club."
Mr. Hill reported that he is a member of and currently the chairman of the City of Greenville Board of Zoning Appeals, to which he was appointed in 2000. He states that if he is elected to this judicial position, then he will resign from the Greenville Board of Zoning Appeals.
The Commission commented that Mr. Hill is an outstanding candidate for a judgeship, and that he would have an excellent temperament as a jurist. They noted that his business law practice and experience as a mediator would enhance his ability to serve as a Circuit Court judge. The Commission found Mr. Hill qualified and nominated him for election to the Circuit Court.

Family Court for the Twelfth Judicial Circuit, Seat 3
Commission's Findings:   QUALIFIED AND NOMINATED
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Frederick A. Hoefer, II meets the qualifications prescribed by law for judicial service as a Family Court judge.
Mr. Hoefer was born on November 20, 1954. He is 49 years old and a resident of Florence, South Carolina. Mr. Hoefer provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1980.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Mr. Hoefer.
Mr. Hoefer 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. Hoefer reported that he has not made any campaign expenditures.
Mr. Hoefer 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. Hoefer 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. Hoefer to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.
Mr. Hoefer described his continuing legal or judicial education during the past five years as follows:
"01/24/03     Criminal Law Update, S.C. Bar;
03/21/03     Accident Litigation, LBCI;
06/13-14/03   Bar Examiners Workshop, NCBE;
09/05/03     Difficult Clients, SCACDL;
09/19/03     Hot Tips-Domestic, S.C. Bar;
09/27/02     S.C. Tort Law Update, S.C. Bar;
10/18/02     Ethical Issues/Appointed Cases, FCBA;
12/13/02     Tips From The Bench, S.C. Bar;
01/26/01     Criminal Law Update, S.C. Bar;
10/26/01     Legal Ethics 3, FCBA;
01/21/00     Criminal Law Update, S.C. Bar;
10/20/00     Ethics, FCBA;
01/22/99     Criminal Law Update, S.C. Bar;
05/14/99     Cumulative Wisdom, SCACDL;
10/22/99     Touchdown Ethics, S.C. Bar."
Mr. Hoefer reported that he has taught the following law-related courses:
"(a)   South Carolina Bar CLE (Ethics) Clemson University, October 2, 1999;
(b)   Florence County Bar Association (Ethical Issues in Appointed Cases), October 18, 2002;
(c)   Williamsburg County Bar Association (Ethics in Appointed Cases), March 6, 2003;
(d)   Florence County Bar Association (Ethics in Guardian ad litem appointments), pending October 31, 2003."
Mr. Hoefer reported that he has not published any books or articles.
(4)   Character:
The Commission's investigation of Mr. Hoefer did not reveal evidence of any founded grievances or criminal allegations made against him. The Commission's investigation of Mr. Hoefer did not indicate any evidence of a troubled financial status. Mr. Hoefer has handled his financial affairs responsibly.
The Commission also noted that Mr. Hoefer 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.
At the public hearing, Mr. Hoefer addressed the complaint filed against him with the Grievance Commission in April 1988 which alleged that Mr. Hoefer placed false and prejudicial statements before the court during a defendant's bond hearing. The matter was dismissed. Mr. Hoefer has also been asked by the Board of Commissioners to respond to three other letters of complaint, which were all dismissed.
(5)   Reputation:
Mr. Hoefer reported that his Martindale-Hubbell rating was "BV."
(6)   Physical Health:
Mr. Hoefer appears to be physically capable of performing the duties of the office he seeks.
(7)   Mental Stability:
Mr. Hoefer appears to be mentally capable of performing the duties of the office he seeks.
(8)   Experience:
Mr. Hoefer was admitted to the South Carolina Bar in 1980.
Mr. Hoefer provided the following account of his legal experience since graduation from law school:
"August 1980 to July 1982:
Law Clerk to Honorable John H. Waller, Jr.;
July 1982 to June 1987:
Assistant Solicitor, Twelfth Judicial Circuit;
June 1987 to present:
Harwell, Ballenger & DeBerry (Now Harwell, Ballenger, Barth & Hoefer, L.L.P.) This is a general practice law firm representing clients in civil (state and federal), domestic, criminal (state and federal), workers compensation, real estate and general litigation matters."
Mr. Hoefer further reported regarding his legal experience:
"As an assistant solicitor, I represented the Department of Social Services in child abuse and neglect matters as well as prosecuted juvenile matters in the family court. Since entering private practice, I have represented juveniles in family court and have routinely represented both individual parties and Guardians ad litem in child abuse and neglect cases. I routinely represent litigants in divorce, equitable division, and child custody matters as well. Because adoptions have become fairly specialized, I do not represent parties other than to serve as Guardian ad litem for attorneys handling these cases. I also serve, by court appointment, as Guardian ad litem in child custody cases on a regular basis."
Mr. Hoefer reported the frequency of his court appearances during the last five years as follows:
"(a)   Federal:   10%;
(b)   State:   90%."
Mr. Hoefer reported the percentage of his practice involving civil, criminal, and domestic matters during the last five years as follows:
"(a)   Civil:   30%;
(b)   Criminal:   40%;
(c)   Domestic:   30%."
Mr. Hoefer reported the percentage of his practice in trial court during the last five years as follows:
"(a)   Jury:   20%;
(b)   Non-jury:   80%."
Mr. Hoefer provided that he most often served as sole counsel.
The following is Mr. Hoefer's account of his five most significant litigated matters:
"(a)   State v. John R. Baccus, 00-GS-33-004. Case noticed as a death penalty case, tried as murder/burglary; currently on appeal;
(b)   State v. Reggie James, 97-GS-21-955. Murder, client acquitted;
(c)   State v. Helmer Charles Green, 94-GS-21-1168. Murder, client acquitted;
(d)   State v. Lorenzo Jones and Melvin Riles, 342 S.C. 121, 536 S.E.2d 675 (S.Ct. 2000); see also 331 S.C. 228, 500 S.E.2d 499 (S.C. App. 1998), cert. granted 1999;
(e)   Felicia Watson v. Angus Poole, 329 S.C. 232, 495 S.E.2d 236 (S.C. App.1998). Child custody case, served as Guardian ad litem for the child."
The following is Mr. Hoefer's account of criminal appeals he has personally handled:
"(a)   State v. Lorenzo Labelle Jones and Melvin Patrick Riles, 342 S.C. 121, 536 S.E.2d 675 (S.Ct. 2000);
(b)   State v. Lorenzo Labelle Jones and Melvin Patrick Riles, 331 S.C. 228, 500 S.E.2d 499 (S.C. App. 1998), cert. granted 1999."
Mr. Hoefer reported that he was appointed by the Governor, with advice and consent of the Senate, to the State of South Carolina Ethics Commission from September 1992 to June 1998. He served as Chair from December 1993 until June 1998.
(9)   Judicial Temperament:
The Commission believes that Mr. Hoefer's temperament would be excellent.
(10)   Miscellaneous:
The Pee Dee Citizens Committee reported that Mr. Hoefer is a "well-respected member of the Florence County Bar. The Committee found Mr. Hoefer to have a wide variety of experience as a 'general' practitioner. He was found to be very pleasant and those members who have practiced with Mr. Hoefer noted that he is cooperative, even tempered but dedicated to the pursuit of his clients' interests. During his interview, Mr. Hoefer expressed a desire to serve in a fair, impartial and efficient manner if elected to the Family Court bench. Based on our investigation and interview, the Committee finds that Mr. Hoefer is qualified for election to the Family Court."
Mr. Hoefer is married to Tamara Bashor Hoefer. He has two children.
Mr. Hoefer reported that he was a member of the following bar associations and professional associations:
"(a)   South Carolina Bar;
(b)   U.S. District Court Bar;
(c)   Florence County Bar Association;
(d)   American Bar Association;
(e)   American Trial Lawyers Association;
(f)   South Carolina Trial Lawyers Association;
(g)   National Association of Criminal Defense Lawyers;
(h)   South Carolina Association of Criminal Defense Lawyers."
Mr. Hoefer provided that he was a member of the following civic, charitable, educational, social, or fraternal organizations:
"(a)   Florence Soccer Association, Inc., President."
Mr. Hoefer additionally provided:
"I am a member of the South Carolina Board of Law Examiners. (I have the assigned areas of Domestic Relations and Equitable Remedies.) I am certified as a circuit civil mediator and arbitrator. Additionally, I am death penalty certified pursuant to Rule 608, SCACR."

The Commission commented that Mr. Hoefer was noted by the Bar to be an "even-tempered" attorney. They also noted that he was a well-rounded and a highly-respected practitioner. The Commission found Mr. Hoefer qualified and nominated him for election to the Family Court bench.

Circuit Court for the Thirteenth Judicial Circuit, Seat 4
Commission's Findings:   QUALIFIED AND NOMINATED
(1)   Constitutional Qualifications:
Based on the Commission's investigation, David W. Holmes meets the qualifications prescribed by law for judicial service as a Circuit Court judge.
Mr. Holmes was born on January 25, 1953. He is 50 years old and a resident of Simpsonville, South Carolina. Mr. Holmes 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 Mr. Holmes.
Mr. Holmes 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. Holmes reported that he has made $11.48 in campaign expenditures for postage and stationery.
Mr. Holmes 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. Holmes 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. Holmes to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.
Mr. Holmes described his continuing legal or judicial education during the past five years as follows:
2003:
I am planning to attend the following 3 seminars: 1) S.C. Local Government Attorney's Institute, 2) Court-Enforced Secret Settlements Symposium, and 3) "Alternative Dispute Resolution;"
2002:

09/18     "SoftPro 2002 Training;"

10/02     "Estate Planning after the 2001 Tax Reform Act;"

11/12     Claims Underwriting Seminar Chicago Title Insurance Co;

12/13     "Basics in Civil, Criminal and Domestic Law."
2001:
I had taken 52 hours of CLE in 2000, which partially carried forward to 2001;
2000:

08/31     "DUI 101 for the Prosecutor;"

11/09     "Title Agent Fraud Prevention;" "Enhanced Protections for Residential Homeowners;" "Underwriting Claims and Policy Production Problems;" "New Computer-based Services for Title Agency;"

12/04-08   Supreme Court approved 40-hour Civil Mediation training;
1999:

04/05     Victims Rights and the Criminal Justice System;"

11/10     Claims Underwriting Seminar Chicago Title Insurance Co.;

12/10     S.C. Local Government Attorney's Institute:

"Practice Before South Carolina Administrative Law Judges;" "Ethics Act Issues and the Governmental Attorney;" "Confidentiality, Personnel Changes, and Ethical Issues;" "Recent Labor Law Developments;" "Case Law Update;" "Y2K Legislation and Its Impact on Governmental Entities;" "Smart Growth;" "Brownfields: A Primer."
1998:

11/05     "Risk Management in the Law Office;" "Attorney Trust Accounts;" "Title Insurance;"

11/21     "Ethical Consideration of Supreme Court Practice;"

12/04     Municipal Attorney's Association;

12/11     S.C. Local Government Attorney's Institute:

"Who is My Client?;" "Ethics Act Issues & the Governmental Attorney;"   "Due Diligence and the Roles of the Parties in the Bond Process;" "The Use of Assessments for Bond Financing;" "The S.C. Freedom of Information Act;" "Labor & Employment Law;" "Case Law Update;" "On-Line Legal Research & the Internet."
Mr. Holmes reported that he has taught the following law-related courses:
"I have taught undergraduate Business Law in summer school. I have spoken to various high school student groups on Law Day and to various church groups on estate planning. I have spoken at the following seminars: Family Law Seminar (primarily for non-lawyers) focusing on Children's Issues in Family Court. The topics I spoke on included 'Role of Law Enforcement in Enforcing Court Orders, Protective Orders, Responding to Subpoenas, Preparing For Depositions, Preparing for Court/Testifying, What is 'Protected Information, Releases: Privileged vs. Confidential Information;' Construction Law Seminar: Design/Build seminar for architects and engineers. I spoke on the relative merit of a design build contract versus the traditional construction contract."
Mr. Holmes reported that he published the following:
"Equity, South Carolina Jurisprudence, 12 South Carolina Jurisprudence, Page 85 (1992)."
(4)   Character:
The Commission's investigation of Mr. Holmes did not reveal evidence of any founded grievances or criminal allegations made against him. The Commission's investigation of Mr. Holmes did not indicate any evidence of a troubled financial status. Mr. Holmes has handled his financial affairs responsibly. However, Mr. Holmes reported that a state tax lien was filed against him in 2000. He stated that he paid the lien on the same day that the lien was filed.
The Commission also noted that Mr. Holmes 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.
At the hearing, Mr. Holmes discussed the formal complaint filed against him by a client which was dismissed in August 2000. The complaint dealt with the settlement of a mechanics lien in a foreclosure case, with the client claiming he was coerced to settle. Mr. Holmes had been retained to defend client on the claim and the client had initially agreed to settle the claim but then later refused to sign the settlement agreement. Mr. Holmes stated that he advised the opposing counsel the settlement was off but counsel filed a Motion to Compel Settlement, which the court granted after a hearing.
(5)   Reputation:
Mr. Holmes reported that his Martindale-Hubbell rating was "BV."
Mr. Holmes also reported that he has served as City Attorney for the City of Simpsonville from 1987 to present. This is a yearly appointment.
(6)   Physical Health:
Mr. Holmes appears to be physically capable of performing the duties of the office he seeks.
(7)   Mental Stability:
Mr. Holmes appears to be mentally capable of performing the duties of the office he seeks.
(8)   Experience:
Mr. Holmes was admitted to the South Carolina Bar in 1981.
Mr. Holmes reported the following account of his legal experience since graduation from law school:
"5/81 to 12/91:   Farr & Holmes.
General civil trial practice in all courts, state and federal;
1987 to Present:   City Attorney for the City of Simpsonville, S.C.
This is an appointed position and I have been appointed every year. I provide general legal advice to the City Council and City staff, oversee litigation, and represent the City on all uninsured claims. I prepare and review resolutions, ordinances, and contracts. In addition, I serve as City Prosecutor. For the past 16 years, I have prosecuted the entire spectrum of cases from routine traffic cases to DUI, CDV, drug cases, and petty larceny.
1/92 to Present:   Holmes Law Firm. Sole Practitioner.
My practice continues in civil litigation, corporate law, construction litigation and municipal law. In addition, I have an active real estate practice. I consult with clients on business issues from drafting contracts to handling commercial litigation. I also handle domestic litigation. My trial practice is about equally divided between plaintiffs and defendants.
6/00 to 6/01:   Thirteenth Circuit Solicitor's Office.
Prosecuted cases on contract basis."
Mr. Holmes reported the following with regard to his experience in civil and criminal matters:
"CRIMINAL MATTERS:
I am the City Attorney for the City of Simpsonville, S.C. and have served in that position for approximately 16 years. A part of my duties requires me to act as City Prosecutor and as legal advisor to the City of Simpsonville Policy Department. I have prosecuted every type of misdemeanor case from disorderly conduct to DUI and Criminal Domestic Violence. In addition, from June 2000 to June 2001, I had a contract with the Thirteenth Circuit Solicitor's Office to prosecute Magistrate Court cases. I would guess that the criminal trials I prosecuted to a jury verdict number in the hundreds.
There may be a misconception that magistrate's and municipal court cases are 'minor' cases where the 'big court' rules do not apply. Nothing could be farther from the truth. While it is true that the "stakes" are not as high, all of the South Carolina Rules of Criminal Procedure apply, as do both the federal and state constitutions. Therefore, in these criminal prosecutions, I have had to argue due process issues, chain of custody, Miranda, Batson v. Kentucky motions, evidence testing procedures, etc. The dollar cost of a DUI conviction is quite high. As a result I have seen vigorous defenses made by quite capable defense attorneys who were not at all reluctant to raise every issue available to them to defend the client.
As City Prosecutor, I established a pretrial conference system that was ultimately adopted (with modifications) by the Solicitor's office. The pretrial conference system was so successful that approximately 65% of the cases, on average, were resolved at the pre-trial conference. The City's trial docket went from one full week per month of trials to two to three days a quarter. In addition, in my private practice, I have been retained in criminal cases. Those cases have run the gamut from lesser General Sessions cases to drug offense, burglary, assault and battery with intent to kill and criminal sexual conduct. However, all of these cases have either been resolved through a negotiated plea or dismissal. Therefore, I have not tried a General Sessions case to a jury.
In the past five years, I have handled the following types of cases:
Lewd Act on a Minor: My client was charged with having inappropriately touched his stepdaughter. This client came to me and confessed his misconduct. I assisted him in turning himself in and making a statement to authorities. He pled guilty to the charge and was sentenced to four years. I mention this case because it was so unusual: this client came to me wanting to put the matter behind him. He thought it would 'all go away' but he discovered that his stepdaughter was 'acting out' and he knew she needed help. The only way she could be helped was if he confessed what he had done and secured help for his stepdaughter.
Criminal sexual conduct: This case is currently awaiting trial. The client is alleged to have touched a foster child in his parent's home. Discovery has been completed and the case is pending trial.
Assault and Battery, High and Aggravated: The client was charged with having pistol whipped and having pointed a hand gun at a 'repo driver' who had come to his home to repossess his car. This case was resolved through a negotiated plea.
Criminal Domestic Violence, High and Aggravated: My client was charged with having caused physical injury to his daughter during an altercation. His daughter had gotten into trouble at school and was not doing well at home. These charges were ultimately dismissed.
While I recognize my lack of experience in not having tried a General Sessions case, I am thoroughly familiar with the process. I am not familiar with death penalty cases. However, if elected Circuit Judge, I would diligently work to become familiar with the process. Since I already understand the criminal process, its rules and more importantly, the constitutional protections and safeguards involved, I believe that I will be a competent and capable General Sessions trial judge.
CIVIL CASES:
As a sole practitioner, I have handled numerous civil cases in many areas. I represent both Plaintiffs and Defendants. My clients are individuals or small businesses. I have tried personal injury cases, defamation, construction cases, fraud and deceit, unfair trade practices, insurance bad faith, real estate issues, employment issues, professional malpractice, and shareholder disputes. I have handled administrative law cases before DHEC, DSS, the Dept. of Labor, Licensing and Regulation, and the South Carolina Procurement Board. I have also litigated issues in the Probate Court.
The personal injury cases have been from a simple car wreck case to a fatal burn case. I have represented both owners and contractors in construction litigation cases. I have successfully brought fraud and deceit cases ranging from an automobile salesman lying about the condition of a car to a claim against a contractor that had built my clients' home on a landfill. I represented the School District of Greenville County in a case against Greenville County in which the School District had alleged misfeasance in the handling of millions of dollars of bond proceeds. This case was tried for two days and ended with a settlement that was favorable to the School District.
As City Attorney, while the City is insured on most of the claims brought against it, I have still been involved in those cases by preparing for and assisting in the trial of the case. I have been involved in the negotiations of workers compensation settlements, employee handbook claims, equal protection claims, etc. I have represented the City in litigation where insurance coverage was not involved such as lawsuits to set aside annexations and eminent domain proceedings."
Mr. Holmes reported the frequency of his court appearances during the last five years as follows:
"(a)   Federal:   twice in the last 5 years;
(b)   State:   several times each month."
Mr. Holmes reported the percentage of his practice involving civil, criminal, and domestic matters during the last five years as follows:
"(a)   Civil:   75%;
(b)   Criminal:   5% (mostly prosecution);
(c)   Domestic:   20%."
Mr. Holmes reported the percentage of his practice in trial court during the last five years as follows:
"(a)   Jury:   10% (most civil cases are settled before trial);
(b)   Non-jury:   90%."
Mr. Holmes provided that he most often served as sole counsel.
The following is Mr. Holmes's account of his five most significant litigated matters:
"(a)   Kiriakides v. Atlas Food Systems & Services, Inc., 343 S.C. 587, 541 S.E.2d 257 (2001). I have been told that this case appears (or appeared) on the South Carolina Bar exam. I worked on this case, along with several other lawyers, for over five years. The trial lasted for a week. Preparation for trial took approximately 2 years. It is, I believe, the seminal case in South Carolina involving minority shareholder disputes. The case was bifurcated on the issues of liability and damages. The Supreme Court's opinion concerned the liability phase of the case. The damages phase had not been tried. After the Supreme Court remanded the case back to the trial court for trial on the damages issue, the case was settled just short of trial;
(b)   School District of Greenville County v. Greenville County. This case was important to the taxpayers of Greenville County. The School District funds construction with the issuance of general obligation bonds. But the bond proceeds must be paid over to the county treasurer and held until the School District is ready to draw the funds down. There were three years of bond issues involved from $38 million dollars in the first issue to over $40 million dollars in the last. The case arose in the first instance because of the adoption of a new governmental accounting standard, GASB 31. This required governmental entities to report the fair market value of its holdings on their financial statements as opposed to reporting them at their purchase price. The allegation was that the county had held the school district's money in illegal securities (violative of state statute) and that the value of the holdings had gone down. After two days of trial, the case was settled in a manner favorable to the school district;
(c)   Life Insurance Company of North America v. O'Neil, et al. This case was in filed in federal court in South Carolina. The case began as an ERISA case. I represented the children of a deceased man who claimed that their mother had poisoned him with arsenic in order to recover life insurance proceeds. The coroner's office determined that the death was a homicide. The witnesses in the case included a forensic toxicologist from SLED and a detective with the Greenville County Sheriff's Office. The jury returned a verdict for the mother. The trial court refused to allow a witness to testify that she had observed a woman matching the mother's description purchase pelletized rat poison that contained arsenic similar to poison that was found in the home. That homicide case is still open, 8 years later;
(d)   Palmetto State Medical Center v. Operation Lifeline, et al., 117 F.3d 142 (4th Cir.) 1997. A Greenville abortion clinic filed suit against 66 individuals in federal district court alleging that they had blockaded an abortion clinic. The claims involved RICO (Racketeering Influenced Corrupt Organizations Act), interference with civil rights, trespass, and various tort claims. This case is significant because of its use of the RICO statute in a civil case against abortion protestors. It is also significant in that I personally strongly oppose violations of the law in order to bring about civil change. During the trial most of the individual defendants were dismissed on a motion for directed verdict. However 4 individual defendants had verdicts returned against them, for, among other things, a RICO violation. Several other defendants were found liable for trespassing. This case remained on appeal before the 4th Circuit for over five years and it was argued twice. Ultimately, however, the 4th Circuit reversed the jury verdict against all of my clients;
(e)   Davis, et al. v. Greenville County, et al., 313 S.C. 459, 443 S.E.2d 383 (1994). In this case, the Greenville County municipalities sued Greenville County over tax inequities. The issue was whether or not city residents, who also pay county taxes, were being treated fairly by the county. City residents pay taxes to the county to support the Sheriff's Office and to maintain roads and bridges yet the County did not budget any money on city roads and bridges and the Sheriff's Office does not respond to calls for service within their corporate limits. The Supreme Court ruled that the South Carolina constitution does not mandate the equal distribution of tax dollars nor was the equal protection clause of the state and federal constitutions violated for the same reason. Therefore, while the distribution of the tax dollars may be inequitable, it is nonetheless constitutional."
The following is Mr. Holmes's account of five civil appeals he has personally handled:
"(a)   Kiriakides v. Atlas Food Systems & Services, Inc., 343 S.C. 587, 541 S.E.2d 257 (2001).
(b)   Palmetto State Medical Center v. Operation Lifeline, et al., 117 F.3d 142 (4th Cir. 1997).
(c)   Atlas Food Systems v. Crane National Vendors, 319 S.C. 556, 462 S.E.2d 858 (1995)
(d)   Bass v. Farr, 315 S.C. 400, 434 S.E.2d 274 (1993).
(e)   Estate of Chappell v. Gillespie, 327 S.C. 617, 491 S.E.2d 267 (Ct. App. 1997)."
Mr. Holmes reported the following unsuccessful candidacy:
"I was a candidate for Circuit Court, At-Large Seat 4 in 1997, but withdrew prior to judicial screening."
(9)   Judicial Temperament:
The Commission believes that Mr. Holmes' temperament would be excellent.
(10)   Miscellaneous:
The Upstate Citizens Committee reported that Mr. Holmes exceeded the evaluative criteria established by the Judicial Merit Selection Commission and was qualified to serve as a Circuit Court judge.
Mr. Holmes is married to Constance Jumper Holmes. He has two children.
Mr. Holmes reported that he was a member of the following bar associations and professional associations:
"(a)   South Carolina Bar Association;
(b)   Greenville County Bar Association."
Mr. Holmes provided that he was a member of the following civic, charitable, educational, social, or fraternal organizations:
"(a)   Miracle Hill Ministries. I am a member of the Board of Directors and have served as Chairman of the Board. For my work on this Board I was awarded the 1991 Policy Maker Volunteer of the Year Award by Volunteer Greenville;
(b)   Calvary Baptist Church, Simpsonville, South Carolina, former Adult Sunday School teacher and former member of the Finance Committee. Currently serve as Substitute Sunday School teacher;
(c)   Judge and attorney-coach for a number of years and had the privilege of coaching South Carolina Mock Trial Program for high schools. I have volunteered as judge for a team that won the State Championship;
(d)   Furman University Mock Trial. This is a regional intercollegiate mock trial competition. I have volunteered as a Judge for several years in this competition;
(e)   Thirteenth Judicial Circuit Resolution of Fee Disputes Board;
(f)   Poinsett Club, Greenville, S.C.;
(g)   University of South Carolina Alumni Association."
Mr. Holmes further provided:
"I believe that the breadth of my professional experiences in twenty-three years of law practice would benefit me as a Circuit Court Judge. I have practiced law in both the public and private sectors, appearing in every level of court in South Carolina and before state administrative and licensing agencies. I have argued appeals in both state appellate courts and the 4th Circuit Court of Appeals. I also am a trained mediator for Civil Court.
During my entire practice, I have either been 'solo' or I had one partner. Many of my clients are 'ordinary folks' from all socio-economic backgrounds who have the typical legal needs, like a real estate closing, family problems, or need 'just some advice.' That means that I have handled all kinds of legal issues for clients. I have written wills and powers of attorney. Sometimes, I have visited clients in the hospital or in their home to get their affairs in order while they were seriously or terminally ill.
But I also represent successful small and medium-sized businesses with 400+ employees who have retained me to handle all their legal needs. As an example, I represent a client who, 20 years ago, started a business in his garage and now has a successful manufacturing concern with millions of dollars in annual sales. I did everything from incorporating the client, helping the client develop a policy manual for employees, handling a major piece of litigation, to recently writing the contract for and closing on a multi-million dollar real estate transaction for a new manufacturing facility.
I have also represented several governmental agencies. Governmental agencies have vast legal needs and the issues they face are across the board. For example, the City of Simpsonville has 140 employees and a $16 million dollar budget and I have been involved in everything from writing ordinances, prosecuting cases in municipal court to handling litigation, providing training to the City's Boards and Commissions, negotiating contracts, and attending Council meetings. I have also filled in for the past eight months while the City has searched for a new Administrator.
For many years, I have been a member of the Thirteenth Judicial Circuit's Resolution of Fee Disputes Board. This board provides clients a means to file a complaint against their attorney about the fee they were charged. The attorney is bound by the findings of the board; the client is not. I have served as an 'assigned member' where I am required to investigate the claim and then submit a report of my findings along with a recommendation to the Circuit Chair. If the Circuit Chair agrees with my recommendation (and the fee in dispute is less than $5,000.00), my recommendation becomes final. I have also served on a hearing panel that decides fee disputes. I have, in some cases, found that the attorney was not entitled to all or a part of the fee in dispute. This has obviously been difficult. And while an attorney or a client may not agree with my recommendation, I can say unequivocally that in every case I have been diligent in my investigation.
I firmly believe in the principle that 'to whom much is given, much shall be required.' Despite a busy law practice, I have been involved in my community in various professional and civic activities. For several years I have been an Ask-a-Lawyer volunteer. About every other month at the Greenville office of Palmetto Legal Services, I spend a morning answering questions from people who have legal questions they need answered. We have resources we refer the caller to if further assistance is needed. This has been a very rewarding experience. I have participated in Bar programs such as high school mock trial and Law Day.
I have served for years on the Miracle Hill Board of Directors and have done legal work for the organization pro bono. I have not only contributed my time, but financial support as well. Miracle Hill provides shelters in 3 upstate counties; it has children's programs, educational programs, a shelter for women and children and a food bank. Miracle Hill distributes millions of pounds of food every year in the Upstate. I have personally been involved in the opening of every new facility during Miracle Hill's expansion into Spartanburg and Cherokee Counties.
I have also been a volunteer on short-term mission trips. On the last trip, I accompanied my wife (a Registered Nurse) and other medical personnel on a three-week medical mission team trip to Micronesia where we established a medical clinic on a remote island with primitive living conditions and little resources.
Respectfully, I believe that I am qualified for the position I seek. I appreciate the honor that it would be to serve the citizens of South Carolina as a Circuit Court judge and I appreciate this opportunity to be considered for the position."
The Commission noted that Mr. Holmes was thoughtful and well spoken at the hearing. The Commission also commented on Mr. Holmes' 23 years of varied experience practicing as an attorney and the fact that he has been actively involved in service to his community. He was found to be qualified and was nominated for election to the Circuit Court bench.

Circuit Court for the Thirteenth Judicial Circuit, Seat 4
Commission's Findings:   QUALIFIED, BUT NOT NOMINATED
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Robert N. Jenkins, Sr. meets the qualifications prescribed by law for judicial service as a Circuit Court judge.
Judge Jenkins was born on August 8, 1947. He is 56 years old and a resident of Traveler's Rest, South Carolina. Judge Jenkins provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1976.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge Jenkins.
Judge Jenkins demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.
Judge Jenkins reported that he has not made any campaign expenditures.
Judge Jenkins testified he has not:
(a)   sought or received the pledge of any legislator prior to screening;
(b)   sought or been offered a conditional pledge of support by a legislator;
(c)   asked third persons to contact members of the General Assembly prior to screening.
Judge Jenkins testified that he is aware of the Commission's 48-hour rule regarding the formal and informal release of the screening report.
(3)   Professional and Academic Ability:
The Commission found Judge Jenkins to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.
Judge Jenkins described his continuing legal or judicial education during the past five years as follows:
Orientation for new Family Court Judges (1996);
Annual Judicial Conference with emphasis on current legal development in Family Law (1996-2003);
Annual Family Court Judges Conference, current updates in areas of interest in Practice and Procedure and Substantive Development in Family Law (1996-2001, 2003);
National Council of Juvenile and Family Court Judges, Reno, Nevada Annual Conference (1998, 2001, 2003);
Evidence In Juvenile and Family Court (1998);
Advanced Family Law (1997);
National Judicial College General Jurisdiction (2000);
S.C. Bar Criminal Law Comprehensive Review (1999).
Judge Jenkins reported "I have taught the Juvenile Law/Pre-Trial Diversion Course through the sponsorship of the Department of Youth Services and the local Solicitor's Office. It was a ten (10) week course designed to teach juveniles between ages 13-16 responsible civil conduct under the law; giving them exposures through site visits and guest presenters on law enforcement functions, (1986-88). I have served as a presenter for the SBA COMMITTEE for Indigent Representation on the topic on Judicial Responses to PRO SE Representation (1998). I have served as a presenter for the Family Court Judges Conference on topic of Judicial Ethics. (1998)."
Judge Jenkins reported that he has not published any books or articles.
(4)   Character:
The Commission's investigation of Judge Jenkins did not reveal evidence of any founded grievances or criminal allegations made against him. The Commission's investigation of Judge Jenkins did not indicate any evidence of a troubled financial status. Judge Jenkins has handled his financial affairs responsibly.
The Commission also noted that Judge Jenkins was punctual and attentive in his dealings with the Commission, and the Commission's investigation did not reveal any problems with his diligence and industry.
(5)   Reputation:
Judge Jenkins reported that he was not rated by Martindale-Hubbell.
Judge Jenkins reported his prior service in the military as follows:
"8/66 -5/69, Reg. Air Force, E-5 (Staff Sergeant), active reserve, 6/69-8/72; Honorable Discharge, 8/72."
Judge Jenkins also reported his prior public office positions:
"(a)   1979-1996, Director, Legal Services Agency of Western Carolina, Inc.;
(b)   1984-86, State Advisory Committee on Workers Compensation Laws;
(c)   1990-1996, Board of Directors, South Carolina Protection and Advocacy System for the Handicapped, Inc.;
(d)   1991-1996, The Citadel Board of Visitors."
(6)   Physical Health:
Judge Jenkins appears to be physically capable of performing the duties of the office he seeks.
(7)   Mental Stability:
Judge Jenkins appears to be mentally capable of performing the duties of the office he seeks.
(8)   Experience:
Judge Jenkins was admitted to the South Carolina Bar in 1976.
Judge Jenkins provided the following account of his legal experience since graduation from law school:
"1976-79:   Engaged in the active practice of law as a Staff Attorney/Managing Attorney with Legal Services Agency headquartered in Charleston, South Carolina (NLAP, Inc.). Provided direct legal assistance to indigent clients in the areas of Family Law (50%), State/Federal Housing Law (20%), State/Federal Public Benefit Laws (15%), and State/Federal Consumer Law involved in Claim & Delivery and Deficiency Suits (10)%). Other areas of service provided included the preparation of wills and deeds; power of attorneys for clients financial affairs. Yearly caseload exceeded 300 cases. In this position, I also coordinated the expansion of offices to Georgetown, Kingstree, and Beaufort Counties. In addition, coordinated the attorneys' weekly office schedule for client intake and served as the office liaison with the local courts. The office yearly caseload exceeded 5,000 cases.
1979-95:   Engaged in the active practice of law as an Attorney/Administrator titled: Director/General Counsel for Legal Services Agency of Western Carolina, Inc. in Greenville South Carolina. Fifty percent of time was devoted to client practice in association with 13 staff attorneys in the areas of: Family Law Practice (50%), Federal Consumer Law (10%) and other legal services associated with the practice of Poverty Law. I was responsible for the legal services provided through offices located in Greenville, Anderson, and Greenwood, serving those areas and the adjoining counties of Edgefield, McCormick, Abbeville, Oconee, and Pickens. The yearly total caseload exceeded 4,000 cases. Served as legal counsel for numerous local community organizations whose missions are to improve the lives of people in poverty. Examples include: Greenville's Child, Inc., Save Our Sons, Neighborhoods In Action, The Neighborhood Economic Development Corporation, and Brockwood Senior Housing Corporation. Served as an attorney member on the Kellogg Bar & Bench Sub-Committee of Judicial Administrative Policy, recommending Family Court Rule changes affecting disposition of cases where the State is involved in establishing permanent placement for Foster Care children (1993-on-going). I was responsible for the hiring and training of all staff attorneys. I was responsible for public relations with the court system and the community. I served as liaison to the local state and national bar associations. I was responsible for managing a yearly operating budget of over one million dollars and served as the general counsel for the corporation's financial affairs with state/federal government and other regulating bodies."
Judge Jenkins reported the frequency of his court appearances prior to being elected to a judgeship as follows:
"(a)   Federal:   Not frequent;
(b)   State:   Frequent."
Judge Jenkins reported the percentage of his practice involving civil, criminal, and domestic matters prior to being elected to a judgeship as follows:
"(a)   Civil:   65%;
(b)   Criminal:   0%;
(c)   Domestic:   35%."
Judge Jenkins reported the percentage of his practice in trial court prior to being elected to a judgeship as follows:
"(a)   Jury:   2%;
(b)   Non-jury:   98%."
Judge Jenkins provided that he served as sole counsel 60% and associated counsel, 40%.
The following is Judge Jenkins's account of his most significant litigated matters prior to serving as a judge:
"(a)   Fieldcrest Tenants Association, et al. v. Housing Authority of Greenville, U.S. District Ct., Greenville, 1980. This case involved the prosecution of Due Process rights of public housing tenants against irregular conduct and practices of public housing management in setting improper rent, improper assessments for maintenance repairs and causing wide spread evictions for improper reasons. Prosecuted as a class action, the matter was successfully resolved by court consent in favor of all families living in Greenville Public Housing. It resulted in better management practices which gave proper respect for the leasehold right of public tenants;
(b)   John Plumley, et al. v. School District of Greenville and State Board of Education, U.S. 4th Cir. (Unpublished 1982, #81-1894). This case was important because right to attorney's fees by staff lawyers were permitted at reasonable levels where prosecution is successful under Section 1983 of the federal civil statute;
(c)   Greenville Housing Auth. v. Jessie Salters, 316 S.E.2d. 718 (S.C. 1084). This case is important because it involved preventing a 64 year old lady who lived in public housing all her life from being made homeless by ejectment action of the housing authority based on circumstances beyond her control;
(d)   Jenkins, et al. v. American Modern Homes, et al., 90-10-5549 (Cir. Ct.-Charleston County). This case involved seeking to enforce proper hazard insurance coverage for Hugo related damages against a claim of exclusion due to alleged flood damages. The issues were successfully resolved in clients favor after extensive discovery and trial preparation, thus preventing a homeless outcome for clients (1990);
(e)   Hatchcock and Shuly v.Tammy McKensie, 94-CP-23-1336 (Cir. Ct. Greenville) on Supersedeas to S.C. Supreme Court. This case involved the enforcement of clients right to continue possession of premises under the HUD Section 8 Housing Subsidy Program against improper ejectment proceeding brought by landlord. The Client's mental condition complicated resolution of the issues (client is covered under the American With Disabilities Act (ADA).) Case resolved favorable to interest of client (1994)."
The following is Judge Jenkins's account of five civil appeals he has personally handled prior to serving as a judge:
"(a)   Creel v. Miles, In re: Dianne Mary Miles, Supreme Court unpublished memorandum #79-179. This case involved an unsuccessful attempt to get practical compliance with the ten-day hearing rule in cases where a minor has been taken into protective custody through DSS and law enforcement to protect rights of the parent;
(b)   Fieldcrest Tenants Association, et al. v. Housing Authority of Greenville, U.S. Dist. Ct., Greenville, 1980. This case involved the prosecution of Due Process rights of public housing tenants against irregular conduct and practices of public housing management in setting improper rent, improper assessments for maintenance repairs and causing wide spread evictions for improper reason. Prosecuted as a class action, the matter was successfully resolved by court consent in favor of all families living in Greenville Public Housing. It resulted in better management practices which gave proper respect or the leasehold rights of public tenants;
(c)   John Plumley, et al. v. School District of Greenville and State Board of Education, U.S. 4th Cir. (Unpublished 1982, #81-1894). This case was important because right to attorneys fees by staff lawyers were permitted at reasonable levels where prosecution is successful under Section 1983 of the federal civil statute;
(d)   Greenville Housing Auth. v. Jessie Salters, 316 S.E.2d. 718 (S.C. 1984) This case is important because it involved preventing a 65 year old lady who lived in public housing all her life from being made homeless by ejectment action of the housing authority based on circumstances beyond her control;
(e)   Hatchcock and Shuly v. Tammy McKensie, 94-CP-23-1336 (Cir. Ct. Greenville) on Supersedeas to S.C. Supreme Court. This case involved the enforcement of clients right to continue possession of premises under the HUD Section 8 Housing Subsidy Program against improper ejectment proceeding brought by landlord. The Client's mental condition complicated resolution of the issues (client is covered under the American With Disabilities Act (ADA)). Case resolved favorable to interest of client (1994)."
The following is a list of Judge Jenkins' five most significant orders or opinions:
"(a)   Rourk v. Rourk, 95-DR-95-08-1178, Charleston T.P.R (Private Action), (Termination of Parental Rights). The decision disallows termination based on application of S.C. law;
(b)   Wham v. Simpson, et al., Greenville, 96-DR-23-5756, T.P.R (Private Action), (Termination of Parental Rights). The decision disallows termination based on application of S.C. law;
(c)   Simons v. Simons, Greenville, 98-DR-23-550, 98-DR-23-1819 (Private marital litigation involving issues of divorce, custody, child support, equitable division of property and debts, and attorney fees). The decision voids a purported agreement due to unequal bargaining position and legal unrepresentation of the wife. It allows issues to be presented after the wife obtained competent representation;
(d)   SCDSS v. Evans, et al., Greenville, 95-DR-23-5300, 97-DR-23-1073, T.P.R. (Public Action), (Termination of Parental Rights). The decision allows termination based on S.C. law application;
(e)   SCDSS v. Sturkey, et al., Greenville, 99-DR-23-258, T.P.R. (Public Action), (Termination of Parental Rights). The decision allows termination based on S.C. law application, S.C. Court of Appeals, 4/22/99, Opinion #99, affirms."
Judge Jenkins reported the following unsuccessful candidacies:
"Candidate for At-Large Seat #9, Circuit Court 2002; withdrew before formal election. Candidate for Resident Seat #2 Circuit Court of Greenville, February 2000; withdrew before formal election. Candidate for Judicial Seat #3, Family Court, Greenville County (Thirteenth Judicial Circuit-January 1992)."
(9)   Judicial Temperament:
The Commission believes that Judge Jenkins' temperament has been and would continue to be excellent.
(10)   Miscellaneous:
The Upstate Citizens Committee reported that Judge Jenkins met the evaluative criteria established by the Judicial Merit Selection Commission and was qualified to serve on the Circuit Court bench.
Judge Jenkins is married to Margaret Helen Rivers Jenkins. He has two children.
Judge Jenkins reported that he was a member of the following bar associations and professional associations:
"(a)   South Carolina Bar Association, member of the Economics of Law Practice Division;
(b)   South Carolina Black Lawyers Association, member; served as its Treasurer 1976-1980;
(c)   Greenville Bar Association, dues paying member;
(d)   American Bar Association, member; served on the Economics of Law Practice Group;
(e)   South Carolina Legal Services Advisory Group, served as Chairman 1983-1996;
(f)   National Project Advisory Group for Legal Services, served as S.C. representative (1983-1996)."
Judge Jenkins provided that he was a member of the following civic, charitable, educational, social, or fraternal organizations:
"(a)   Allen Temple A.M.E. Church, Board of Trustees; Assist Superintendent of Sunday School; Member, Finance Commission;
(b)   Association of Citadel Men, member;
(c)   Northwest (Travelers Rest) YMCA, board member, 1996-2002;
(d)   Goodwill Industries (Greenville) Board, member, 2000-present."
Judge Jenkins further provided:
"(a)   Concurrent Resolution #S698 from the State Legislature for Outstanding Service as a Governor Appointee to the State Committee for Improvement of Workers Compensation Law, 1987;
(b)   Certification of Appreciation Award from the State Department of Youth Services for teaching the Pre-Trial Diversion Class for Juvenile, 1985;
(c)   Columbia University School of Law, Completed two weeks course in Civil Procedure taught by Judge J. Weinstein, 1982;
(d)   Leadership South Carolina, 1983 Graduate;
(e)   Leadership Greenville, 1982 Graduate;
(f)   Executive Leadership Course, Center for Creative Leadership, Greensboro, North Carolina, 1989;
(g)   Received Board Member of the Year Award for board and legal services work for Greenville's Child, Inc., 1993;
(h)   Received Outstanding Attorney Award for legal services rendered to the Save Our Sons, Inc., 1994. Save Our Sons is a non-profit community-based organization dedicated to reducing the rate of incarceration of African-American male juveniles by working with the Family Court System and judges as an alternative placement for structured mentoring and development;
(i)   Coordinated the establishment of the Libra Society, a local volunteer organization for lawyers to give pro-bono service to indigent clients through Legal Services of Western Carolina, Inc. and the State Bar Pro-Bono Program. This has resulted in more than 115 lawyers from Greenville and Pickens Counties serving on referral panels to serve the Family and Probate Courts in the 13th Judicial Circuit;
(j)   Judicial member appointed by the Chief Justice to serve on the Commission of Judicial Conduct, 1996-present;
(k)   Member, Family Court Judges Advisory Committee, 1996-2001;
(l)   Chief Administrative Judge for Family Court for the 13th Judicial Circuit (Greenville and Pickens Counties from 1/99 to 12/99);
(m)   Faculty member, Family Court Judges Orientation Classes, 2000/2001;
(n)   Selected as one of 12 honorees on the 2001 BellSouth African American Calendar for the State of South Carolina;
(o)   Selected as the 2001 recipient of the Greenville County Human Relations Commission's R. Cooper White Award for Equality and Justice."
The Commission noted Judge Jenkins' history of dedicated public service to the citizens of this State through his work as an attorney with Legal Services and now on the Family Court Bench. They found Judge Jenkins qualified for service as a Circuit Court judge.

