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Darlington County was no longer -- even though I'm going to repeat one more time, there would have been no breach on my part to have done it, but I just didn't do it. But when it came up for rehearing, Darlington County was no longer a party as Mr. Nettles -- Mr. Elliott's questions sort of suggested.

They did not object to the ruling of Judge Lewis and so forth, but they were no longer a party, so the only concern narrowed itself down to was there anything amiss in my participating in Mr. Paul's motion for a rehearing with Darlington County no longer even a party?

Judge Lewis had held that the road is a public road and the County didn't take objection to that. Mr. Milling and I have consulted with Professor John Freeman of the faculty of the law school here and I've asked him to -- only yesterday, I simply gave him Mr. Paul's file and complaint and I said, "You look at it. You are the recognized -- one of the recognized authorities in this area of what is ethical behavior and when should judges recuse and when they should not and how much time must elapse."

Even prior to calling on the Professor Freeman, I had looked myself and immediately found that no state requires that a person in the position I'm in here should recuse for maximum of seven years, and that was only one. Most of them are one to three years, but I did because I wanted the Committee and wanted Mr. Paul not to be saying -- to not feel that I'm the authority on this.

I went to an outside authority who has been recognized for this, Professor John Freeman. He took the file. He called -- I said when you come to a conclusion, please call me back. He called me back and he told me his conclusion. I asked him if he could write that up that. I wanted this Committee to have it.

He said that he would and I called Ms. Satterwhite and she said, "Please, fax that over." I said, "How about Professor Freeman bringing you the original with his signature because he told me he would do that." I called him back and he said he would do that. I asked Ms. Satterwhite this morning if she had gotten it and she said she had and that it had been furnished to the Committee.

I'm very interested in the Committee having John Freeman's -- Mr. John Freeman's opinion in this matter. I'm sorry that Mr. Paul feels aggrieved, but I simply think he's way off base in his complaint.
THE CHAIRMAN: Mr. Elliott, any questions?
JUSTICE CHANDLER: Anything, Mr. Elliott? I'll be happy to --

He's a man of the highest integrity in my opinion and with the associations that I have had with him and I feel that in any kind of activity that he's been in, he's helped bring industry in many, many over there in that area and he has tried to create jobs over there in our community and would help anywhere in the state during those times, fifties and sixties and seventies, that he could.

And I just want to highly recommend the Justice for this position of Chief Justice. Thank you very much.
THE CHAIRMAN: Thank you, Mr. Claussen. Thank you very much. Next is the Tenth Judicial Circuit, Oconee and Anderson Counties, two candidates, Alexander S. Macaulay and Lowell W. Ross, Sr. The first

1. Alexander Stephens Macaulay
Home Address: Business Address:
P. O. Box 343 P. O. Drawer 428
1420 West Main Street 10 Short Street
West Union, SC 29696 Walhalla, SC 29691

2. He was born in Charleston County, South Carolina on January 31, 1942. He is presently 51 years old.

4. He was married to Maria Locke Boineau on April 11, 1969. He has two children: Maria Locke, age 23 (Middle School Teacher of the hearing impaired), and Alexander Stephens, age 21 (Senior, The Citadel).

5. Military Service: 1964-1975; United States Army; Medical Service Corps; Captain (Reserves); 05-323644; Honorable Discharge 4 February 1975

8. Legal/Judicial education during the past five years:
He has attended seminars approved or sponsored by the South Carolina Bar Continuing Legal Education Division.

12. Legal experience since graduation from law school:

1970-1972: Assistant Attorney General of South Carolina, civil and criminal, trial and appellate, and counsel for various State agencies (Department of Social Services, Alcoholic Beverage Control Commission, State Highway Department)

1973-present: Private practice, civil and criminal, trial and appellate, plaintiff and defense, including torts, eminent domain, contracts, property, domestic and estate

13. Rating in Martindale-Hubbell:AV

14. Frequency of appearances in court:
Federal - occasional
State - often
Other - seldom, if at all

15. Percentage of litigation:
Civil - 85%
Criminal - 5%
Domestic - 10%

16. Percentage of cases in trial courts:
Jury - 75%
Non-jury - 25%

In most cases, he has been sole or chief counsel; occasionally he has been associate counsel.

