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Those who voted in the negative are:

Alexander, M.O.  Allison          Baker
Cato             Cooper           Corning
Cromer           Davenport        Delleney
Fair             Fulmer           Gonzales
Graham           Hallman          Harrell
Harrison         Harwell          Haskins
Holt             Huff             Hutson
Jaskwhich        Keegan           Kelley
Kinon            Klauber          Koon
Lanford          Littlejohn       Marchbanks
Meacham          Quinn            Riser
Robinson         Simrill          Smith, D.
Smith, R.        Stone            Stuart
Sturkie          Trotter          Vaughn
Walker           Wells            Witherspoon
Worley           Wright           Young, A.
Young, R.

Further proceedings were interrupted by adjournment, the pending question being consideration of Amendment No. 7, Rep. RUDNICK having the floor.

Indicates Matter Stricken Indicates New Matter

The House assembled at 10:00 A.M.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

Eternal Father, we stand before You with heads bowed in reverence to show that You are our sovereign God upon Whom we depend. As we move into the schedule of this day with You by our side, we do not pray for easy lives, but that we may be stronger persons. We do not pray for tasks equal to our ability, but for ability equal to our tasks. We do not pray for simple solution to complex problems, but rather that You would show us the next step. So help us to work with such a measure of courage and wisdom that at the day's end it may be said: "Well done, good and faithful servant."

All day long enable us to say in confidence: "God is our Refuge and Strength." (Psalm 46:1a) Amen.

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

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

TO: The Clerk of the Senate The Clerk of the House FROM: James H. Hodges, Chairman

Judicial Screening Committee DATE: February 3, 1994

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

Respectfully submitted, /s/Rep. James H. Hodges, Chairman/s/Senator Glenn F. McConnell, Vice Chairman

The Screening Process

Pursuant to Act No. 119 of 1975 and Act. No. 181 of 1993, this Committee has considered the qualifications of candidates seeking election to the positions of Chief Justice of the South Carolina Supreme Court, Judge of the Tenth Judicial Circuit, Judge of the Family Court of the Sixth Judicial Circuit, Seat Number 2, and Administrative Law Judge, Seat Nos. 1, 2 and 3. In addition, the Committee was called upon to screen the Honorable Thomas B. Barrineau, Jr., for continued service as a retired judge.

The Judicial Screening Committee is charged by law to consider the qualifications of candidates for the Judiciary and Judge of the Administrative Law Judge Division. When notice is received that an individual intends to seek election or reelection to one of these positions, the Committee conducts a thorough investigation of the candidate. The Committee's investigation includes a review of the candidate's scholastic, employment, and financial history and, in particular, focuses on the candidate's adherence to a strong code of ethical behavior, be it to the Rules of Professional Conduct governing the attorneys practicing in South Carolina, the Code of Judicial Conduct regulating the activities of all judges in South Carolina, or the more generally accepted, but unwritten, rules of fairness and respect which should govern interaction between all of this state's citizens.

While Act 119 restricts this Committee to making findings of qualification or non-qualification, the Committee views its role to also include the obligation to consider candidates in the context of the position to which, if they are elected, they will serve and, to some degree, govern. To that end, this Committee has inquired as to the quality of justice delivered in the hearing and court rooms of South Carolina and has sought to impart, through its questioning, the view of the public it represents as to matters of judicial temperament, concern for an informed Bench and Administrative Law Judge, and the absoluteness of the Judicial Canons as to recusal for conflict of interest, prohibition on ex parte communication, and the disallowance of the acceptance of gifts. The Committee has also sought to impart its view that good temperament is an essential quality of

The Committee's report includes the Transcript of the Proceedings before the Screening Committee on January 12 and January 13, 1994. The Transcript does not include all exhibits offered by candidates or witnesses 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 Judicial Screening Committee (Room 211 of the Gressette Building), since these exhibits were reviewed and considered by the Committee in making its findings.