Circuit Court for the Fifteenth Judicial Circuit, Seat 1
Commission's Findings:   QUALIFIED AND NOMINATED
Pursuant to S.C. Code Ann. Section 2-19-40, the Commission waived the public hearing for Judge John since his candidacy for re-election was uncontested and no complaints were received.
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Steven H. John meets the qualifications prescribed by law for judicial service as a Circuit Court judge.
Judge John was born on December 1, 1953. He is 50 years old and a resident of Little River, South Carolina. Judge John provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1978.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge John.
Judge John demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.
Judge John reported that he has not made any campaign expenditures.
Judge John testified he has not:
(a)   sought or received the pledge of any legislator prior to screening;
(b)   sought or been offered a conditional pledge of support by a legislator;
(c)   asked third persons to contact members of the General Assembly prior to screening.
Judge John testified that he is aware of the Commission's 48-hour rule regarding the formal and informal release of the screening report.
(3)   Professional and Academic Ability:
The Commission found Judge John to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.
Judge John described his continuing legal or judicial education during the past five years as follows:
"(a)   2003 - to date:   21.00 JCLE Hours;
(b)   2002:       35.45 JCLE Hours;
(c)   2001:       23.2 JCLE Hours;
(d)   2000:       43.75 CLE Hours;
(e)   1999:       45.02 CLE Hours;
2002:   01/25     17th Annual Criminal Law Update;

08/01     SCTLA Annual Convention;

05/08     SCACJ Circuit Judges Annual Meeting;

08/22     SCCA Judicial Conference;

09/30     S.C. Solicitors Conference;

10/02     SCSA Association meeting;
2003:   05/07     SCACJ S.C. Circuit Court Judges Meeting;

01/24     18th Annual Criminal Law Update;

01/24     First Annual Civil Law Update;

08/21     Judicial Conference."
Judge John reported that he has not taught or lectured at any bar association conferences, educational institutions, or continuing legal or judicial education programs.
Judge John reported that he has not published any books or articles.
(4)   Character:
The Commission's investigation of Judge John did not reveal evidence of any founded grievances or criminal allegations made against him. The Commission's investigation of Judge John did not indicate any evidence of a troubled financial status. Judge John has handled his financial affairs responsibly.
The Commission also noted that Judge John was punctual and attentive in his dealings with the Commission, and the Commission's investigation did not reveal any problems with his diligence and industry.
(5)   Reputation:
Judge John reported that his last available Martindale-Hubbell rating was "BV."
(6)   Physical Health:
Judge John appears to be physically capable of performing the duties of the office he seeks.
(7)   Mental Stability:
Judge John appears to be mentally capable of performing the duties of the office he seeks.
(8)   Experience:
Judge John was admitted to the South Carolina Bar in 1978.
Judge John gave the following account of his legal experience since graduation from law school:
Law clerk to the Honorable Sidney T. Floyd, Resident Judge, Fifteenth Judicial Circuit, 1978-1980;
Private Trial Practice, 1981-May 2001. Opened solo practice in N. Myrtle Beach, South Carolina in 1986, having an active trial practice in all of the State Courts. In Civil Court, cases ranging from contracts to automobile accidents to multi-million dollar construction cases; Criminal Court, cases ranging from traffic offenses to court appointed defense in death penalty cases; Family Court, cases from uncontested divorces to all manner of contested family disputes;
Court Appointed Special Referee in the Circuit Court, appointed by Judges Sidney T. Floyd and David H. Maring, Sr., in over fifty (50) cases;
Certified Circuit Court Arbitrator, by South Carolina Supreme Court Board of Arbitration;
Court Appointed Mediator in the Fifteenth Judicial Circuit, appointed by Judges Sidney T. Floyd and David H. Maring, Sr., in over fifty (50) cases;
Court Appointed Guardian ad Litem in disputed child custody cases in the Family Court of the Fifteenth Judicial Circuit, in over One Hundred (100) cases;
City of North Myrtle Beach Zoning Board, 1993-May, 2001;
Pro Bono Lawyer for Horry County Disabilities and Special Needs Agency, 1993-May, 2001;
Judge John was elected to the Circuit Court for the Fifteenth Judicial Circuit, Seat 1, on May 30, 2001.
Judge John reported the following regarding his unsuccessful candidacies:
"In 1998 I filed as a candidate for Seat #2 of the Circuit Court, Fifteenth Judicial Circuit. I was qualified as one of the three (3) candidates by the Judicial Merit Selection Commission for this seat. At-Large Judge Paula Thomas was the eventual successful candidate. In the fall of 1998, I filed as a candidate for At-Large Seat #1 of the Circuit Court of the State of South Carolina. I withdrew as a candidate for this seat which the Honorable John Milling won by acclamation. In 1999, I filed as a candidate for At-Large Seat #8 of the Circuit Court of South Carolina. I was rated as qualified but not selected for this seat which the Honorable Kenneth G. Goode won by acclamation."
(9)   Judicial Temperament:
The Commission believes that Judge John's temperament has been and would continue to be excellent.
(10)   Miscellaneous:
The Pee Dee Citizens Committee found Judge John to be qualified for re-election to the Circuit Court bench. The committee recommended Judge John without reservation.
Judge John is married to Susan Watts John. He has one child.
Judge John reported that he was a member of the following bar associations and professional associations:
"(a)   South Carolina Bar Association, 1978 to present;
(b)   Horry County Bar Association, 1978-2001, active;
(c)   Horry County Bar Association, 2001 to present; Honorary."
Judge John provided that he was a member of the following civic, charitable, educational, social, or fraternal organizations:
"(a)   Rotary International, 1987-present; Rotary Club of North Myrtle Beach, 1987-2002; Rotary Club of Conway, 2003-present. I have been a member of the Rotary Club of North Myrtle Beach Board of Directors and held numerous committee chairmanships. I am also a Paul Harris Fellow and a Sustaining Member and have received the perfect attendance award each year since joining in 1987;
(b)   Optimist International and local North Myrtle Beach Club, 1987-1996. I was a member of the Board of Directors and held various officer positions;
(c)   Citadel Alumni Association and Citadel Brigadier Club, both 1975-present;
(d)   Horry County Citadel Club, 1980-present;
(e)   University of South Carolina Gamecock Club, 1978-present."
The Commission found Judge John qualified and nominated him for re-election to the Circuit Court bench.

Family Circuit for the Thirteenth Judicial Circuit, Seat 4
Commission's Findings:   QUALIFIED AND NOMINATED

Pursuant to S.C. Code Ann. Section 2-19-40, the Commission waived the public hearing for Judge Johnson since his candidacy for re-election was uncontested and no complaints were received.
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Alvin D. Johnson meets the qualifications prescribed by law for judicial service as a Family Court judge.
Judge Johnson was born on June 18, 1961. He is 42 years old and a resident of Pickens, South Carolina. Judge Johnson provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1986.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge Johnson.
Judge Johnson 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 Johnson reported that he has not made any campaign expenditures.
Judge Johnson 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 Johnson 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 Johnson to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.
Judge Johnson described his continuing legal or judicial education during the past five years as follows:
"SCCA Family Court Judges Conference, May 21, 1998;
SCTLA 1998 Annual Convention, August 13, 1998   ;
SCCS Judicial Conference, August 20, 1998;
S.C. Bar Family Law Section, Midyear Meeting, January 22, 1999;
Family Court Judges' Assn. Conference, May 19, 1999;
SCTLA Annual Convention, August 5, 1999;
SCCA Judicial Conference, August 19, 1999;
S.C. Bar Family Law Section, January 21, 2000;
Family Court Judges' Assn. Conference, May 3, 2000;
SCTLA Annual Convention, August 3, 2000;
SCCA Annual Judicial Conference, August 16, 2000;
S.C. Bar Family Law Section, January 26, 2001;
SCCA Family Court Judges, May 5, 2001;
S.C. Bar Family Law Section II, January 25, 2001;
Family Court Judges Assn. Conference, May 1, 2002;
SCCA Judicial Conference, August 22, 2002;
SCCA Judicial Conference, August 2003;
S.C. Bar Annual Meeting, January 23, 2003;
S.C. Family Court Judges Annual Meeting, April 30, 2003."
Judge Johnson reported that he has lectured on the Family Court System at North Greenville College.
Judge Johnson reported that he has not published any books or articles.
(4)   Character:
The Commission's investigation of Judge Johnson did not reveal evidence of any founded grievances or criminal allegations made against him. The Commission's investigation of Judge Johnson did not indicate any evidence of a troubled financial status. Judge Johnson has handled his financial affairs responsibly.
The Commission also noted that Judge Johnson was punctual and attentive in his dealings with the Commission, and the Commission's investigation did not reveal any problems with his diligence and industry.
(5)   Reputation:
Judge Johnson reported that he was not rated by Martindale-Hubbell when he was a practicing attorney.
(6)   Physical Health:
Judge Johnson appears to be physically capable of performing the duties of the office he seeks.
(7)   Mental Stability:
Judge Johnson appears to be mentally capable of performing the duties of the office he seeks.
(8)   Experience:
Judge Johnson was admitted to the South Carolina Bar in 1986.
Judge Johnson gave the following account of his legal experience since graduation from law school:
"August 1986 -February 1996:
Acker, Welmaker and Johnson, P.A.
When I joined the firm as an associate in August of 1986, the name of the Firm was Acker, Acker, Floyd and Welmaker, P.A. I became a partner in 1990 and the name of the Firm was changed to Acker, Floyd, Welmaker and Johnson, P.A. When the Honorable Henry F. Floyd became a Circuit Judge, the firm name was changed to Acker, Welmaker and Johnson, P.A.
At the law firm, I was basically a trial attorney. Initially, I did about an equal amount of civil litigation and family court work. However, in the last five years of my law practice, about sixty percent (60%) of my practice, or more, has been in Family Court.
On April 26, 1996 I was sworn in as the Resident Family Court Judge for Seat #4 of the Thirteenth Judicial Circuit. Since that date, I have continuously served as a Family Court judge."
Judge Johnson reported that his five most significant orders or opinions include:
"(a)   Debbie Lea Allen Bell v. Lansford Charles Bell, 95-DR-39-1265;
(b)   South Carolina Department of Social Services v. John Doe, 95-DR-39-1548;
(c)   State of South Carolina v. (Juvenile), 96-JU-39-181;
(d)   Patricia Riley Morris v. Ronnie Dean Morris, 95-DR-23-4870;
(e)   Cheryl Moyer Dillman Kenneth Lew Dillman, 99-DR-39-1312."
Judge Johnson reported that he has had no other employment while serving as a judge.
Judge Johnson reported that he has never been an unsuccessful candidate for elective, judicial, or other public office.
(9)   Judicial Temperament:
The Commission believes that Judge Johnson's temperament has been and would continue to be excellent.
(10)   Miscellaneous:
The Upstate Citizens Committee reported that Judge Johnson met the established criteria and was qualified for re-election to the Family Court.
Judge Johnson is not married. He has three children from a prior marriage.
Judge Johnson reported that he was a member of the following bar associations and professional associations:
"(a)   South Carolina Bar Association; 1986 to present;
(b)   Pickens County Bar Association; 1986 to present, President 1990-1992."
Judge Johnson provided that he was a member of the following civic, charitable, educational, social, or fraternal organizations:
"(a)   Pickens County Chapter of the American Red Cross, member 1993 to March of 1994;
(b)   Pickens-Liberty Lions Club, member from 1991 to 1992;
(c)   East Pickens Baptist Church, 1997 to January 1994, Sunday School teacher for College and Career from 1991 to 1993;
(d)   Griffin Baptist Church, January 1994 to present;
(e)   North Greenville College Board of Trustees, elected by the South Carolina General Assembly;
(f)   Baptist Convention to a five-year term in 1991 for term ended December of 1996. During the last two years of my term I was elected by the full Board as Vice-Chairperson. After having been nominated the Nominating Committee of the South Carolina Baptist Convention, I served another five year term beginning 1998 until 2002."
Judge Johnson additionally provided:
"I am seeking re-election to this position that I have held since my swearing in on April 26, 1996. Since taking this office, I have strived to treat each litigant fairly and to always do what is in the best interests of any minor children involved in the matter. Prior to my election, I have approximately ten-years experience in Family Court matters and it was not unusual for me to be in family court every day of the week when it is in session. Also, I graduated summa cum laude from Wofford College and was in the top fifteen (15%) percent of my law school class. I feel that I have the ability to be impartial and treat all litigants fairly. Moreover as a father of three children, I understand the love of a parent for a child and the need to protect these precious gifts from God. If re-elected to this position, I will continue to strive to do what is best for the children and citizens of this State."
The Commission found Judge Johnson qualified and nominated him for re-election as a Family Court judge.

Family Court for the Fifteenth Judicial Circuit, Seat 2
Commission's Findings:   QUALIFIED AND NOMINATED

Pursuant to S.C. Code Ann. Section 2-19-40, the Commission waived the public hearing for Judge Kinon since her candidacy for re-election was uncontested and no complaints were received.
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Lisa A. Kinon meets the qualifications prescribed by law for judicial service as a Family Court judge.
Judge Kinon was born on October 4, 1958. She is 45 years old and a resident of Conway, South Carolina. Judge Kinon provided in her application that she has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1985.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge Kinon.
Judge Kinon 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 Kinon reported that she has not made any campaign expenditures.
Judge Kinon testified she has not:
(a)   sought or received the pledge of any legislator prior to screening;
(b)   sought or been offered a conditional pledge of support by a legislator;
(c)   asked third persons to contact members of the General Assembly prior to screening.
Judge Kinon testified that she is aware of the Commission's 48-hour rule regarding the formal and informal release of the screening report.
(3)   Professional and Academic Ability:
The Commission found Judge Kinon to be intelligent and knowledgeable. Her performance on the Commission's practice and procedure questions met expectations.
Judge Kinon described her continuing legal or judicial education during the past five years as follows:
"May 21, 1998   Family Court Judges Conference;
January 23, 1998   S.C. Bar Family Law Seminar;
August 20, 1998   Judicial Conference;
January 22, 1999   S.C. Bar Family Law Seminar;
May 19, 1999   Family Court Judges Conference;
March 5, 1999   Horry County Bar Family Court Seminar;
August 19, 1999   Judicial Conference;
January 21, 2000   S.C. Bar Family Law Seminar;
August 16, 2000   Judicial Conference;
March 3, 2000   Horry County Bar Family Court Seminar;
May 3, 2000   Family Court Judges Conference;
October 5, 2000   Horry County Bar Family Court Seminar;
December 1, 2000   Family Court Bench Bar;
January 26, 2001   S.C. Bar Family Law Seminar;
May 3, 2001   S.C. Family Court Judges;
August 21, 2001   Horry County Family Court Seminar;
August 23, 2001   Judicial Conference;
May 1, 2002   Family Court Judges Conference;
January 25, 2002   S.C. Bar Family Law Seminar;
August 22, 2002   Judicial Conference;
January 23, 2003   S.C. Bar Annual Meeting;
August 20, 2003   S.C. Judicial Conference Annual Meeting;
December 5, 2003   Family Court Bench/Bar CLE;
December 9, 2003   Horry County Family Court Seminar."
Judge Kinon reported that she has taught the following law-related courses:
"(a)   August 21, 2001, Horry County Family Court Seminar;
(b)   May 2001, Chief Administrative Judges Top Ten List;
(c)   October 13, 2000, Issues in Domestic Violence;
(d)   October 5, 2000, Horry County Bar Family Court Seminar;
(e)   March 3, 2000, Horry County Bar Family Court Seminar;
(f)   March 5, 1999, Horry County Bar Family Court Seminar;
(g)   March 1998, Women of Achievement, Girl Scout Council;
(h)   November 1997, DSS Foster Parent Banquet;
(i)   Annually address the lay Guardian ad Litem Program for guardians used in Department of Social Services abuse and neglect cases;
(j)   Annually address Juvenile Auxiliary Probation Officers."
Judge Kinon reported that she has not published any books or articles.
(4)   Character:
The Commission's investigation of Judge Kinon did not reveal evidence of any founded grievances or criminal allegations made against her. The Commission's investigation of Judge Kinon did not indicate any evidence of a troubled financial status. Judge Kinon has handled her financial affairs responsibly.
The Commission also noted that Judge Kinon 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 Kinon reported that she was not rated by Martindale-Hubbell.
Judge Kinon reported that she has never held any other office than judicial office.
(6)   Physical Health:
Judge Kinon appears to be physically capable of performing the duties of the office she seeks.
(7)   Mental Stability:
Judge Kinon appears to be mentally capable of performing the duties of the office she seeks.
(8)   Experience:
Judge Kinon was admitted to the South Carolina Bar in 1985.

Judge Kinon gave the following account of her legal experience since graduating from law school:
"Rosen, Rosen, & Scoville; August 1985-July 1986
General Practice with emphasis upon the real estate title work and Family Court practice and private contract work with the Public Defender's Office for Georgetown County;
Private practice; July 1986-July 1987
Family Court practice and private contract work with Public Defender's office for Georgetown County;

Hearn & Corbett, P.A.; July 1987-January 1988

95% of practice in Family Court;
Van Osdell, Lester, Stewart, Hearn, McCutchen, Brittain & Martin, P.A.
January 1988-January 1989 (Merged with Firm of Hearn & Corbett);
95% of practice concentrated in Family Court;
Hearn, Brittain & Martin, P.A.; January 1989-June 1995
95% of practice concentrated in Family Court;
Elected to Family Court Fifteenth Judicial Circuit, Seat 2 to fill unexpired term of the Honorable Kaye G. Hearn in July 1995. Serving continually since election in 1995."
Judge Kinon provided the following list of her five most significant orders or opinions:
"(a)   South Carolina Department of Social Services v. Judy Rogers and Herman Crowley, 98-DR-16-485;
(b)   Rosalyn H. Tetterton v. Ronald L. Tetterton, 98-DR-26-296. Affirmed on Appeal;
(c)   Teresa S. Horn v. Peter L. Horn, 00-DR-26-18;
(d)   Roger D. Haseldon v. JoAnn F. Haseldon, 98-DR-22-532. Affirmed on Appeal;
(e)   Amy Martin Wise v. Kenneth Legrande Wise, 01-DR-26-2031."
Judge Kinon reported that she has had no other employment while serving as a judge and has never been an unsuccessful candidate for elective, judicial, or other public office.
(9)   Judicial Temperament:
The Commission believes that Judge Kinon's temperament has been and would continue to be excellent.
(10)   Miscellaneous:
The Pee Dee Citizens Committee found Judge Kinon to be qualified for re-election to the Family Court bench and recommended her without reservation.
Judge Kinon is married to Samuel Christopher Kinon. She has two children.
Judge Kinon reported that she was a member of the following bar associations and professional associations:
"(a)   Board of Advisors for the South Carolina Council for Mediation and Alternate Dispute Resolution, 1994-present;
(b)   The Joint Commission on Alternative Dispute Resolution for The Supreme Court of South Carolina, 1993-present;
(c)   The Board of Commission on Grievances and Discipline for The Supreme Court of South Carolina, 1992-present;
(d)   American Bar Association, Family Law Section, 1987-present;
(e)   American Bar Association, 1985-present;
(f)   American Trial Lawyers Association, 1987-present;
(g)   South Carolina Women Lawyers Association, Sustaining Member, 1995-present;
(h)   South Carolina Trial Lawyers Association, Family Law Section, 1987-present;
(i)   South Carolina Bar Family Law Section Council, 1991-present;
(j)   South Carolina Bar, Board of Governors, 1990-1993;
(k)   South Carolina Bar Nominating Committee, 1989-1990;
(l)   South Carolina Bar, House of Delegates, 1988-1990;
(m)   South Carolina Bar Family Law Section, 1987-present;
(n)   Coastal Women's Law Society, 1995-present;
(o)   Horry County Bar, Family Court Executive Committee, 1990-present;
(p)   Horry County Bar, Family Court Advisory Committee, 1987-present; (President, 1993-present);
(q)   South Carolina Bar, 1985-present;
(r)   Horry County Bar, 1985-present."
The Judicial Merit Selection Commission found Judge Kinon qualified and nominated her for re-election as a Family Court judge.

Chief Judge of the Administrative Law Judge Division, Seat 1
Commission's Findings:   QUALIFIED AND NOMINATED
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Marvin F. Kittrell meets the qualifications prescribed by law for judicial service as a judge in the Administrative Law Judge Division.
Judge Kittrell was born on October 3, 1941. He is 62 years old and a resident of Columbia, South Carolina. Judge Kittrell 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 Kittrell.
Judge Kittrell 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 Kittrell reported that he has not made any campaign expenditures.
Judge Kittrell 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 Kittrell 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 Kittrell to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.
Judge Kittrell described his continuing legal or judicial education during the past five years as follows:
"01/30/01   A View of Ethics from the Bench;
02/23/01   Objections at Trial and How to Deal with the Difficult Lawyer;
10/00   Administrative Law in the New Millennium: Challenges and Opportunities;
03/17/00   Administrative Law;
02/25/00   Tips from the Bench;
09/29/99   Ethical Problems Associated with Billing;
02/26/99   Bias in the Courtroom;
07/26 through
07/30/99   Conducting the Trial;
09/11 through
09/15/99   Judicial and Administrative Review of Administrative Law Judge Decisions;
04/22/99   Decisional Composition;
03/01/99   Advance Evidence;
10/30/99   Administrative Law & Practice in South Carolina."
Judge Kittrell reported that he has taught the following law-related courses:
"(a)   2003

'Overview of the ALJ Division.' Sponsor: McAngus Goudelock & Courie Law Firm, Columbia, South Carolina, May 2, 2003. 'Practice Tips and Decorum before the ALJD,' Sponsor: Government Attorney Law section, S.C. Bar, June 19, 2003, Charleston, South Carolina;
(b)   2002,

None;
(c)   2001

'Motions Practice before the Administrative Law Judge Division,' Sponsor: South Carolina Administrative and Regulatory Law Association, September 21, 2001, Columbia, South Carolina;

'Administrative Law Cases and Developments in 2001 and Forecasts,' Sponsor: S.C. Bar, 'Ring Out the Old, Ring in the New,' December 21, 2001, Columbia, South Carolina;
(d)   2000

'Overview of the Administrative Law Judge Division,' Sponsor: S.C. Dept. of Labor, Licensing & Regulation, Columbia, South Carolina, September 8, 2000;
(e)   1999

None;
(f)   1998

'ALJD-The Administrative Judiciary,' South Carolina Circuit Judges Meeting, May 15, 1998, Fripp Island, South Carolina. 'ALJD Motions Practice,' Sponsor: S.C. Bar, Columbia, South Carolina, October 30, 1998."
Judge Kittrell reported that he has published the following:
"(a)   Tax Procedure Under the South Carolina Revenue Procedures Act: A 'User-Friendly' Approach, South Carolina Trial Lawyer, Fall 1995, p. 32;
(b)   ALJs in South Carolina, South Carolina Lawyer, May-June 1996, p. 42;
(c)   I am presently working as a co-author on several chapters (Administrative Law Appeals and the Revenue Procedures Act) for a book to be published by the S.C. Bar entitled Administrative Law in South Carolina."
(4)   Character:
The Commission's investigation of Judge Kittrell did not reveal evidence of any founded grievances or criminal allegations made against him. The Commission's investigation of Judge Kittrell did not indicate any evidence of a troubled financial status. Judge Kittrell has handled his financial affairs responsibly.
The Commission also noted that Judge Kittrell was punctual and attentive in his dealings with the Commission, and the Commission's investigation did not reveal any problems with his diligence and industry.
(5)   Reputation:
Judge Kittrell reported that he was not rated by Martindale-Hubbell.
Judge Kittrell reported the following about his military career:
"I enlisted in the U.S. Navy in August, 1965 at Columbia, South Carolina. In September 1965, I arrived at Newport, Rhode Island where I attended Officer Candidate School (OCS). I graduated from OCS and was commissioned as an Ensign in February 1966.
After commissioning, I attended communications school at Newport for two months. Thereafter, I received orders to serve as assistant to the Flag Secretary for the Vice Admiral of the U.S. Navy's Second Fleet and was stationed on the USS Newport News, a heavy cruiser, in Newport News, Virginia. I served on the staff of two Vice Admirals prior to receiving orders while in England to go to South Viet Nam.
In September 1967, I flew from Germany to the United States and trained for several months at both Camp Pendleton, California and the U.S. Navy base at Long Beach, California.
In January 1968 I flew to southeast Asia and served as the operations/supply and assistant officer in charge of the Inshore Undersea Warfare Group # 1 unit located at Vung Tau and Cat Lo, South Viet Nam.
In early December 1968, I flew to San Francisco where I was mustered out of active duty. I attained the rank of full Lieutenant prior to returning home. During my last two years of law school in Columbia, I served in active reserve status at the U.S. Navy location on Pickens Street.
I am no longer in either active or reserve status."
Judge Kittrell reported that he held the office of Workers' Compensation Commissioner from November 1990 to February 1994, which was an appointed position.
(6)   Physical Health:
Judge Kittrell appears to be physically capable of performing the duties of the office he seeks.
(7)   Mental Stability:
Judge Kittrell appears to be mentally capable of performing the duties of the office he seeks.
(8)   Experience:
Judge Kittrell was admitted to the South Carolina Bar in May 1971.
Judge Kittrell provided the following account of his legal experience since graduation from law school:
"April 1971-August 1971: Adjudication Officer, Veterans Administration, Assembly Street, Columbia, South Carolina. Responsibilities included reviewing requests from veterans and/or their dependents for various VA benefits, reviewing various laws and regulations applicable thereto, and authorizing such benefits where allowable and appropriate.
August 1971-February 1973: For these 21/2 years I practiced law with the firm of Dennis & Dennis, in Moncks Corner, South Carolina. My practice was general with emphasis on real estate, family, and personal injury.
February 1973-August 1975: During this period I served as a Trust Officer with the South Carolina National Bank (later merged into Wachovia Bank). First as a 'new business development officer' in the Columbia office and later in the Charleston office.
August 1975-June 1976: I moved to Gainesville, Florida and enrolled in the graduate program leading to a masters degree in taxation at the University of Florida. I graduated with the degree in June 1976.
June 1976-November 1976: For this short period I practiced with the law firm of Sen. Dewey Wise and Jim Stuckey in Charleston, South Carolina.
November 1976-August 1977: I separated from my spouse and moved back to Columbia, South Carolina, rejoining the South Carolina National Bank as a Trust Officer in November, 1977. I worked in the corporate offices of the bank.
August 1977-September 1990: I practiced law in both Newberry and Columbia, South Carolina with the firms of Griffith, Mays, Foster & Kittrell and later Griffith & Kittrell. My focus was on tax law and business law. After my law partner, Eugene C. Griffith, Sr. died in March 1990, I continued the practice through September 1990 in Newberry.
November 1990-February 28, 1994: During this period I served as a Commissioner with the South Carolina Workers' Compensation Commission. I changed my domicile from Newberry County to Lexington County in the spring of 1991.
March 1, 1994 to the present: I was elected by the General Assembly on February 23, 1994 to be the first Chief Administrative Law Judge for the State of South Carolina. I have served in that position since. Elected in 1994 and re-elected in 1999 to Seat No. 1, Chief Judge of the South Carolina Administrative Law Judge Division. The Division's jurisdiction is statutory in nature. Because the Division is an agency within the executive branch of state government, its power to hear a particular type of case from a particular agency is derived exclusively from the legislative branch of state government, the General Assembly.
The Administrative Law Judge Division has jurisdiction over three types of matters: contested cases, appeals, and regulation hearings. Administrative Law Judges preside as the fact finder in all contested cases involving executive branch departments in which a single hearing officer is authorized or permitted by law or regulation to hear and decide such cases. Exempted are cases arising under the Occupational Safety and Health Act, matters provided for under Title 56 of the South Carolina Code of Laws, and hearings prescribed for or mandated by federal law or regulation. Also falling outside of the Division's jurisdiction are the judicial or quasi-judicial functions of the Workers' Compensation Commission, the Employment Security Commission, the Public Service Commission, and the Human Affairs Commission. The Division's Judges also hear appeals from final decisions of contested cases before professional and occupational licensing boards or commissions within the Department of Labor, Licensing and Regulation. The Division also has appellate jurisdiction to review certain final decisions of various other boards or departments. Finally, Administrative Law Judges preside over public hearings held during the promulgation of regulations by a department for which the governing authority is a single director. Afterwards, the Judge issues written findings as to the need and reasonableness of the proposed regulations. The Administrative Law Judge Division's contested case hearings and proceedings are open to the public unless confidentiality is allowed or required by law. A written order is issued for every final decision. Further, under the APA, Administrative Law Judges issue injunctions and enforce subpoenas, and have the same power at chambers or in open hearing as do circuit court judges, and the power to issue those remedial writs as are necessary to give effect to the Division's jurisdiction.
The judges do not have the authority to determine the constitutionality of a statute (on its face); however, they may determine if a statute has been appropriately applied to a limited class of persons."
Judge Kittrell provided the following list of his five most significant orders or opinions:
"(a)   Sobhi A. Girgis, M.D. v. South Carolina Department of Labor, Licensing and Regulation (State of Board of Medical Examiners), No. 94-ALJ-11-0274-AP, affirmed in part and reversed in part by the South Carolina Court of Appeals, Opinion Number 2857, filed June 23, 1998. This case held that the State Board of Medical Examiners was required to furnish a physician a copy of the initial complaint against him, in accordance with S.C. Code Ann. Section 40-47-212 (1986);
(b)   Haley Farms, et al. v. South Carolina Department of Health and Environmental Control and Raymond E. Wells, No. 97-ALJ-07-198-CC. This case held that the Department of Health and Environmental Control failed to follow its own guidelines for agricultural permitting when it issued a construction permit for a poultry facility which was to be located in close proximity to neighboring property lines and to a fresh tomato packing house; and that it is proper to consider 'nuisance factors' in determining whether an agricultural animal facility permit should be issued. This case was appealed to the DHEC board. In a one-sentence decision, the board vacated the entire order, and established the 'policy' that this poultry farm (which had gone through much of its construction), as well as those to be permitted in the future, must be located at a minimum distance of 1000 feet from a tomato farm;
(c)   South Carolina Coastal Conservation League and Sierra Club v. South Carolina Department of Health and Environmental Control, Bureau of Ocean and Coastal Resource Management; Port Royal Plantation; and Town of Hilton Head Island, No. 97-ALJ-07-0087-CC. This case held that S.C. Code Ann. Section 48-39-290, which provides prohibitions against certain construction projects on the active beach, cannot be considered in isolation from the entire Coastal Zone Management Act, as amended by the Beachfront Management Act. When considered in context, Section 48-39-290 does not prohibit DHEC/OCRM from issuing a permit for the construction and refurbishment of groins. Such a permit is in furtherance of the Act's stated policy favoring beach renourishment projects;

This decision was reversed by the Court of Appeals (345 S.C. 525, 548 S.E.2d 887 (Ct. App. 2001)). Subsequently, the South Carolina General Assembly, while the case was pending review by the South Carolina Supreme Court, passed legislation which was in accordance with the opinion by this judge. See S.C. Code Ann. Sections 48-40-10 through 70 (Supp. 2002). Subsequently, the Supreme Court issued its opinion No. 25663, which reversed the court of appeals. The court stated that 'our conclusion that the General Assembly did not intend to ban groins is reinforced by its enactment, after the adoption of the BMA, of The Beach Restoration and Improvement Trust Act, creating a beach renourishment program to be implemented by OCRM. This Act specifically authorizes groin construction and maintenance;'
(d)   Anonymous Corporation (Springs Industries, Inc.) v. South Carolina Department of Revenue, Docket No. 99-ALJ-17-0153-CC. In this case this court, relying heavily on the case of Hercules Contractors and Engineers, Inc. v. S.C. Tax Commission, determined that Springs Industries was entitled to a refund of sales taxes paid on various equipment/machines, finding that such came within the 'machine exemption' as found in S.C. Code Ann. Section 12-36-2120(17) (Supp. 1998). In a lengthy opinion, the circuit court affirmed the decision of the ALJ. On appeal to the Court of Appeals, the decision of the ALJ was again affirmed in an unpublished opinion filed on January 8, 2003. The matter is on appeal to the S.C. Supreme Court;
(e)   James Furtick, # 60646, v. South Carolina Department of Probation, Parole and Pardon Services, Docket No. 00-ALJD-04-00322-AP. While defendant was incarcerated, the Department of Probation, Parole and Pardon Services (DPPPS) classified him as a violent offender and defendant appealed. The ALJ, in interpreting the South Carolina Supreme Court's opinion in Al-Shabazz v. State, 338 S.C. 354, 527 S.E.2d 742 (2000), dismissed the appeal based on lack of jurisdiction. Defendant appealed to circuit court which reversed and remanded. DPPPS appealed the decision. The South Carolina Supreme Court held that the ALJD had jurisdiction to hear defendant's appeal from the DPPPS decision that defendant was not parole eligible and that his ex post facto rights were not violated when his prior manslaughter conviction was used to deny him parole eligibility on his subsequent burglary and larceny offenses. The court held that the permanent denial of parole eligibility implicates a liberty interest sufficient to require at least minimal due process and decided that defendant was entitled to review of his claim by the ALJD. The court noted that the inmate had the same right to review as the inmate in Al-Shabazz."
(9)   Judicial Temperament:
The Commission believes that Judge Kittrell's temperament has been and would continue to be excellent.
(10)   Miscellaneous:
The Midlands Citizens Committee found Judge Kittrell to be a qualified and highly-regarded judge. The committee approved of his re-election as Chief Judge of the Administrative Law Judge Division, Seat 1.
Judge Kittrell is not married. He has two children by a prior marriage.
Judge Kittrell reported that he was a member of the following bar associations and professional associations:
"(a)   South Carolina Bar-May 1971 to present;
(b)   Richland County Bar;
(c)   South Carolina Administrative and Regulatory Law Association-2000 to present;

I have served as a founder of this organization and as its president since its formation. Its members are involved in administrative and regulatory law in South Carolina. The organization was formed to provide educational seminars and training;
(d)   National Association of Administrative Law Judges;
(e)   National Central Panel Directors Association."
Judge Kittrell provided that he was a member of the following civic, charitable, educational, social, or fraternal organizations:
"(a)   Rotary Club of Columbia."
The Commission found Judge Kittrell qualified and nominated him for re-election as Chief Judge of the Administrative Law Judge Division.