18. Five (5) civil appeals:
(a) Winter v. Pratt, 258 S.C. 397, 189 S.E.2d 7 (1972), appeal dismissed, 93 S.Ct. 430, 409 U.S. 1003, 34 L.Ed.2d 294 (1972), annotation, 89 A.L.R.3d 543 (1979).
(b) Fowler v. Lewis, 260 S.C. 54, 194 S.E.2d 191 (1973).
(c) Crescent Land & Timber Corp. v. Williams, 262 S.C. 671, 207 S.E.2d 98 (1974).
(d) Southern Bank & Trust Co. v. Brown, 271 S.C. 260, 246 S.E.2d 598 (1978).
(e) Bailey v. Rutledge, 291 S.C. 512, 354 S.E.2d 408 (Ct.App. 1987).

22. Public Office:
Appointed to the State Board of Education from the Tenth Judicial Circuit, representing Anderson and Oconee Counties, 1979-1980

24. Unsuccessful Candidate: Unsuccessful in the June, 1970 Democratic Primary for nomination to be a candidate for the South Carolina House of Representatives from Richland County.

25. Occupation, business or profession other than the practice of law:
Commissioned Officer, United States Army, active duty 1965-1967.
Vietnam: 1966-Intelligence Officer/Advisor, USARV/MACV; 1967-Medic, 2d Bn, 5th Cav, 1st Air Cavalry Division

26. Officer or Director: Sole practitioner, Miley and Macaulay, P.A., Walhalla, South Carolina, since 1988

32. Sued: When a member of the State Board of Education, he was a Defendant in John Plumley, et al. v. School District of Greenville County, South Carolina, et al., U.S.D.C.S.C., CA No. 80-1407-3, which was dismissed as to all Defendants.

37. Lodging, Transportation, Entertainment, Food, Meals, Beverages, Money or Any Other Thing of Value From a Lobbyist or Lobbyist Principal
He attended The Citadel-Furman football game, October 16, 1993, and he paid for his ticket and meal.
October 30, 1993 - attended SC School Board's Association Convention; Myrtle Beach, South Carolina; to receive Outstanding Senator of the Year Award
November 4, 1993 - met with President Max Lennon and Staff at Clemson University and Members of Oconee, Pickens and Anderson Delegations; supper at President's Home
November 30, 1993 - breakfast with Pickens State Employees at Clemson
December 6, 1993 - breakfast with Oconee State Employees at Walhalla
December 30, 1993 - meeting with representatives of State Hospital Association, paid for own breakfast

46. Civic, charitable, educational, social and fraternal organizations:
Walhalla Presbyterian Church (Deacon and Elder); Walhalla Rotary Club; Tri- State Trout Club; South Carolina Society of the Cincinnati; St. Andrew's Societies of Columbia and Upper South Carolina; Tarantella of Columbia; Oconee Assembly; and Columbia Cotillion

47. He has been actively engaged in the practice of law since 1970, representing individuals and the State, plaintiffs and defendants, in civil and criminal matters in trials and on appeals, with cases tried, or ultimate disposition being made on appeal, in all levels of Courts of this State and the United States. More importantly, his life has been one of representation of people and public service requiring an appreciation for, and the maintenance of, a mutual respect between individuals, the public and their institutions, regardless of the matters involved.

48. Five (5) letters of recommendation:
(a) E. Lamar Bailes, Vice President
First Union National Bank of South Carolina
P. O. Box 68, Walhalla, SC 29691
638-9652
(b) Cary C. Doyle, Esquire
Doyle & O'Rourke
P. O. Box 2125, Anderson, SC 29622
224-7111
(c) Howard G. Pettit, Jr., Esquire
P. O. Box 190, Walhalla, SC 29691
638-3644
(d) Dr. Roy Taylor, Pastor
Walhalla Presbyterian Church
P. O. Box 451, Walhalla, SC 29691
638-3627
(e) Tim O. Hall, Jr., President & Chairman
Blue Ridge Bank of Walhalla
P. O. Box 430, Walhalla, SC 29691
638-5444