The inquiry which we undertake is a thorough one. It involves a complete personal and professional background check on every candidate. The candidate is investigated by the South Carolina Law Enforcement Division including court records. A Statement of Economic Interest is required. We receive a credit report. We receive reports from the Board of Commissioners on Grievances and Discipline with respect to attorneys and judges who are offering and from the Board of Commissioners on Judicial Standards with respect to sitting judges. The candidate's Personal Data Questionnaire details the personal history and professional experience and contains five letters of reference.

We are here today for the purpose of screening for the following vacancies: First, the Chief Justice of the Supreme Court; following that, the Circuit Court for the Tenth Circuit, and following that, the Family Court for the Sixth Circuit, Seat 2, and then after that, the Administrative Law Judge Division, Seats 1, 2 and 3.

As I stated first on our agenda today is Chief Justice of the South Carolina Supreme Court. The only applicant that we have is Judge Archie Lee Chandler and the position is Chief Justice of the South Carolina Supreme Court.

1. Archie Lee Chandler Home Address: Business Address: 103 Woodland Drive P. O. Box 9 Darlington, SC 29532 Darlington, SC 29532

2. He was born in Orangeburg, South Carolina on December 16, 1922. He is presently 71 years old.

4. He was married to Martha Nell Wilkins on December 30, 1945. He has one child: Mrs. Robert Wilson Rouse (Jane Wilkins Chandler), age 46, presently a housewife and teacher of French at College of Charleston.

5. Military Service: Entered active service in the United States Army on May 31, 1943, as a Private, Serial No. 14115954; promoted to Private First Class and Corporal; Honorably Discharged August 7, 1944, to accept commission as Second Lieutenant, Infantry, Serial

Entered service in the South Carolina National Guard in 1946 as First Lieutenant, Infantry; transferred to Coast Artillary and promoted to Captain and Battery Commander, 678 AAA AW; Honorably Separated in 1954.

6. He attended The Citadel, September 1939 - January 1940, (left due to lack of finances); George Washington University, January 1940 - June 1940, (left to return to The Citadel); The Citadel, September 1940 - May 1943, (left to enter active military service); George Washington University, January 1950 - August 1950, graduated, A.B., Political Science; the University of South Carolina Law School, September 1946 - November 1947, admitted to Bar.

8. Legal/Judicial education during the past five years: He has attended more than the minimum required hours of JCLE each year.

9. Courses taught or lectures presented: He has taught a class on Evidence at the Law School twice each year for the past four or five years and has taught Evidence at Bridge the Gap. He has also lectured at conferences of the South Carolina Trial Lawyers, South Carolina Defense Trial Lawyers, the South Carolina Bar, and at various CLE seminars. He has twice prepared and presided at the program of the annual Judicial Conference.

12. Legal experience since graduation from law school:

Since admission to the Bar, his experience as an attorney has been as an active trial lawyer in Civil and Criminal Courts, State and Federal. His practice included pleading, preparing and trying of cases. As a Circuit Judge, he presided over Civil and Criminal Courts and, additionally, performed assigned administrative duties.

As an Associate Justice of the Supreme Court, his responsibility is to prepare opinions assigned to him and, equally, to participate in the decisions reached in opinions assigned to other members of the Court. Additionally, the Supreme Court is responsible for motions and writs of supersedeas as petitioned for by members of the Bar.

20. Judicial Office:

He was elected to the South Carolina Circuit Court, with his term beginning in September, 1976, and at the end of his term in 1982, was reelected to the Bench, his term ending in 1988. As Circuit Judge, he had general jurisdiction as per the South Carolina Constitution and South Carolina statutes.

He was elected to the South Carolina Supreme Court on May 9, 1984, to fill the vacancy created by retirement of Chief Justice J. Woodrow Lewis. He was appointed for the remaining eight years of Associate Justice Littlejohn's term, upon his election as Chief Justice. He was reelected to a full ten-year term in 1992.