Family Court for the Thirteenth Judicial Circuit, Seat 3
Commission's Findings:   QUALIFIED AND NOMINATED

Pursuant to S.C. Code Ann. Section 2-19-40, the Commission waived the public hearing for Judge Konduros since her candidacy for re-election was uncontested and no complaints were received.
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Aphrodite K. Konduros meets the qualifications prescribed by law for judicial service as a Family Court judge.
Judge Konduros was born on January 30, 1959. She is 44 years old and a resident of Greenville, South Carolina. Judge Konduros provided in her application that she has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1985.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge Konduros.
Judge Konduros demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.
Judge Konduros reported that she has not made any campaign expenditures.
Judge Konduros testified she has not:
(a)   sought or received the pledge of any legislator prior to screening;
(b)   sought or been offered a conditional pledge of support by a legislator;
(c)   asked third persons to contact members of the General Assembly prior to screening.
Judge Konduros testified that she is aware of the Commission's 48-hour rule regarding the formal and informal release of the screening report.
(3)   Professional and Academic Ability:
The Commission found Judge Konduros to be intelligent and knowledgeable. Her performance on the Commission's practice and procedure questions met expectations.
Judge Konduros described her continuing legal or judicial education during the past five years as follows:
"Heavily weighted toward Family Court seminars, including making presentations at JCLEs, and presenting the DSS portion of the law at the New Family Court Judges School in 1999 and 2000. I have taken courses in excess of the state bar requirement almost every year of practice.
"(a)   CLE Courses Completed in 1998-Total Hours 45.75:

DSS Legal Training;

S.C. Bar April Meeting;

S.C. Bar February Meeting;

DSS Legal Training;

Update of S.C. Law;

S.C. Woman Advocate;

Child Safety Seminar;

Annual S.C. Solicitor's Conference.
(b)   CLE Courses Completed in 1999-Total Hours 29.75:

S.C. Bar January Meeting;

S.C. Bar February Meeting;

'Bridges to the Future;'

DSS Legal Training;

Modified Family Court ADR Program;

Modified Circuit Court ADR Pilot;

Family and Circuit Court Judges Orientation (instructor);

Omnibus Adult Protective Act Regional Training (instructor);

S.C. Bar March Meeting.
(c)   CLE Courses Completed in 2000-Total Hours 18.00:

Child Safety Seminar II;

Persuasive Expert Testimony;

'Sharing, Caring and Shaping the Law.'
(d)   CLE Courses Completed in 2001 - Total Hours 14.00:

Office of DSS Legal Counsel Seminar;

Attorney-Client Privilege;

Office of DSS Legal Counsel Seminar.
(e)   CLE Courses Completed in 2002-Total Hours 40.25:

Orientation School for New Judges;

S.C. Trial Lawyers Annual Convention;

Judicial Conference."
Judge Konduros reported that she has taught the following law-related courses:
"(a)   SCTLA 2003, covered for an absent attorney and spoke on Ethical Considerations in Family Court;
(b)   Family Court Lawyers Annual Conference 2002, spoke on Elder Law Issues to fellow judges;
(c)   Numerous Omnibus Adult Protection Act presentations at the Criminal Justice Academy;
(d)   DSS-sponsored CLE seminars on Termination of Parental Rights, Adult Abuse issues, and Adoptions;
(e)   Abuse and Neglect trainings to Greenville School District teachers;
(f)   'Grand Rounds' training to interns at Greenville Hospital System on recognizing abuse;
(g)   Summer School on Gerontology, Winthrop University, 1998-2000."
Judge Konduros reported that she had published "Chief of the Catawbas," Sandlapper Magazine, Summer Issue, 1999.
(4)   Character:
The Commission's investigation of Judge Konduros did not reveal evidence of any founded grievances or criminal allegations made against her. The Commission's investigation of Judge Konduros did not indicate any evidence of a troubled financial status. Judge Konduros has handled her financial affairs responsibly.
The Commission also noted that Judge Konduros 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 Konduros reported that she was not rated by Martindale-Hubbell.
(6)   Physical Health:
Judge Konduros appears to be physically capable of performing the duties of the office she seeks.
(7)   Mental Stability:
Judge Konduros appears to be mentally capable of performing the duties of the office she seeks.
(8)   Experience:
Judge Konduros was admitted to the South Carolina Bar in 1985.
Judge Konduros provided the following account of her legal experience since graduation from law school:
"1984-1985:     Weinberg, Brown & McDougall, Sumter, S.C.
General practice, civil, criminal defense, appellate practice, Armed Services Board of Contract Appeals;
1985-1987:     Law Clerk to the Hon. David F. McInnis, Circuit Court, Third Judicial Circuit
Accompanied the judge to 33 counties in our state, assisting him in civil and criminal court;
1987-1989:     Todd & Barber, Columbia, S.C.
General practice including residential and commercial real estate and development, domestic, probate, appellate practice, criminal, civil, outdoor advertising licensure, and collection;
1989-1994:     S.C. Department of Disabilities and Special Needs, Deputy General Counsel, Columbia, S.C.
Practice included Family Court juvenile hearings, unemployment hearings, workers compensation, civil, criminal, probate commitments, Medicaid, and Social Security benefits practice;
1994-1997:     S.C. Department of Social Services, Greenville, S.C.
County attorney for DSS prosecution of abuse and neglect cases, child support, unemployment, appellate practice, and probate;
1/1997-12/1997:   The Code Law Firm, Greenville, S.C.
Private practice including divorce, child support, DSS, DJJ, civil defense in state and federal court, Insurance Reserve Fund defense for the SCDOT, Department of Education, DSS, DDSN, City of Greenville, Greer Police Department, Department of Corrections, Magistrate's Court, appellate practice;
1997-2000:     S.C. Department of Social Services, Assistant General Counsel, Columbia, S.C.
Adoptions, DSS prosecution, appellate practice, state procurement, day care licensure appeals, state employee grievances;
2000-2002:     Director, Greenville Department of Services, Greenville, S.C.
Managed 314 state employees and multi-million dollar budget, administering Medicaid, food stamps, child and adult protective services, foster care licensing, and over 400 foster children. Supervised five lawyers handling child abuse and neglect cases, adoptions, termination of parental rights cases. Continued to handle a small number of DSS cases, unemployment hearings personally.
2002:         Family Court Judge, Thirteenth Judicial Circuit, Seat #3."
Judge Konduros provided the following list of significant orders:
"No appellate reviews occurred in my first year on the bench.
(a)   Godfrey v. Godfrey;
(b)   Diaz v. Diaz;
(c)   Seals v. Seals;
(d)   Orloff v. Orloff;
(e)   Walsh v. Walsh."
(9)   Judicial Temperament:
The Commission believes that Judge Konduros' temperament has been and would continue to be excellent.
(10)   Miscellaneous:
The Upstate Citizens Committee reported that Judge Konduros met the criteria established by the Commission and was qualified for re-election to the Family Court.
Judge Konduros is married to Samuel James Konduros. She has does not have any children.
Judge Konduros reported that she was a member of the following bar associations and professional associations:
"(a)   Richland County Bar Young Lawyers, Vice-president, 1998;
(b)   South Carolina Bar;
(c)   S.C. Woman's Law Association, Regional Liaison, 1999;
(d)   Greenville County Bar;
(e)   National Association of Elder Law Attorneys."
Judge Konduros provided that she was a member of the following civic, charitable, educational, social, or fraternal organizations:
"I no longer belong to any of these organizations:
(a)   Board member, Prevent Child Abuse Carolina;
(b)   Board member, Safe Harbor Women's Shelter;
(c)   Board member, Greenville Ballet;
(d)   Board member, Greenville First Steps;
(e)   Executive Director, Pendleton Place Children's Shelter;
(f)   Member, Governor's Juvenile Justice Task Force, 13th Circuit;
(g)   Member, Greenville County Substance Abuse Council;
(h)   Member, Greenville Area Directors of Social Health Associations (GADSHA);
(i)   Member, Greenville Pediatric HIV Advisory Board."
Judge Konduros further reported that she was co-recipient of the Claude N. Sapp Award for Outstanding Law Graduate of 1984 (with David Dukes, Esquire of Columbia, S.C.).
The Judicial Merit Selection Commission found Judge Konduros qualified and nominated her for re-election as a Family Court judge.

Commission's Findings:   QUALIFIED AND NOMINATED
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Jack A. Landis meets the qualifications prescribed by law for judicial service as a Family Court judge.
Judge Landis was born on June 3, 1955. He is 48 years old and a resident of Moncks Corner, South Carolina. Judge Landis provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1980.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge Landis.
Judge Landis 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 Landis reported that he has not made any campaign expenditures.
Judge Landis 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 Landis 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 Landis to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.
Judge Landis described his continuing legal or judicial education during the past five years as follows:
"I attended seminars and continuing education courses particularly related to Family Court and domestic issues. I have exceeded the minimum mandatory requirements each year.

05/21/98   Family Court Judges Conference;
06/29/98   Orientation school for New Judges;
08/13/98   SCTLA Annual Convention;
08/20/98   Judicial Conference;
05/19/99   Family Court Judges Conference;
08/05/99   SCTLA Annual Convention;
08/19/99   Judicial Conference;
01/21/00   S.C. Bar Convention, Family Law Section;
05/03/00   Family Court Judges Conference;
08/03/00   SCTLA Annual Convention;
08/16/00   Annual Judicial Conference;
12/00     Bench/Bar seminar;
01/26/01   S.C. Bar Convention Family Law Section;
05/03/01   Family Court Judges Conference;
08/23/01   Annual Judicial Conference;
10/05/01   WestLaw Training;
11/02/01   Lexis-Nexis Training;
12/01     Bench/Bar Seminar;
12/14/01   Tips From the Bench;
01/25/02   S.C. Bar Convention Family Law Section II;
05/01/02   Family Court Judges Conference;
08/01/02   SCTLA Annual Convention;
08/22/02   Annual Judicial Conference;
12/06/02   Bench/Bar Seminar;
01/24/03   S.C. Bar Convention, Family Law-Part II;
04/30/03   Family Court Judges Conference;
08/21/03   Annual Judicial Conference."
Judge Landis reported that he has taught the following law-related courses:
"(a)   May 14, 1997   I taught a day long seminar on 'Paralegals in Family Law;'
(b)   Oct. 26, 2000   I spoke at a seminar sponsored by the Charleston County Bar Association on Family Law. My topic was 'What a Judge Wants, What a Judge Needs.' The subject was helping lawyers understand what they need to have and do to properly present a case in Family Court;
(c)   Dec. 14, 2001   I spoke at the 'Tips From the Bench' seminar in Columbia sponsored by the S.C. Bar Association. My topic was 'Custody and Termination of Parental Rights;'
(d)   May 1, 2003   I spoke at the Annual Family Court Judges Association Conference. I dealt with using forms and templates by Family Court Judges, how to use them, and how to create them. I also provided on computer diskette to the Judges, for their use, some 30-plus forms and Orders that I and Judge Wayne Creech modified or created and which we regularly use in the course of our duties."
Judge Landis reported that he has published seminar materials to accompany the program presented to paralegals in May of 1997 and described above.
(4)   Character:
The Commission's investigation of Judge Landis did not reveal evidence of any founded grievances or criminal allegations made against him. The Commission's investigation of Judge Landis did not indicate any evidence of a troubled financial status. Judge Landis has handled his financial affairs responsibly; however, he was questioned concerning his outstanding federal and state tax liens. Judge Landis stated that they occurred when he was in private practice and he is currently paying off the liens.
The Commission also noted that Judge Landis was punctual and attentive in his dealings with the Commission, and the Commission's investigation did not reveal any problems with his diligence and industry.
(5)   Reputation:
Judge Landis reported that his last available Martindale-Hubbell rating was "BV."
(6)   Physical Health:
Judge Landis appears to be physically capable of performing the duties of the office he seeks.
(7)   Mental Stability:
Judge Landis appears to be mentally capable of performing the duties of the office he seeks.
(8)   Experience:
Judge Landis was admitted to the South Carolina Bar in 1980.
Judge Landis provided the following account of his legal experience since graduation from law school:
"1980-1984:
Assistant Public Defender, Berkeley County, South Carolina (part-time).
I represented indigent criminal defendants in General Sessions and juveniles in Family Court;
Sole Practitioner, 311 E. Main St., Moncks Corner, S.C.
General practice of law including domestic litigation, real estate transactions, personal injury and criminal defense (as part-time Public Defender);
1984-August 1989:
Partner, Williams & Landis, 209 E. Main St., Moncks Corner, S.C. General practice of law with emphasis on domestic and family law;
September 1989-December 1993:
Partner, Dennis, Dennis, & Landis, 337 E. Main St., Moncks Corner, S.C. General practice of law with emphasis on domestic and family law;
December 1993-April 1998
Partner, Landis & Louden, 295 North Highway 52, Moncks Corner, S.C.; General practice of law with emphasis on domestic and family law;
May 1987-April 1998:
Municipal Judge for the Town of Moncks Corner, P.O. Box 276, Carolina Ave., Moncks Corner, S.C. (part-time);
May 1998-present:
Judge, Family Court for the Ninth Judicial Circuit, Seat 6, P.O. Box 1707, 300-B California Ave., Moncks Corner, S.C."
Judge Landis provided the following concerning his prior judicial positions:
"I was the Municipal Judge for the Town of Moncks Corner from May 1987 until I was elected to the Family Court in May 1998. This was an appointed position with jurisdiction of magistrate and municipal level criminal offenses, traffic offenses, execution of search and arrest warrants, bond hearings, and preliminary hearings.
I have been a Family Court judge since my election in 1998. The Family Court has jurisdiction as set forth in Title 20, of the South Carolina Code of Laws, including but not limited to determining the validity of marriages, custody, divorce, adoption, termination of parental rights, child support, alimony, abuse and neglect, annulments, name changes, equitable apportionment, and delinquency of minors.
I have served as Chief Administrative Judge for the Ninth Judicial Circuit, Berkeley County for approximately 18 months and before that for six months in Charleston County."
Judge Landis provided the following list of his five most significant orders:
"(a)   Widman v. Widman, 348 S.C. 97, 557 S.E.2d 693 (Ct. App. 2001).

This case involved a number of issues including the determination of child support when the income of the parties exceeded guideline amounts, equitable division of a marital estate with a value in excess of six million dollars, co-mingling of funds, valuation of limited partnership stock, family trusts, and allegations of contempt;
(b)   Pendergast v. Pendergast, S.C. Ct. App. Opinion No. 3627, Westlaw Citation WL 1873476.

This case involved a request by father for modification of unallocated child support and alimony as result of the graduation of the parties' child from college. I granted a modification of support but denied a modification of alimony and awarded attorney fees to the mother. The Court of Appeals affirmed my decision in its entirety;
(c)   Wall v. Wall, S.C. Ct. App., Unpublished Opinion No. 2002-UP-405.

Child custody, visitation, legal fees, alimony, valuation of assets, and child support were issues presented in this case. Husband was seeking alimony, and a downward deviation from Child Support Guidelines alleging a diminished earning capacity. Husband was entitled to personal injury settlement proceeds in which Wife was claiming an interest and Wife was operating a veterinary clinic in which Husband claimed an interest. Approximately twelve issues were addressed in the appeal and I was affirmed on all but one issue that involved the personal injury proceeds;
(d)   Eubank v. Eubank, 347 S.C. 367, 555 S.E.2d 413, (Ct. App. 2001).

Husband appealed my order denying his request to modify or terminate his alimony obligation to Wife based upon changed circumstances. I found that the change of circumstances was one that had been contemplated and considered at the time the parties entered into the agreement for the payment of alimony and subsequently approved by the Court. I further found that the Husband should be denied the requested relief based upon the theory of "unclean hands". Although I was reversed I still believe this was a significant case;
(e)   Charleston County Department of Social Services v. Cutler, Pollard, and Sumpter, Docket # 00-DR-10-4108, 2001.

This was an action for the termination of the parental rights of the defendants who had had their children removed by DSS as a result of abuse to the children. The Defendants were accused of extreme malnourishment of the children which necessitated hospitalization for at least two of the children. The Defendants entered into a treatment plan with DSS that had as its goal reunification of the family. The Defendants completed all of the requirements of the treatment plan. The GAL and the DSS caseworker could not accept the religious beliefs of the Defendants and therefore sought TPR as opposed to reunification regardless of the Defendants' compliance with the treatment plan. I found that the GAL and DSS decided to seek TPR even before the Defendants had had an opportunity to complete the treatment plan and in fact set up obstacles in the path of successful completion. I denied the TPR and ordered reunification after a two and a half week trial."
Judge Landis provided the following concerning employment as a judge:
"My position as Municipal Judge for Moncks Corner from May, 1987 until May, 1998, was a part-time position appointed by the Mayor and Town Council. The Town of Moncks Corner was my employer and the Mayor was my supervisor. It was my responsibility to hold court to hear municipal level offenses, hold jury trials, execute search and arrest warrants, conduct bond hearings, and conduct preliminary hearings on General Sessions level offenses."
Judge Landis provided the following concerning unsuccessful candidacies:
"In February, 1996, I ran unsuccessfully for Seat #5, Family Court for the Ninth Judicial Circuit. I was found qualified by the Joint Legislative Judicial Screening Committee as well as the S.C. Bar Screening Committee."
(9)   Judicial Temperament:
The Commission believes that Judge Landis' temperament has been and would continue to be excellent.
(10)   Miscellaneous:
The Lowcountry Citizens Committee reported that Judge Landis met the established criteria of the Judicial Merit Selection Commission and was qualified for re-election to the Family Court.
Judge Landis is married to Sharon Bennett Landis. He has two children.
Judge Landis reported that he was a member of the following bar associations and professional associations:
"(a)   The South Carolina Family Court Judges Association;
(b)   The South Carolina Bar Association;
(c)   The Berkeley County Bar Association."
Judge Landis provided that he was a member of the following civic, charitable, educational, social, or fraternal organizations:
"(a)   First Presbyterian Church of Moncks Corner, S.C.; Elder, currently non-serving;
(b)   British Car Club of Charleston, no office held;
(c)   Coach, Little League soccer, Recreation Dept. of Moncks Corner;
(d)   Coach, Berkeley High School Mock Trial Team;

S.C. State Champions 1989, 1991, 1993, 2000, and 2002;
(e)   2003 S.C. Bar Law Related Education Lawyer of the Year;
(f)   1994 S.C. Bar Pro Bono Service Award."
The Commission found Judge Landis qualified and nominated him for re-election as a Family Court judge.

Commission's Findings:   QUALIFIED AND NOMINATED
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Clarke W. McCants, III meets the qualifications prescribed by law for judicial service as a Circuit Court judge.
Mr. McCants was born on June 20,1959. He is 44 years old and a resident of Aiken, South Carolina. Mr. McCants 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. McCants.
Mr. McCants 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. McCants reported that he has made $63.98 in campaign expenditures for postage and paper/stationery.
Mr. McCants 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. McCants 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. McCants to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.
Mr. McCants described his continuing legal or judicial education during the past five years as follows:
"(a)   2003 Military Law Update Workshop (6/21-22/03);
(b)   18th Annual Criminal Law Update (1/24/03);
(c)   Ethical Considerations and Pitfalls for the Criminal Law Lawyer (12/26/02);
(d)   2002 Military Law Update Workshop (6/7-8/02);
(e)   Litigation and Public Relations (2/16/02);
(f)   Overview of Georgia Appellate Jurisdiction (2/16/02);
(g)   Class Actions -Federal and State (2/16/02);
(h)   Who Needs Experts (2/18/02);
(i)   Co-Author, S.C. Practice Manual (1/18/02);
(j)   2001 Military Law Update Workshop (6/23-24/01);
(k)   Georgia Ethics Panel (2/11/01);
(l)   Returning to Work Issues (2/10/01);
(m)   The Internet and Medical Malpractice (2/10/01);
(n)   Judicial District Professionalism Program (2/9/01);
(o)   S.C. Workers' Compensation Law Update (5/8/00);
(p)   2000 Military Law Update Workshop (4/8-9/00);
(q)   1999 SCDTAA Trial Academy (7/7/99);
(r)   1999 Military Law Update Workshop (6/12-13/99);
(s)   Staff Judge Advocate Course (9/14-25/98);
(t)   1998 Military Law Update Workshop (6/6-7/98);
(u)   1998 SCDTAA Trial Academy (7/8-10/98);
(v)   Spring Workers' Compensation Update (3/23/98)."
Mr. McCants reported that he has taught the following law-related courses:
"(a)   Adjunct Professor, Aiken Technical College, 2001 to present; Worker's compensation law for paralegals;
(b)   Chairman, Vice-Chairman and Speaker, S.C. Defense Trial Attorney's Association Trial Academy, 1994, 1997, 1998; Three-day trial advocacy course for younger lawyers;
(c)   Speaker, Workers' Compensation Update, Council on Education in Management, May 1998, Stress and Mental Claims;
(d)   Speaker, Annual Meeting of Georgia Administrative Law Judges, March 1998, Overview of South Carolina Workers' Compensation Law;
(e)   Moderator, S.C. Workers' Compensation Educational Association, October 1997, Civility Among Lawyers and Ex Parte Orders;
(f)   Moderator, S.C. Bar Association Mid-Year Meeting, January 1997; Current issues in South Carolina Workers' Compensation Law;
(g)   Defense Research Institute Annual Meeting, October 1996; Editing of Legal Periodicals;
(h)   Speaker, S.C. Bar Association Mid Year Meeting, January 1995; Stop Pay issues under S.C. Workers' Compensation Law."
Mr. McCants reported that he also routinely provides training seminars for business clients on various employment law issues.
Mr. McCants reported that he has published the following:
"(a)   Editor, Defense Line, Quarterly publication of S.C. Defense Trial Attorney's Association, 1995-1996.
(b)   Co-Author, The South Carolina Practice Manual, Workers' Compensation Chapter, 2000."
(4)   Character:
The Commission's investigation of Mr. McCants did not reveal evidence of any founded grievances or criminal allegations made against him. The Commission's investigation of Mr. McCants did not indicate any evidence of a troubled financial status. Mr. McCants has handled his financial affairs responsibly.
The Commission also noted that Mr. McCants 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. McCants reported that his Martindale-Hubbell rating was "AV."
Mr. McCants reported that he had served in the military as follows:
"(a)   1986-1990, U.S. Navy, Judge Advocate General's Corps, Lieutenant (0-3), released upon completion of active duty;
(b)   1990 -present, U.S. Naval Reserve, Judge Advocate General's Corps, Commander (0-5), Current member of Selective Reserve."
(6)   Physical Health:
Mr. McCants appears to be physically capable of performing the duties of the office he seeks.
(7)   Mental Stability:
Mr. McCants appears to be mentally capable of performing the duties of the office he seeks.
(8)   Experience:
Mr. McCants was admitted to the South Carolina Bar in 1985.
Mr. McCants gave the following account of his legal experience since graduation from law school:
"May 1985 to August 1985:
McCants, Nelson, Green & Lafaye, Columbia, S.C.; Law Clerk;
August 1985 to August 1986:
Hon. Frank P. McGowan, Jr., S.C. Circuit Court Judge; Law Clerk;
August 1986 to October 1986:
Haynesworth Law Firm, Greenville, S.C.; Associate;
October 1986 to June 1990:
Active duty, U.S. Navy, Judge Advocate General's Corps, Trial Counsel, Legal Assistance Attorney and Assistant Staff Judge Advocate; Special Assistant U.S. Attorney;
June 1990 to November 1992:
Henderson & Salley, Aiken, S.C.; Associate, litigation;
November 1992 to March 1998:
Braithwaite, McCants & Smith, Aiken, S.C.; Partner, litigation;
March 1998 to present:
Nance & McCants, Aiken, S.C.; Partner, litigation."
Mr. McCants reported the frequency of his court appearances during the last five years as follows:
"(a)   Federal:   Infrequent;
(b)   State:     Weekly."
Mr. McCants reported the percentage of his practice involving civil, criminal, and domestic matters during the last five years as follows:
"(a)   Civil:     95%;
(b)   Criminal:   3%;
(c)   Domestic:   2% (Appointments for DSS matters)."
Mr. McCants reported the percentage of his practice in trial court during the last five years as follows:
"(a)   Jury:     20%;
(b)   Non-jury:   80%."
Mr. McCants provided that he most often served as sole counsel.
The following is Mr. McCants' account of his five most significant litigated matters:
"(a)   Vance v. R.E Phelon, Inc., C/A No. 98-CP-02-62. I represented the Defendant in this personal injury lawsuit which arose out of a shooting incident at a manufacturing plant in Aiken in September 1997. A former employee entered the plant and shot and killed four employees, and injured numerous other employees. This particular claim was brought by a security guard who was shot and severely injured. A number issues were presented, including whether or not the guard was a statutory employee of the defendant and whether the defendant had adequate security in place to prevent the shooting. This case settled on the eve of trial;
(b)   Yingling v. NHC Greenwood, C/A No. 95-CP-24-664. This matter involved the alleged wrongful termination of the plaintiff nurse from a long-term residential care facility. The plaintiff also asserted, among other things, that she was the victim of a civil conspiracy. Numerous witnesses were involved including a handwriting expert who testified that the plaintiff had authored several key documents. This case was tried before a jury for a week, resulting in a verdict for the Defendant;
(c)   Carroll v. Colorado Bankers Life Insurance Company, C/A No. 95-CP-02-450. This case involved a claim for benefits under a life insurance policy. I represented the Defendant, who asserted that the life insurance was policy was void ab initio due to fraud. The plaintiff attempted to prove that the policy was incontestable and further that the selling agent had waived any misstatements. The case ultimately hinged on the testimony of medical experts. This case was tried before a jury resulting in a verdict for the Defendant;
(d)   Fernandez v. Hawkins, C/A No. 98-CP-02-341. I represented the defendant in this personal injury action arising out of a motorcycle accident. The plaintiff, a local physician, contended that he had sustained a severe foot and ankle injury as a result of the accident. Numerous experts were called upon to provide evidence as to the source and cause of the plaintiff's injuries. The case was tried twice, resulting in verdicts in favor of the Plaintiff;
(e)   Bell v. State of S.C., C/A No. 95-CP-02-112. I represented the petitioner in this post-conviction relief action. The petitioner was convicted of murdering a child in Aiken County and received a life sentence. As part of his PCR application, the petitioner asserted that his trial counsel, among other things, had failed to submit key photographic and expert evidence. The hearing for the PCR application included the presentation of this evidence. The application was denied and subsequently affirmed on appeal."
The following is Mr. McCants' account of five civil appeals he has personally handled:
"(a)   Johnston v. Aiken Auto Parts, 311 S.C.285, 428 S.E.2d 737 (Ct. App. 1993);
(b)   Burns v. Gardner, et al., 328 S.C. 608, 493 S.E.2d 356 (Ct. App. 1997);
(c)   Roberts v. USAA Casualty Ins. Co., 97-2410 (Unpublished) (Ct. App. 4th Cir.);
(d)   Lumbermens Mutual Casualty Co. v. Sowell, et al., 2002-UP-250 (Ct. App. 2002);
(e)   Wright v. Kroger, 2001-UP-559 (Ct. App. 2001)."
(9)   Judicial Temperament:
The Commission believes that Mr. McCants' temperament would be excellent.
(10)   Miscellaneous:
The Midlands Citizens Committee found Mr. McCants to be a qualified and highly-regarded candidate. The committee approved of his candidacy for the Circuit Court bench.
Mr. McCants is married to Lucy Verner Scoville McCants. He has three children.
Mr. McCants reported that he was a member of the following bar associations and professional associations:
"(a)   S.C. Bar Association, (Chairman, Workers' Compensation Section, 1997-1998; Member, Second Judicial Circuit Fee Dispute Board, 1998 to present);
(b)   Aiken Bar Association;
(c)   S.C. Defense Trial Attorney's Association, Executive Committee, 1993 -1999);
(d)   Defense Research Institute;
(e)   Naval Reserve Officers' Association."
Mr. McCants provided that he was a member of the following civic, charitable, educational, social, or fraternal organizations:
"(a)   First Presbyterian Church, Aiken, S.C., (Deacon, 1995-1998; Elder, 2001 to present);
(b)   Cub Scout Pack 110, Aiken, S.C. (Chairman, 1997 to present);
(c)   Green Boundary Club, Aiken, S.C.;
(d)   The Outing Club, Aiken, S.C."
Mr. McCants additionally reported:
"In June of 2003, and while undertaking to refinance my home, I became aware that my credit report listed an outstanding bill in the amount of $698.11, and classified that bill as a 'collection.' Upon investigation, I discovered that this bill represented the balance of charges for a surgical procedure performed for me in June 1997 at Aiken Regional Medical Centers. Upon further investigation, I learned that Aiken Regional had initially filed my claim for payment in 1997 with an insurance provider which no longer provided coverage for my family. Payment was subsequently made by the correct insurance provider, but Aiken Regional's records show that a bill for the balance was never forwarded to me. I have learned further that a collection agency first reported this bill, and four smaller bills, as outstanding in the Fall of 2002. After confirming that these bills were outstanding, I immediately made full payment. At no time did I attempt to avoid payment of these obligations."
The Commission commented on the fact that Mr. McCants conveyed a solid understanding of the law, especially in the civil area. They noted that he exhibited the dignity and temperament expected of a Circuit Court judge-that is courtesy and respect for others. The Commission found Mr. McCants qualified and nominated him for election to the Circuit Court bench.

Commission's Findings:   QUALIFIED AND NOMINATED

Pursuant to S.C. Code Ann. Section 2-19-40, the Commission waived the public hearing for Judge McFaddin since his candidacy for re-election was uncontested and no complaints were received.
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge George M. McFaddin, Jr. meets the qualifications prescribed by law for judicial service as a Family Court judge.
Judge McFaddin was born on November 4, 1954. He is 49 years old and a resident of Gable, South Carolina. Judge McFaddin provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1985.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge McFaddin.
Judge McFaddin demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.
Judge McFaddin reported that he has not made any campaign expenditures.
Judge McFaddin testified he has not:
(a)   sought or received the pledge of any legislator prior to screening;
(b)   sought or been offered a conditional pledge of support by a legislator;
(c)   asked third persons to contact members of the General Assembly prior to screening.
Judge McFaddin testified that he is aware of the Commission's 48-hour rule regarding the formal and informal release of the screening report.
(3)   Professional and Academic Ability:
The Commission found Judge McFaddin to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.
Judge McFaddin described his continuing legal or judicial education during the past five years as follows:
"2003   National Judicial College, Reno, Nevada, two weeks beginning October 13, 2003;

New Judges School, Family Court Judge Conference, 'Hot Tips' CLE;
2002     Family Court Judges Annual Judicial Conference, New Judges School;
2001     Magistrate's School;
2000     Domestic Violence;

Ethical Considerations in Family Law;

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

'Hot Tips' in Family Law;

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

Family Law Bench/Bar;

Ethics in Family Law;
1996     Alternative Dispute Resolution;
1995     Medicare & Medicaid;

'Hot Tips' in Family Law;

Adoption;

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

DUI Defense;

Trial Practice."
Judge McFaddin reported that he has taught the following law-related courses:
"In 1990/1991, I taught at Central Carolina Technical College in the paralegal division. I taught (1) trusts/estates (2) personal injury (3) worker's compensation."
Judge McFaddin reported that he has not published any books or articles.
(4)   Character:
The Commission's investigation of Judge McFaddin did not reveal evidence of any founded grievances or criminal allegations made against him. The Commission's investigation of Judge McFaddin did not indicate any evidence of a troubled financial status. Judge McFaddin has handled his financial affairs responsibly.
The Commission also noted that Judge McFaddin was punctual and attentive in his dealings with the Commission, and the Commission's investigation did not reveal any problems with his diligence and industry.
(5)   Reputation:
Judge McFaddin reported that his last available Martindale-Hubbell rating was "BV."
Judge McFaddin reported that he tried to join the Marines but poor night vision prevented this.
(6)   Physical Health:
Judge McFaddin appears to be physically capable of performing the duties of the office he seeks.
(7)   Mental Stability:
Judge McFaddin appears to be mentally capable of performing the duties of the office he seeks.
(8)   Experience:
Judge McFaddin was admitted to the South Carolina Bar in 1985.
Judge McFaddin provided the following account of his legal experience since graduation from law school:
"After my 1985 law school graduation, I worked as a law clerk to the Honorable Rodney A. Peeples until August 1986. As a law clerk I wrote orders, researched the law, and assisted with Judge Peeples' docket control practices.
In August 1986 I went to work as an associate at Bryan, Bahnmuller, King, Goldman & McElveen in Sumter, S.C. I handled family law and personal injury cases on 50/50 basis.
In June 1987 I was offered a job at the law office of John E. Miles. I handled family law matters mostly, but I handled also some personal injury and consumer law cases.
In January 1988 I left the above job and worked as an associate at Atkinson & Davis in Sumter, S.C. until August 1990, where I handled a good many family law cases, some personal injury cases, and a few criminal law cases to include an appeal argued before the Supreme Court.
In August 1990 I opened my own solo practice. I was a sole practitioner until August 1998. Again my practice was based heavily upon family law cases. I did serve as a part-time general sessions public defender from August 1990 until March 1991. I was also a part-time prosecutor in magistrate's court from late 1991 until the end of 1994. In 1994 I also began to serve as the juvenile public defender in the Family Court of Sumter County. I did this until August 1998 when I became a full-time magistrate. Overall, my practice was devoted 65% to family law cases."
Judge McFaddin reported the following regarding prior judicial service:
"Magistrate, Chief, Sumter County, S.C., Appointed July 1998 until July 2002. Court jurisdiction; civil up to $7,500.00; landlord/tenant; criminal where sentence does not exceed $500.00 or 30 days; all traffic offenses unless above DUI (1st) and DUS (2nd) and above if DUI-related;
Family Court Judge since July 8, 2002. (Elected 2/6/02);"
Judge McFaddin provided the following list of his most significant orders or opinions:
"(a)   In the interests of Avery and Drake, 2002-JU-43-278 & 279 (jurisdiction waived to GS; names not confidential). Two-day waiver hearing regarding two fifteen-year-old males who murdered by knife their Sunday school teacher. Kent v. U.S. factors used;
(b)   Baird v. Ardis and Spence v. Ardis, 95-DR-15-358 & 359. Ruling based on contempt action. Recitation of contempt law in Family Court;
(c)   Pendergrass v. Pendergrass, 02-DR-45-194. Day-long divorce involving issues of divorce, custody, visitation, property and attorney's fees. Also addressed paternity issue of one child;
(d)   Bretz v. Bretz, 00-DR-40-5024. Divorce action with issues of custody, and other child-related issues, alimony, equitable property division;
(e)   Bennett v. Witherspoon, 02-DR-43-729. Action for contempt and alimony modification. Court lacked jurisdiction to modify alimony because parties earlier agreed alimony to be 'non-modifiable' under Croom case law. Example of limit on Family Court's equity powers;
(f)   Gerald Lancaster v. Lovern Benn, Unpublished Opinion No. 203-UP-566, filed September 30, 2003."
Judge McFaddin reported that he has never been an unsuccessful candidate for elective, judicial, or other public office.
(9)   Judicial Temperament:
The Commission believes that Judge McFaddin's temperament has been and would continue to be excellent.
(10)   Miscellaneous:
The Pee Dee Citizens Committee reported that Judge McFaddin was qualified for re-election to the Family Court bench. The committee recommended Judge McFaddin without reservation.
Judge McFaddin is married to Cindy J. McFaddin. He has two children.
Judge McFaddin reported that he was a member of the following bar associations and professional associations:
"(a)   S.C. Bar from 1985 to Present;
(b)   American Bar Association, 1985 to 1990;
(c)   Sumter County Bar, 1985 to 1997;
(d)   S.C. Trial Lawyers, 1986 to 1991;
(e)   American Trial Lawyers Association, Sporadically from 1986 to 1995.

No offices held in any of the above."
Judge McFaddin provided that he was a member of the following civic, charitable, educational, social, or fraternal organizations:
"(a)   Sumter County Volunteer Firefighter since 1974;
(b)   Member and Past Clerk of Session at Salem Black River Presbyterian Church;
(c)   2001 YWCA Judiciary Award for CDV Court Initiative/Creation;
(d)   City of Sumter Teen Court Recognition Award;
(e)   2002 Order of the Silver Crescent for Community Service."
The Commission found Judge McFaddin qualified and nominated him for re-election to the Family Court bench.

Commission's Findings:   QUALIFIED AND NOMINATED

Pursuant to S.C. Code Ann. Section 2-19-40, the Commission waived the public hearing for Judge McLin since her candidacy for re-election was uncontested and no complaints were received.
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Nancy Chapman McLin meets the qualifications prescribed by law for judicial service as a Family Court judge.
Judge McLin was born on September 5, 1963. She is 40 years old and a resident of Summerville, South Carolina. Judge McLin provided in her application that she has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1988.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge McLin.
Judge McLin 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 McLin reported that she has not made any campaign expenditures.
Judge McLin testified she has not:
(a)   sought or received the pledge of any legislator prior to screening;
(b)   sought or been offered a conditional pledge of support by a legislator;
(c)   asked third persons to contact members of the General Assembly prior to screening.
Judge McLin testified that she is aware of the Commission's 48-hour rule regarding the formal and informal release of the screening report.
(3)   Professional and Academic Ability:
The Commission found Judge McLin to be intelligent and knowledgeable. Her performance on the Commission's practice and procedure questions met expectations.
Judge McLin described her continuing legal or judicial education during the past five years as follows:
"a)   2002 Judicial Continuing Legal Education:

Family Law Section, January 25, 2002;

Family Court Judges Conference, May 1-2, 2002;

Annual Judicial Conference, August 22-23, 2002;

Family Court Bench/Bar Update, December 6, 2003.
b)   2001 Judicial Continuing Legal Education:

Family Law Section, January 26, 2001;

Family Court Judges Conference, May 3-4, 2001;

Family Court Bench/Bar Update, December 7, 2001.
c)   2000 Judicial Continuing Legal Education:

Family Law Section, January 21, 2000;

Family Court Judge Conference, May 3-4, 2000;

SCTLA Convention, August 3, 2000;

Annual Judicial Conference, August 16-17, 2000;
Family Court Bench/Bar Update, December 1, 2000.
d)   1999 Judicial Continuing Legal Education:

Family Law Section, January 22, 1999;

Family Court Judge Conference, May 19-20, 1999;

SCTLA Convention, August 5, 1999;

Annual Judicial Conference, August 19-20, 1999;

Family Court Bench/Bar Update, December 3, 1999.
e)   1998 Judicial Continuing Legal Education:

Family Court Judge Conference, May 21-22, 1998;
Orientation School for New Family Court Judges, June 29-30, 1998;
SCTLA Annual Convention, August 13, 1998;
Annual Judicial Conference, August 20-21, 1998;
Family Court Bench/Bar Update, November 6, 1998;

Seminar for Chief Judges for Administrative Purposes, December 6, 1998."
Judge McLin reported that she has taught the following law-related courses:
"(a)   South Carolina Bar Association CLE, Tips from the Bench, III, December 13, 2002; Topic: Adoptions;
(b)   South Carolina Bar Association CLE, Tips from the Bench, II, December 14, 2001, Topic: Adoptions   ;
(c)   Charleston County Bar Association CLE, Family Law, November 30, 2001, Topic: Family Court Check Lists;
(d)   Domestic Law in South Carolina, on or about August 25, 1992. I lectured at a seminar on Domestic Law in South Carolina, sponsored by the National Business Institute. The topics of the lecture included prenuptial agreements, alimony, child support, custody, equitable distribution issues and a South Carolina Law update. I assisted in the preparation of the written materials with Diane Schafer Goodstein, who was originally scheduled to lecture/teach; however, I ultimately lectured at the seminar along with another attorney when Goodstein was unable to participate."
Judge McLin reported that she had published only the materials necessary for the above courses or lectures she gave.
(4)   Character:
The Commission's investigation of Judge McLin did not reveal evidence of any founded grievances or criminal allegations made against her. The Commission's investigation of Judge McLin did not indicate any evidence of a troubled financial status. Judge McLin has handled her financial affairs responsibly.
The Commission also noted that Judge McLin 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 McLin reported that she was not rated by Martindale-Hubbell.
Judge McLin reported that she has held the following offices:
"(a)   President, Dorchester County Bar Association, 1994-1996, Elected by the Dorchester County Bar Association;
(b)   Board Member, Dorchester County Public Defender's Corporation, 1994-1996, Appointed;
(c)   Panel Member, First Judicial Circuit of the Resolution of Fee Dispute Board of the South Carolina Bar Association, 1992-1998, Appointed."
(6)   Physical Health:
Judge McLin appears to be physically capable of performing the duties of the office she seeks.
(7)   Mental Stability:
Judge McLin appears to be mentally capable of performing the duties of the office she seeks.
(8)   Experience:
Judge McLin was admitted to the South Carolina Bar in 1988.
Judge McLin gave the following account of her legal experience since graduation from law school:
"June 1, 1998 -Present:
Family Court Judge, First Judicial Circuit, Seat 3;
April-May 1998:
Attorney with firm of Rosen, Goodstein and Hagood
I was technically an employee of Rosen, Goodstein and Hagood for approximately two weeks when my previous firm of Goodstein and Goodstein merged with the firm of Rosen, Rosen and Hagood to form the new firm of Rosen, Goodstein and Hagood. During my brief employment with this firm, I was in the process of closing my law practice;
1990-1998:
Attorney with the firm of Goodstein and Goodstein, P.A.
During my employment with Goodstein & Goodstein, I enjoyed a general law practice, including but not limited to family law, personal injury, products liability, education law, employment law, and criminal law. The majority of my practice involved domestic cases;
1988-1990:
Judicial Law Clerk for the Honorable William T. Howell
At the time of my employment, Judge Howell was a Circuit Judge. He subsequently was elected as the Chief Judge of the South Carolina Court of Appeals. As Judge Howell's law clerk, I had the following responsibilities: legal research, drafting orders, docket management, coordination of motions hearings; review of briefs, memorandums motions and other legal pleadings; preparation of voir dire and jury charges."
Judge McLin provided the following list of her significant orders:
"(a)   Kimble v. Kimble, Case Number 98-DR-18-1585, Final Order and Decree of Divorce, dated October 7, 1999. I prepared this Final Order;
(b)   Church v. Shilling, Case Number 2000-DR-07-702, Final Order Modifying Custody and Visitation, dated May 9, 2001;
(c)   Houdek v. Houdek, Case Number 98-DR-10-3126, Final Order and Decree of Divorce, dated November 10, 1999. I prepared this Final Order;
(d)   Griffin v. Dickey, Case Number 90-DR-18-1507 and 00-DR-18-810, Order dated July 10, 2002. I prepared this Order;
(e)   Graham v. Graham, Case Number 97-DR-18-1657, Final Order and Decree of Divorce, dated November 19, 1998."
Judge McLin reported no other employment during her service as a judge.
Judge McLin reported that she has never been an unsuccessful candidate for elective, judicial, or other public office.
(9)   Judicial Temperament:
The Commission believes that Judge McLin's temperament has been and would continue to be excellent.
(10)   Miscellaneous:
The Lowcountry Citizens Committee reported that Judge McLin met the established criteria and was qualified for re-election to the Family Court.
Judge McLin is married to Ray Elliott McLin, Jr. She has one child.
Judge McLin reported that she was a member of the following bar associations and professional associations:
"(a)   South Carolina Family Court Judges Association;
(b)   South Carolina Bar Association."
Judge McLin provided that she was a member of the following civic, charitable, educational, social, or fraternal organizations:
"(a)   Mt. Hebron United Methodist Church;
(b)   Bethany United Methodist Church."
Judge McLin additionally provided the following information:
"Since being elected as a Family Court Judge for the First Judicial Circuit, I have served as the Chief Administrative judge for three of the last five years. As Chief Administrative judge, I have worked hard to improve the management of the court docket. As a result, the delays for requested trials and hearings have been significantly reduced. We have prepared many forms which have expedited the entry of Court Orders. Additional forms have been prepared to assist pro se litigants and court personnel."
The Commission found Judge McLin qualified and nominated her for re-election as a Family Court judge.