I'll turn you over at this time to Mr. Elliott for questioning.
SENATOR MACAULAY: Mr. Chairman, one thing I noticed on the report about judgements and I reported it in my personal questionnaire, I was a defendant in a case one time in federal court as a member of the State Board of Education, but that's been so long ago. I guess, what is it? And obviously, it's not individually, but as a named member of the Board, so I don't -- I did want to make that clear. It is reported in my questionnaire.
THE CHAIRMAN: Okay.
MR. ELLIOTT: Yes, sir, it is.
SENATOR MACAULAY: Even though the report came back --
THE CHAIRMAN: Senator Macaulay, what we have done we decided to do for the new candidates for positions is to allow them if they cared to, to make a short opening statement prior to questioning by the counsel. If you care to do that at this time, you may, or if you want us to proceed in the questioning, we can do that.
SENATOR MACAULAY: I understand you have a full schedule, so if you'd like to go ahead and proceed, I'll be more than happy to.
THE COURT: Thank you very much.
SENATOR MACAULAY - EXAMINATION BY MR. ELLIOTT:
Q. Thank you, Senator. Why are you interested in leaving the Senate first of all?
A. I was looking at the House action yesterday and the District seems to have passed out a bill that says if you serve more than 12 years, you're an anachronism and I've been here 14, so I guess maybe I'm just answering the call of the public.

In all seriousness, obviously, it's a vacancy in Oconee County in the resident judgeship and I feel that I might be able to offer something in that position, so it's one of those things that you have to do when it comes along.
Q. You've been in the Senate, what, 13, 14 years, something of that nature?
A. This is starting the 14th year, I believe.

If you go in to represent a constituency, you're going to have to be willing to listen to both sides and I think that's -- if anything else, it's a preparation for that to be able to listen or not. If you don't, you won't be in public life long. I think that's something that's fairly certain.

I think if nothing else it's -- to enter public service, the first thing you have to do is ask for consideration of somebody else and I think that's one of the most important things that somebody who sits in a position of judgment has to have is that ability to realize that the people who appear before you probably are not there because they want to be. More than likely, they're there because they're required to be and that not only goes to the parties, but also to the witnesses, jurors, everyone involved in the political or the judicial process.

And so the political exercise where you have to ask others for consideration, I think, brings to the bench the fact that you will be considerate of others as you have had to ask them to be considerate of you.
Q. But do your opinions or public sentiment have any part in the decision making you would engage in as a judge?
A. Sir Thomas More once said that he would give the devil the benefit of the law for his own safety's sake. Admittedly, there are certain things that you're aware of. They're a part of your own background and experiences and things like that, but I think that as a judge, your primary responsibility is to apply the law as it is found.

I think that this is perhaps one of the geniuses of our system. It provides the three branches of government where one is the law making body, one is the executive body that administers the law and the other is the one that is left to interpret the law. No, I feel that when it comes to the judicial process that what you hope to do is bring your experiences and to apply to the law as it's presented to you.
Q. On your Personal Data Questionnaire, you reported that five percent of your practice was involved in criminal matters over the last five years. Would you address that for us, please? As a circuit judge, a large part of

As a young assistant, I tried a lot of other cases that might not have been so significant, but then as I say, perhaps the most significant, a capital case. By the way, the sentences were commuted and I think a Mr. Whisenot (phonetic) in the room here, The Greenville News did an article recently on people who had been sentenced to death who were later paroled and two of those who were paroled were out of those five that had been sentenced to death some 20 years before.

When I say that I participated less and less in criminal matters, I've tried some I guess you might say -- the most interesting criminal matters in the Tenth Circuit representing police officers that have been tried for bribery. The last case I tried, and I will be very candid with you, I didn't want to try it. It was a murder case involved a defendant from out of state in West Virginia that had killed one of our local people, and the lawyers probably understand this, I set a fee that I thought would be prohibitive and they accepted it and so that took care of my Thanksgiving and I prepared the case all Thanksgiving and I guess it was all right. The gentleman was acquitted and went back to West Virginia. But the thing is I haven't pursued criminal matters.

In fact, I'll be very candid with you, since being in the General Assembly and I think all of us that have served, including Mr. Ross, public service is a demanding thing. And so I have limited myself to domestic as well as criminal because I find both of those are the type practices that require particular attention and you're available and not so much when you're in the General Assembly, but I would put my experience in trying criminal matters over the 23 years as I say from white color crimes, bribery, extortion to physical violence against almost anybody in the Tenth Circuit.
Q. The particular case you mentioned with the West Virginia gentleman, how recently was that?
A. I guess three or four years ago.

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