21. Five significant Orders or Opinions Written: (a) McCall v. Batson, 285 S.C. 243, 329 S.E.2d 741 (1985) (concurring opinion). (b) Hunter Bros. Systems, Inc. v. Brantly Const. Co., Inc., 286 S.C. 59, 332 S.E.2d 206 (1985). (c) Nichols v. S. C. Research Auth., 290 S.C. 415, 351 S.E.2d 155 (1986). (d) City of Abbeville, et al. v. Aiken Elec. Co-op, Inc., et al., 287 S.C. 361, 338 S.E.2d 831 (1985). (e) Bailey, et al. v. The State of S. C. and Aiken Co., et al., ___ S.C. ___, 424 S.E.2d 503 (1992).

22. Public Office:

Darlington County Attorney, appointed by Legislative Delegation, January 1, 1963 - February 15, 1973

South Carolina House of Representatives, elected, 1973-1976

Florence-Darlington TEC Commission, appointed by Legislative Delegation, April 1962 - January 1973

Darlington County Development Board, appointed by Legislative Delegation, 1964 - 1968

32. Sued: He was initially included as a Party-Defendant in an action for an accounting. Subsequently, he was dismissed as a Party-Defendant and the action proceeded against the other parties.

45. Bar Associations and Professional Organizations: Darlington County Bar Association; South Carolina Bar Association; American Bar Association

46. Civic, charitable, educational, social, and fraternal organizations: Darlington Chamber of Commerce; St. Matthews Episcopal Church; Darlington Men's Dance Club; Darlington Country Club; Palmetto Club, Columbia; American Legion; Veterans of Foreign Wars

48. Five letters of reference: (a) Charles A. Hardin, Vice President South Carolina National Bank P. O. Box 515, Darlington, SC 29532 393-4076 (b) Thomas E. McCutchen, Esquire McCutchen, Blanton, Rhodes & Johnson P. O. Drawer 11209, Columbia, SC 29211-1209 799-9791 (c) Morrell L. Thomas, Jr., Publisher The News and Press P. O. Drawer 513, Darlington, SC 29532 393-3811 (d) J. D. Todd, Jr., Esquire Leatherwood, Walker, Todd & Mann P. O. Box 87, Greenville, SC 29602-0087 242-6440 (e) John M. Wilson, M.D. Wilson Clinic and Hospital P. O. Box 510, Darlington, SC 29532 395-1100

2. Positions on the Bench: September 26, 1976 - May 30, 1984; South Carolina Circuit Court; Fourth Judicial Circuit May 31, 1984 - present; Associate Justice, South Carolina Supreme Court

The Board of Commissioners on Grievances and Discipline reports that no formal complaints or charges of any kind have ever been filed against you. Judicial Standards Commission has no record of reprimands against you.

The records of the applicable law enforcement agencies:The Darlington County Sheriff's Department reports are negative; the Darlington City Police Department reports are negative; SLED and FBI records are negative. The Judgment Rolls of Darlington County, they appear to be negative. There is some record of federal court cases that appeared to involve, I believe, your judicial function? JUSTICE CHANDLER: That's correct. THE CHAIRMAN: There are four civil cases in which you were named as a defendant. Three of those were alleged violations of Civil Rights against you, you and multiple defendants. I presume that was in your capacity as -- in your judicial capacity? JUSTICE CHANDLER: That's correct, and they were dismissed. THE CHAIRMAN: And one was dismissed in 1986, according to our records, one was filed in 1991 and is still pending and one was dismissed in 1990 with a judgment for you against the plaintiff -- JUSTICE CHANDLER: That's correct. THE CHAIRMAN: -- being entered in 1991. JUSTICE CHANDLER: That's correct. THE CHAIRMAN: The final action alleged a violation of due process under the 14th Amendment and it was dismissed in 1986. Okay. There -- we have received one complaint and one witness I understand is present to testify today, Ms. Satterwhite? MS. SATTERWHITE: (Nods in the affirmative). THE CHAIRMAN: Justice Chandler, I'm now going to turn the matter over to Mr. Elliott for questions. MR. ELLIOTT: Mr. Chairman, before we start, it's been customary for the Committee to take a motion to leave the record open as to all candidates. Would you want to do that at this time? SENATOR MOORE: So moved.

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