Commission's Findings:   QUALIFIED AND NOMINATED
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Peter R. Nuessle meets the qualifications prescribed by law for judicial service as a Family Court judge.
Judge Nuessle was born on February 26, 1945. He is 58 years old and a resident of Aiken, South Carolina. Judge Nuessle provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1970.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge Nuessle.
Judge Nuessle 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 Nuessle reported that he has not made any campaign expenditures.
Judge Nuessle 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 Nuessle 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 Nuessle to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.
Judge Nuessle described his continuing legal or judicial education during the past five years as follows:
"I attended all mandatory JCLE courses as required by the Supreme Court of South Carolina in excess of the required 15 hours a year.
2003

08/20 through

08/21     Judicial Conference;

04/30     Family Court Judges Conference;

01/24     Family Law, Part II;
2002

08/22     Judicial Conference;

05/01     Family Court Judges Conference;

01/25     Family Law Section II-Taxes;
2001

08/23     Judicial Conference;

05/03     2001 Family Court Judges Conference;

01/26     Family Law Section;
2000

12/01     Family Court Bench/Bar Conference;

05/03     Family Court Judges Conference;

01/21     Family Law Section;
1999

08/19     SCCA Judicial Conference;

05/19     Family Court Judges Conference;

01/22     S.C. Bar Family Law Section, Midyear Meeting."
Judge Nuessle reported that he taught Business Law at Aiken Technical College from 1973 to 1979.
Judge Nuessle reported that he has not published any books or articles.
(4)   Character:
The Commission's investigation of Judge Nuessle did not reveal evidence of any founded grievances or criminal allegations made against him. The Commission's investigation of Judge Nuessle did not indicate any evidence of a troubled financial status. Judge Nuessle has handled his financial affairs responsibly.
The Commission also noted that Judge Nuessle was punctual and attentive in his dealings with the Commission, and the Commission's investigation did not reveal any problems with his diligence and industry.
(5)   Reputation:
Judge Nuessle reported that he was not rated by Martindale-Hubbell.
(6)   Physical Health:
Judge Nuessle appears to be physically capable of performing the duties of the office he seeks.
(7)   Mental Stability:
Judge Nuessle appears to be mentally capable of performing the duties of the office he seeks.
(8)   Experience:
Judge Nuessle was admitted to the South Carolina Bar in 1970.
Judge Nuessle provided the following account of his legal experience since graduation from law school:
"1970-73:     Associate, Garvin and Grant, Aiken, S.C., General Practice;
1973-78:     Garvin, Grant, Fox, Nuessle, Zier and Burkhalter, Aiken, S.C., General Practice;
1978-79:     Peter R. Nuessle, Attorney at Law, Aiken, S.C., General Practice;
1979-83:     General Counsel, South Carolina State Housing Authority, Columbia, S.C., Multi-Family Housing Bond Issues;
1983 to date:   Family Court Judge, Second Judicial Circuit, Seat 1, Aiken, S.C."
Judge Nuessle provided the following list of his significant orders or opinions:
"(a)   Margaret W. Topp v. Stephen V. Topp, 82-DR-02-1647; Judgment Roll #66,1161, Aiken County;
(b)   Aiken County Dept. of Social Services v. David Wilcox and Renee Wilcox, 88-DR-02-1773, Aiken County;
(c)   Clair M. Ahrens v. Lester G. Ahrens, 87-DR-02-1285, Aiken County;
(d)   Timothy R. Campbell v. Louise T. Campbell, 95-DR-02-286, Aiken County, Unpublished;
(e)   Carla Beal Litchfield v. William E. Litchfield & Stephanie Litchfield, and Carla Beal Radcliff, Counter-Defendant and Patricia Beal and Carl Beal, Cross-Defendants, 99-DR-18-0146, Dorchester County."
Judge Nuessle reported that in 1980 he was a candidate for the Aiken County Council, District 7.
(9)   Judicial Temperament:
The Commission believes that Judge Nuessle's temperament has been and would continue to be excellent.
(10)   Miscellaneous:
The Midlands Citizens Committee found Judge Nuessle to be a qualified and highly-regarded judge. The committee approved of his re-election to the Family Court bench.
Judge Nuessle is married to Barbara Patterson Nuessle. He has two children.
Judge Nuessle reported that he was a member of the following bar associations and professional associations:
"(a)   So. Carolina, Aiken County Bar;
(b)   Phi Alpha Delta Legal Fraternity;
(c)   Family Court Judges Conference."
Judge Nuessle provided that he was a member of the following civic, charitable, educational, social, or fraternal organizations:
"(a)   Sigma Chi Fraternity;
(b)   St. Paul's Episcopal Church, Graniteville, S.C.;

Lay Reader, Chalice Bearer, Member of the Vestry and former Senior Warden."

The Commission found Judge Nuessle qualified and nominated him for re-election to the Family Court bench.

Commission's Findings:   QUALIFIED AND NOMINATED

Pursuant to S.C. Code Ann. Section 2-19-40, the Commission waived the public hearing for Judge Rucker since his candidacy for re-election was uncontested and no complaints were received.
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge John M. Rucker meets the qualifications prescribed by law for judicial service as a Family Court judge.
Judge Rucker was born on October 22, 1944. He is 59 years old and a resident of Newberry, South Carolina. Judge Rucker 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 Rucker.
Judge Rucker 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 Rucker reported that he has not made any campaign expenditures.
Judge Rucker 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 Rucker 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 Rucker to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.
Judge Rucker described his continuing legal or judicial education during the past five years as follows:
"Governor's Conference on Youth Crime, 03/05/98;
Family Court Judges Conference, 05/21/98;
Trial Lawyers Annual Convention, 08/13/98;
S.C. Judicial Conference, 08/20/98;
Family Law Section-Midyear Meeting S.C. Bar, 01/22/99;
Family Court Judges Conference, 05/19/99;
Trial Lawyers Annual Convention, 08/05/99;
S.C. Judicial Conference, 08/19/99;
South Carolina Family Court Bench/Bar, 12/03/99;
Trial Lawyers Annual Convention, 08/16/00;
S.C. Judicial Conference, 08/16/00;
Family Court Bench/Bar, 12/01/00;
Family Law Section, S.C. Bar, 01/26/01;
Family Court Judges Conference, 05/03/01;
Orientation School for New Judges, 07/02/01;
S.C. Judicial Conference, 08/23/01;
Family Law Update, 12/01;
Family Court Judges Conference, 05/01/02;
Family Law Section Taxes, S.C. Bar, 01/25/02;
Trial Lawyers Annual Convention, 08/01/02;
S.C. Judicial Conference, 08/22/02;
Family Law, S.C. Bar, 01/24/03."
Judge Rucker reported that he has taught the following law-related course:
"Child Support Decision-Making 2000, National Child Support Enforcement Association Conference, Speaker and Member of Panel. Washington, D.C."
Judge Rucker reported that he has not published any books or articles.
(4)   Character:
The Commission's investigation of Judge Rucker did not reveal evidence of any founded grievances or criminal allegations made against him. The Commission's investigation of Judge Rucker did not indicate any evidence of a troubled financial status. Judge Rucker has handled his financial affairs responsibly.
The Commission also noted that Judge Rucker was punctual and attentive in his dealings with the Commission, and the Commission's investigation did not reveal any problems with his diligence and industry.
(5)   Reputation:
Judge Rucker reported that his last available Martindale-Hubbell rating was "BV."
Judge Rucker reported that he has held the following public offices:
"(a)   South Carolina House of Representatives, elected 1976 to 1980;
(b)   Commissioner, South Carolina Tax Commission, appointed February 1984 to June 30, 1988."
(6)   Physical Health:
Judge Rucker appears to be physically capable of performing the duties of the office he seeks.
(7)   Mental Stability:
Judge Rucker appears to be mentally capable of performing the duties of the office he seeks.
(8)   Experience:
Judge Rucker was admitted to the South Carolina Bar in 1969.
Judge Rucker gave the following account of his legal experience since graduation from law school:
"June 1969 to October 1969:
Associate, Tench P. Owens, Attorney, Clinton, S.C.;
October 1969 to February 1971:
Private Practice, Clinton, S.C.;
February 1971 to June 30, 1988:
Private Practice, Newberry, S.C.
(In all of the above I was engaged in the General Practice of Law);
July 1, 1988 to present:
Family Court Judge."
Judge Rucker provided the following list of his most significant orders:
"(a)   Doe v. Queen. This case involved the question as to whether the father of illegitimate child had met the requirements of S.C. Code 20-7-1690(A)(5)(b) requiring the father to pay fair and reasonable support for the child or for expenses incurred with the pregnancy. I held that the father had made sufficient prompt and good faith efforts to assume parental responsibility. The Court of Appeals reversed my order in its opinion reported in 342 S.C. 204, 535 S.E.2d 658. The Supreme Court of South Carolina granted certiorari and reversed the Court of Appeals reinstating my order. 347 S.C. 4, 552 S.E.2d 761;
(b)   McElveen v. McElveen, 332 S.C. 583, 506 S.E.2d 1. This is an extremely complicated case involving proof required for divorce on ground of adultery, alimony, child support, the division of marital property and the valuation of a medical practice. The Court of Appeals affirmed my ruling as to the proof of adultery and child support. The Court of Appeals further ruled that a buy-sell agreement entered into between partners could be an indicator of fair market value but must be considered in light of other evidence;
(c)   Chanko v. Chanko, 327 S.C. 636, 490 S.E.2d 630. Included in this case was the issue of whether TWOP Accounts (Time off with pay accounts) used by some businesses rather than sick leave or vacation days are income to be added to the employee's income for child support purposes. I determined that this was not to be included in the gross income. This was upheld by the Court of Appeals;
(d)   Snook v. Snook, 97-DR-36-11. Issue as to whether South Carolina Family Court or the Courts of another state had jurisdiction to determine custody of a minor child when the child had along with parents moved to another state and remained for five months until mother and child moved back to South Carolina. Father contended that mother did not make evident her intention to remain in South Carolina until she filed custody action several months later. The statute in issue was the portion of the UCCJA (S.C. Code 20-7-786 (5)) which states "Periods of temporary absence of any such persons are counted as part of the six month period." Case turned on factual issues. I ruled that South Carolina had jurisdiction under provisions of the UCCJA;
(e)   Richardson v. Richardson, 95-Dr-36-0588. This case involved the equitable distribution of an employer funded retirement plan for partners in the firm. The husband had been a partner for approximately four years at the time of filing of the marital litigation. The partnership agreement required that an individual be a partner for seven years before the retirement vested. I ruled that under the terms of the partnership agreement the non-contributory retirement benefits had not become marital property and denied the wife any interest in the retirement."
Judge Rucker reported no other employment during his service as a judge.
Judge Rucker reported that he has been an unsuccessful candidate for the following offices:
"(a)   Candidate, House of Representatives, Democratic Primary 1974 and 1980;
(b)   Candidate, At Large Circuit Judgeship, 1982;
(c)   Candidate, Resident Circuit Court Judgeship, 1998."
(9)   Judicial Temperament:
The Commission believes that Judge Rucker's temperament has been and would continue to be excellent.
(10)   Miscellaneous:
The Piedmont Citizens Committee found Judge Rucker to be eminently qualified for re-election to the Family Court.
Judge Rucker is married to Harriet Lee Rucker. He has two children.
Judge Rucker reported that he was a member of the following bar associations and professional associations:
"(a)   South Carolina Bar;
(b)   South Carolina Family Court Judges Association (President 1996-97)."
Judge Rucker provided that he was a member of the following civic, charitable, educational, social, or fraternal organizations:
"(a)   Central United Methodist Church;
(b)   Rotary Club of Newberry;
(c)   Mason, Shriner."
The Commission found Judge Rucker qualified and nominated him for re-election as a Family Court judge.

Commission's Findings:   QUALIFIED AND NOMINATED
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Wyatt T. Saunders, Jr. meets the qualifications prescribed by law for judicial service as a Circuit Court judge.
Judge Saunders was born on September 20, 1942. He is 61 years old and a resident of Laurens, South Carolina. Judge Saunders 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 Judge Saunders.
Mr. Robert Sherard timely filed a complaint against Judge Saunders regarding Judge Saunders' handling of certain matters involving Mr. Sherard's divorce from his former wife. Judge Saunders handled these matters in 1997 and 1998 during his prior service as Family Court Judge for the Eighth Judicial Circuit.
Mr. Sherard complained in part that Judge Saunders had not properly controlled the proceedings in his courtroom in that he allowed an observer to converse with his former wife and her attorney during the proceedings and while they were seated at counsel's table. Judge Saunders admitted that such a conversation may have taken place but offered that he allows such conversations if they are brief and do not interrupt the proceedings. The Commission is satisfied that Judge Saunders' approach is well accepted among the bench and, often, assists in the orderly and efficient handling of cases. As such, the Commission does not find merit in this part of Mr. Sherard's complaint.
Mr. Sherard also complained that Judge Saunders engaged in a courthouse grounds conversation with a friend of his ex-wife regarding Judge Saunders' 1998 candidacy for the Circuit Court and that when advised that this conversation was inappropriate, Judge Saunders failed to recuse himself. After full inquiry, the Commission found these aspects of the complaint to be without merit. As the complainant did not overhear the conversation, the Commission must necessarily rely upon Judge Saunders' recollection that the brief conversation in no way focused on the divorce action and that he was generally unaware of the other party to the conversation in relationship to the ex-wife. As to recusal, the record indicated that when Judge Saunders was made fully aware of the potential for his continued hearing of the case to impact public confidence in the judiciary (though for no fault on his part), he immediately recused himself. It appears to the Commission that this matter arises out of an acrimonious divorce and custody matter and the matter has engendered a significant pattern of other "fallout" litigation. While the Commission must zealously guard its obligation and duty to screen judges, it will not become a tool or pawn in such a pattern.
Judge Saunders 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 Saunders reported that he has not made any campaign expenditures.
Judge Saunders 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 Saunders 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 Saunders to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.
Judge Saunders described his continuing legal or judicial education during the past five years as follows:
"I have complied with the CLE requirements by attending approved seminars and reporting annually on my attendance. When I was a practicing attorney, the seminars included various subjects relating to my interests and intellectual needs. Since election to the judiciary in 1994, I have complied with the JCLE requirements by attending approved seminars and reporting on my attendance."
Judge Saunders reported the following regarding law-related courses he has taught:
"I taught business law for adult education classes held at night school in Laurens from 1973 until 1975 (dates approximate.) In December 2002, I spoke on trial tactics, strategy and evidence at the Auto Torts Convention in Atlanta, sponsored by S.C. Trial Lawyers Association."
Judge Saunders reported that he has not published any books or articles.
(4)   Character:
The Commission's investigation of Judge Saunders did not reveal evidence of any founded grievances or criminal allegations made against him. The Commission's investigation of Judge Saunders did not indicate any evidence of a troubled financial status. Judge Saunders has handled his financial affairs responsibly.
The Commission also noted that Judge Saunders was punctual and attentive in his dealings with the Commission, and the Commission's investigation did not reveal any problems with his diligence and industry.
(5)   Reputation:
Judge Saunders reported that his last available Martindale-Hubbell rating was "AV."
Judge Saunders reported the following concerning prior public offices held:
"Police Officer, City of Laurens, 1962-1965, appointed by William J. 'Bill' Power, Chief of Police, and sworn into office by James Brownlee, City Clerk and Treasurer; City Attorney, City of Laurens, 1972-1992, elected by the public body making the appointment; Counsel to the Commission of Public Works, Laurens, S.C., 1993 until 30 September 1994, elected by the public body making the appointment."
(6)   Physical Health:
Judge Saunders appears to be physically capable of performing the duties of the office he seeks.
(7)   Mental Stability:
Judge Saunders appears to be mentally capable of performing the duties of the office he seeks.
(8)   Experience:
Judge Saunders was admitted to the South Carolina Bar in 1968.
Judge Saunders provided the following account of his legal experience since graduation from law school:
"I commenced the general practice of law in Laurens in 1968, always as a sole practitioner. I was city attorney for the City of Laurens from 1972-1992. I represented the Commission of Public Works as counsel from 1993-1994 when I was elected to the judiciary. During the period from 1972 through 1988, I represented the State of South Carolina, Highway Department, by association by the Office of the Attorney General, Duke Power Company, insurance companies and smaller corporations. After 1988, I represented only one insurance company and smaller closely held local corporations. My practice of law was general and included civil, criminal, domestic and administrative law practice in the state and federal courts."   Judge Saunders reported the following concerning his prior judicial positions:
"I was elected on 25 May 1994, to fill the unexpired term of the Honorable William J. Craine, Jr., as Family Court Judge, Seat #1, Eighth Judicial Circuit. Jurisdiction of the Family Court in South Carolina is prescribed by Statute to include domestic relations and juvenile matters in its original jurisdiction, the jurisdiction being set out in Sections 20-7-400 and 20-7-420, 1976 South Carolina Code of Laws, as amended. I was elected to the Circuit Court, Seat #1, Eighth Judicial Circuit on 16 June 1998 and am currently seeking re-election to this position. The Circuit Court is the general trial court in this state."
Judge Saunders provided the following list of his significant orders:
"(a)   Amy G. Dykema, as Personal Representative of the Estate of David Bruce Dykema, Plainfiff, v. Carolina Emergency Physicians, P.C., Greenville Hospital System, and Companion Healthcare Corporation, Defendants, C/A 98-CP-23-1683, Order dated 21 May 1999); cited at 348 SC 549, 560 S.E.2d 894 (2002);
(b)   Accent Building Company, Inc. v. The Cliffs at Glassy, Inc., C/A 99-CP-23-1247, (Order dated 20 May 1999, and Order of Reconsideration dated 12 April 2000); Unpublished Opinion appellate opinion No. 2001-UP-463, filed 01 November 2001;
(c)   Greenville County v. Kenwood Enterprises, Inc. and Elephant, Inc., d/b/a Management, Inc., d/b/a Heartbreakers, C/A 2000-CP-23-4751, and v. Pretty Woman, Inc., C/A 2000-CP-23-4752, (Orders dated 19 January 2001, 01 February 2001, and Order of Reconsideration dated 01 February 2001, and Form Order dated 05 February 2001); cited at 353 S.C. 157, 577 S.E.2d 428 (2003);
(d)   Carolina Travel Consultants, Inc. and Ray V. Damani, d/b/a Carolina Travel Consultants v. Milliken & Company, C/A 98-CP-42-0144; (Order dated 11 December 2000); Unpublished Opinion No. 2003-UP-125, filed 18 February 2003;
(e)   The State v. Reyes Cabrera-Pena, Court of Appeals Opinion No. 3500, filed 20 May 2002, cited at 350 S.C. 517, 567 S.E.2d 472 (2002)."   Judge Saunders reported that in 1995 he filed for election as Circuit Judge At-Large, Seat 11, but withdrew prior to the election. (9)   Judicial Temperament:
The Commission believes that Judge Saunders' temperament has been and would continue to be excellent.
(10)   Miscellaneous:
The Piedmont Citizens Committee found Judge Saunders to be eminently qualified for continued service on the Circuit Court bench.
Judge Saunders is married to Laura Holland Uzzell. He has three children.
Judge Saunders reported that he was a member of the following bar associations and professional associations:
"(a)   The South Carolina Bar;
(b)   The South Carolina Association of Circuit Court Judges."
Judge Saunders provided that he was a member of the following civic, charitable, educational, social, or fraternal organizations:
"(a)   The First Methodist Church, Laurens, S.C.;
(b)   Laurens Cotillion Club (resigned);
(c)   Laurens Carolean Club (resigned);
(d)   Laurens Supper Club (resigned);
(e)   Hejaz Shrine Temple, Greenville (became inactive, 1997);
(f)   Laurens Palmetto Lodge #19, AFM (became inactive 1997);
(g)   Laurens County Shrine Club (became inactive 1997);
(h)   The Knights of Shag, which is also known as The Sherlock Holmes Society, Greenville, S.C.;
(i)   Kiwanis Club (resigned); Sertoma Club (resigned)."
Judge Saunders also provided the following:
"My experience as a police officer has been of immense value to me in my practice of law and as a judge."
The Commission found Judge Saunders qualified and nominated him for re-election to the Circuit Court bench.

Commission's Findings:   QUALIFIED AND NOMINATED
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Edward M. Sauvain meets the qualifications prescribed by law for judicial service as a Circuit Court judge.
Judge Sauvain was born on March 19, 1949. He is 54 years old and a resident of Greenville, South Carolina. Judge Sauvain 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 Sauvain.
Judge Sauvain 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 Sauvain reported that he has not made any campaign expenditures.
Judge Sauvain 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 Sauvain 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 Sauvain to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.
Judge Sauvain described his continuing legal or judicial education during the past five years as follows:
"September 2003   S.C. Association of Probate Judges Fall Conference;

Annual Probate Bench/Bar Conference;
May 2003     Probate Court Bench and Staff Conference;

Various topics related to Probate Court issues through the National College of Probate Judges conferences;
March 2003     Logic and Opinion Writing at National Judicial College;
January 2003   New Probate Judge's School;
November 2002   Various topics related to Probate Court issues through the National College of Probate Judges conferences;
September 2002   S.C. Association of Probate Judges Fall Conference;

Annual Probate Bench/Bar Conference;
May 2002     Probate Court Bench and Staff Conference;

Various topics related to Probate Court issues through the National College of Probate Judges conferences;
March 2002     S.C. Association of Probate Judges Legislative Conference;
November 2001   Software Solutions in law offices;
May 2001     S.C. Employment Law Update;
April 2001     Mergers and Acquisitions in S.C.;
July 2000     Qualified State Tuition Program;
March 2000     Current Trends in Intellectual Property Advance Directives in S.C.;
February 2000   Mechanic's Lien Law;
May 1999     Cool Tips from the Hottest Lawyers (Domestic Relations);
March 1999     Mechanic's Liens;
August 1998   LAW Tech (Technology in law offices);
April 1998     Workplace Harassment Litigation."
Judge Sauvain reported that he has taught the following law-related courses:
"(a)   I've taught classes on mental health commitments, guardianships, and conservatorships to attorneys and paralegals at the annual Legal Staff Professionals of Greenville Conferences in 2002 and 2003;
(b)   I was one of the instructors for a series of classes in January 2003, on the use of Excel spreadsheets for docket reporting for Probate Judges and staff at Court Administration;
(c)   In September 2002, I was organizer and moderator of the Greenville County Probate Court's 'Town Hall' meeting, for the both the legal profession and the public, on mental health issues affecting the community.
(d)   I was a speaker at the South Carolina Probate Judges Association conference in September 2002, on an Excel based report to be sent to Court Administration as a replacement for docket sheets;
(e)   I was a speaker at the Probate Bench Bar CLE in September 2002, on technology in the Probate Courts;
(f)   In September 2003, I made presentations on the probate court and mental health commitments to physicians and staff at area psychiatric hospitals;
(g)   I am scheduled to make two presentations in October 2003:

National Academy of Elder Law Attorneys on Probate Court issues.

Greenville County Bar Association on Wills, Living Wills, and Powers of Attorney."
Judge Sauvain reported that he has not published any books or articles.
(4)   Character:
The Commission's investigation of Judge Sauvain did not reveal evidence of any founded grievances or criminal allegations made against him. The Commission's investigation of Judge Sauvain did not indicate any evidence of a troubled financial status. Judge Sauvain has handled him financial affairs responsibly.
The Commission also noted that Judge Sauvain was punctual and attentive in his dealings with the Commission, and the Commission's investigation did not reveal any problems with him diligence and industry.
(5)   Reputation:
Judge Sauvain reported that his Martindale-Hubbell rating was "BV."
Judge Sauvain reports that he has held no public offices, but reports the following military service:
"United States Air Force, 1971-1975, 1st Lieutenant, Honorable Discharge."
(6)   Physical Health:
Judge Sauvain appears to be physically capable of performing the duties of the office he seeks.
(7)   Mental Stability:
Judge Sauvain appears to be mentally capable of performing the duties of the office he seeks.
(8)   Experience:
Judge Sauvain was admitted to the South Carolina Bar in 1978.
Judge Sauvain provided the following account of his legal experience since graduation from law school:
"Center on National Labor Policy, Inc., 1978-1979: A public interest law firm dealing with labor and employment law;
Haynsworth, Baldwin, Johnson & Greaves, 1979-1983: Labor and employment law representing management;
PYA-Monarch, Inc., 1983-1986: Labor Counsel and Manager & Director of Labor Relations. This involved all aspects of employment law;
Sole Practitioner, 1986-1988: General legal practice including domestic relations, employment law, wills, real estate, personal injury, and criminal law in magistrates court, family court, common pleas and general sessions;
13th Circuit Solicitor's Office, 1987-1988: I served as a part-time special prosecutor handling DSS abuse and neglect cases in Family Court;
Culbertson, Christophillis & Sauvain, 1988-1996: General practice including domestic relations, employment law, collections, construction law, incorporations, business sales, wills, real estate, personal injury, and criminal law. From 1988 through 1992, I served as a contract public defender for Greenville County as part of my practice. Later, I served on the CJA panel as an appointed federal public defender;
Sole Practitioner, 1996-2002: General legal practice as above.
Associate Probate Judge, Greenville County, 2002 to present: I handled mental health and chemical dependency commitment proceedings, as well as other types of probate cases including matters relating to trusts, wills, wrongful death settlements, minor settlements, guardianships, and conservatorships."
Judge Sauvain reported that he has held no prior judicial positions besides his current position as Associate Probate judge.
Judge Sauvain reported the frequency of his court appearances during the past five years:
"(a)   Federal:   several times per month;
(b)   State:     several times per month."
Judge Sauvain reported the percentage of his practice involving civil, criminal, and domestic matters during the last five years as follows:
"(a)   Civil:     40%;
(b)   Criminal:   30%;
(c)   Domestic:   30%."
Judge Judge Sauvain described his experiences in criminal and civil matters as follows:
"Experience in Criminal Matters:
Before becoming Associate Probate Judge, my private law practice (after 1986) included a significant amount of criminal work in the Court of General Sessions and in magistrate's court. I was a contract public defender for Greenville County between 1988 and 1992, and have handled hundreds of criminal cases of all types. However, I have not handled a death penalty case. Additionally, I have practiced criminal law in the United States District Court for South Carolina where I have handled a wide variety of federal offenses. My experience includes bond hearings, motion hearings, guilty pleas and jury trials to verdict.
Experience in Civil Matters:
Over the course of my career I have represented both plaintiffs and defendants in a variety of civil matters. I have handled automobile accident cases, fraud cases, libel and slander cases, contract disputes, employment law cases, collections cases, construction cases, matters in the Probate Court, and real estate proceedings including disputes over real property and real estate closings. I spent a significant amount of my time in Family Court and have handled hundreds of cases of all types in that Court since 1986. Additionally, I have represented a number of inmates in Post Conviction Relief proceedings."
Judge Sauvain reported the percentage of his practice in trial court during the last five years as follows:
"(a)   Jury:     5%;
(b)   Non-Jury:   95%."
Judge Sauvain reported that he most often served as sole counsel.
Judge Sauvain's provided the following list of his five most significant litigated matters:
"(a)   Schrennen v. Carolina Construction Company, 93-CP-04-1168. Following a trial, the jury granted Plaintiff's request for specific performance of contract by a builder to repurchase real estate. This case was significant because the burden of proof (clear and convincing) was higher since we were seeking specific performance;
(b)   Savage v. ETT Environmental, 96-CP-23-5048. This was an employment case involving multiple issues relating to an employee's termination, including allegations of retaliation in violation of various state and federal laws and alleged violations of overtime pay rules. The case was settled after a jury verdict;
(c)   Ives v. Ives, 89-DR-23-4681. The case involved valuation of a closely held business and the validity of the assumptions of the expert as to valuations. The Family Court order was upheld on appeal;
(d)   Worley v. Dargan Construction, et al., 98-CP-26-2943. This was a large, multi-defendant construction case involving alleged defects in a beachfront hotel. It was significant to me because of the complexity of the litigation, and the number of defendants involved. When I closed my practice in 2002, the case was still pending and another firm assumed representation of my client;
(e)   Ballenger v. State, 96-CP-23-2979. This was a post conviction relief case. The client's conviction, following a jury trial, had been reversed by the Court of Appeals, but was reinstated by the Supreme Court. The trial court denied relief on the PCR claim; but the Supreme Court reversed and granted the PCR in an unpublished opinion. The case dealt with a number of issues including ineffective assistance of counsel, chain of custody, and sufficiency of the evidence."
The following is Judge Sauvain's account of five civil appeals he has personally handled:
"(a)   Ballenger v. State, South Carolina Supreme Court, 2001, 2001-MO-058. See discussion above for issues;
(b)   Bigham v. Bigham, South Carolina Court of Appeals, 1997, 97-UP-114. This appeal involved multiple issues in a divorce case including whether the allocation of debt and the requirement that the husband pay alimony to the wife for her to pay the debt constituted an automatic increase in alimony;
(c)   Jenkins v. Jenkins, South Carolina Court of Appeals, 1993, unpublished. This case dealt with the issue of whether co-habitation by the supported spouse was sufficient to terminate alimony and with construction of a settlement agreement;
(d)   Ives v. Ives, South Carolina Court of Appeals, 1992, 92-UP-129. See discussion above for issues;
(e)   South Carolina Dep't of Social Services v. Father, 294 S.C. 518; 366 S.E.2d 40; 1988 S.C. App. 1988). I represented DSS in this case which dealt with the issue of whether corporal punishment which resulted in bruising constituted physical injury in a child abuse case."
The following is Judge Sauvain's account of criminal appeals he has personally handled:
"(a)   United States v. Liriano, Unpublished 99-4608, (4th Cir. 2000). This case dealt with the appropriateness of an enhancement of sentence for using of a minor in commission of a felony (passing counterfeit currency). The brief was written by counsel for a co-defendant;
(b)   U.S. v. Jones, Unpublished 98-4041, (4th Cir. 1999). This case dealt a telemarketing fraud conspiracy that was targeting senior citizens. The brief was written by counsel for a co-defendant;
(c)   U.S. v. Hunt, Unpublished 97-4860, (4th Cir. 1998). This was a federal appeal from the sentence in a drug case. I submitted an Anders Brief;
(d)   State v. Dowd, 306 S.C. 268; 411 S.E.2d 428 (1991). The issue, novel in South Carolina, in this case was when an arrest ends for purposes of a charge of resisting arrest."
Judge Sauvain reports regarding significant orders:
"To date, I have drafted very few of my own orders; the ones I am listing are only those which I wrote completely or which I rewrote very substantially. While several of my decisions have been appealed, I am not aware of the outcome of any of the appeals.
(a)   In re Estate of Gena Laura Ellis, 02ES2300781. This case has been appealed to the Circuit Court;
(b)   In the Matter of Leonore Stern Schenberg, 03GC2300024. This order was initially drafted by one of the attorneys but I completely rewrote it as part of a National Judicial College Opinion Writing class;
(c)   In the Matter of Jennifer Lindsey Hinton, 02GC2300001."
Judge Sauvain reports no other employment during his time as a judge.
Judge Sauvain has never been an unsuccessful candidate for elective, judicial, or other public office.
(9)   Judicial Temperament:
The Commission believes that Judge Sauvain's temperament would be excellent.
(10)   Miscellaneous:
The Upstate Citizens Committee reported that Judge Sauvain exceeded the established evaluative criteria and was qualified for the Circuit Court bench.
Judge Sauvain is married to Kathryn Rachel Jeanes Sauvain. He has one child.
Judge Sauvain reported that he was a member of the following bar associations and professional associations:
"(a)   South Carolina Bar;
(b)   Greenville County Bar;
(c)   American Bar Association;
(d)   South Carolina Association of Probate Judges;
(e)   National College of Probate Judges."
Judge Sauvain provided that he was a member of the following civic, charitable, educational, social, or fraternal organizations:
"(a)   Western Carolina Sailing Club: Steward, Rear Commodore and, currently, Vice Commodore.
(b)   Lake Hartwell Sail and Power Squadron: various minor offices."
Judge Sauvain also reported:
"I am certified as a Family Court Mediator, but have also mediated other types of cases by agreement. As Associate Probate Judge, I am co-chair of the Mental Health Committee of the South Carolina Association of Probate Judges. We have been involved in issues relating to delays and backlogs in commitment proceedings and streamlining the commitment processes."
The Commission commented on Judge Sauvain's even-tempered manner as well as his welcoming and instructive attitude towards students who visited his courtroom. They noted Judge Sauvain's Masters in Law degree and his experience as an Associate Probate Court Judge. The Commission found Judge Sauvain qualified and nominated him for election to the Circuit Court.

Commission's Findings:   QUALIFIED AND NOMINATED
(1)   Constitutional Qualifications:
Based on the Commission's investigation, G. David Seay, Jr. meets the qualifications prescribed by law for judicial service as a Circuit Court judge.
Mr. Seay was born on November 12, 1967. He is 36 years old and a resident of Greenville, South Carolina. Mr. Seay 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 1994.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Mr. Seay.
Mr. Seay 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. Seay reported that his wife is currently employed by the Thirteenth Circuit Solicitor's Office and acknowledged that she would need to find alternative employment if he were to be elected as her continued employment with the Solicitor's Office would interfere with his service on the bench. Mrs. Seay has agreed to seek other employment if such conditions were to exist.
Mr. Seay reported that he has spent $5.85 on postage, paper, and envelopes.
Mr. Seay 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. Seay 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. Seay to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.
Mr. Seay self reported that he was a member of a prosecutorial team fined for a speedy trial violation in a capital murder case brought in Greenville County in 1998. The Commission's investigation revealed that the fine was exacted from the Solicitor's Office, generally, and not Mr. Seay, individually. Further, the Public Defender representing the defendant provided the Commission with a written summary of the matter wherein he indicated that the imposition of the fine was an isolated incident and not necessarily indicative of the pattern of handling cases by Mr. Seay. Mr. Mauldin wrote: "I've found his handling of his duties in the Solicitor's Office very honest and forthright." The Commission finds no evidence to support any conclusion other than that reached by the Public Defender.
Mr. Seay described his continuing legal or judicial education during the past five years as follows:
"10-25-98   National College of District Attorneys-Prosecuting Drug Cases;
09-17-99   Greenville County Solicitor's Office-Cross-Examination Seminar;
10-03-99   South Carolina Solicitors Association Annual Conference;
10-01-00   South Carolina Solicitors Association Annual Conference;
01-29-01   Thirteenth Circuit Solicitor's Office First Annual Retreat and Prosecution Seminar;
05-11-01   Thirteenth Circuit Solicitor's Office Basic Skills Training;
06-01-01   Thirteenth Circuit Solicitor's Office Seminar-Common Prosecutorial Errors;
09-30-01   South Carolina Solicitors Association Annual Conference;
04-08-02   Thirteenth Circuit Solicitor's Office Second Annual Retreat and Prosecution Seminar;
09-29-02   South Carolina Solicitors Association Annual Conference;
05 2003   Thirteenth Circuit Solicitor's Office Third Annual Retreat and Prosecution Seminar.
*In 1999 I also attended a week-long trial advocacy course at the National College of District Attorneys in Columbia, South Carolina. This course involved the preparation and presentation of a mock criminal trial, focusing on the individual participant's performance in the courtroom. However, I did not submit this course for continuing legal education credits.
*The South Carolina Solicitors Association Annual Conference, which I have regularly attended as noted above, typically consists of presentations/lectures involving specific areas of the law pertaining to criminal prosecution, including legislative and case law updates."
Mr. Seay reported that has taught the following law-related courses:
"I participated as a panelist in a panel lecture at the 2002 annual Solicitor's Association Conference. I have participated as an instructor in law enforcement officer training sessions on several occasions as part of my career as an Assistant Solicitor. I lectured at a training session for sexual assault nurse examiners through Pickens County Rape Crisis Council. In 2003, I participated in and spoke about the criminal justice system at the Clemson City Police Department's Citizen's Police Academy. I lectured about miscellaneous Rules of Evidence at the Solicitor's Office Third Annual Retreat and Prosecution Seminar in May 2003."
Mr. Seay reported that he has not published any books or articles.
(4)   Character:
The Commission's investigation of Mr. Seay did not reveal evidence of any founded grievances or criminal allegations made against him. The Commission's investigation of Mr. Seay did not indicate any evidence of a troubled financial status. Mr. Seay has handled his financial affairs responsibly.
The Commission also noted that Mr. Seay 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. Seay reported: "I am currently not listed in Martindale-Hubbell. I assume this is because I have not registered in their directory or purchased any of their services."
(6)   Physical Health:
Mr. Seay appears to be physically capable of performing the duties of the office he seeks.
(7)   Mental Stability:
Mr. Seay appears to be mentally capable of performing the duties of the office he seeks.
(8)   Experience:
Mr. Seay was admitted to the South Carolina Bar in 1994.
Mr. Seay provided the following account of his legal experience since graduation from law school:
"I have been an Assistant Solicitor in the Thirteenth Judicial Circuit since January 2, 1995. During this time, I have prosecuted criminal cases in Magistrate's Court, Family Court (juveniles), and misdemeanors, felonies and violent crimes in the Court of General Sessions.
On January 2, 1995, I began service in the Pickens County Solicitor's Office of the Thirteenth Judicial Circuit. I was assigned a full docket of General Sessions cases, as well as being assigned to handle all juvenile prosecutions in Family Court. I disposed of approximately ten to twenty juvenile cases per week and approximately six hundred General Sessions cases per year during my two-year tenure in Pickens County.
In December of 1996, I was transferred to the Greenville County Solicitor's Office of the Thirteenth Judicial Circuit, where I was assigned to the prosecution of General Sessions cases. From December of 1996 until October of 2001, I personally handled the prosecution of criminal defendants charged with property crimes, burglary, assault and battery with intent to kill, armed robbery, drug law violations, sexual assaults, and murder. During this time, I was also the head of the General Crimes Unit in our office.
In October of 2001, I was transferred back to the Pickens County office and assigned as the Team Leader for that office. While I continued to prosecute a full docket of the same variety of cases, I was also responsible for many additional administrative and management duties, which are further detailed below."
Mr. Seay further provided regarding his criminal and civil experience:
"I have been actively involved in the prosecution of criminal cases for more than eight and a half years in the Summary Courts, Family Courts and the Courts of General Sessions in both Greenville and Pickens Counties, South Carolina. During this time I have routinely and with few exceptions served as sole counsel for the State in the prosecution of these criminal cases. As a result, I have personally handled or been involved in all aspects of a criminal case, including bond hearings, preliminary hearings, indictment preparation, discovery, pre-trial and post-trial motions, expungements, the Pre-Trial Intervention Program, victim services, notifications and consultations, jury trials, bench trials, dismissal of charges, and plea negotiations.
I have participated as sole counsel for the state in Blair hearings, Jackson v. Denno hearings, hearings regarding the admissibility of evidence under State v. Lyle, and cases in which the State sought Life without Parole under South Carolina Code of Laws Section 17-25-45. I have successfully prosecuted criminal defendants in cases of murder, armed robbery, assault and battery with intent to kill, sexual assaults, criminal domestic violence, driving under the influence, possession and distribution of unlawful drugs, all degrees of burglary, larceny and other property crimes. I have personally handled the preparation and presentation of evidence involving eyewitness identification, photographic lineup identification, search and seizure issues, search warrants, and testimony of child witnesses. In addition, I have personally prepared and presented expert testimony in the areas of fingerprint identification, DNA, forensic pathology, trace evidence such as hair and fiber, gunshot residue, firearms identification, drug analysis, and breath and blood alcohol analysis.
In addition to my knowledge of substantive criminal law, the rules of evidence and criminal procedure, I am also very familiar with the responsibilities that the Court, the Clerk of Court, court reporters, defense counsel, Solicitor's office, Department of Probation, Pardon and Parole, security and victim services must meet in order to maximize the use of courtroom time. For the last two years I have been the team leader for the Thirteenth Judicial Circuit Solicitor's Office in Pickens County. My duties have included setting and publishing the trial docket for each term of court, as well as coordinating the hearing of pleas, bond hearings and other non-jury matters. This experience has provided me with the necessary tools to effectively participate in the timely administration of justice. I am certain that with my extensive courtroom experience, if elected, I would quickly be able to competently, diligently, and civilly serve the legal system.
While my experience with civil matters is limited to those in which I participated as a law clerk at a private law firm, I am confident that I would also be able to gain the knowledge to competently preside over such matters. In fact, I have appeared before Judges who, despite their lack of experience in the Court of General Sessions, have very competently presided over criminal matters.
If elected, I would focus on increasing my knowledge, understanding, and expertise in the field of civil law. I would do so through personal study, legal education courses, case reviews, and consultation with other members of the judiciary. I am confident that I have the ability to become a competent and contributing member of the judiciary in both the Courts of Common Pleas and General Sessions."
Mr. Seay reported the frequency of his court appearances during the last five years as follows:
"(a)   Federal:   none;
(b)   State:     monthly."
Mr. Seay reported the percentage of his practice involving civil, criminal, and domestic matters during the last five years as follows:
"(a)   Civil:     none;
(b)   Criminal:   one hundred percent;
(c)   Domestic:   none."
Mr. Seay reported the percentage of his practice in trial court during the last five years as follows:
"(a)   Jury:     approximately five percent;
(b)   Non-jury:   approximately ninety-five percent."
Mr. Seay provided that he most often served as sole or chief counsel in these matters, and that he has served as associate counsel to Solicitor Robert M. Ariail and Deputy Solicitor Betty Strom on two murder trials.
The following is Mr. Seay's account of his five most significant litigated matters:
"(a)   State of South Carolina v. Orlando Smith. I personally prosecuted this murder case at trial in July 2000 before the Honorable Larry Patterson. This case was significant in that I successfully introduced uncommon incriminating forensic evidence (a bloody palm print found on the victim's body) through the testimony of an out-of-state fingerprint and palm print expert. I also had the unusual (from a prosecutor's perspective) opportunity to cross-examine the defendant. The jury convicted Orlando Smith of murder and he is currently serving a thirty-year sentence;
(b)   State of South Carolina v. Emmett Ray Nall. I tried this case in September 1997 as sole counsel for the State. This case was significant in that the defendant was a serial burglar responsible for numerous burglaries involving the theft of tens of thousands of dollars in Cherokee and Spartanburg Counties, in addition to the one that occurred in Greenville County. This was the first case in which I sought a sentence of life without parole on behalf of the State pursuant to Section 17-25-45 of the South Carolina Code of Laws based on the defendant's prior record. The defendant was convicted of burglary second degree (violent) and was sentenced to life in prison without the possibility of parole;
(c)   State of South Carolina v. Tommy Lee James. I tried this case as sole counsel for the State in October 1997 before the Honorable Henry Floyd. The defendant was indicted and tried for burglary first degree for breaking into the home of two elderly women. Based on his extensive prior record, the State sought life without parole pursuant to Section 17-25-45 of the South Carolina Code of Laws. His charge of burglary first degree was supported by his many prior burglary convictions. Pursuant to the burglary statute, I introduced seven of the defendant's ten or more prior burglary convictions. Ultimately, the South Carolina Court of Appeals upheld the conviction and life sentence in 2001, but on July 14, 2003, the South Carolina Supreme Court overturned the conviction (583 S.E.2d 745). The Court held that the probative value of the introduction of more than two prior burglary convictions as an aggravating circumstance under the burglary statute is outweighed by the prejudicial effect to the defendant, thus limiting the State to the introduction of only two prior burglary convictions under South Carolina Code of Laws Section 16-11-311. This case was significant because it has addressed and clarified an issue regarding the burglary statute that was previously unclear under the statute and the case law;
(d)   State of South Carolina v. Barry Lee Williams. I tried this case as sole counsel for the State in August 1997 before the Honorable John Kittredge. This defendant was indicted and tried for armed robbery, assault and battery with intent to kill, and forgery. The defendant, while armed with a deadly weapon, stole checks and money from his landlord, the victim, then bludgeoned the victim with an iron and subsequently forged and attempted to cash the victim's checks that he had stolen. This case was significant in that I successfully introduced eyewitness identification testimony, as well as other bad acts by the defendant pursuant to State v. Lyle. The defendant was convicted of all charges and sentenced to fifty-five years in prison;
(e)   State of South Carolina v. Nikim Dendy. In September of 1998, I tried this case as co-counsel with Deputy Solicitor Betty Strom before the Honorable C. Victor Pyle, Jr. This case was significant in that it was my first murder trial. The defendant went into a convenience store on Easter Sunday while armed with a pistol and robbed and killed the store's clerk. Some of the more interesting aspects of the trial included testimony and evidence of the defendant's flight after the crime, the introduction of the co-defendant's testimony in the State's case-in-chief, the defendant's alibi defense, and the State's presentation of reply testimony. The defendant was convicted of murder, armed robbery, and possession of a firearm during the commission of a violent crime. He was sentenced to life in prison plus thirty years consecutive to the life sentence."
(9)   Judicial Temperament:
The Commission believes that Mr. Seay's temperament would be excellent.
(10)   Miscellaneous:
The Upstate Citizens Committee found that Mr. Seay met the evaluative criteria established by the Judicial Merit Selection Commission and that he was qualified for the Circuit Court bench.
Mr. Seay is married to Bryna Stokes Seay. He has two children.
Mr. Seay reported that he was a member of the following bar associations and professional associations:
"(a)   South Carolina Bar Association;
(b)   Greenville County Bar Association."
Mr. Seay provided that he was a member of the following civic, charitable, educational, social, or fraternal organizations:
"(a)   Ducks Unlimited;
(b)   The Greater Greenville YMCA."
Mr. Seay further provided:
"Since the Circuit Court for the Thirteenth Judicial Circuit, Seat One, encompasses both Greenville and Pickens Counties, if elected, I am in an excellent position to easily hit the ground running in either the Greenville or Pickens County Courthouse. Over the past nine years, I divided, almost in half, my time working in both courthouses. As a result, I have a good working relationship with the offices of the Clerk of Court, Indigent Defense, the Solicitor's Office, deputies assigned to courthouse security, and members of the bar in both counties. When the economy and state budget rebound, if elected, I would look forward to traveling to other circuits throughout the state and developing a similar working relationship with the people involved in their local legal systems. In addition, when the Honorable Henry Floyd is sworn into office as a Federal District Court Judge, a resident circuit court judge for the Thirteenth Judicial Circuit will no longer have a permanent office in the Pickens County Courthouse. If elected, I would maintain my resident office in the Pickens County Courthouse. I believe that the above information is important and should be considered as to my nomination for this position."
The Commission found Mr. Seay to have extensive criminal experience. His participation in the screening process appears to mirror the legal community's impression of his law practice: one marked by ability, enthusiasm and cooperation. The Commission found Mr. Seay to be qualified and nominated him for election to the Circuit Court bench.

Commission's Findings:   QUALIFIED AND NOMINATED
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge F.P. Segars-Andrews meets the qualifications prescribed by law for judicial service as a Family Court judge.
Judge Segars-Andrews was born on January 23, 1957. She is 46 years old and a resident of Mt. Pleasant, South Carolina. Judge Segars-Andrews 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 Segars-Andrews.
Judge Segars-Andrews 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 Segars-Andrews reported that she has not made any campaign expenditures.
Judge Segars-Andrews testified she has not:
(a)   sought or received the pledge of any legislator prior to screening;
(b)   sought or been offered a conditional pledge of support by a legislator;
(c)   asked third persons to contact members of the General Assembly prior to screening.
Judge Segars-Andrews testified that she is aware of the Commission's 48-hour rule regarding the formal and informal release of the screening report.
(3)   Professional and Academic Ability:
The Commission found Judge Segars-Andrews to be intelligent and knowledgeable. Her performance on the Commission's practice and procedure questions met expectations.
Judge Segars-Andrews described her continuing legal or judicial education during the past five years as follows:
"(a)   I have attended the family court sections of legal education at the Trial Lawyers Association each year;
(b)   I have attended the educational programs at the S.C. conference on Family Court judges each year except 1993;
(c)   I have attended the S.C. Judicial Combined Conference for the past five years and all the Family Court education sessions;
(d)   I have attended the National Council of Juvenile and Family Court Judges for two of the last five years;
(e)   I have attended annual Juvenile Drug Court Conferences for three of the last five years."
Judge Segars-Andrews reported the following regarding law-related courses that she has taught:
"I have lectured at various judicial conferences in S.C. I have also lectured about juvenile drug courts at The National Juvenile Drug Court Association's annual meetings."
Judge Segars-Andrews reported that she has not published any books or articles.
(4)   Character:
The Commission's investigation of Judge Segars-Andrews did not reveal evidence of any founded grievances or criminal allegations made against her. The Commission's investigation of Judge Segars-Andrews did not indicate any evidence of a troubled financial status. Judge Segars-Andrews has handled her financial affairs responsibly.
The Commission also noted that Judge Segars-Andrews 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 Segars-Andrews reported that she was not rated by Martindale-Hubbell.
(6)   Physical Health:
Judge Segars-Andrews appears to be physically capable of performing the duties of the office she seeks.
(7)   Mental Stability:
Judge Segars-Andrews appears to be mentally capable of performing the duties of the office she seeks.
(8)   Experience:
Judge Segars-Andrews was admitted to the South Carolina Bar in 1984.
Judge Segars-Andrews gave the following account of her legal experience since graduation from law school:
"1984-1985:   I was employed at American Mutual Fire Insurance Company as a litigation advisor/negotiator in the claims department;
1985-1987:   I was employed at Bell & McNeil, Attorneys at Law. During this period I was an associate of the law firm and handled general civil litigation. I began handling primarily Family Court matters in 1986;
1987-1993:   I was a sole practitioner since 1987. I practiced almost exclusively in the Family Court;
1993-present:   I was elected to the Family Court Bench of the Ninth Judicial Circuit seat #1 where I remain."
Judge Segars-Andrews provided the following list of her five most significant orders:
"(a)   Thomas Prince Howes v. Donna Marie Burke Howes, Defendant and Cross Claimant v. Grace Elizabeth Howes, Third Party Defendant, Case No. 97-DR-10-1409;
(b)   Victoria Faith Ronan v. Michael D. Ronan, II, Case No. 97-DR-10-3492;
(c)   Deborah Jean Hall v. Kimuel Wayne Lee, Case No. 93-DR-10-1061; Appellate review: Opinion No. 96-MO-337;
(d)   Caroline Lose Cleveland v. William H. Cleveland, Jr., Case No. 93-DR-10-7679; Appellate review: Opinion No. 96-UP-433;
(e)   Charleston County DSS v. Janet M. Williamson and Tarrence C. Cox: IN THE INTEREST OF: Moriah Williamson, A MINOR UNDER THE AGE OF 18 YEARS OF AGE, Case No. 92-DR-10-2122."
Judge Segars-Andrews provided the following concerning employment while serving as a judge:
"I have been on the board of directors of Eastern Distribution, Inc. a family business. I am required to attend board meetings three to four times a year. I was once asked to review grant applications for the U.S. Justice Department. These applications were for drug court grants. I earned $1,000."
(9)   Judicial Temperament:
The Commission believes that Judge Segars-Andrews' temperament has been and would continue to be excellent.
(10)   Miscellaneous:
The Lowcountry Citizens Committee found Judge Segars-Andrews met the established criteria of the Judicial Merit Selection Commission and was qualified for re-election to the Family Court.
Judge Segars-Andrews is married to Mark O. Andrews. She has two children.
Judge Segars-Andrews reported that she was a member of the following bar associations and professional associations:
"(a)   I am a member of the National Council of Juveniles and Family Court Judges."
Judge Segars-Andrews provided that she was a member of the following civic, charitable, educational, social, or fraternal organizations:
"(a)   I am a member of St. Andrews Episcopal Church;
(b)   I was on the board of the South Carolina Aquarium."
The Commission found Judge Segars-Andrews qualified and nominated her for re-election as a Family Court judge.

Commission's Findings:   QUALIFIED AND NOMINATED

Pursuant to S.C. Code Ann. Section 2-19-40, the Commission waived the public hearing for Judge Short since his candidacy for re-election was uncontested and no complaints were received.
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Paul E. Short, Jr. meets the qualifications prescribed by law for judicial service as a Circuit Court judge.
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;
(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 Short 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 Short to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.
Judge Short described his continuing legal or judicial education during the past five years as follows:
"2003:
01/24     18th Annual Criminal Law Update;
05/07     SCACJ Circuit Judges Meeting;
08/07     Roscoe Pound Institute, The Civil Jury in America;
2002:
01/25     S.C. Bar, Criminal Law Update;
05/08     SCACJ Circuit Judges' Annual Convention;
08/01     S.C. Trial Lawyers Assoc. Annual Convention;
08/22     SCCA Judicial Conference;
2001:
01/26     S.C. Bar, Criminal Law Update;
01/05     York County Bar Assoc., Sticks & Stones, Appointed;
05/09     S.C. Assoc. Circuit Judges' Conference;
07/09     National Judicial College, Reno, NV Law & the Social & Behavioral Sciences;
08/23     S.C. Circuit Court Assoc. Judicial Conference;
2000:
01/21     S.C. Bar, Criminal Law Update;
05/10     S.C. Assoc. Circuit Judges' Conference;
08/07     National Judicial College, Reno, NV, Media and the Courts;
1999:
01/22     S.C. Bar, Criminal Law Update;
05/12     S.C. Assoc. Circuit Judges' Conference;
07/19 through
07/23     National Judicial College, Reno, NV, Constitutional Criminal Procedure; History & Theory of Jurisprudence;
07/26     National Judicial College, Reno, NV, Judicial Writing;
08/05     S.C. Trial Lawyers Assoc., Annual Convention;
08/19     S.C. Circuit Court Assoc. Judicial Conference;
1998:
01/09     S.C. Circuit Court Judges Assoc., Seminar of Chief Judges for Circuit and Family Court;
01/23     S.C. Bar, Criminal Law Update;
05/13     S.C. Assoc. of Circuit Judges' Meeting;
08/13     S.C. Trial Lawyers Assoc., Annual Convention;
08/20     S.C. Circuit Court Assoc., Judicial Conference."
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 (4) hours each day on a wide variety of legal topics;
(c)   September 29, 1997: South Carolina Solicitor's Conference, Myrtle Beach, South Carolina. I spoke on the topic 'Case File Development and Review, A View from the Judiciary;'
(d)   January 5, 2001: York County Bar Association, Speaker."
Judge Short reported that he has not published any books or articles "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 and can provide copies if needed."
(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 investigation did not reveal any problems with his diligence and industry.
(5)   Reputation:
Judge Short reported that his last available Martindale-Hubbell rating was "AV."
Judge Short reported the following regarding his military service:
"U.S. Army, June 1968; entered active duty August 1971; discharged from active duty November 1971; served S.C. National Guard until 1973; Discharged U.S. Army Reserve, 1974; Highest rank attained was 1st Lieutenant; Present Status, Inactive Reserve; Honorably Discharged as Captain."
Judge Short provided the following relative to public offices held:
"(a)   South Carolina House of Representatives, elected, 1982-1991;
(b)   Chester County Airport Commission, appointed, 1978-1980;
(c)   Chester County Attorney, appointed, 1980-1982."
(6)   Physical Health:
Judge Short appears to be physically capable of performing the duties of the office he seeks.
(7)   Mental Stability:
Judge Short appears to be mentally capable of performing the duties of the office he seeks.
(8)   Experience:
Judge Short was admitted to the South Carolina Bar in 1971.
Judge Short provided the following account of his legal experience since graduation from law school:
"I began the general practice of law in November 1971, in Chester, South Carolina, with Mr. Fred H. Strickland and Mr. E.K. Hardin. I practiced law continuously in the same firm. In late 1972, I became a partner in the firm and in approximately June 1973, Mr. Strickland was tragically killed in a house fire and I became senior partner at the age of 26. Mr. William C. Keels graduated from law school in June 1973, and he and I began practicing law together at that time. I was honored to have been elected to the South Carolina Circuit Court At-Large Seat #8 on February 1, 1991, and served continuously until February 1999, when I was elected Resident Judge of the Sixth Judicial Circuit."
Regarding prior judicial positions, Judge Short provided:
"(a)   July 1991-February 1999; Elected, South Carolina Circuit Court At-Large Seat #8;
(b)   February 1999-Present; Elected, Resident Judge, Sixth Judicial Circuit."
Judge Short provided the following list of his significant orders or opinions:
"(a)   Louis J. Truesdale v. Parker D. Evatt, and the South Carolina Department of Corrections, et al. The subject of this Order deals with the reimbursement of expenses incurred by expert witnesses called upon by Petitioner Truesdale in his death penalty case. The Appeal of his case is reported at 301 S.C. 546, 393 S.E.2d 168;
(b)   State of South Carolina v. Gary Allen Rimert, Opinion No. 24093, 446 S.E.2d 400. The issue addressed in this Order is whether or not a jury in a criminal case is entitled to hear evidence regarding the sentence a Defendant may receive if he is found guilty but mentally ill. I held that the jury's function was to determine guilt and that information about sentencing is irrelevant to such a determination. The Supreme Court affirmed;
(c)   Carol Ann Berkebile v. William C. Outen, 311 S.C. 50 and 426 S.E.2d 760. This Order holds that losses from video poker playing are not recoverable pursuant to Section 32-1-10, S.C. Code Ann. I held that Section 32-1-10 removed the common law bar to recovery of losses from engaging in illegal gambling. Therefore, if the loss resulted from legal gambling, Section 21-1-10 does not apply and a Plaintiff cannot recover. Unfortunately, the Supreme Court disagreed and I was reversed;
(d)   City of Folly Beach v. Atlantic House Properties, Opinion No. 24384, 321 S.C. 241, 467 S.E.2d 928. In this Order, I ordered that the Defendants in a condemnation action pay the Plaintiff's reasonable attorneys fee pursuant to Section 28-2-510 S.C. Code Ann. Supreme Court reversed;
(e)   Betty Williams, et al. v. The Zoning Board of Adjustment of the City of Rock Hill and New Hope Carolina, Inc. This Order affirms the City of Rock Hill Zoning Commission's issuance of a permit to New Hope Carolina allowing it to operate an institution to care for emotionally handicapped children."
Judge Short reported that he was a candidate for the Court of Appeals in 2002, but withdrew before the election.
(9)   Judicial Temperament:
The Commission believes that Judge Short's temperament has been and would continue to be excellent.
(10)   Miscellaneous:
Judge Short is married to Linda Huffstetler Short. He has two children.
Judge Short reported that he was a member of the following bar associations and professional associations:
"(a)   Chester County Bar Association;
(b)   South Carolina Bar Association;
(c)   South Carolina Association of Circuit Court Judges, Past President, 2000-2001;
(d)   American Bar Association."
Judge Short provided that he was a member of the following civic, charitable, educational, social, or fraternal organizations:
"(a)   Purity Presbyterian Church: Former Elder; Former Deacon;
(b)   Sertoma International, Life Member;
(c)   Chester Shrine Club;
(d)   Chester Masonic Lodge;
(e)   American Legion;
(f)   Chester Men's Golf Association;
(g)   Phi Delta Phi;
(h)   Chester/Fairfield Citadel Club."
Judge Short further provided that while he was practicing law he had the pleasure to serve and gain valuable experience on the Board of Commissioners on Grievances and Discipline.
The Commission found Judge Short qualified and nominated him for re-election to the Circuit Court bench.

Commission's Findings:   QUALIFIED, BUT NOT NOMINATED
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Marcus L. Smith meets the qualifications prescribed by law for judicial service as a Circuit Court judge.
Mr. Smith was born on October 6, 1961. He is 42 years old and a resident of Greenville, South Carolina. Mr. Smith 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. Smith.
Mr. Smith 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. Smith reported that he has not made any campaign expenditures.
Mr. Smith 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. Smith 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. Smith to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.
Mr. Smith described his continuing legal or judicial education during the past five years as follows:
"2002   South Carolina Public Defender Conference;
2001   Workers' Compensation in South Carolina;

South Carolina Public Defender Conference;
2000   South Carolina Public Defender Conference;
1999   Hot Tips from the Best Domestic Law Practitioners;

South Carolina Public Defender Conference;
1998   Hot Tips from the Best Domestic Law Practitioners."
Mr. Smith reported that he has not published any books or articles.
(4)   Character:
The Commission's investigation of Mr. Smith did not reveal evidence of any founded grievances or criminal allegations made against him. The Commission's investigation of Mr. Smith did not indicate any evidence of a troubled financial status. Mr. Smith has handled his financial affairs responsibly.
The Commission also noted that Mr. Smith 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. Smith reported that his Martindale-Hubbell rating was "BV."
Mr. Smith reported the following concerning his military service:
"June 1980 through August 1985. United States Marine Corps Reserve, Sergeant. Honorable Discharge."
(6)   Physical Health:
Mr. Smith appears to be physically capable of performing the duties of the office he seeks.
(7)   Mental Stability:
Mr. Smith appears to be mentally capable of performing the duties of the office he seeks.
(8)   Experience:
Mr. Smith was admitted to the South Carolina Bar in 1988.
Mr. Smith gave the following account of his legal experience since graduation from law school:
"1988-1989:   The Honorable Frank P. McGowan, Jr.; Law Clerk;
1989-1996:     The Thirteenth Judicial Circuit Solicitor's Office, Assistant Solicitor.
I handled drug cases during my career as a prosecutor. The custom at the time was once a case was assigned then any other cases that came in on an individual were assigned to that solicitor. As a result, I had the opportunity to handle a variety of cases from assault and battery to murder. I was also chosen to begin the Asset Forfeiture section of the Solicitor's Office, created the system for handling these cases in the Thirteenth Circuit with the help of the Honorable William B. Traxler, Jr. and the Honorable Charles B. Simmons and handled all of these cases for the first several years while also handling my criminal docket. At one point I had 'inherited' the dockets of three assistant solicitors who had left the office. This put my docket above 800 cases of differing types. In four months, due to hard work, long hours and much negotiating, my docket was less than 400 cases.
1996-2000:     Marcus L. Smith, Attorney-at-Law;
2000-2001:     Chambers, Smith & Hill, L.L.C.;
2001-2003:     Smith & Chambers, L.L.C.;
2003-Present:   The Law Offices of Marcus L. Smith, L.L.C.
With all of the above practices, I have always had a litigation practice. I handle criminal cases in all courts. Although I have handled some federal court cases the bulk of my experience lies in state, magistrate and municipal courts. I also handle all types of family court cases. I have handled numerous civil matters including probate court conservatorships, breach of contract, Unfair Trade Practice Act, misrepresentation, false arrest, auto accidents, post-conviction relief and other civil matters."
Mr. Smith further reported regarding his criminal and civil experience:
"As to criminal cases, I have been an assistant solicitor and part of the Indigent Defense Contract system in Greenville County. This has afforded me the opportunity to handle almost every type of criminal case possible. Types of issues I have dealt with have been many, but to name a few: search and seizure questions, duress, Lyle, Jackson v. Denno and many more matters. As to civil cases, I have handled a variety of civil cases. Examples are wreck cases, false arrest, malicious prosecution, breach of contract, breach of contract with fraudulent intent, misrepresentation (both negligent and intentional), Unfair Trade Practices, etc. I was always lead counsel for my cases and handled the matters from start to finish. Most of my clients were plaintiffs but I did represent a few individuals who had been sued. If I lack experience in any areas my background has given me the ability to compensate for it. First, experience in being a trial attorney can only help in being a trial judge. Knowing your way around the courtroom can give you an edge over those who do not. Secondly, trial preparation for a trial attorney, I can only imagine, is similar to how a judge prepares for a trial. Experience in handling matters along with strong research skills would help compensate for any lack of experience on my part."
Mr. Smith reported the frequency of his court appearances during the last five years as follows:
"(a)   Federal:   Seldom;
(b)   State:     Constant."
Mr. Smith reported the percentage of his practice involving civil, criminal, and domestic matters during the last five years as follows:
"(a)   Civil:     10%;
(b)   Criminal:   50%;
(c)   Domestic:   40%."
Mr. Smith reported the percentage of his practice in trial court during the last five years as follows:
"(a)   Jury:     20%;
(b)   Non-jury:   80%."
Mr. Smith provided that he most often served as sole counsel.
The following is Mr. Smith's account of his five most significant litigated matters:
"(a)   State of South Carolina v. John T. Smith, 1996-GS-23-2927. This was a murder case and the last one I tried as a prosecutor. The use of demonstrative and forensic evidence was crucial in convicting this one-armed man of beating his girlfriend to death. The jury deliberated for fifteen minutes before returning with a guilty verdict. The Defendant was sentenced to years in jail;
(b)   State of South Carolina v. Willie J. Lopez, 2001-GS-23-5295. This was an armed robbery case. I represented the Defendant and was able to use the defense of duress to gain an acquittal for my client even though there were statements against him and eyewitness testimony;
(c)   Shannon Smith, et al. v. Randy Sanders, et al., 2000-CP-23-4055. This was a construction case where the Defendant had breached his contract with the Plaintiff whom I represented. Numerous causes of action were asserted such as Unfair Trade Practices, Breach of Contract, Breach of Contract with Fraudulent Intent, Misrepresentation (both Negligent and Intentional), and others. The case was a bench trial before the Honorable John W. Kittredge. The Plaintiff prevailed after electing to proceed on the Unfair Trade Practices claim and judgment was entered for $32,375 along with treble damages in the amount of $97,125;
(d)   Joseph R. Sheppard v. State of South Carolina, 1998-CP-23-1494. This was a Post Conviction Relief where the Defendant had received the death penalty for shooting a police officer. Obviously, this was a very high profile case and there were over 16 volumes of transcripts from the trial. There were also numerous pretrial motions that were heard. A full investigation had to be conducted to try to find any available piece of evidence to assist the Mr. Sheppard in this case. Due to the excellent work of John Mauldin, the Public Defender from Greenville, there were very few matters that we could assert were ineffective;
(e)   Country Lane Kramer v. State of South Carolina, 1997-CP-23-1494. This was a Post Conviction Relief matter where the Defendant had received three consecutive twenty-five year sentences for armed robbery as well as other sentences for a variety of charges. This was a high profile case because the Defendant and co-defendants were accused of armed robbery, fleeing the police at high speeds, shooting at the police from their vehicle and fleeing before being arrested. We were not successful at the circuit court level even though his appointed counsel admitted he had not spoken to the Defendant about several other charges he was allowed to plead guilty to. I believe this case was appealed through the state system and may be in the federal system now."
The following is Mr. Smith's account of a civil appeal he has personally handled:
"Mike M. Alakhwan v. Kamal Barakat, Court of Appeals for the State of South Carolina, decided March 12, 2002. Unpublished opinion No. 2002-UP-184."
The following is Mr. Smith's account of a criminal appeal he has personally handled:
"United States of America v. Tyrone Willis, United States Court of Appeals for the Fourth Circuit, decided June 23, 1999. Unpublished opinion No. 98-4360."
(9)   Judicial Temperament:
The Commission believes that Mr. Smith's temperament would be excellent.
(10)   Miscellaneous:
The Upstate Citizens Committee found Mr. Smith met the evaluative criteria established by the Judicial Merit Selection Commission and was qualified for service as a Circuit Court judge.
Mr. Smith is married to Loraine Dickinson Smith. He has two children.
Mr. Smith reported that he was a member of the following bar associations and professional associations:
"(a)   South Carolina Bar Association, 1988-present;

House of Delegates 13th Judicial Circuit, July 1996-June 1998;
(b)   American Bar Association, April 1989-February 1994;
(c)   Greenville County Bar Association, 1996-present."
Mr. Smith provided that he was a member of the following civic, charitable, educational, social, or fraternal organizations:
"(a)   St. Francis Hospital, 'B' a Piece of Greenville, Executive Committee; Co-Chairman;
(b)   Buncombe Street United Methodist Church."
The Commission noted that Mr. Smith conveyed an excellent knowledge of the law and showed exceptional temperament. They found Mr. Smith qualified for service as a Circuit Court judge.

Commission's Findings:   QUALIFIED AND NOMINATED

Pursuant to S.C. Code Ann. Section 2-19-40, the Commission waived the public hearing for Judge Strom since her candidacy for re-election was uncontested and no complaints were received.
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge Donna S. Strom meets the qualifications prescribed by law for judicial service as a Family Court judge.
Judge Strom was born on March 10, 1959. She is 44 years old and a resident of Columbia, South Carolina. Judge Strom 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 Strom.
Judge Strom 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 Strom reported that she has not made any campaign expenditures.
Judge Strom testified she has not:
(a)   sought or received the pledge of any legislator prior to screening;
(b)   sought or been offered a conditional pledge of support by a legislator;
(c)   asked third persons to contact members of the General Assembly prior to screening.
Judge Strom testified that she is aware of the Commission's 48-hour rule regarding the formal and informal release of the screening report.
(3)   Professional and Academic Ability:
The Commission found Judge Strom to be intelligent and knowledgeable. Her performance on the Commission's practice and procedure questions met expectations.
Judge Strom described her continuing legal or judicial education during the past five years as follows:
1998:

05/21/98   Family Court Judges Conference;

08/20/98   SCCA Judicial Conference;

08/13/98   1998 SCTLA Annual Convention;

11/06/98   S.C. Bar Family Court Bench/Bar;
1999:

01/22/99   S.C. Bar Family Law Section Midyear Meeting;

05/19/99   Family Court Judges Conference;

08/05/99   SCTLA Annual Convention;

08/19/99   SCCA Judicial Conference;

12/3/99   S.C. Bar Family Court Bench/Bar;
2000:

01/00     S.C. Bar Family Law Section;

05/00     SCCA Family Court Judges Conference;

08/00     SCTLA Annual Convention;

08/00     SCCA Judicial Conference;

12/00     S.C. Bar Family Law Bench/Bar;
2001:

01/26/01   S.C. Bar Family Law Section;

05/03/01   SCCA Family Court Judges;

08/02/01   SCTLA Annual Convention;

08/23/01   SCCA Judicial Conference;

12/7/01   S.C. Bar Family Law Bench/Bar;
2002:

1/25/02   Family Law Section II;

05/01/02   Family Court Judges Conference;

08/01/02   SCTLA Annual Conference;

08/22/02   SCCA Judicial Conference.
Judge Strom reported that she has taught the following law-related courses:
South Carolina Bar Continuing Legal Education Seminars:
(a)   "Domestic Practice: The Return of Hot Tips from the Experts." May 1991, Lecture Topic: Interstate Child Support Remedies;
(b)   "Domestic Practice: Hot Tips from the Experts Rides Again." May 1992, Lecture Topic: Child Support Enforcement Against Military Personnel;
(c)   "Bridge the Gap," May 21, 1997;
(d)   "S.C. Family Law Update," May 30, 1997;
(e)   United States Attorney Conference on the Child Support Recovery Act of 1992;
(f)   Panel participant to discuss the Act which provides for the federal prosecution of child support obligors and to discuss the coordination of efforts between Federal and State authorities;
(g)   Guest Lecturer, Columbia Junior College for Paralegal Studies on various child support related topics;
(h)   Speaker, New Family Court Judges School, June 1995.
Judge Strom reported that she has published the following:
Child Support Prosecutors' Bulletin, Vol. I, No. 7, July 1991. "Retroactive Establishment of Support."
(4)   Character:
The Commission's investigation of Judge Strom did not reveal evidence of any founded grievances or criminal allegations made against her. The Commission's investigation of Judge Strom did not indicate any evidence of a troubled financial status. Judge Strom has handled her financial affairs responsibly.
The Commission also noted that Judge Strom 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 Strom reported that prior to her election to the Family Court, she was a public sector attorney and was not rated by Martindale-Hubbell.
(6)   Physical Health:
Judge Strom appears to be physically capable of performing the duties of the office she seeks.
(7)   Mental Stability:
Judge Strom appears to be mentally capable of performing the duties of the office she seeks.
(8)   Experience:
Judge Strom was admitted to the South Carolina Bar in 1984.
Judge Strom gave the following account of her legal experience since graduation from law school:
"Law Clerk to the Honorable J.A. McKown, Resident Judge Seventh Circuit (Retired) 1984-1985;
State Attorney, South Carolina Department of Social Services' Office of Child Support Enforcement, 1985-1989:
Responsible for child support prosecution in various circuits Including the Fifth Judicial Circuit. These circuits include Richland, Kershaw, Orangeburg and York counties;
Chief State Attorney, South Carolina Department of Social Services Office of Child Support Enforcement, 1989-1991:
Responsible for the management of a regional office with approximately 22 staff working in eight counties and for child support prosecution in Newberry and Calhoun counties;
Chief Counsel, South Carolina Department of Social Services Office of Child Support Enforcement, 1991-1994:
Responsible for the supervision of attorney staff statewide, the creation of program policy to ensure compliance with State and Federal law, the development and monitoring of legislation, the drafting and execution of contracts between the Department and Clerks and Courts and law enforcement, the coordination of program activities with Court Administration and Family Court, and the prosecution of child support cases in support of the attorney staff;
Judge, Elected to the bench of Family Court Fifth Judicial Circuit, Seat 4, 1994 -present."
Judge Strom provided the following list of her significant orders and opinions:
"(a)   Hinton v. Hinton, Unpublished Opinion No. 2002-UP-221; March 20, 2002;
(b)   Richland County Department of Social Services v. Venorris Earles, Benny Richardson, and Herbert Gilmore, of whom Venorris Earles is the Appellant, In the Matter of Minors Under the Age of 18, Supreme Court Opinion No. 24768 filed Feb. 23, 1998, Affirmed;
(c)   In the Interest of Reginald M.G., a Minor under the age of 17, Court of Appeals Unpublished Opinion No. 97-UP-005, filed Jan. 6, 1997;
(d)   In the Interest of Robert D., a Minor under the age of 17, Court of Appeals Opinion No. 3146, filed April 10, 2000;
(e)   In the Interest of S., Joshua, Court of Appeals Unpublished Opinion No. 2003-UP-367, filed April 21, 2003;
(f)   McCormick v. Covington, Court of Appeals Opinion No. 203-UP-105, filed Feb. 5, 2003.
Judge Strom reported that she was asked to serve as Acting Associate Judge for the South Carolina Court of Appeals in the spring of 2003.
(9)   Judicial Temperament:
The Commission believes that Judge Strom's temperament has been and would continue to be excellent.
(10)   Miscellaneous:
The Midlands Citizens Committee found Judge Strom to be a qualified and highly-regarded judge. The committee approved of her re-election to the Family Court bench.
Judge Strom is married to Joseph Preston Strom, Jr. She has two children.
Judge Strom reported that she was a member of the following bar associations and professional associations:
"(a)   South Carolina Bar member -1984 to present."
Judge Strom provided that she was a member of the following civic, charitable, educational, social, or fraternal organizations:
"(a)   I am a member of the Board of Visitors for Salem College in Winston-Salem, N.C.
(b)   I am a member of Eastminster Presbyterian Church in Columbia, S.C."
The Commission found Judge Strom qualified and nominated her for re-election to the Family Court bench.

Commission's Findings:   QUALIFIED AND NOMINATED
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Chief Justice Jean Hoefer Toal meets the qualifications prescribed by law for judicial service as Chief Justice on the Supreme Court.
Chief Justice Toal was born on August 11, 1943. She is 60 years old and a resident of Columbia, South Carolina. Chief Justice Toal provided in her application that she has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1968.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Chief Justice Toal.
Chief Justice Toal demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.
Chief Justice Toal reported that she has not made any campaign expenditures.
Chief Justice Toal testified she has not:
(a)   sought or received the pledge of any legislator prior to screening;
(b)   sought or been offered a conditional pledge of support by a legislator;
(c)   asked third persons to contact members of the General Assembly prior to screening.
Chief Justice Toal testified that she is aware of the Commission's 48-hour rule regarding the formal and informal release of the screening report.
(3)   Professional and Academic Ability:
The Commission found Chief Justice Toal to be intelligent and knowledgeable. Her performance on the Commission's practice and procedure questions met expectations.
Chief Justice Toal described her continuing legal or judicial education during the past five years as follows:
01/23/98   13th Annual Criminal Law Update, Columbia;
07/31-
08/03/98   1998 ABA Annual Meeting, Toronto, Canada, (Seminar Faculty Member and "Litigating the Titanic-Products Liability Trial");
08/13/98   1998 S.C. Trial Lawyers Convention, Columbia;
08/20/98   Judicial Conference, Columbia;
10/23/98   Products Liability-The Complex Case (Seminar Faculty Member), Columbia;

11/9/98   November Meeting, What Jurors Really Think, Columbia;
01/15/99   The Art of Advocacy (Seminar Faculty Member), Columbia;
01/22/99   The Fourteenth Annual Criminal Law Update, Columbia;
01/7/99   John Belton O'Neall Inn of Court January Seminar;
03/03/99   Fall 1999 Bridge the Gap, Essential Tips for Practice in S.C. Appellate Courts, Columbia;
04/09/99   Woman Lawyer Advocates, Columbia;
04/30/99   Appellate Practice, Columbia;
05/18/99   Summer 1999 Bridge the Gap, Appellate Practice, Columbia;
06/11/99   Trial & Appellate Advocacy, Columbia;
07/07/99   S.C. Defense Trial Lawyers, Trial Academy, Columbia;

07/16/99   Orientation for Disciplinary Counsel, Columbia;
08/19/99   Judicial Conference, Columbia;
09/29/99   Lunch & Learn Richland Bar, Columbia;
10/19/99   John Belton O'Neall Inn of Court, October Seminar, Columbia;
01/14/00   Professionalism & S.C. Bar Annual Meeting Seminars, Charleston;
02/18/00   South Carolina-A Haven for Religious Dissent, Supreme Court Historical Society, Charleston;
05/03/00   Family Court Judges Conference, Fripp Island;
05/10/00   Circuit Court Judges Conference, Charleston;
07/10/00   Charleston Bar Riverdogs Ethics Seminar, Charleston;
07/10/00   New Judges School, Columbia;
07/27/00   S.C. Defense Trial Attorneys, Joint Claims Association Meeting, Asheville, N.C.;
07/31-
08/03/00   National Conference of Chief Justices, Seattle, WA;

08/03/00   S.C. Trial Lawyers Annual Meeting, Hilton Head;
08/16/00   Annual State Judicial Conference, Columbia;
09/15/00   Ethics-View from the Bench, Columbia;
10/12/00   John Belton O'Neall Inn of Court, October Seminar, Columbia;
01/25/01   Annual Criminal Law Update, Charleston;
01/25/01   Family Law Update, Charleston;
02/09/01   Circuit Court Arbitration Training, Columbia;

04/19/01   2001 Supreme Court Historical Society Colloquium History of Women at the Bar, Charleston;
05/03/01   Family Court Judges Conference, Fripp Island;
08/01/01   National Association of Women Lawyers, Future of Affirmative Action, Chicago, IL;
08/23/01   Annual Judicial Conference, Columbia;
08/27/01   Charleston Bar Riverdogs Ethics Seminar, Charleston;
10/09/01   John Belton O'Neall Inn of Court, New Federal Rules, Columbia;
10/10/01   Does a Difference Make a Difference? Diversity Seminar, Columbia;
01/25/02   17th Annual Criminal Law Update, Charleston;
02/15/02   Masters in Equity, Columbia;
04/08/03   Pre-Trial Intervention, Columbia;
04/26/02   S.C. Women Lawyers, Charleston;
05/01/02   Family Court Judges Conference, Litchfield;
05/08/02   Circuit Court Judges Conference, Charleston;
06/22/02   Ethics and Professionalism for N.C. Bar, Wilmington, N.C.;
07/08/02   New Judges School, Columbia;
08/01/02   S.C. Trial Lawyers Annual Convention   , Hilton Head;
08/22/02   Annual Judicial Conference, Columbia;
09/13/02   Probate Bench Bar, Columbia;
09/27/02   2002 Tort Law Update, Columbia;
10/11/02   Appellate Practice in S.C., Columbia;
09/28-
09/29/02   Annual Solicitors Conference, N. Myrtle Beach;
01/23/03   New Directions in Technology for S.C. Courts, Charleston;
1/24/03   18th Annual Criminal Law Update, Charleston;
01/25/03   Young Lawyers Division, Ring of Fire-In the Hot Seat, Charleston;
01/31/03   Mecklenburg County Young Lawyers Retreat, Keynote, Charlotte;
03/21/03   Ethics Seminar-Duty to Supervise, Pinehurst, N.C.;
04/11/03   Women Lawyers in the New Millennium, Charleston;
05/01/03   Family Court Judges Conference, Clemson;
05/05/03   13th Circuit Solicitors Conference, Clemson;
05/06/03   Magistrates Intensive Training School, N. Charleston;
05/08/03   Circuit Court Judges Conference, Litchfield;
05/12/03   Bridge the Gap, Columbia;
05/31/03   ABA Professional Responsibility Conference, Chicago;
06/23/03   National Judges Association, Charleston;
07/07/03   New Circuit Court Judges School, Columbia;
08/07/03   Roscoe Pound Institute, Judges Roundtable/Jury Selection/S.C. Trial Lawyers Association, Hilton Head;
08/08/03   S.C. Trial Lawyers Association, Hilton Head;
08/21-
08/22/03   Annual State Judicial Conference, Columbia;
08/25/03   Charleston Bar Riverdogs Ethics CLE, Charleston;
09/05/03   S.C. Summary Court Judges Association, Technology and Case Management, N. Myrtle Beach.
Chief Justice Toal reported that she has taught the following law-related courses:
S.C. Bar Sponsored or Approved CLE:

Election Law 1990, "Post-Election Protest Procedure," 02/23/90;

Bridge the Gap, "Effective Legal Writing," 03/05/90;

Appellate Practice in South Carolina, "Overview of S.C. Appellate Court Rules," 05/11/90;

Bridge the Gap, "Effective Legal Writing," 07/30/90;

Criminal Practice in South Carolina, "The Fifth and Sixth Amendments," 10/19/90;

Civil Trial Advocacy, Panel "Proving Damages in the New Business Case," 10/26/90;

Bridge the Gap, "Effective Legal Writing and Oral Advocacy," 03/04/91;

The Future and the Courts, Organizer at this Seminar; secured all speakers; moderator and Introductory Address, 04/04 -04/05/91;

Bridge the Gap, "Effective Legal Writing and Oral Advocacy," 08/05/91;

Criminal Practice, "Fifth and Sixth Amendment Developments in 1991," 09/27/91;

Judicial Conference of the U.S. Military Court of Appeals, "Appellate Review of the Death Penalty Case," 05/01/92;

Criminal Practice "The Fifth and Sixth Amendments-Current Developments," 09/18/92;

Auto Insurance Update, "Stacking-Everything You Always Wanted to Know," 10/23/92;

Legal Ethics and Real Life, Panelist "Every day Legal Issues," 11/6/92;
Ethics in Family Court, Panelist "Ethics and Clients-in the office and other Professionals," 12/15/92;
Appellate Practice under S.C. Appellate Court Rules, "Record on Appeal-Bench Perspective," 01/15/93;
S.C. Bar Workers' Compensation Section Seminar, "Roles of Court and Commission," 01/30/93;
Bridge the Gap, "Effective Legal Writing and Oral Advocacy," 03/01/93;
Bridge the Gap, "Effective Legal Writing and Oral Advocacy," 05/17/93;
Litigating Constitutional Claims, "Appellate Presentation of Constitutional Claims," 10/15/93;

Serving the Best Interest of Children, "Program Overview," 11/04/93;

Election Law Ethics and Governmental Accountability, "Post-Election Protest Procedure including Hill and Fielding," 02/25/94;

Bridge the Gap, "Effective Legal Writing and Oral Advocacy," 05/16/94;

Bench/Bar Symposium: Lawyers Caring About Kids, Moderator-Panelist "Overview of Critical Areas," 06/04/94;

Rules, Rules, Rules, "Appellate Procedure Review," 07/29/94;

Criminal Defense in South Carolina, "(I Can't Get No) Satisfaction-Plea Agreements and Guilty Pleas," 09/23/94;

Ethics for Family Law Practitioners, "Judicial Perspective on Attorneys Fees," 10/25/94;

Bridge the Gap, "Effective Legal Writing and Oral Advocacy," 03/06/95;

The Woman Advocate in South Carolina, "Professionalism and the Decline of Civility in the Practice of Law," 04/21/95;

S.C. Appellate Practice, "Motions and Supersedeas Practice," 04/28/95;

Bridge the Gap, "Effective Legal Writing and Oral Advocacy," 05/15/95;

S.C. Conference of Circuit Court Judges, "The New S.C. Rules of Evidence-Comparison with Federal Rules and outline of Major Changes," 05/18/95;

The Proposed New S.C. Rules of Evidence, "Overview/Comparison with the Federal Rules of Evidence," 06/09/95;

Federal Practice in the District of S.C.: New Directions in Civil Practice, Discussion Procedure & Evidence, "Sweet Potato Law-Ethics Beyond the Code," Panelist, 07/28/95;

The New S.C. Rules of Evidence, "Overview of the New S.C. Rules of Evidence," 08/24/95;

Criminal Practice in South Carolina, "Fourth, Fifth and Sixth Amendment Issues," "Professionalism Ethics and Criminal Practice in the Wake of People v. Simpson," Panel Discussion, 11/03/95;

The Eleventh Annual Criminal Law Update, "Contemporary Issues for the Criminal Law Practitioner," Keynote Address, 01/26/96;

1996 Winter Bridge the Gap, "Effective Legal Writing and Oral Advocacy," 03/04/96;

The South Carolina Woman Advocate: From Ceiling to Sunroof, "So You Want to Be a Judge," Panel Discussion, 04/26/96;

1996 Summer Bridge the Gap, "Essential Tips for Practice in S.C. Courts-Appellate Courts," 05/14/96;

Trial Practice Tune-Ups, "Witness -Lay/Expert," 07/17/96;

1996 South Carolina Tort Law Update, "The South Carolina Unfair Trade Practices Act, in a Nutshell," 09/13/96;

1996 CPAs, Lawyers and Litigation Conference, "Application of Minority and Marketability Discounts in Valuing Closely Held Businesses In Marital Litigation Cases," Panel Discussion, 09/26/96;

Criminal Practice in South Carolina-The Sixth Annual Update, "Stops, Searches, Seizures and the State and Federal Constitutions," 11/01/96;

Auto Insurance Update, "Stacking Made Simple," 11/08/96;

The Masters in Trial, "Presiding Judge," 11/22/96;

Civility, Legal Ethics & Law Office Management, "Video Presentation: The New Discipline -A Brief Look into the Future," 12/27/96;

1997 Winter Bridge the Gap, "Essential Tips for Practice in S.C. Courts-Appellate Courts," Opening Remarks, 03/10- 03/11/97;

The South Carolina Woman Advocate: Making Practice Perfect, "Do The Right Thing: Civility in the Courtroom," Panel Discussion, 04/18/97;

Practice and Procedure in South Carolina, "Appellate Oral Argument and Brief Writing," 05/02/97;

1997 Summer Bridge the Gap, "Essential Tips for Practice in S.C. Court-Appellate Courts," 05/20/97;

South Carolina Civil Trial Techniques, "Jury Selection," 06/06/97;

1997 South Carolina Tort Law Update, "The South Carolina Unfair Trade Practice Act," 09/26/97;
Criminal Practice in South Carolina, "Search and Seizure-A Review of 1997 Appellate Decisions Concerning Fourth Amendment Issues," 11/14/97;
Ethics for Family Law Practitioners, "The Judicial Perspective," Panel Discussion, 12/09/97;
The Masters in Trial, "Presiding Judge," 12/12/97;
1998 Winter Bridge the Gap, "Essential Tips for Practice in S.C. Courts-Appellate Courts," 03/10/98;
1998 Summer Bridge the Gap, "Essential Tips for Practice in S.C. Courts-Appellate Courts," 05/19/98;
The South Carolina Woman Advocate: Moving into the Millennium, "Women as Advocates: What Works and What Doesn't," Panel Discussion;
"Mediation: Its Time is Now-What You Need to Know," Panel Discussion, 05/29/98;
South Carolina Circuit Court Arbitrator Certification Training, "ADR in South Carolina: Past, Present and Future," 06/26/98;
American Bar Association Annual Convention, "Tort Reform: The Role of Appellate Courts," Presiding Judge for the oral Argument and participant in Panel Discussion, 08/01/98;
Judicial Conference, "Technology Update," 08/20/98;
Products Liability-The Complex Case, "Complex Case Management, Developments and Ideas," Panel Discussion; "Daubert and the Expert Witness," 10/23/98;
John Belton O'Neall Inn of Court November Meeting, "What Jurors Really Think," 11/09/98;
Masters in Trial, "Presiding Judge," 11/13/98;
Eighth Annual Presentation of Criminal Practice in South Carolina, "Update on the Fifth and Sixth Amendments: A Review of the 1998 S.C. Appellate Courts' Decisions Dealing With Confessions and Statements," 12/04/98;
The Art of Advocacy, "Commentaries on the Art of Advocacy;" "Tips on Oral Advocacy and Brief Writing;" "The Legal Profession in the Twenty-First Century," Panel Discussion, 01/15/99;
1999 Winter Bridge the Gap, "Essential Tips for Practice in S.C. Courts-Appellate Courts," 03/09/99;
The South Carolina Women Lawyers Association-Bridges to the Future: More Than Just a Connection, "Hot Ethical Issues of the Supreme Court," Panel Discussion, 04/09/99;
Appellate Practice, "Introduction of 2nd Edition of Appellate Practice in South Carolina" by The Honorable Jean Hoefer Toal, Robert A. Muckenfuss & Shahin Vafai, 04/30/99;
1999 Summer Bridge the Gap, "Essential Tips for Practice in S.C. Courts-Appellate Courts," 05/18/99;
Trial & Appellate, "Brief Writing and Oral Advocacy," 06/11/99;
S.C. Defense Trial Lawyers Trial Academy, "Preserving Objections," 07/07/99;
Orientation for Disciplinary Counsel, "Importance of Self Policing the Bar," 07/16/99;
Judicial Conference, "Technology Update," 08/19/99;
Family Court Judges Conference, "Chief's Report," 05/03/00;
Circuit Court Judges Conference, "Chief's Report," 05/10/00;
Charleston Bar Riverdogs Ethics Seminar, "Shoeless Joe Jackson and Lawyer Conduct, Rule 5," 07/10/00;
New Judges School, "Learning To Be a Judge," 07/10/00;
S.C. Defense Trial Attorneys Joint Claims Association Meeting, "Judicial Financing," 07/27/00;
Annual State Judicial Conference, "Chief's Report," "Technology Update," 08/16/00;
Clemson University Law Society, "Ethics-View from the Bench," 09/15/00;
2001 Supreme Court Historical Society Colloquium History of Women at the Bar, "Chief's Report on State of the Judiciary," 04/19/01;
Family Court Judges Conference, "Chief's Report," 05/03/01;
National Association of Women Lawyers of Affirmative Action, Panel Chair, 08/1/01
Annual State Judicial Conference, "Chief's Report and Technology Update," 0823/01;
Charleston Bar Riverdogs Ethics Seminar, "Ethics Cases for the Past Year," 08/27/01
John Belton O'Neall Inn of Court, New Federal Rules, Panel Chair, 10/09/01;
Does a Difference Make a Difference? Diversity Seminar, "Diversity in the S.C. Bench and Bar," 10/10/01;
Masters in Equity, "Judicial Department Update," 02/15/02;
Family Court Judges Conference, "Chief's Report," 05/01/02;
Circuit Court Judges Conference, "Chief's Report," 05/08/02;
North Carolina Bar Convention, "Ethics and Professionalism for N.C. Bar," 06/22/02;
New Judges School, "On Being a Judge," 07/08/02;
S.C. Trial Lawyers Annual Convention, "Chief's Report and Technology Update," 08/01/02;
Annual Judicial Conference, "Chief's Report and Technology Update," 08/22/02;
Probate Bench Bar, "Technology in Probate Court," 09/13/02;
2002 Tort Law Update, "Secret Settlements," 09/27/02;
Annual Solicitors Conference, "Technology and Differentiated Case Management," 09/28-09/29/02;
Appellate Practice in S.C., "Oral Advocacy," 10/11/02;
S.C. Defense Attorneys Association, "State of the Judiciary," 11/09/03;
S.C. Bar Annual Convention/Technology Seminar, "New Directions in Court Technology and Case Management," 01/23/03;
N.C. Bar/Mecklenburg County, Young Lawyers Retreat, 01/31/03;
Pinehurst Ethics CLE, "Lawyers Ethical Responsibility to Supervise," 03/21/03;
S.C. Women Lawyers Association Annual CLE, "Sisters in Law," 04/11/03;
Family Court Judges Conference, "Chief's Report," 05/01/03;
13th Circuit Solicitors Conference, "Technology Update for Solicitors," "Hot Topics for Prosecutors," 05/5/03;
Magistrates Intensive Training, "Case Management for Magistrates," 05/06/03;
Circuit Court Judges Conference, "Chief's Report and Technology Update" 05/8/03;
Spring 2003 Bridge the Gap, "Professionalism and the New Lawyer," 05/12/03;
ABA Professional Responsibility Panel, "Panel: Ethics 2000 and the New Lawyer Conduct Code," 05/31/03;
National Judges Conference, "Technology and the Lay Judge-The S.C. Story," 06/23/03;
New Circuit Court Judges School, "What It Means To Be A Judge," 07/07/03;
Roscoe Pound Institute/S.C. Trial Lawyers Association, "Panel: Jury Selection," 08/07/03;
S.C. Trial Lawyers Association, "Chief's Report," 08/08/03;
Annual State Judicial Conference, "Technology Update" 08/21/03; "Chief's Report," 08/22/03;
Charleston Bar Riverdogs CLE, "Ethics/The Shoeless Joe Jackson and Pete Rose Stories and Professional Conduct Rules," 08/25/03;
S.C. Summary Court Judges Association, "The New Case Management System for Summary Court Statewide and Greenville Pilot," 09/05/03;
Total CLEs taught since becoming a judge - 128.
Chief Justice Toal reported that she has published the following:

"(a)   J.M. Hoefer, 1966 Survey-Corporations, 19 S.C. L. Rev. 24 (1967);

(b)   J.M. Hoefer, 1966 Survey-Workman's Compensation, 19 S.C. L. Rev. 147 (1967);

(c)   J.H. Toal, 1967 Survey-Property, 19 S.C. L. Rev. 635 (1967);

(d)   J.H. Toal, Water Resources Research Project, Edens: The Prime Obstacle to a Redevelopment of South Carolina Water Law, 23 S.C. L. Rev. 63 (1971);

(e)   J.H. Toal and J. Aldrich, Recent Developments in Punitive Damages and Expert Witness Testimony, 22 Defense Line 7 (Winter 1994);

(f)   J.H. Toal, Book Review, The South Carolina Law of Torts, 50 S.C. L. Rev. 261 (1998);

(g)   J.H. Toal, Robert A. Muckenfuss, Shahin Vafai, Issue Preservation at Trial: Back to Basics, 10 S.C. Lawyer 14 (March/April, 1999);

(h)   J.H. Toal, Robert A. Muckenfuss, Shahin Vafai, Appellate Practice in South Carolina, (S.C. Bar CLE Division 1999), release date May 1999;

(i)   J.H. Toal, Robert A. Muckenfuss, Shahin Vafai, Appellate Practice in South Carolina, 2nd Edition (S.C. Bar CLE Division 2002), release date July 4, 2002;

(j)   J.H. Toal, Reply to Professor Tarpley's Comment Regarding Justice Sandra Day O'Connor, 54 S.C.L. Rev. 267 (Winter 2002)."
Chief Justice Toal also provided the following written response to questions promulgated by the Judicial Merit Selection Commission concerning issues facing our State and the judicial branch of government. Her responses also included her reflection upon and guidance as to the future of the South Carolina judiciary as well as her comments on key issues confronting the courts.
Supplemental Screening Questions and Answers
November 25, 2003
1.   Some states have created permanent Innocence Commissions to serve as "quality control" checks on their criminal prosecution and trial processes. Aside from appellate review of criminal cases, do "quality control" checks on our prosecution and trial processes exist in South Carolina? Is official empirical data collected which might support the efficacy of our current processes or, alternatively, help identify specific process components in need of correction? Is there a role for an Innocence Commission? If so, what would you envision to be the purpose, form, and structure?
"There is an Innocence Project presence in South Carolina at this time. The Founder of the Innocence Project, Barry Scheck, and South Carolina attorney Joseph McCullough are very involved in this project. Barry Scheck filed an amicus brief in Johnson v. Catoe, was admitted pro hac vice, and was permitted to argue the case before the South Carolina Supreme Court. 345 S.C. 389, 548 S.E.2d 587 (2001). The S.C. Supreme Court is liberal in reopening cases, even when all avenues of relief in the circuit court and the federal system have been exhausted. Butler v. State set a "shocking to the universal sense of justice" standard for reopening cases where all other possibility for review has been exhausted. Under the Butler standard, Johnson received a hearing on his claim of actual innocence. 302 S.C. 466, 397 S.E.2d 87 (1990).
State v. Spann is another example of a case in which our Court ordered a new trial after all avenues of relief had been exhausted. 334 S.C. 618, 513 S.E.2d 98 (1999). That having been said, actual innocence is rarely demonstrated where a case is reopened. After receiving new trials, both Butler and Spann chose to plead guilty in exchange for a non-capital sentence.
Appellate review of direct appeals, reviews of post-conviction relief denials, and Butler reviews are all quality control mechanisms. Additionally, the appointment of experienced judges to hear capital cases and the appointment of experienced attorneys to try them are significant quality control mechanisms. Further, circuit court judges are required to attend Continuing Legal Education programs on recent developments in capital litigation.
No official empirical data has been collected on the current process.
If an Innocence Commission were created, it should be independent of the Courts and could be managed by the South Carolina Bar."
2.   In their Megatrends series, John Naisbitt and Patricia Aburdene attempt to identify trends that will shape our society for the next several decades. What trends do you see developing, which if sustained, will have substantial effect on our criminal and civil justice system? How does the Judicial Department currently go about identifying these trends and preparing to react to them? Should the Department's method for forecasting and planning be changed? If so, how?
"The South Carolina Judicial system relies on data from the National Center for State Courts, Bureau for Justice Standards, FBI and SLED for forecasting purposes. The enactment of mandatory minimum terms for drug offenses, especially crack cocaine offenses, has greatly affected the level of incarceration of South Carolina's youngest citizens and African American citizens, particularly those with lower incomes. Two significant subsets of South Carolina's population of 4 million are that 25% are under 18 and 33% are minority. Additionally, our per capita income ranks us 38th in the nation.
We are thus impacting a significant portion of our population when we disproportionately incarcerate the young, the poor and the minority citizen. Sentencing and incarceration issues need to be examined not only in terms of financial costs but also in terms of human cost.
Criminal domestic violence cases need to be given more attention early on. In capital cases, I have heard in my 15 years as a member of the S.C. Supreme Court that there have been only two where the defendant was not subjected to violent abuse as a child and teenager. I believe a Blue Ribbon Commission should be created to address these sentencing and criminal domestic violence issues as well as issues regarding the Sexually Violent Predator Registry.
In the early 90's, I attended a national conference on the future of the American Court System. As a result, I developed a mandatory Judicial Education Program on the subject, which was convened at Furman University in 1991. We assembled a distinguished group of economists, social scientists, and legal experts to discuss what impact future trends in South Carolina's business, education system, and population demography would have on our court systems.
It is time for one to take place again. Issues such as the aging of the population, the use of technology as the next 'utility', and the effect of 'Homeland Security' initiatives all challenge the Judicial Branch as it looks to the future. The Department's strategic plan focuses upon the use of technology to produce a more effective and accessible court system. With the institution of a statewide case management system, the Department's ability to identify and better manage trends in the courts will improve."

3.   Aside from appellate case review, does the Judicial Department engage in any effort to ensure that our State's court system is non-discriminatory as to matters of gender, race, and ethnicity? As to matters of employment, juror selection, sentencing, and other areas where such discrimination might impact, does the Department collect and analyze empirical data?
"The Judicial Department is mandated by both the Constitution and statute to ensure the court system is non-discriminatory. Even when questions of race or gender discrimination are not properly preserved for review, our Court has reversed cases where discrimination is patent. For example, in State v. Pace, the Court granted a defendant a new trial in a case where a judge repeatedly referred to defendant's counsel as 'a nice girl' and 'a pretty girl' and told the jury not to take it out on her when he ruled against her. 316 S.C. 71, 447 S.E.2d 186 (1994). In Toyota of Florence, Inc. v. Lynch and Southeast Toyota Distributors, the Court granted a new trial for defendant Southeast Toyota where, in closing argument, the plaintiff displayed a poster with depictions of planes, mushroom clouds and people with 'Oriental features' in order to demean the defendant Japanese corporation. 314 S.C. 257, 442 S.E.2d 611 (1994). Additionally, the Court has had presentations at its annual Judicial Conference addressing discrimination in all its forms, including how to identify even subtle discrimination.
The Judicial Department employs a diverse work force, especially in senior management. Of course, the Department has no control over the selection of judges since they are elected by the General Assembly. A greater pool of minority lawyers will increase the number of minority candidates. We aggressively emphasize diversity in recruiting lawyers for clerk and staff attorney positions, but we are competing against law firms offering much larger salaries than the Department is able to offer. Not including judges, the Department employs 62 Caucasian males, 299 Caucasian females, 3 African American males, 46 African American females, 1 American Indian female, and 1 Asian Pacific female.
Juror selection is controlled by Batson v. Kentucky and its progeny, which established a process which ensures that jurors are not struck from the jury for discriminatory reasons. 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). See Georgia v. McCollum, 505 U.S. 42, 112 S.Ct. 2348, 120 L.Ed.2d 33 (1992) (Batson applies equally to the defendant and the State); State v. Shuler, 344 S.C. 604, 454 S.E.2d 805 (2001); State v. Haigler, 334 S.C. 623, 515 S.E.2d 88 (1999); Payton v. Kearse, 329 S.C. 51, 495 S.E.2d 205 (1998); State v. Hicks, 330 S.C. 207, 499 S.E.2d 209 (1998); State v. Chapman, 317 S.C. 302, 454 S.E.2d 317 (1996); State v. Adams, 322 S.C. 114, 470 366 (1996); Sumpter v. State, 312 S.C. 221, 439 S.E.2d 842 (1994); State v. Dyar, 317 S.C. 77, 452 S.E.2d 603 (1994); Riddle v. State, 314 S.C. 1, 443 S.E.2d (1994); State v. Green, 306 S.C. 94, 306 S.C. 94, 452 S.E.2d 785 (1991); State v. Grandy, 306 S.E.2d 224, 411 S.E.2d 207 (1991); State v. Tomlin, 299 S.C. 294, 384 S.E.2d 707 (1989).
As to sentencing, the Sentencing Guidelines Commission previously was a resource for sentencing information. That information was available to all judges for reference in sentencing issues. The Commission was disbanded because of budget cuts and that function is no longer performed."
4.   How has the budget crunch of the past few years affected the Judiciary in South Carolina? How have these shortfalls affected the morale of our Judges and their support personnel?
"The budget crunch of the past few years has severely affected the Judicial Department. General appropriations have fallen from $43 to $32 million. The legislature has authorized various special fees and designated the Department as a recipient of all or part of these fees. However, these fees are not generating the income expected, and the judicial system is really becoming stressed by the lack of consistent, reliable funding.
The Constitution requires the rotation of judges, however, rotation has been severely restricted because of the lack of funding. Family Court has been especially hard hit by the lack of rotation. Rotation is a terrific management tool: it allows the assignment of judges where backlogs exist or the caseload is heavy and also enhances the objectivity of the judges who are not always working in their home circuits. Finally, programs such as Alternative Dispute Resolution and translation services have been severely curtailed because of the budget crisis. Fortunately, our judges and support personnel believe in the mission of the Judicial Department. Last year our turnover rate was only 5.6%."
5.   As a result of the continuing pronounced split in public opinion over many issues likely to be matters of both legal controversy and of public controversy in our court system, what can be done to ensure continued respect for the judicial process as Judges confront these issues?
"Judges are bound by the rule of law. This is a stabilizing force for our society. Judicial independence is the key to stability and consistency in the enforcement of the rule of law. The Chief Justice's Commission on the Profession proposed, and the Court adopted, a new oath for judges and lawyers that stresses professionalism and will be taken not only by new judges and lawyers but also by those who are already judges and lawyers. The new oath will be administered at Continuing Legal Education seminars on Professionalism and continued training is expected."
6.   Have the changes made to South Carolina's judicial selection process in the last decade brought benefits? Have you noticed tangible differences in the Judiciary's level of independence, impartiality, or competence? Do you wish to sound any cautionary notes?
"I am a big supporter of the recent Statutory and Constitutional changes made in the Judicial Selection process, which is now a very thorough, professional, and inclusive process. The limitation on the candidacy of sitting members of the General Assembly has also created a broader pool of candidates for open judicial positions.
As a cautionary note, the General Assembly needs to be sensitive to judicial independence. Judges must be free to rule on cases without fear or favor. Allowing a "burning" issue of concern from a group or the general public to influence the selection of judges needs to be handled with care so that complaints about the process can be aired separately from comments about a candidate."
7.   As the science of biotechnology extends itself almost daily, we see major issues being raised from human cloning and stem-cell research to choosing the DNA we want our children to have. How well-prepared are our Courts to deal with the challenges these issues present in terms of the need for sufficient, and perhaps independent, technical assistance to assist the Courts in addressing these types of issues?
"I believe the judges of this state are well prepared to deal with the challenges imposed by scientific advances. The United States Supreme Court opinion in Daubert v. Merrell Dow Pharmaceuticals, Inc. established the judge as a stronger gatekeeper for allowing expert testimony. 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993). Even prior to Daubert, I authored an opinion, State v. Ford, which established the criteria for admission of DNA evidence in a criminal case in our state. 301 S.C. 485, 392 S.E.2d 781 (1990).
Although Canon 3(b)(7)(d), Rule 502, Code of Judicial Conduct, allows a judge to consult and obtain advice from an uninterested expert, this avenue is rarely used and I cannot recall a case that was reviewed by the Court where this technique was used. The parties are responsible for providing expert testimony, allowed under the standards of Daubert, so that judges and juries can weigh the evidence. Cloning and stem-cell research are really issues that the legislature needs to decide."
8.   In your January 2003 State of the Judiciary address you stated that 25 of South Carolina's 46 counties had access to reliable high-speed Internet, and that your goal would be to get all 46 counties on line by the end of the fiscal year. Has this goal been achieved? How do you see courthouse technology advancing in the next ten years? Specifically, are we likely to see a paperless Court similar to that of the Federal Bankruptcy Court? If so, how will this effort be funded? If the money does not come solely from federal grants, then how much will it cost lawyers, litigants, and taxpayers?
"Currently, 43 of the 46 main county courthouses have reliable, high-speed Internet connectivity. Efforts are ongoing with the three remaining counties and the telecommunications companies that serve them. It is anticipated that these three remaining counties will have the reliable, high-speed Internet connectivity in the beginning of calendar year 2004. Now the goal is to leverage this initial connectivity to provide it for all levels of court in all judicial facilities in the counties. This goal will be a challenge to achieve because of the number of Magistrates (approximately 350) and the fact that most are not located in the main county courthouse complexes. However, the Judicial Department is committed to develop the technology infrastructure for all judicial facilities because the court operations are now becoming dependent upon technology for the electronic exchange of information.
Courthouse technology will continue to advance at a very rapid pace over the next ten years and beyond. The fundamentals of e-mail, web portal, online legal research, and court case management will serve as the building blocks for the advances that will be taking place. Online collaboration tools, such as the one being deployed for the managing of the class action OxyContin case will become commonplace. Real-time electronic interfaces with other state and local agencies will provide a seamless exchange of information as needed in a secure environment. Electronic filing of documents, electronic notifications, and electronic signatures will become incorporated into the judicial processes. Technology will be used more directly during the conducting of hearings as is occurring in the Equity in Education case being tried in Clarendon County. Use of document management, (specifically imaging), real-time transcription, and video conferencing will become common resources in our courtrooms over the next decade.
Although the South Carolina Courts will probably not be totally paperless within the next ten years, we are using some of the best practices and lessons learned from the Federal Courts. For example, we are standardizing the judicial workbench to include a single laptop per judge. In this manner, the judge can take their "files" with them to the bench, in chambers, home, wherever they need to have access. Imaging technologies and electronic filings are being incorporated into the state courts. The technologies being deployed and used enable paper to be generated on demand when necessary, as an interim step, while the entire state is adapting to the use of technology. Remember, the technology initiatives within the Judicial Department just began approximately three years ago. Much progress has been made in that short time. Also, remember that the organizational and political structure of the Federal Courts, particularly the Bankruptcy Courts, is relatively homogeneous compared to the diverse state, county, and municipally based structure of the South Carolina courts.
To date, funding for the technology initiatives has been primarily from federal grants. The Judicial Department will continue to pursue these grants for future efforts. In the meantime, as the economy rebounds, we will urge the state to begin funding some of these initiatives through state general appropriations. Other funding avenues are also being pursued. An increase in court fines and fees has already been implemented to begin providing needed funds.
Use of Internet-based technologies may enable services to be provided that currently or in the past were impossible. It may or may not be possible for charges to be applied to such new services. Note that all of the online court services available to the public through the Judicial Department website (www.sccourts.org) are currently free of charge. New ways of conducting business such as E-filing will be zero cost to the courts to implement, will reduce the amount of labor, and will be cheaper for the attorneys who will no longer need the paper and courier services. Also, the purpose of federal grants is to serve as a catalyst to establish the initial infrastructure for new ways of doing business.
The teams and task forces performing the technology initiatives of the Judicial Department are very conscientious about upfront and recurring costs and will continue to minimize the costs to lawyers, litigants, and taxpayers; however, just like the business world, the operations (manual or automated) of any government agency have a financial cost. Some of the technology initiatives of the Judicial Department have already saved the state and counties significant costs. For example, online rosters are saving counties between $500 and $2,300 per month. Online court calendars and monthly reports are saving several thousands of dollars per month. Therefore, tangible cost savings are already being achieved as well as the improved accuracy and timeliness of the court information."
9.   Do you think South Carolina's courts have sufficient, qualified Spanish-translators? What system would you suggest to assure that the translators the court system has are adequately trained to be an interpreter in a legal setting? Given South Carolina's budget crisis, what would you suggest as a funding mechanism to obtain and maintain these translators?
"Currently, we have no good system for assuring there are sufficient numbers of qualified Spanish-translators or translators for other non-English speaking participants in the court system. Some counties have devised local methods for providing Spanish translators. A centralized list is provided to counties of individuals who have agreed to be contacted to serve as court interpreters. However, many translators are not certified. We do not have the funds to implement a state certification program. The challenge is to ensure these, and other translators, have training on the court process and what happens during a case to ensure the translation is accurate.
Some counties use a dial-up system to access a wide range of foreign language interpreters. However, the dial-up service has limited use in court and is not used during lengthy court proceedings. Currently, we partially reimburse counties for the cost of hiring court translators, but many interpreters are not willing to continue providing services at the minimum hourly rate. I believe monies for an adequate translation system for all non-English speaking court participants should be funded from the General Fund and include a certification system with adequate reimbursement for certified interpreters."
10.   Given the current circumstances where extended family members are often playing larger economic and emotional roles in the raising of a child, what should South Carolina do to reflect the changing make-up of families today concerning custody and visitation rights? With the Supreme Court ruling in Troxel v. Granville, how do you see grandparents' rights concerning visitation evolving and how does this comport with the current status of familial relationships?
"The family courts in South Carolina receive training regularly in the area of custody and visitation rights and are adopting unique methods to deal with the issue when parents cannot agree on custody or visitation.
In Troxel v. Granville, a plurality opinion, the United States Supreme Court held that a mother's wishes regarding visitation prevailed over the grandparents' wishes where there had been no showing the child would be harmed by the visitation. 530 U.S. 57, 120 S.Ct. 2054, 147 L.Ed.2d 49 (2000). In effect, the opinion directs that the parent's decision to deny visitation must be presumed to be correct and the grandparents must overcome this presumption. South Carolina Code Ann. Section 22-7-420(33) (Supp. 2002) provides:

To order periods of visitation for the grandparents of a minor child where either or both parents of the minor child is or are deceased, or are divorced, or are living separate and apart in different habitats regardless of the existence of a court order or agreement, and upon a written finding that the visitation rights would be in the best interests of the child and would not interfere with the parent/child relationship. In determining whether to order visitation for the grandparents, the court shall consider the nature of the relationship between the child and his grandparents prior to the filing of the petition or complaint.
In Camburn v. Smith, ___S.C. 565 S.E.2d (2003), the S.C. Supreme Court was confronted with the issue of grandparents' rights to visit their grandchild. Our Court found: 'Under Troxel, the court must give 'special weight' to a fit parent's decision regarding visitation. 530 U.S. at 69-70. A court considering grandparents' visitation over a parent's objection must allow a presumption that a fit parent's decision is in the child's best interest.' Further, our Court concluded: '[t]he presumption that a fit parent's decision is in the best interest of the child may be overcome only by showing compelling circumstances, such as significant harm to the child, if visitation is not granted. See Blixt v. Blixt, 774 N.E.2d 1052 (Mass. 2002); Stacy v. Ross, 798 So.2d 1275 (Miss. 2001). The fact that a child may benefit from contact with the grandparent, or that the parent's refusal is simply not reasonable in the court's view, does not justify government interference in the parental decision. See Glidden v. Conley, 820 A.2d 197 (Vt. 2003).'"
11.   Is there a constitutional right to counsel in non-capital, civil cases (i.e. post-conviction relief cases)? If not, why should South Carolina mandate appointment of counsel in these types of cases?
"In 1987, the United States Supreme Court held in Pennsylvania v. Finley, that counsel is not constitutionally required in post-conviction relief cases. 481 U.S. 551, 107 S.Ct. 1990, 95 L.Ed.2d 539 (1987). Nevertheless, in South Carolina, we have statutes that require the appointment of counsel in all post-conviction relief cases, both capital and non-capital. S.C. Code Ann. Section 17-27-60 and Section 17-27-160 (Supp. 2002). The decision by the General Assembly to continue to mandate counsel in PCR cases will likely come down to a decision as to what is affordable.
Currently, I believe there is a disconnect between capital funding and funding for other cases where an indigent is entitled to counsel, either by statute or constitutional mandate. Capital cases are well funded, while the responsibility for representing other indigents entitled to representation is often placed solely on the members of the South Carolina Bar, who often take appointments and are not paid for their representation or even their costs. A comprehensive study of funding for indigent representation and appointments needs to be undertaken."
12.   In the past decade, some legal commentators have reported that a trend exists of many South Carolina Supreme Court criminal cases being reversed by the United States Supreme Court, because of the South Carolina Supreme Court's narrower view of a criminal defendant's rights. Do you believe this is true? If so, what reasons, if any, can be given to explain why South Carolina seems out of sync with the United States Supreme Court?
"I do not believe the reversals by the United States Supreme Court reflect that South Carolina has a narrower view of a criminal defendant's rights. The reversals in recent years have been mainly in the area of capital case law, specifically regarding what a jury should be charged regarding parole eligibility, an area that is still in a state of flux. In death penalty cases, jurors were instructed that life means life in the ordinary sense of the word and that they were not to consider parole when deciding whether to impose the death penalty. When the death penalty was first enacted, life without parole was not an option. Some life sentences resulted in parole eligibility after 20 years; some after 30 years. Prosecutors wanted juries told about specific parole eligibility because they used it to argue that a dangerous defendant should be given the death penalty, or he might one day get out of prison and pose a threat to public safety. Defense counsel opposed charges on the specifics of parole.
Then defense counsel began to attempt to present evidence in the penalty phase that the defendant posed no threat of future dangerousness. The U.S. Supreme Court reversed our death penalty affirmance in Skipper v. State, and declared that a defendant must be allowed to present evidence of defendant's lack of future dangerousness in mitigation. 476 U.S. 1, 106 S.Ct. 1669, 90 L.Ed.2d 1 (1985).
At about this time, opponents of the death penalty began to lobby the General Assembly to change the life sentence in a capital case to 'life without parole.' Defense counsel also began to ask for variations on the 'life means life' charge designed to suggest that convicted defendants would never be paroled.
In Simmons v. South Carolina, 512 U.S. 154, 114 S.Ct. 2187, 129 L.Ed.2d 133 (1994), the U.S. Supreme Court held that it is reversible error to instruct a jury "life means life," the jury should not consider parole. This is tantamount to holding that juries don't really believe a judge's instructions.
The General Assembly has now amended the death penalty statute to provide that life without parole is the alternative choice to the death penalty in a capital case. S.C. Code Ann. Section 16-3-20 (Supp. 2002). Juries are so instructed.
The U.S. Supreme Court has also had an evolving standard for what a jury should be charged regarding 'reasonable doubt.' In Sandstrom v. Montana, the Court outlawed the long established charge that malice could be presumed from the use of a deadly weapon. 442 U.S. 510, 99 S.Ct. 2450, 61 L.Ed.2d 39 (1979). In ensuing cases, the Court reviewed the use of terms such as "moral certainty" in defining the degree of proof required for conviction. Compare Cage v. Louisiana, 498 U.S. 39, 111 S.Ct. 328, 1132 L.Ed.2d 385 (1990) with Victor v. Nebraska, 511 U.S. 7, 114 S.Ct. 1239, 127 L.Ed.2d 583 (1994); Estelle v. Maguire, 502 U.S. 62, 112 S.Ct. 475, 116 L.Ed.2d 385 (1991), and the South Carolina cases of State v. Aleksey, 343 S.C. 20, 538 S.E.2d 248 (2000); Todd v. State, 355 S.C. 396, 585 S.E.2d 305 (2003). Many cases from South Carolina and other states have been reversed as these reasonable doubt standards have evolved.
Victim impact evidence used to be very restricted and resulted in reversals of South Carolina capital cases where it was used. For example, Booth v. Maryland, 482 U.S. 496, 107 S.Ct. 2529, 96 L.Ed.2d 440 (1987) (introduction of victim impact evidence in the penalty phase is a violation of the 8th Amendment) led to South Carolina v. Gathers, 490 U.S. 805, 109 S.Ct. 2207, 104 L.Ed.2d 876 (1991) (imposition of death penalty reversed under Booth standard for use of victim impact evidence in solicitor's closing argument). Then the U.S. Supreme Court reversed course and began to approve the use of victim impact evidence is such cases as Payne v. Tennessee, 501 U.S. 808, 111 S.Ct. 2597, 115 L.Ed.2d 720 (1991) (8th Amendment not a per se bar to admission of victim impact evidence in death penalty case).
I have taken an oath to uphold the law and will continue to follow the law as enacted by the General Assembly and interpreted by the United States Supreme Court. I do note that many other states have also been reversed in cases involving the death penalty.
In the meantime, the jurisprudence in this area is unsettled and evolving."
13.   Currently, the South Carolina Constitution requires the Judiciary to be self-regulating and to address concerns of judicial misconduct through its own Commission on Judicial Conduct. Are these measures adequate to assure public confidence in the judicial system, and what, if any steps can be taken, such as altering the composition of the Commission to provide for increased public participation, to continue to foster public trust? Alternatively, should the State Constitution be amended to provide for the appointment of an independent agency responsible for investigating allegations of misconduct and enforcing disciplinary measures, and would an independent agency promote public confidence in the integrity of the judicial system in South Carolina?
"I believe our current system is adequate to ensure public confidence in the judicial system. Attendance at National Conferences of Disciplinary Authorities has revealed that many states have disciplinary systems run by the State Bar or other independent agencies. Often, these systems of discipline do not provide the public with as much confidence as our system does. Our system allows for almost immediate suspension of a judge who is alleged to have engaged in serious misconduct.
Our Judicial Discipline Commission includes judges from all levels of our court system as well as lay persons. We can be proud that our judiciary has been free of the taint of widespread corruption, which has characterized some state courts. Our disciplinary system combines the talents of an aggressive disciplinary counsel, assistance from the Attorney General's Office and SLED, with the direction of a commission of great integrity."
14.   The first, and perhaps only, experience most South Carolinians will have with our justice system is in Magistrate's Court. In 2000, the General Assembly instituted legislation requiring new magistrates to have at least a two-year associate degree beginning in 2001, with an increased requirement of a four-year baccalaureate degree effective in 2005. Given two years' experience with the increased educational requirement, what changes, if any, have occurred in the magistrate court system? What feedback have you received regarding these more stringent education requirements? Has the quality of adjudication and service improved at the magistrate court level since this legislation took effect? What further changes, if any, do you anticipate when a four-year degree is required for magistrate candidates in 2005?
"I believe the magistrate's reform legislation enacted several years ago by the General Assembly is a real success story. The Judicial Department immediately set about implementing the new education and certification mandates. The Department has made great progress in implementing the magistrate's certification test, and there is an increasing emphasis on professionalism at the magistrate's court level. The increase in pay included in that legislation has attracted highly educated candidates for these positions, with approximately 20% currently holding advanced college degrees. All magistrates now have access to Westlaw research provided by the Department. Forms and manuals needed by magistrates are now on-line, allowing these judges to produce up to date documents electronically. I personally attend all meetings of the Chief Magistrates and many of the meetings and seminars that include all magistrates.
I am a big supporter of the lay system of magistrates and would not advocate a change that would require magistrates to have more than a four-year degree. The lay system allows those with a wide range of backgrounds to adjudicate cases. These judges have lived up to the higher expectations that we have imposed upon them and have become more sophisticated in their dealings with litigants and lawyers who appear before them.
Training is being made available around the State at the State's technical colleges, and these sessions are able to be more intense given the background now required of magistrates. When the requirement of a four-year graduate degree becomes effective, more expansive training will be possible. I believe the General Assembly's action in reforming the system in 2000 was the best thing possible for the magistrate's system."
15.   Frequently, parents and grandparents involved in the Family Court system have complained of being "held hostage" to the system. These complaints generally focus on the time and expense required for cases to be resolved.

a.   To the extent that these lengthy expanse of time and extensive cost factors are a result of judges and how they run their courtrooms, what can be done to improve the system?
"I do not believe the lengthy time and cost factors are factors attributable to the judges and how they run their courtrooms. Rather, I believe they are the result of the lack of funds for Alternative Dispute Resolution Programs and my recent inability to freely rotate judges. Judge William Howard of the Court of Appeals has recently revived the ADR Commission. Funding for ADR in the family courts is more of a top priority than obtaining funding for circuit court ADR."

b.   To the extent that these factors are a function of the private enterprise system of attorneys and guardians "run amok" and perhaps solely being profit-driven, what can be done to improve the system?
"I believe the problems of guardians 'run amok' was solved by the legislation recently enacted by the General Assembly which requires judges to look at time spent and approve fees for guardians. As to attorneys, a litigant is always free to change attorneys if the litigant does not believe the attorney is serving the litigant's interests. As a last resort, the litigant can file a complaint against the attorney with the Office of Disciplinary Counsel. But again, many issues that come to family court, particularly visitation and custody matters, are not resolved well in an adversarial process. State-funded mediation represents an effective method of removing the adversarial approach from the process."

c.   Do you think that Family Court judges are adhering to the new guardian law? Since guardians are neither screened nor supervised, what protections are in place to deal with a biased guardian? What alternatives does a litigant have other than to seek to have a biased guardian removed? What can the Court do to ensure that a fair and impartial investigation of a guardian accused of bias is conducted?
"I do believe the judges are adhering to the new guardian law. Under the new legislation, guardians are required to have training and attend trials prior to being appointed. If a litigant believes a guardian is biased, the litigant can file a motion to have the guardian relieved. Because the family court judges are more involved, and involved earlier in cases involving guardians, I believe they can be trusted to ensure that a biased guardian is timely removed from the case."

d.   Because delay in resolution of these cases is generally never in the best interest of the child, what systemic changes would you recommend to expedite case resolutions?

"The delay in resolution of cases is a perfect example of how stressed the family court system is. First, Department of Social Services attorneys control the docket in all removal, abuse and neglect, and termination cases. Second, no new family court positions have been authorized by the legislature in eight years. The legislature and the public need to realize how fortunate we are that cases are resolved as quickly as they are. Many other states do not have a separate family court system and view our system as a nirvana."

e.   The Supreme Court has established a Commission on Alternative Dispute Resolution. One of the goals/recommendations is for mandatory mediation in all 46 counties. Solely with respect to Family Court, how soon could that goal be realized and do you think it would help the system? Do you agree that it would be better that non-binding mediation be conducted without attorneys present so that parties could first meet in a non-adversarial setting? For this reason, should mediators be allowed to prohibit the attendance of attorneys?
"As previously stated, the Commission on ADR has been renewed and revived with the appointment of a new Chair to head the Commission. Mandatory mediation in all family courts is a wonderful goal but without funding from the General Assembly will not be a reality for some time to come. As to the attendance of attorneys at mediation conferences, presently Rule 4 of the Rules of Mediation provides that attorneys can be present only if the parties and the mediator consent. Thus, there is no need to prohibit the attendance of attorneys since the mediator can simply veto their presence."

f.   What can the General Assembly do legislatively to improve the Family Court system?
"As previously stated, our family court system is the envy of many other states. With the addition of more family court judges and adequate funding for ADR and the entire system, the South Carolina families that look to the family court system to resolve disputes could be resolved without the delay that they are currently facing there."
(4)   Character:
The Commission's investigation of Chief Justice Toal did not reveal evidence of any founded grievances or criminal allegations made against her. The Commission's investigation of Chief Justice Toal did not indicate any evidence of a troubled financial status. Chief Justice Toal has handled her financial affairs responsibly.
The Commission also noted that Chief Justice Toal was punctual and attentive in her dealings with the Commission, and the Commission's investigation did not reveal any problems with her diligence and industry.
(5)   Reputation:
Chief Justice Toal reported that her last available Martindale-Hubbell rating was "AV."
Chief Justice Toal reported the following concerning her public offices held:
"(a)   S.C. Commission on Human Affairs, 1972-74, appointed by Governor John West;
(b)   S.C. House of Representatives, District 75, 1975-1988, elected to office seven times."
(6)   Physical Health:
Chief Justice Toal appears to be physically capable of performing the duties of the office she seeks.
(7)   Mental Stability:
Chief Justice Toal appears to be mentally capable of performing the duties of the office she seeks.
(8)   Experience:
Chief Justice Toal was admitted to the South Carolina Bar in 1968.
Chief Justice Toal provided the following account of her legal experience since graduating from law school:
"September 1968-August 1970: Associate Haynsworth, Perry, Bryant, Marion & Johnstone, Greenville, S.C.
Haynsworth was the largest law firm in South Carolina when I began my practice in 1968 as the sixteenth lawyer in the firm. I worked under several of the partners on a variety of corporate, trusts, real estate and defense litigation issues. I did research and assisted in document drafting for the first public stock offering for Daniel Construction Company, pension and profit sharing plans for J.P. Stevens, Alice Mills, Hollingsworth on Wheels, Daniel Construction Company, Alister G. Furman Co., Caine Realty and many other corporations; trust and wills for Homozel Mickel Daniel, The Daniel Foundation and others; corporation certifications for CT Corporation Systems; and defense litigation in products liability, workers' compensation, automobile liability and medical malpractice cases.
August 1970 -December 1973: Associate;
January 1974-March 16, 1988: Partner, Belser, Baker, Barwick, Ravenel, Toal & Bender.
When I came to the Belser Law Firm in 1970, it was comprised of four partners and three associates. It was an old Columbia law firm, about medium size for Richland County at that time. It handled a variety of litigation. On the civil side, the firm did insurance defense work, construction litigation, some plaintiff's litigation, real estate closings, and corporate work. The firm also handled criminal defense cases. In those days, before public defenders, most litigators did criminal work. As a young lawyer, about 30 percent of my work the first years with the Belser firm was criminal trial and appellate work. However, I also worked on many civil cases and appeals to the South Carolina Supreme Court and to the United States Court of Appeals for the Fourth Circuit.
As I developed my own clientele, I expanded our base to include more plaintiff's cases, administrative law cases, domestic litigation, and employment cases, but continued to also be involved in our defense insurance work, construction litigation, corporate matters and criminal defense cases.
I was privileged to appear on a frequent basis in all levels of trial and appellate courts in this state, including trials or appeals before the Magistrates Court, County Court, Probate Court, Master-In-Equity, Circuit Court, Family Court, South Carolina Court of Appeals and South Carolina Supreme Court. I also had considerable experience as a litigator in United States District Court, the Fourth Circuit Court of Appeals and one appearance as co-counsel before the United States Supreme Court. My twenty years of experience as a practicing lawyer included a fairly even mix of plaintiff and defense work, criminal trial work, and complex constitutional litigation. I wrote many trial and appellate briefs at all court levels. I also had considerable administrative law experience in litigation involving environmental matters, federal and state procurement, hospital certificates of need, employment matters and election matters.
I also utilized my law degree in public service. I served in the South Carolina House of Representatives for 13 years. I served as Chairman of the House Rules Committee and Chairman of the Constitutional Laws Sub-Committee of the House Judiciary Committee. My legislative service included floor leadership of complex legislation in the fields of constitutional law, utilities regulation, criminal law, structure of local government, budgetary matters, structure of the judicial system, banking and finance legislation, corporate law, tort claims, workers' compensation, freedom of information act and environmental law. In many instances, I had a primary role in drafting the legislation in the area and presenting it to subcommittee, full committee and House membership. I served on many House-Senate Conference and Free Conference Committees including: Home Rule Bill, Ethics Reform Act of 1975, Freedom of Information Act revisions, State General Appropriations Bills, Omnibus Crime Bill, various Sine Die Resolutions, various Judicial Reform Bills, Public Service Commission Restructuring, Economic Forecasting Revisions, and Joint Rules."
Chief Justice Toal provided the following concerning her prior judicial positions:
"Associate Justice, Supreme Court of South Carolina, elected January 27, 1988, qualified March 17, 1988, re-elected February 14, 1996;
Chief Justice, Supreme Court of South Carolina, elected June 2, 1999, qualified March 23, 2000."
Chief Justice Toal provided the following list of significant orders:
"(a)   State v. Ford, 301 S.C. 485, 392 S.E.2d 781 (1990);
(b)   Whitner v. State, 328 S.C. 1, 492 W.E.2d 777, cert. denied, 523 U.S. 1145, 118 S.Ct. 1857, 140 L.E.2d 1104 (1998);
(c)   Griffin Plumbing and Heating v. Jordan Jones and Goulding, 320 S.C. 49, 463 S.E.2d 85 (1995);
(d)   State v. Franklin, 318 S.C. 47, 456 S.E.2d 357 (1995), cert. denied, 516 U.S. 856, 116 S.Ct. 160, 133 L.E.2d 103 (1995);
(e)   Douan v. Charleston County Council and Charleston Election Commission, Op. No. 25707 (S.C. S.Ct. filed Aug. 25, 2003) (Shearouse Adv. Sheet No. 25, at 48)."
Chief Justice Toal provided the following information relating to unsuccessful candidacies:
"I filed for the position of Associate Justice of the South Carolina Supreme Court in 1984 and in 1985. In each instance, I was screened and found qualified, but withdrew before election. These positions were filled by Justice A. Lee Chandler, elected May 9, 1984 and Justice Ernest A. Finney, Jr., elected April 3, 1985."
(9)   Judicial Temperament:
The Commission believes that Chief Justice Toal's temperament has been and would continue to be excellent.
(10)   Miscellaneous:

The Midlands Citizens Committee found Chief Justice Toal to be a qualified and highly-regarded Supreme Court justice. The Committee approved of her re-election as Chief Justice of the S.C. Supreme Court.
Chief Justice Toal is married to William Thomas Toal. She has two children.
Chief Justice Toal reported that she was a member of the following bar associations and professional associations:
"(a)   American Bar Association;
(b)   S.C. Bar Association;
(c)   Richland County Bar;
(d)   S.C. Women Lawyers Association;
(e)   John Belton O'Neall Inn of Court;
(f)   Conference of Chief Justices, Board of Directors 2001-2002, 2003-2006."
Chief Justice Toal provided that she was a member of the following civic, charitable, educational, social, or fraternal organizations:
"Church:

St. Joseph's Catholic Church;

Lector (Lay Reader).
Fraternal:

Phi Beta Kappa;

Order of the Coif;

Phi Alpha Delta Legal Fraternity;

Phi Delta Phi Legal Fraternity;

ODK Leadership Fraternity;

Mortar Board Leadership Fraternity.
Civic and Educational:

Conference of Chief Justices Board of Directors, 2001-2002, 2003-2006;

Agnes Scott College Board of Trustees, 1997-Present;

Kosmos Club, 1996-Present;

University of South Carolina Bicentennial Commission, 1999-2001;

Women Helping Women Achieve, University of South Carolina Women's Athletic Programs, 1998-Present;

Chair, South Carolina Rhodes Scholar Selection Committee, 1994;

ABA Presidential Working Group on the Unmet Legal Needs of Children and Their Families, 1993;

S.C. Commission on Continuing Legal Education and Specialization, 1992-Present;

Chair, South Carolina Juvenile Justice Task Force, 1992-1994;

New York University, Appellate Judges Seminar, 1988;

Trustee, Columbia Art Museum, 1980-1985;

S.C. Workers' Compensation Study Committee, 1978-1988;

Board of Visitors, Clemson University, 1978;

Founder, First Chairman, Shandon Neighborhood Council, 1972-1974;

South Carolina Human Affairs Commission, 1972-1974.
Honors:

Government Technology Top 25 Doers, Dreamers and Drivers, 2002;

Center for Digital Government, In the Arena Award, 2002;

Honorary Doctor of Law, University of South Carolina, 2000;

Honorary Doctor of Law, The Citadel, 1999;

South Carolina Trial Lawyers Association, Portrait Honoree, 1995;

South Carolina Women Lawyers Association, Jean Galloway Bissell Award, 1995;

Richland County Bar Association (SC), John W. Williams Award, 1994;

Dreher High School Hall of Fame, 1994;

Congaree Girl Scout Council Woman of Distinction, 1993;

South Carolina Public Relations Society of America, Citizen of the Year, 1992;

Honorary Doctor of Laws, Columbia College, 1992;

Agnes Scott College, Outstanding Alumnae Award, 1991;

University of Notre Dame Award, 1991;

Algernon Sidney Sullivan Award, University of South Carolina, 1991;

Honorary Doctor of Humane Letters, College of Charleston, 1990;

University of South Carolina Mortar Board Woman of the Year, 1989;

South Carolina Pharmacists Association Legislator of the Year, 1985;

South Carolina Municipal Association DSA Award, 1980;

Columbia Record, Ten for the Future, 1976;

Greenville News Outstanding Legislator of the Year Award, 1976;

Recipient, Columbia Jaycees DSA Award, 1976;

Columbia BPW Career Woman of the Year, 1974."
Chief Justice Toal additionally reported the following:
"It is a rare privilege given few in life to have been allowed to serve as an Associate Justice and as Chief Justice on the South Carolina Supreme Court for the past 15 years. Today I am still filled with the same excitement and love for my work with which I began my service on March 17, 1988. I believe I have been a productive member of our Court. I have written over 900 opinions for our court in the 15 years of my tenure. Of that number, approximately 69 are dissenting opinions. The opinions I have written for the Court have addressed virtually every area of the law. I have prepared opinions for the Court analyzing and deciding issues related to the United States Constitution and the South Carolina Constitution. I have written opinions interpreting both federal and state legislation. My opinions have ranged from those involving criminal appeals, civil appeals, appeals from administrative agencies (including, but not limited to, the Worker's Compensation Commission, the South Carolina Public Service Commission, the South Carolina Health and Human Services Finance Commission, the South Carolina Department of Revenue, the State Crop Pest Commission, and the South Carolina Coastal Council), election contests, domestic appeals, and appeals arising from probate court. I have written opinions for the Court addressing certified questions from Federal District Courts. I have written several opinions for the Court where the death penalty was at issue for the appellant. I have written opinions for the Court in which the appellant was attacking an act of the legislature as unconstitutional (including, but not limited to, the South Carolina Tort Claims Act, certain tax commission regulations, the Video Gaming Act, and certain sections of the probate code). I have written opinions for the Court that have become important precedents regarding the admissibility of certain evidence and regarding both civil and criminal procedures. I read and independently research, where appropriate, every matter that comes before our Court. I participate actively in Continuing Legal Education Seminars as a teacher and as a student.
As an Associate Justice, I was assigned several special projects by each of the Chief Justices under whom I have served. These projects included:
1989-1990: Chair and Co-Drafter of the new South Carolina Appellate Court Rules, submitted to the General Assembly in 1990, made effective 9-1-90, the first major revision of the rules since the mid 1970's.
1989-1991: Supervised Supreme Court Building Renovation Project including presentations to House Ways and Means, Senate Finance, Joint Bond Review Committees and Budget and Control Board; attendance at all construction team meetings with General Services, contractors, and architect; daily site inspection for 13 months; resulting project completed under budget.
1992-1994: Chair, South Carolina Juvenile Justice Task Force created with the encouragement of Governor Carroll Campbell and U.S. District Judge Joseph Anderson to study the Juvenile Justice Department and suggest lower cost, more effective alternative programs for the confinement of juveniles who pose a risk to the community and rehabilitation of convicted juveniles. The resulting Task Force Report was presented to the Governor, the General Assembly and Judge Anderson.
1993-1994: Chair, Task Force for Adoption of South Carolina Rules of Evidence patterned on the Federal Rules of Evidence. This was a large research and drafting project undertaken by the Court and its staff attorneys. The finished product, including Court drafted Reporters Comments, was submitted to the 1995 General Assembly and became effective September 3, 1995. South Carolina became the 36th state to adopt a form of the Federal Rules of Evidence.
1992-2000: Court liaison with Budget and Control Board, DSS, Clerks of Court and the Governor's Office on implementation of a computerized Child Support Enforcement System.
1992-2000: Court supervisor of our new Information Technology Unit. We are proceeding, with support from the General Assembly, to computerize our judges' offices statewide.
As Chief Justice, I have taken very seriously my responsibility under Canon 4. I travel the state speaking to all manner of audiences - business, law enforcement, school children, lawyers, church groups, civic organizations, judges of all levels, local government leaders, and other community groups. I have given hundreds of addresses in my judicial career discussing the judicial system and its impact on our society.
I have chosen to highlight the use of technology to improve the delivery of justice, especially in rural South Carolina. Electronic communication, research, and management are now used extensively in our state as a result of my efforts.
The Judicial Branch has been recognized statewide and nationally for our innovations in the use of technology in our courts. In October 2003, I will give the keynote address for the National Center for State Courts Court Technology Conference (CTC8) in Kansas City, Missouri. In my one-hour presentation, I will be telling the South Carolina story with great pride as a model for other states.
Greater professionalization of the Summary Court system, both Magistrate Court and Municipal Court, has been another focus of my administration. All levels of court are now provided with WestLaw research, funded by the S.C. Judicial Department. We negotiated a statewide contract, provided special templates for use by Magistrates, and provided the WestLaw system at our expense. We have upgraded judicial education, certification and technical training for the Summary Court bench. We also placed on line all forms and the multi-volume bench book. Magistrates are able to download the latest forms and keep much more current with the changes in the laws that affect their courts.
A closer working relationship with the 46 county Clerks of Court has been another strong point of emphasis by me. The S.C. Judicial Department has obtained several federal grants, which have provided some new computer and printer equipment for each Clerk of Court. All 46 clerks now have a Web page. These Web pages will be the portal for an Internet-based, statewide Case Management System for Magistrates Court and Circuit Court (Common Pleas and General Sessions), which we have designed, competitively bid and are beginning to pilot in Greenville County. When we complete installation of this system in Greenville, Pickens and Richland, we will be ready to roll the system out in the other clerks' offices.
I made elimination of the large backlog in production of Circuit and Family Court transcripts by our Court Reporters a top priority when I became Chief. Some cases were over two years from request. We completely reworked our management and assignment techniques. We revised, updated and republished the Court Reporters manual. We increased the per page fee for transcripts for the first time in many years. The backlog has been eliminated, and the system is functioning well.
I have formed a strong partnership with the Solicitors, Public Defenders, and the Law Enforcement community to focus on improving the backlog of cases in General Sessions Court. These backlogs cost the counties thousands of dollars in jail expenses for those awaiting trial who are not out on bond. The victims, defendants and the community all suffer when these criminal cases are not resolved. Large backlogs also send negative messages to the offender community about whether the state is serious about enforcing its laws.
Finally, I have initiated an outreach to South Carolina students and teachers. In 2001, the Supreme Court and Court of Appeals held oral arguments on the main campus of the University of South Carolina and at each of its branch campuses in recognition of the bicentennial of the establishment of the university. College students were invited to hear the arguments and participate in a Question and Answer session with the Court. This proved so successful that each appellate court has begun to sit in other locations in the state and to include high school students in these sessions. The Supreme Court also conducted a term in the historic Charleston Courthouse to honor its reopening after its 'post Hugo' total restoration. This fall, the Supreme Court will begin the 'Case of the Month' and 'Class Action' program. With the consent of the lawyers and parties, a case will be designated 'Case of the Month.' Briefs and records will be made available to selected high school or middle school classes. They will attend oral argument and a Question and Answer session with our Court.
I am personally involved in extensive teaching activities. I have also continued to author scholarly articles and books on legal topics."
The Commission found Chief Justice Toal qualified and nominated her for re-election as Chief Justice of the South Carolina Supreme Court.

Commission's Findings:   QUALIFIED AND NOMINATED
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Jerry D. Vinson, Jr. meets the qualifications prescribed by law for judicial as a Family Court judge.
Mr. Vinson was born on October 12, 1960.   He is 43 years old and a resident of Florence, South Carolina. Mr. Vinson 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. Vinson.
Mr. Vinson 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. Vinson reported that he has not made any campaign expenditures.
Mr. Vinson 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. Vinson 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. Vinson to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.
Mr. Vinson described his continuing legal or judicial education during the past five years as follows:
(a)   March 7, 1997, DSS Legal Training;
(b)   May 30, 1997, South Carolina Family Law Update;
(c)   September 12, 1997, Domestic Practice Hot Tips (Speaker);
(d)   December 5, 1997, South Carolina Bench Bar Update;
(e)   January 23, 1998, Family Law Section CLE;

(f)   January 24, 1998, Trial and Appellate Advocacy;
(g)   February 27, 1998, DSS Attorney Training;
(h)   June 20, 1998, Family Law Section CLE;
(i)   August 28, 1998, Domestic Practice Hot Tips (Speaker);
(j)   January 22, 1999, Family Law Section CLE;
(k)   January 22, 1999, Access to Justice Committee Ethics Program;
(l)   January 23, 1999, Business Valuation Seminar;
(m)   June 11, 1999, Trial and Appellate Advocacy Section CLE;
(n)   June 12, 1999, Family Law Section CLE;
(o)   August 6, 1999, ABA Joint Tax Workshop;
(p)   August 7, 1999, ABA Domestic Hot Tips Seminar;
(q)   September 24, 1999, Domestic Hot Tips Seminar (Speaker);
(r)   October 29, 1999, Alternative Dispute Resolution Perspectives Seminar;
(s)   December 4, 1999, Family Law Ethics Seminar (Speaker);
(t)   January 21, 2000, Family Law Section Seminar;
(u)   May 19, 2000, Domestic Cool Tips Seminar;
(v)   June 16, 2000, Trial and Appellate Advocacy Section Seminar;
(w)   June 17, 2000, Family Law Section Seminar;
(x)   September 15, 2000, Domestic Hot Tips Seminar (Speaker);
(y)   December 1, 2000, Family Law Bench Bar Seminar;
(z)   January 26, 2001, Family Law Section Seminar;
(aa)   August 2, 2001, Trial Lawyers Seminar (Family Law, Trial and Appellate Advocacy, Ethics);
(bb)   September 21, 2001, Domestic Hot Tips Seminar (Speaker);
(cc)   December 8, 2001, Family Law Ethics Seminar (Moderator);
(dd)   January 25, 2002, Family Law Section Seminar;
(ee)   September 20, 2002, Domestic Hot Tips Seminar (Speaker);
(ff)   October 18, 2002, Ethical Issues in Appointed Issues (Speaker);
(gg)   December 6, 2002, Family Court Bench Bar;
(hh)   December 12, 2002, Orientation for Attorneys to Assist Disciplinary Counsel;
(ii)   January 10, 2003, Guardian ad Litem Certification (Speaker);
(jj)   January 24, 2003, Family Law Section Seminar;
(kk)   April 25, 2003, Domestic Cool Tips Seminar (Speaker);
(ll)   August 7, 2003, Trial Lawyers Seminar (Family Law and Ethics);
(mm)   September 19, 2003, Domestic Hot Tips Seminar (Moderator).
Mr. Vinson reported that he has taught the following law-related courses:
"(a)   September 12, 1997, Domestic Practice Hot Tips (Speaker);
(b)   August 28, 1998, Domestic Practice Hot Tips (Speaker);
(c)   September 24, 1999, Domestic Hot Tips (Speaker);
(d)   December 4, 1999, Family Law Ethics Seminar (Speaker);
(e)   September 15, 2000, Domestic Hot Tips Seminar (Speaker);
(f)   September 21, 2001, Domestic Hot Tips Seminar (Speaker);
(g)   September 20, 2002, Domestic Hot Tips Seminar (Speaker);
(h)   October 18, 2002, Ethical Issues in Appointed Issues (Speaker);
(i)   January 10, 2003, Guardian ad Litem Certification (Speaker);
(j)   April 25, 2003, Domestic Cool Tips Seminar (Speaker)."
Mr. Vinson reported that he has not published any books or articles.
(4)   Character:
The Commission's investigation of Mr. Vinson did not reveal evidence of any founded grievances or criminal allegations made against him. The Commission's investigation of Mr. Vinson did not indicate any evidence of a troubled financial status. Mr. Vinson has handled his financial affairs responsibly.
The Commission also noted that Mr. Vinson 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. Vinson reported that his Martindale-Hubbell rating was "BV."
(6)   Physical Health:
Mr. Vinson appears to be physically capable of performing the duties of the office he seeks.
(7)   Mental Stability:
Mr. Vinson appears to be mentally capable of performing the duties of the office he seeks.
(8)   Experience:
Mr. Vinson was admitted to the South Carolina Bar in 1985.
Mr. Vinson provided the following account of his legal experience since graduation from law school:
"From August 1985 until April 1986, I practiced as an associate with Haigh Porter in Florence, South Carolina. My responsibilities involved primarily mortgage foreclosure actions and real estate transactions.
From April 1986 until July 1987, I served as a law clerk for the Honorable John H. Waller, Jr., Circuit Judge for the Twelfth Judicial Circuit. My responsibilities involved assisting Judge Waller with research and reviewing Orders and other documents presented for execution by Judge Waller.
From July 1987 until April 1992, I practiced as an associate with Turner, Padget, Graham and Laney, P.A., in Florence, South Carolina. My practice involved civil litigation in State and Federal Court primarily related to defense of insureds in personal injury, premises liability and business litigation.
From April 1992 until December 1992, I practiced as an attorney with the Fallon Law Firm in Florence, South Carolina. My practice involved civil litigation primarily representing plaintiffs in personal injury cases.
From January 1993 until January 2001, I was a shareholder with the Vinson Law Firm, P.A., in Florence, South Carolina. My practice involved civil and domestic litigation, including personal injury cases and business litigation as well as divorce and custody actions. I also represented the Department of Social Services as a contract attorney for four (4) years during this period of time litigating all abuse and neglect cases. From 1993 until 2001, my practice gradually became more concentrated in Family Court to the extent that, by 1998, I practiced almost exclusively in Family Court.
In January 2001, I merged my practice and became a partner in McDougall and Self, L.L.P., practicing in the Florence, South Carolina office. My practice is limited to Family Court litigation."
Mr. Vinson reported the frequency of his court appearances during the last five years as follows:
"(a)   Federal:   0%;
(b)   State:     100%."
Mr. Vinson reported the percentage of his practice involving civil, criminal, and domestic matters during the last five years as follows:
"(a)   Civil:     2%;
(b)   Criminal:   0%;
(c)   Domestic:   98%."
Mr. Vinson reported the percentage of his practice in trial court during the last five years as follows:
"(a)   Jury:     0%;
(b)   Non-jury:   100%."
Mr. Vinson provided that he most often served as sole counsel.
The following is Mr. Vinson's account of his five most significant litigated matters:
"(a)   Connie Wiggins Skipper v. Douglas Skipper, 95-DR-21-2241. This matter was a divorce case with the primary issues being equitable distribution and alimony. Husband and wife had been married for 32 years during which time the husband had worked for Southern Bell while the wife had been a full time homemaker. During the pendency of the action, the husband accepted an early retirement. I was able to demonstrate to the Court that the wife was entitled to half of his retirement as part of equitable distribution and also that the Court should impute income to him for alimony purposes. I utilized a vocational expert who testified that the husband could continue to earn $3,500.00 per month and the Court utilized this figure in setting alimony. With the divided retirement benefits and the alimony, the wife was able to maintain a reasonable lifestyle. The matter was appealed but dismissed by the husband. The husband also filed bankruptcy. I was able to protect the equitable distribution award, alimony and the attorney's fees awarded from discharge in bankruptcy;
(b)   Larry Foster v. Betty Foster, 02-DR-21-390 (Appeal Pending). This was an alimony reduction action in which I represented the wife who had been awarded substantial equitable distribution and alimony at the time of the parties' divorce. While the husband was able to show a substantial loss in income on his tax returns for several years preceding the filing of the action, I was able to demonstrate that there had been no change in his lifestyle and that he continued to spend the same amount or more than he spent at the time his alimony obligation had originally been set. The Court did not modify the alimony payment based upon the husband's decrease in income, as reflected in his financial documents, as his spending habits and lifestyle reflected a higher income. The Court did slightly reduce the alimony based upon employment which my client had undertaken just prior to the final hearing in this matter. This modification is on appeal;
(c)   Maria Parker Doughty v. John Harold Doughty, Jr., 02-DR-21-835. This was a divorce where the only issue finally litigated was related to custody. The husband attempted to demonstrate that the mother was morally unfit and was the less involved parent. Both parties had flexible work schedules which permitted them to spend significant time with the children. Utilizing a child counselor, the testimony of my client and the efforts of the Guardian ad Litem, I was able to demonstrate that the mother was the more involved parent and was morally fit. I was also able to demonstrate that the father had entered into a course of conduct intended to alienate the children from the mother. The mother was granted sole custody of the children following a two-day trial. The Order was not appealed;
(d)   John & Mary Smith v. SCDSS. This was an administrative hearing before the South Carolina Department of Social Services Hearing Panel related to a foster parent care matter. The Department of Social Services had raised allegations that Mr. and Mrs. Smith, foster parents within the Department of Social Services system, had abused a foster child in their care. Substantial medical testimony was presented along with factual testimony from numerous witnesses concerning injuries to the foster child. Following the one-day trial of this matter, the Hearing Panel determined that the Smiths had not abused the foster child. (I have not disclosed the actual names of my clients as this is not a matter of public record.);
(e)   Deby Eddings v. Harold David Eddings, 98-DR-21-326. This was a divorce action in which the primary issues were equitable distribution and health insurance/alimony. The wife had a preexisting condition which made the purchase of insurance extremely difficult and expensive. While the marriage had lasted for less than three years, the husband had convinced the wife to resign her position with Amtrak while he continued to work. After the husband committed adultery, which led to thtinue to make COBRA payments for the wife's coverage until the COBRA benefits ended and that he would continue to pay a monthly amount for health insurance premiums unless or until the wife became eligible for group benefits, died or remarried. While this Order was not appealed, the husband subsequently brought an action for reduction or termination of alimony which was heard and the husband's request was denied."e demise of the marriage, the wife was especially concerned about continuing coverage. I was able to convince the Court to award, in essence, medical alimony which provided that the husband would have to con
The following is Mr. Vinson's account of a civil appeal he has personally handled:
"(a)   Foster v. Foster, App Ct No.: 02-DR-21-390, currently pending."
(9)   Judicial Temperament:
The Commission believes that Mr. Vinson's temperament would be excellent.
(10)   Miscellaneous:
The Pee Dee Upstate Citizens Committee reported that Mr. Vinson is a "highly respected member of the Florence County Bar, specializing in Family Law. They found that in addition to his active Family Law practice, Mr. Vinson has extensive experience as a lecturer at the various South Carolina Bar sponsored seminars and has served as a member and past chairman of the Family Law Section of the South Carolina Bar. The committee noted that Mr. Vinson expressed interest in providing solid, consistent justice to all litigants and a continued commitment to alternate dispute resolution as a valuable tool in the Family Court area." The committee found Mr. Vinson qualified for election to the Family Court.
Mr. Vinson is married to Flora Sue Lester Vinson. He has does not have any children.
Mr. Vinson reported that he was a member of the following bar associations and professional associations:
"(a)   South Carolina Bar Association:
Member of House of Delegates; Member and Past Chair (2001-2002) of the Family Law Section Counsel of the South Carolina Bar; Member of the Resolution of Fee Disputes Panel for Florence County;
(b)   Florence County Bar Association;
(c)   South Carolina Trial Lawyers Association;
(d)   South Carolina Women Lawyers Association;
(e)   Attorney to Assist Office of Disciplinary Counsel."
Mr. Vinson provided that he was a member of the following civic, charitable, educational, social, or fraternal organizations:
"(a)   Member of Vestry and Confirmed Communicant at St. John's Episcopal Church;
(b)   Member and former Vice Chair of Francis Marion University Foundation Board;
(c)   Member of Florence Symphony Orchestra Board;
(d)   Member of Master Works Choir Board;
(e)   Member of Francis Marion Alumni Association Advisory Board;
(f)   Past President Francis Marion Alumni Association; Alumnus of the Year, 1997;
(g)   Graduate of Leadership Florence."
Mr. Vinson additionally reported:
"In the past ten (10) years I have deliberately modified my practice to become exclusively a Family Court practitioner. I made a commitment to seek to improve my professional skills and the practice of Family Law by my involvement in the South Carolina Bar Family Law Section Counsel and by attending and speaking at numerous continuing legal education seminars. I believe that my training and experience have prepared me to serve as a Family Court Judge. If elected, it is my intent to serve in an understanding, patient, restrained and consistent manner."
The Commission noted that Mr. Vinson had great experience in the practice of family law. He has also contributed to the Family Law section of the Bar through CLE presentations and as Chair of the section. They commented on how highly respected he was by the local bar. The Commission found Mr. Vinson qualified and nominated him for election to the Family Court.

Commission's Findings:   QUALIFIED AND NOMINATED
(1)   Constitutional Qualifications:
Based on the Commission's investigation, G. Edward Welmaker meets the qualifications prescribed by law for judicial service as a Circuit Court judge.
Mr. Welmaker was born on December 12, 1945. He is 58 years old and a resident of Easley, South Carolina. Mr. Welmaker provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1970.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Mr. Welmaker.
Mr. Welmaker 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. Welmaker reported that he has not made any campaign expenditures.
Mr. Welmaker 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. Welmaker 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. Welmaker to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.
Mr. Welmaker described his continuing legal or judicial education during the past five years as follows:
"2002

IMLA's 67th Annual Conference, Local Government: Reaching New Heights;

South Carolina Municipal Attorneys Association, Annual Meeting & Continuing Legal Education Seminar;
2001:

South Carolina Association of County Attorneys Annual Conference; National Rural Electric Cooperative Assoc., Legal Seminar 41;
2000:

South Carolina Association of County Attorneys Annual Meeting;

South Carolina Local Government Attorneys' Institute;

South Carolina Bar, Advance Directives in S.C.: Understanding Health Care Powers of Attorney & Living Wills;

National Rural Electric Cooperative Assoc., Legal Seminar 40;

National Rural Electric Cooperative Assoc., Workplace Law;

South Carolina Council for Conflict Resolution, Basic Mediation Training;
1999:

South Carolina Association of County Attorneys Annual Meeting;

National Rural Electric Cooperative Assoc., Legal Seminar 39;

National Rural Electric Cooperative Assoc., Workplace Law;

South Carolina Local Government Attorneys' Institute;
1998:

National Rural Electric Cooperative Assoc., Employee & Labor Relations Workshop & Update;

The Electric Cooperatives of South Carolina Legal Seminar;

South Carolina Local Government Attorneys' Institute."
Mr. Welmaker reported that he has taught the following law-related courses:
"(a)   Criminal law through Louisiana College 1973-74;
(b)   Coordinated seminar for, and lectured to, active duty JAG officers at Shaw Air Force Base as to South Carolina Estate Law."
Mr. Welmaker reported that he has not published any books or articles.
(4)   Character:
The Commission's investigation of Mr. Welmaker did not reveal evidence of any founded grievances or criminal allegations made against him. The Commission's investigation of Mr. Welmaker did not indicate any evidence of a troubled financial status. Mr. Welmaker has handled his financial affairs responsibly.
The Commission also noted that Mr. Welmaker 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. Welmaker reported that his Martindale-Hubbell rating was "AV."
Mr. Welmaker reported his service in the military as follows:
"United States Air Force; Lieutenant Colonel, Retired-Honorable Discharge; Active duty, December 1970-September 1974; Active Reserve, September 1974 -June 1996."
(6)   Physical Health:
Mr. Welmaker appears to be physically capable of performing the duties of the office he seeks.
(7)   Mental Stability:
Mr. Welmaker appears to be mentally capable of performing the duties of the office he seeks.
(8)   Experience:
Mr. Welmaker was admitted to the South Carolina Bar in 1970.
Mr. Welmaker described his employment history since graduation from law school as follows:
"Upon graduation from the University of South Carolina School of Law and admission to the South Carolina Bar, I went into the United States Air Force in December, 1970, as a Judge Advocate General (JAG). While on active duty, I performed numerous duties, including prosecution and defense of courts martial; conducting various administrative hearings, such as discharge boards, accident investigation, and medical disability; giving advice to base commander; participating in formal labor union negotiations; handling Federal Tort Claims Act suits; and, handling other various responsibilities. I attended a number of legal schools for specific training. While on active duty in Louisiana, I taught criminal law and criminal procedure in the Louisiana College night school. After separating from active duty with the Air Force in 1974, I remained in the active reserves, serving as a JAG officer at Shaw Air Force Base in Sumter, South Carolina, until retirement in 1996. Similar duties were performed there, and additional training given.
On September 16, 1974, Henry F. Floyd and I hung a shingle in Pickens, South Carolina, maintaining a general law practice in a small town. In 1978, the law firm merged with William G. Acker and Kenneth D. Acker to form Acker, Acker, Floyd & Welmaker. (Through additions and departures, the firm continues as Acker, Welmaker & Allison.) In the 29 years of private practice, the clientele has remained broad-based. Although no longer personally handling Family Court matters, Social Security disability claims, and Workers' Compensation matters for both employees and employers, those types of cases have been a substantial part of my practice over the years. I have always done a lot of trial work, more civil now than criminal. As attorneys for a municipality, the firm prosecutes all DUI's and shoplifting cases. I continue to do work in the Probate Court and represent local governments and an electric cooperative.
As to civil matters, most representations now involve defendants, through handling the defense of governmental entities and insurance defense work. For the approximate first half of my career, the majority of my trial work was on the other side, especially in the field of Workers' Compensation and Social Security disability benefits. Of course, with a general practice in a small town, numerous other appearances were made before administrative boards, such as the Probation, Parole, and Pardon Board, the former Alcohol Beverage Control Commission, as well as hearings in Probate Court. While unaware of an exact count, I'm confident that I've tried substantially more than 100 cases before juries in the Court of Common Pleas, in addition to summary courts, and a few in Federal District Court."
Mr. Welmaker reported the frequency of his court appearances during the last five years as follows:
"(a)   Federal:   Rarely;
(b)   State:     Quite Frequently."
Mr. Welmaker reported the percentage of his practice involving civil, criminal, and domestic matters during the last five years as follows:
"(a)   Civil:     75%;
(b)   Criminal:   25%;
(c)   Domestic:   0%."
Mr. Welmaker reported the percentage of his practice in trial court during the last five years as follows:
"(a)   Jury:     85%;
(b)   Non-jury:   15%."
Mr. Welmaker provided that he most often served as sole counsel.
The following is Mr. Welmaker's account of his five most significant litigated matters:
"(a)   Powell v. Vulcan Materials Co., 299 S.C. 325, 384 S.E.2d 725 (1989). This case was significant to me for a number of reasons. My client sustained a disabling mental injury at his workplace without the presence of any physical injury. As the case worked its way through the appeal process (over five and a half years), the issue of a 'mental-mental' Workers' Compensation compensable injury had not been decided in South Carolina. While the South Carolina Court of Appeals decided a similar case in favor of the employee the year before (Stokes v. First National Bank, 298 S.C. 13, 377 S.E.2d 922, later affirmed by the Supreme Court), this was the first time our State Supreme Court ruled on the issue;
(b)   City of Easley v. Portman, 327 S.C. 593, 490 S.E.2d 613 (1997).

The defendant was convicted of DUI by a jury in the City of Easley, although there was no testimony from anyone observing Mr. Portman operating the vehicle. Rather, defendant had wrecked his motor vehicle and confessed to the arresting officer to be the driver. The evidentiary concept of corpus delecti was the appellate issue. The circuit court judge upheld the conviction only after much analysis and consideration. The three-judge panel of the Court of Appeals upheld the conviction, although each wrote separate opinions, one in dissent;
(c)   Cartee v. Lesley, 286 S.C. 249 333 S.E.2d 341 (COA 1985), affirmed 290 S.C. 333, 350 S.E.2d 388 (1986, Supreme Court). A significant case personally because one of the defendants was a senior law partner. Plaintiff beneficiaries brought an action against two trustees on multiple causes of action, basically accusing the trustees of fraud and mismanagement of the estate. A lengthy trial, with numerous motions before, during, and after verdict, followed by full appeals, enhanced the difficulty. Fortunately, some reconciliation was reached years later, consistent with the jury's verdict;
(d)   Burgess v. Easley Municipal Election Commission, 325 S.C. 6, 478 S.E.2d 680 (1997). The case involved a protest by a write-in candidate for mayor. It was significant to me for several reasons. A pro se appellant presented unusual challenges; the elected mayor was an important high school teacher and mentor to me; but most of all, the entire appeal process gave opportunity to learn about election laws and procedures. The election commission decision was upheld by the Supreme Court;
(e)   Culler v. Blue Ridge Electric Cooperative, Inc., 309 S.C. 243, 422 S.E.2d 91 (1992). This case involved the doctrine of employment at will. The particular issue was whether or not a public policy exception was factually met by the evidence. Full analysis of the principles enunciated in Ludwick v. This Minute of Carolina, Inc., 287 S.C. 219 337 S.E.2d 213 (1985) was utilized in presenting the case to the Supreme Court. The facts presented did not establish an exception to the common law doctrine of employment at will."
The following is Mr. Welmaker's account of five civil appeals he has personally handled:
"(a)   Estate of Chappell v. Gillespie, Court of Appeals, July 21, 1997, 327 S.C. 617, 491 S.E.2d 267;
(b)   Moore v. City of Easley, Supreme Court, July 1, 1996; 322 S.C. 455, 472 S.E.2d 626;
(c)   Olson v. State, Supreme Court, May 1, 1994, 314 S.C. 27, 443 S.E.2d 572;
(d)   McCollum v. Singer Company, Court of Appeals, November 6, 1989, 300 S.C. 103, 386 S.E.2d 471;
(e)   Satterfield v. Bright, Court of Appeals, July 7, 1986, 289 S.C. 254, 345 S.E.2d 769."
The following is Mr. Welmaker's account of criminal appeals that he has personally handled:
"(a)   City of Easley v. Vickie B. Cartee, Supreme Court, November 30, 1992, 309 S.C. 420, 424 S.E.2d 491;
(b)   City of Easley v. Steven Dale Portman, Court of Appeals, July 21, 1997, 327 S.C. 593, 490 S.E.2d 613;
(c)   City of Easley v. Paul Duane Deane, Court of Appeals, November 30, 1998, 333 S.C. 229, 508 S.E.2d 594."
(9)   Judicial Temperament:
The Commission believes that Mr. Welmaker's temperament would be excellent.
(10)   Miscellaneous:
The Upstate Citizens Committee reported that Mr. Welmaker met the evaluative criteria established by the Judicial Merit Selection Commission and was qualified for election to the Circuit Court bench.
Mr. Welmaker is married to Barbara Jean Edmonds Welmaker. He has two children.
Mr. Welmaker reported that he was a member of the following bar associations and professional associations:
"(a)   South Carolina Bar;
(b)   South Carolina Trial Lawyers Association;
(c)   American Bar Association."
Mr. Welmaker provided that he was a member of the following civic, charitable, educational, social, or fraternal organizations:
"The only organization, other than my church, of which I have been a member during the past five years is the Pickens County Free Medical Clinic."
Mr. Welmaker additionally reported that "over the years I have participated and led a number of civic organizations. In 1980, I was an organizer and initial member of the Board of Directors for Pickens County Meals on Wheels. I served on the Pickens County Alcohol and Drug Abuse Commission for over ten years. I was a member of the Easley Lions Club and served as president. I've been a trustee for the Connie Maxwell Children's Home as well as for Anderson College.
As an attorney, I was an active member of the South Carolina Bar Professional Responsibility Committee during the time period that a draft of the Revised Rules of Professional Conduct were discussed and presented. I was elected to the House of Delegates for the Thirteenth Judicial Circuit, serving from 1986-1995. I served on the Grievance Commission from 1992 until 1996.
I believe that these activities in the civic, religious, and professional areas prepared me well to serve in the capacity as a Circuit Court judge."
The Commission was impressed with Mr. Welmaker's broad experience as a civil and criminal practitioner. They noted that he is a "steady" attorney, a "people" person, and has worked very hard in his profession. The Commission found Mr. Welmaker to be qualified and nominated him for election to the Circuit Court.

Commission's Findings:   QUALIFIED AND NOMINATED

Pursuant to S.C. Code Ann. Section 2-19-40, the Commission waived the public hearing for Judge Williams since his candidacy for re-election was uncontested and no complaints were received.
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge H. Bruce Williams meets the qualifications prescribed by law for judicial service as a Family Court judge.
Judge Williams was born on March 13, 1956. He is 47 years old and a resident of Columbia, South Carolina. Judge Williams provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1982.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge Williams.
Judge Williams demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.
Judge Williams reported that he has not made any campaign expenditures.
Judge Williams testified he has not:
(a)   sought or received the pledge of any legislator prior to screening;
(b)   sought or been offered a conditional pledge of support by a legislator;
(c)   asked third persons to contact members of the General Assembly prior to screening.
Judge Williams testified that he is aware of the Commission's 48-hour rule regarding the formal and informal release of the screening report.
(3)   Professional and Academic Ability:
The Commission found Judge Williams to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.
Judge Williams described his continuing legal or judicial education during the past five years as follows:
"(a)   Current Issues in Family Law; sponsored by National Judicial College; 24 hours, February 2002;
(b)   Organized and participated in School for New Family Court Judges; July 2002;
(c)   I have attended several Drug Court Conventions and attended numerous education courses relating to Drug Courts;
(d)   I have attended numerous CLEs (listed below) and exceeded JCLE requirements.

01/09/98   Seminar of Circuit & Family Court Judges for Administrative Purposes;

03/05/98   Governor's Conference on Youth Crime;

05/21/98   Family Court Judges' Conference;

01/23/98   Family Law Midyear Meeting;

08/13/98   S.C. Trial Lawyers-1998 Annual Convention;

08/20/98   Judicial Conference;

11/06/98   1998 Family Court Bench/Bar;

05/19/99   Family Court Judges Conference;

06/28/99   Family & Circuit Court Judges Orientation School;

08/05/99   1999 Annual Convention;

08/19/99   Judicial Conference;

12/03/99   Bench/Bar Family Law Seminar;

01/21/00   Family Law Section;

08/16/00   Annual Judicial Conference;

05/03/00   Family Court Judges Conference;

08/03/00   Trial Lawyers Convention;

12/01/00   Family Law Bench/Bar;

01/26/01   Family Law Section;

05/03/01   Family Court Judges Conference;

07/31/01   Judicial Ethics Workshop;

08/23/01   Judicial Conference;

09/22/01   Wofford Alumni Attorneys;

12/07/01   Family Court Bench/Bar;

01/25/02   Family Law Section II-Taxes;

02/24/02   Current Issues in the Family Court;

04/19/02   Cool Tips;

05/01/02   Family Court Judges Conference;

07/08/02   2002 Orientation School for New Judges;

08/01/02   Trial Lawyers;

08/22/02   Judicial Conference;

12/06/02   Family Court JCLE."
Judge Williams reported that he has taught the following law-related courses:
"(a)   I have lectured at the required South Carolina Bar sponsored 'Bridge the Gap' Program for new lawyers for the last several years;
(b)   I have lectured to USC Law classes about abuse and neglect cases. I have spoken to USC Law classes about Juvenile Drug Court as a sentencing alternative;
(c)   I have lectured to the Richland Bar 'Lunch and Learn' Program about abuse and neglect matters in Family Court."
Judge Williams reported that he has not published any books or articles.
(4)   Character:
The Commission's investigation of Judge Williams did not reveal evidence of any founded grievances or criminal allegations made against him. The Commission's investigation of Judge Williams did not indicate any evidence of a troubled financial status. Judge Williams has handled his financial affairs responsibly.
The Commission also noted that Judge Williams was punctual and attentive in his dealings with the Commission, and the Commission's investigation did not reveal any problems with his diligence and industry.
(5)   Reputation:
Judge Williams reported that his last available Martindale-Hubbell rating was "BV."
(6)   Physical Health:
Judge Williams appears to be physically capable of performing the duties of the office he seeks.
(7)   Mental Stability:
Judge Williams appears to be mentally capable of performing the duties of the office he seeks.
(8)   Experience:
Judge Williams was admitted to the South Carolina Bar in 1982
Judge Williams provided the following account of his legal experience since graduation from law school:
"1982-1995   General practice of law with primary emphasis on family law and personal injury law.

Scott, Mathews and Williams, 1982-1991;

Trotter and Williams, 1991-1995;
1991-1995     Part-time Municipal Judge for Irmo, South Carolina;
1995-present   South Carolina Family Court Judge."
Judge Williams provided regarding prior judicial positions:
"(a)   Assistant Town Judge, Irmo, S.C., October 1991-June 6, 1995; appointed by Town Council; jurisdiction limited to Magistrate level, criminal and traffic offenses;
(b)   S.C. Family Court Judge, Richland County, Seat #1; June 1995-present; elected by Legislature; jurisdiction includes, but is not limited to, divorce, adoption, abuse and neglect and juvenile matters as set forth by statute. I have presided over the Richland County Juvenile Drug Court since inception in 1998;
(c)   S.C. Court of Appeals, Appointed as an Acting Judge in case of Murphy v. Owens-Corning Fiberglass Corp., et al.;
(d)   I have been appointed as a Circuit Judge to preside over Adult Drug Court."
Judge Williams provided the following concerning previous candidacies for judicial office:
"In 1994 I was a candidate for the Family Court. I was found qualified by the S.C. Bar and Joint Commission for Judicial Screening. I withdrew prior to the election. In 2003 I was a candidate for the Court of Appeals. I was found qualified and selected by the Judicial Merit Selection Committee as one of the three candidates to seek the seat on the Court of Appeals."
Judge Williams provided the following list of his most significant orders:
"(a)   Bates v. Bates, Opinion 97-UP-247; Court of Appeals affirmed post-divorce modification of alimony;
(b)   Ellis v. Commander, 96-DR-40-1708, case involved medical treatment for baby when parents objected to treatment;
(c)   Jones v. Jones, 96-DR-40-2069, divorce action with issues involving visitation and equitable distribution;
(d)   Cheung v. Beck, 95-DR-40-1958, custody case;
(e)   Hooper v. Rockwell, et al., 573 S.E.2d 358, 334 S.C. 281 (1999) case involved termination of parental rights and adoption."
(9)   Judicial Temperament:
The Commission believes that Judge Williams' temperament has been and would continue to be excellent.
(10)   Miscellaneous:
The Midlands Citizens Committee found Judge Williams to be a qualified and highly-regarded judge. The committee approved of his re-election to the Family Court bench.
Judge Williams is married to Sharon Childers Williams. He has two children.
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;
(c)   S.C. Conference of Family Court Judges, 1995-present; Secretary-Treasurer, 1997-1998; President Elect, 1998-1999; President, 1999-2000; Chairman of Advisory Committee, 2001-present;
(d)   S.C. Association of Drug Court Professionals; President, 2000-2001."
Judge Williams provided that he was a member of the following civic, charitable, educational, social, or fraternal organizations:
"(a)   Received 'Program Achievement Award' at 1998 Governor's Conference on Youth Crime for initiating and developing the Richland County Juvenile Drug Court;
(b)   Columbia Kiwanis Club. President, 1989-1990; Board of Directors, 1987-1991 and 1994-1995; Key Club Keywanettes. Advisor, 1983-1996;
(c)   Summit Club;
(d)   Country Clubs: Wildewood and Woodcreek Farms; Secretary of Golf Committee and member of Greens Committee;
(e)   Tarantella."
Judge Williams additionally reported:
"I assisted in the design and implementation of the Richland County Juvenile Drug Court Program, a comprehensive drug treatment court for offenders with serious drug problems.
I am gratified and appreciative of ratings I have received from members of the Bar in the anonymous surveys since serving on the bench. I will continue to make efforts to improve in hopes of better serving the people of South Carolina. I believe my 13 years of experience as a practicing lawyer along with eight years as a Family Court Judge gives me a broad range of experience."
The Commission found Judge Williams qualified and nominated him for re-election as a Family Court judge.

Commission's Findings:   QUALIFIED AND NOMINATED

Pursuant to S.C. Code Ann. Section 2-19-40, the Commission waived the public hearing for Judge Williams since his candidacy for re-election was uncontested and no complaints were received.
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge James C. Williams, Jr. meets the qualifications prescribed by law for judicial service as a Circuit Court judge.
Judge Williams was born on December 20, 1943. He is 60 years old and a resident of Norway, South Carolina. Judge Williams provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1979.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge Williams.
Judge Williams demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges, particularly in the areas of ex parte communications, acceptance of gifts and ordinary hospitality, and recusal.
Judge Williams reported that he has not made any campaign expenditures.
Judge Williams testified he has not:
(a)   sought or received the pledge of any legislator prior to screening;
(b)   sought or been offered a conditional pledge of support by a legislator;
(c)   asked third persons to contact members of the General Assembly prior to screening.
Judge Williams testified that he is aware of the Commission's 48-hour rule regarding the formal and informal release of the screening report.
(3)   Professional and Academic Ability:
The Commission found Judge Williams to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.
Judge Williams described his continuing legal or judicial education during the past five years as follows:
"06/29/98   Orientation School for New Circuit Court Judges;
08/13/98   SCTLA 1998 Annual Convention;
08/20/98   SCCA Annual Judicial Conference;
09/27/98   SCSA Annual S.C. Solicitor's Association Conference;
11/05/98   S.C. Defense Trial Attorney's Association Annual Meeting;
12/11/98   SCCA Seminar for Chief Administrative Judges;
01/22/99   S.C. Bar 14th Annual Criminal Law Update;
04/12/99   NJC General Jurisdiction Course;
05/12/99   S.C. Circuit Court Judge's Conference;
08/05/99   SCTLA 1999 Annual Convention;
08/19/99   SCCA Annual Judicial Conference;
01/20/00   S.C. BAR15th Annual Criminal Law Update;
05/10/00   S.C. Circuit Court Judge's Conference;
08/03/00   SCTLA 2000 Annual Convention;
08/16/00   SCCA Annual Judicial Conference;
09/11/00   NJC Advanced Evidence Course;
05/09/01   S.C. Circuit Court Judge's Conference;
08/02/01   SCTLA 2001 Annual Convention;
08/13/01   NJC Constitutional Criminal Procedure;
08/23/01   SCCA Annual Judicial Conference;
10/01/01   2001 Annual S.C. Solicitor's Association Conference;
11/08/01   S.C. Defense Trial Attorney's Association Annual Meeting;
01/25/02   S.C. Bar 17th Annual Criminal Law Update;
05/08/02   S.C. Circuit Court Judge's Conference;
08/22/02   SCCA Annual Judicial Conference;
09/29/02   Annual S.C. Solicitor's Association Conference;
01/31/03   S.C. Bar 18th Annual Criminal Law Update;
05/08/03   S.C. Circuit Court Judge's Conference;
08/08/03   SCTLA 2003 Annual Convention;
08/20/03   SCCA Annual Judicial Conference."
Judge Williams reported that he has taught the following law-related courses:
"(a)   During my attendance at the National Judicial College, Advanced Evidence course in September of 2000, I participated in answering some evidence questions and explaining the answers to a small group;
(b)   During my attendance at the National Judicial College, Constitutional Criminal Procedure course in August of 2001, I participated as a Discussion Leader;
(c)   During my attendance at the 2002 S.C. Solicitor's Conference, I spoke at the conclusion of two training sessions. They were entitled 'Pretrial Procedures' and 'State's Case-in-Chief.' My topic for both sessions was 'A View from the Judiciary;'
(d)   During my attendance at the S.C. Association of Circuit Judges Spring Conference in May of 2002, I was responsible for the Afternoon Overview which included 'Technical Considerations in Sentencing' and 'Hot Topics in Evidence' for which I obtained two speakers;
(e)   During October of 2001, I was asked to participate in a S.C. Bar program, 'Tips from the Bench II.' I participated as a speaker on 'Criminal Trials;'
(f)   During my attendance at the SCDTAA Annual Meeting in November of 2001, I participated in a Panel Discussion on S.C. Law on Contribution & Indemnity;
(g)   During my attendance at the 2001 S.C. Solicitor's Association Annual Conference I had a small part in the program entitled 'Recent Court Decisions;'
(h)   During my attendance at the SCDTAA Annual Meeting in September of 2000, I participated in a Panel of Judges discussion group;
(i)   During my attendance at the SCDTAA Annual Meeting in October of 1998, I participated in a question and answer session involving members of the judiciary and Allen Smith of Childs and Halligan following a State Employment Law update."
Judge Williams reported that he has not published any books or articles.
(4)   Character:
The Commission's investigation of Judge Williams did not reveal evidence of any founded grievances or criminal allegations made against him. The Commission's investigation of Judge Williams did not indicate any evidence of a troubled financial status. Judge Williams has handled his financial affairs responsibly.
The Commission also noted that Judge Williams was punctual and attentive in his dealings with the Commission, and the Commission's investigation did not reveal any problems with his diligence and industry.
(5)   Reputation:
Judge Williams reported that his last available Martindale-Hubbell rating was "BV."
Judge Williams reported his service in the military as follows:
"United States Army Reserve; Non-Active Honorable Discharge; Active Reserve, October 1965 -March 1976."
Judge Williams reported that he has held the following public offices:
"(a)   Served as Mayor of the Town of Norway for eight years and member of the Town Council for fourteen years, 1966-1980;
(b)   Member of the Orangeburg Soil and Water Conservation Commission. I was appointed to this position in 1996 to fill an unexpired term, my term expired in 1998."
(6)   Physical Health:
Judge Williams appears to be physically capable of performing the duties of the office he seeks.
(7)   Mental Stability:
Judge Williams appears to be mentally capable of performing the duties of the office he seeks.
(8)   Experience:
Judge Williams was admitted to the South Carolina Bar in 1979.
Judge Williams gave the following account of his legal experience since graduation from law school:
"November 8, 1979:   Admitted to the South Carolina Bar;
1979-1980:       Practiced law as an associate of J.C. Nicholson, Jr., with a general law practice. Areas of practice included domestic, real estate, tort litigation, defense work, insurance claims and other general practice;
1980-1981:       Practiced law as a partner in the law firm of Marshall, Nicholson and Williams. A general practice similar to that listed above;
1981-1982:       Practiced law as a partner in the law firm of Nicholson and Williams with a general practice similar to that above;
1982-1984:       Practiced law as a sole practitioner with a general practice similar to that above when Nicholson moved to Anderson, South Carolina;
1984-1992:       Practiced as a Senior Partner in the law firm of Williams and Houser with a general practice similar to that above;
1993-6-98:       Deputy Solicitor for First Judicial Circuit. Responsible for criminal prosecution in Orangeburg and Calhoun Counties. Supervised staff of six attorneys and eight non-attorneys;
July 1, 1998-present:   Resident Circuit Judge for First Judicial Circuit, Seat 1."
The following is Judge Williams's account of judicial offices he has held:
"I served as Mayor of the Town of Norway for eight years and during that time I presided over the Mayor's Court. Mayor's Court tries criminal matters within its jurisdiction and holds preliminary hearings in more serious matters. It could levy fines up to $200.00. The duties of Judge of Mayor's Court did not involve issuing written opinions.
I was elected as Circuit Court Judge in the First Judicial Circuit to Seat #1 in June of 1998. I hold Courts of Common Pleas and General Sessions with unlimited jurisdiction."
The following is Judge Williams's account of his five most significant orders or opinions:
"(a)   Tilley, et al. v. Pacesetter Corporation, Opinion No. 25697, filed 8/11/2003, Supreme Court. This is one of the three attorney preference class actions assigned to me. I issued final rulings on all matters and the case was appealed. The Supreme Court allowed the parties to by-pass the Court of Appeals because it had already ruled on earlier issues raised in this same case. The Supreme Court affirmed me on the crucial issues of the case while reversing me on several small issues. This is a very complex case and I consider the Supreme Court's opinion an affirmation of my handling of the case;
(b)   Lois King, et al. v. American General Finance, Inc., Order filed May 10, 2001, Orangeburg County Court of Common Pleas. This is another class action attorney preference civil action filed in Orangeburg County and assigned to me as complex litigation. After more than two years of extensive discovery, motions and cross-motions, numerous hearings and arguments, I granted the defendants' motion to decertify the class. My decision was based on the defendants due process rights to prove their defense. This is the only attorney preference class action to ever be decertified. All others have been settled or resulted in substantial verdicts for the plaintiffs;
(c)   Sea Pines Association for the Protection of Wildlife, Inc. v. S.C. Dept. of Natural Resources, 345 S.C. 594, 550 S.E.2d 287 (2001). Sea Pines Association and several other Appellants challenged the South Carolina Department of Natural Resources' issuance of permits to lethally eliminate a substantial number of white-tailed deer on Hilton Head Island. I found the Appellants lacked standing to challenge the issuance of the permits. I also determined that the South Carolina Department of Natural Resources complied with the laws of this State when it issued the permits. The S.C. Supreme Court affirmed on all issues;
(d)   Boone v. Sunbelt Newspapers, Inc., 347 S.C. 571, 556 S.E.2d 732 (2001). Former sheriff's deputy sued newspaper, alleging it published an article that contained false, misleading, and defamatory statements made about him by a local citizen. I granted summary judgment in favor of the newspaper, finding the article could not be understood as making false statements with a defamatory meaning about the deputy. The Court of Appeals affirmed my decision, holding a cause of action for defamation fails when there is an absence of a false statement and defamatory meaning;
(e)   Polson v. Craig, 351 S.C. 433, 570 S.E.2d 190 (2002). This is an action to construe a will and determine the ownership of shares of stock resulting from stock splits. I heard the matter on appeal from the Probate Court and reversed the decision of the Probate Court. My decision was affirmed by the Court of Appeals."
The following is Judge Williams' account of unsuccessful candidacies for elective, judicial or other public office:
"I was an unsuccessful candidate for the South Carolina House of Representatives District 95, in 1978; for the Orangeburg County Council, District 4, in 1986; for the Town Council in the Town of Norway in 1989; and for the Circuit Court in 1991 and 1998."
(9)   Judicial Temperament:
The Commission believes that Judge Williams' temperament has been and would continue to be excellent.
(10)   Miscellaneous:
The Lowcountry Citizens Committee reported that Judge Williams met the evaluative criteria established by the Judicial Merit Selection Commission and was qualified for re-election to the Circuit Court.
Judge Williams is not married. He does not have any children.
Judge Williams reported that he was a member of the following bar associations and professional associations:
"(a)   Orangeburg Bar;
(b)   South Carolina Bar."
Judge Williams provided that he was a member of the following civic, charitable, educational, social, or fraternal organizations:
"(a)   Member of Denmark First Baptist Church serving as a member and Chairman of the Board of Deacons on numerous occasions. Have served as Sunday School Teacher and in various other leadership positions;
(b)   Was elected President of the South Carolina Independent School Association in 1984 and served continuously until 1999;
(c)   Commissioner, Orangeburg Conservation District from 1989-1998."
The Commission found Judge Williams qualified and nominated him for re-election as a Circuit Court judge.

Commission's Findings:   QUALIFIED AND NOMINATED

Pursuant to S.C. Code Ann. Section 2-19-40, the Commission waived the public hearing for Judge Wylie since his candidacy for re-election was uncontested and no complaints were received.
(1)   Constitutional Qualifications:
Based on the Commission's investigation, Judge William J. Wylie, Jr. meets the qualifications prescribed by law for judicial service as a Family Court judge.
Judge Wylie was born on December 22, 1958. He is 45 years old and a resident of Summerville, South Carolina. Judge Wylie provided in his application that he has been a resident of South Carolina for at least the immediate past five years and has been a licensed attorney in South Carolina since 1985.
(2)   Ethical Fitness:
The Commission's investigation did not reveal any evidence of unethical conduct by Judge Wylie.
Judge Wylie 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 Wylie reported that he has not made any campaign expenditures.
Judge Wylie 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 Wylie 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 Wylie to be intelligent and knowledgeable. His performance on the Commission's practice and procedure questions met expectations.
Judge Wylie described his continuing legal or judicial education during the past five years as follows:
"Most of my J.C.L.E. credit has come from attendance at mandatory conferences, and I usually carry over the maximum allowed credits year to year.
01-24-03   Family Law Section;
05-02-03   Family Court Judges' Conference;
08-21-03   Judicial Conference;
01-25-02   The Family Law Section II-Taxes;
05-01-02   Family Court Judge's Conference;
08-22-02   Judicial Conference;
09-13-02   Probate Bench/Bar;
01-26-01   Family Law Section;
05-03-01   2001 Family Court Judges;
08-23-01   Judicial Conference;
11-02-01   Lexis-Nexis Training;
01-21-00   Family Law Section;
05-03-00   Family Court Judges Conference;
08-16-00   Annual Judicial Conference;
01-22-99   Family Law Section;
01-22-99   Trial and Appellate Advocacy System;
05-19-99   Family Court Judges Conference;
08-19-99   Judicial Conference;
02-24-98   1998 Legislative Conference;
05-21-98   Family Court Judges Conference;
06-29-98   Orientation School for New Family Court Judges;
08-20-98   Judicial Conference."
Judge Wylie reported that he has taught the following law-related courses:
"While a probate judge, I served as a panelist at two Probate Court Bench/Bar Conferences, lectured on probate procedure at a Court Administration seminar for new probate judges, spoke to various groups about probate proceedings, and taught family law and probate law to a high school government class.
Since becoming a Family Court judge, I spoke at a 'Tips from the Bench' seminar on juvenile cases, spoke at a Probate Bench/Bar CLE on jurisdictional conflicts between family court and probate court. I spoke at a Foster Parent Symposium on foster parent participation in abuse and neglect hearings."
Judge Wylie reported that he has not published any books or articles.
(4)   Character:
The Commission's investigation of Judge Wylie did not reveal evidence of any founded grievances or criminal allegations made against him. The Commission's investigation of Judge Wylie did not indicate any evidence of a troubled financial status. Judge Wylie has handled his financial affairs responsibly.
The Commission also noted that Judge Wylie was punctual and attentive in his dealings with the Commission, and the Commission's investigation did not reveal any problems with his diligence and industry.
(5)   Reputation:
Judge Wylie reported that his last available Martindale-Hubbell rating was "BV."
(6)   Physical Health:
Judge Wylie appears to be physically capable of performing the duties of the office he seeks.
(7)   Mental Stability:
Judge Wylie appears to be mentally capable of performing the duties of the office he seeks.
(8)   Experience:
Judge Wylie was admitted to the South Carolina Bar in 1985.
Judge Wylie provided the following account of his legal experience since graduation from law school:
"I was a partner in the Polito and Wylie law firm from November 1985 until January 1993 when I became a probate judge. In 1998, I was elected to the Family Court bench. As an attorney, my primary area of practice was family law in Dorchester, Berkeley and Charleston Counties. I did a significant amount of pro bono work, including representing children in abuse and neglect cases. Additionally, I handled some personal injury cases, and maintained a few small business clients for whom I performed a variety of legal services."
Judge Wylie provided the following list of prior judicial positions:
"(a)   Dorchester County Magistrate (Appointed by Governor):

June 1989-December 1992;

Jurisdiction limited to small civil claims, and criminal offenses that carried a small fine or imprisonment not to exceed 30 days;
(b)   Dorchester County Probate Judge (Publicly elected):

January 1993-June 1998;

Statutory court with limited jurisdiction (decedent's estates, guardianship & conservatorship of incapacitated persons, involuntary commitments, approval of minor's settlements under $10,000, concurrent jurisdiction for the approval of wrongful death settlements, litigation involving trusts and powers of attorney, marriage licenses);
(c)   Family Court, First Judicial Circuit (Elected by Legislature):

July 1998-present;

Statutory court with limited jurisdiction (divorce, separation, annulments, adoption, paternity, name change, abuse and neglect, juvenile delinquency, custody, child support, visitation)."
Judge Wylie provided the following concerning his significant orders:
"(a)   In the Matter of Archie Louis Owens, 92ES18-232;
(b)   In the Matter of Roger Earl Reid, 92ES18-69;
(c)   Mertz v. Mertz, 96-DR-18-1031;
(d)   Haupt v. Haupt, et al., 97-DR-18-1554;
(e)   Woolwine v.Woolwine, 2003-DR-18-975."
These above orders "illustrate my decision making ability as a judge. None were appealed. I drafted the two Probate Court orders. One of the Family Court orders was prepared by an attorney at my direction, and I wrote the Visitation Order. The third is a simple divorce decree I drafted and use when pro se litigants do not provide proposed orders."
(9)   Judicial Temperament:
The Commission believes that Judge Wylie's temperament has been and would continue to be excellent.
(10)   Miscellaneous:
The Lowcountry Citizens Committee reported that Judge Wylie met the established criteria of the Judicial Merit Selection Commission and was qualified for re-election to the Family Court.
Judge Wylie is married to Carol Sides Wylie. He has three children.
Judge Wylie reported that he was a member of the following bar associations and professional associations:
"South Carolina Family Court Judge's Association."
Judge Wylie provided that he was a member of the following civic, charitable, educational, social, or fraternal organizations:
"(a)   Summerville Elementary School PTA;
(b)   Rollings Middle School of the Arts PTA;
(c)   Summerville High School PTA."
Judge Wylie additionally reported, "I love this job!"
The Judicial Merit Selection Commission found Judge Wylie qualified and nominated him for re-election to the Family Court bench.

The following candidates were found qualified:
Jean Hoefer Toal     Chief Justice, Supreme Court
Ralph King Anderson, Jr.     Court of Appeals, Seat 9
James C. Williams, Jr.     Circuit Court for the First Judicial

Circuit, Seat 1
Diane Schafer Goodstein     Circuit Court for the First Judicial

Circuit, Seat 2
Doyet A. "Jack" Early, III     Circuit Court for the Second Judicial

Circuit, Seat 1
Clarke W. McCants, III     Circuit Court for the Second Judicial

Circuit, Seat 1
Thomas W. Cooper, Jr.     Circuit Court for the Third Judicial

Circuit, Seat 1
Paul M. Burch     Circuit Court for the Fourth Judicial

Circuit, Seat 1
Paul E. Short, Jr.     Circuit Court for the Sixth Judicial

Circuit, Seat 1
Wyatt T. Saunders, Jr.     Circuit Court for the Eighth Judicial

Circuit, Seat 1
Edward M. Sauvain     Circuit Court for the Thirteenth

Judicial Circuit, Seat 1
G. David Seay, Jr.     Circuit Court for the Thirteenth

Judicial Circuit, Seat 1
G. Edward Welmaker     Circuit Court for the Thirteenth

Judicial Circuit, Seat 1
Eric K. Englebardt     Circuit Court for the Thirteenth

Judicial Circuit, Seat 4
D. Garrison "Gary" Hill     Circuit Court for the Thirteenth

Judicial Circuit, Seat 4
David W. Holmes     Circuit Court for the Thirteenth

Judicial Circuit, Seat 4
Steven H. John     Circuit Court for the Fifteenth Judicial

Circuit, Seat 1
John C. Hayes, III     Circuit Court for the Sixteenth Judicial

Circuit, Seat 1
Lee S. Alford     Circuit Court for the Sixteenth Judicial

Circuit, Seat 2
William J. Wylie, Jr.     Family Court for the First Judicial

Circuit, Seat 2
Nancy Chapman McLin     Family Court for the First Judicial

Circuit, Seat 3
Peter R. Nuessle     Family   Court for the Second Judicial

Circuit, Seat 1
George M. McFaddin, Jr.     Family Court for the Third Judicial

Circuit, Seat 1
Roger E. Henderson     Family Court for the Fourth Judicial

Circuit, Seat 1
H. Bruce Williams     Family Court for the Fifth Judicial

Circuit, Seat 1
Donna S. Strom     Family Court for the Fifth Judicial

Circuit, Seat 4
Wesley L. Brown     Family Court for the Seventh Judicial

Circuit, Seat 3
John M. Rucker     Family Court for the Eighth Judicial

Circuit, Seat 2
F.P. Segars-Andrews     Family Court for the Ninth Judicial

Circuit, Seat 1
Judy Cone Bridges     Family Court for the Ninth Judicial

Circuit, Seat 3
Jack A. Landis     Family Court for the Ninth Judicial

Circuit, Seat 6
Timothy M. Cain     Family Court for the Tenth Judicial

Circuit, Seat 2
Kellum W. Allen     Family Court for the Eleventh Judicial

Circuit, Seat 1
Frederick A. "Rick" Hoefer II     Family Court for the Twelfth Judicial

Circuit, Seat 3
Jerry D. "Jay" Vinson, Jr.     Family Court for the Twelfth Judicial

Circuit, Seat 3
Aphrodite K. Konduros     Family Court for the Thirteenth

Judicial Circuit, Seat 3
Alvin D. Johnson     Family Court for the Thirteenth

Judicial Circuit, Seat 4
Timothy L. Brown     Family Court for the Thirteenth

Judicial Circuit, Seat 6
Jane Dowling Fender     Family Court for the Fourteenth

Judicial Circuit, Seat 2
Lisa A. Kinon     Family Court for the Fifteenth Judicial

Circuit, Seat 2
Robert E. Guess     Family Court for the Sixteenth Judicial

Circuit, Seat 1
Marvin F. Kittrell     Administrative Law Judge Division,

Chief Judge, Seat 1

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

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

The following Bills were read the third time and ordered sent to the House of Representatives:

S. 829 (Word version) -- Senator McGill: A BILL TO PROVIDE THAT THE POWER TO LEVY THE ANNUAL MILLAGE NECESSARY TO FUND THE OPERATING AND CAPITAL EXPENSES OF WILLIAMSBURG COUNTY TECHNICAL EDUCATION COLLEGE IS TRANSFERRED FROM THE WILLIAMSBURG COUNTY SCHOOL BOARD OF TRUSTEES TO THE WILLIAMSBURG COUNTY COUNCIL AND TO REPEAL SECTION 7 OF ACT 632 OF 1980.

By prior motion of Senator McGILL

S. 832 (Word version) -- Senators McGill and Leatherman: A BILL TO REVISE THE METHOD BY WHICH THE MEMBERS OF THE BOARD OF TRUSTEES OF FLORENCE SCHOOL DISTRICT NO. 3 ARE ELECTED AND TO REDESIGNATE THE LINES OF DISTRICTS FROM WHICH THEY ARE ELECTED.

By prior motion of Senator McGILL

On motion of Senator RANKIN, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Ruby Todd Langley Rankin, 77, of the Allsbrook Community in Loris, S.C. The beloved aunt of Senator Rankin, Mrs. Rankin passed away following an illness. She was the dear wife of Mr. Wilson Rankin, loving mother of two sons, a stepson, two daughters and one stepdaughter. She was a homemaker and long-standing member of Cane Branch Baptist Church.

At 11:20 A.M., on motion of Senator GIESE, the Senate adjourned to meet next Tuesday, January 20, 2004, at 12:00 Noon.

This web page was last updated on Wednesday, June 24, 2009 at 3:35 P.M.