1994 Permanent House Journal Printed Pages 2350-2359 - South Carolina Legislature Online

Journal of the House of Representatives
of the Second Session of the 110th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 11, 1994

Page Finder Index

Printed Page 2340, Feb. 23 | Printed Page 2360, Feb. 23

Printed Page 2350 . . . . . Wednesday, February 23, 1994

Rep. HODGES, on behalf of the Judicial Joint Screening Committee, withdrew Lowell W. Ross, Sr. as a candidate, and nominated the Honorable Alexander S. Macaulay.

On motion of Rep. T.C. ALEXANDER, and the Oconee Delegation, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the President announced that the Honorable Alexander S. Macaulay was duly elected for the term prescribed by law.

ELECTION OF A FAMILY COURT JUDGE,
SIXTH JUDICIAL CIRCUIT, SEAT 2

The President announced that nominations were in order for a Family Court Judge, Sixth Judicial Circuit, Seat 2.

The President recognized Rep. HODGES, Chairman of the Judicial Joint Screening Committee.

Rep. HODGES, on behalf of the Judicial Joint Screening Committee, stated that Walter B. Brown, Jr. had been screened and found qualified.

Rep. HODGES, on behalf of the Judicial Joint Screening Committee, nominated Walter B. Brown, Jr.

On motion of Rep. WILKES, and the Fairfield Delegation, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

Whereupon, the President announced that Walter B. Brown, Jr. was duly elected for the term prescribed by law.

ELECTION OF CHIEF ADMINISTRATIVE LAW JUDGE,
SEAT 1

The President announced that nominations were in order for a Chief Administrative Law Judge, Seat 1.

The President recognized Rep. HODGES, Chairman of the Judicial Joint Screening Committee.

Rep. HODGES, on behalf of the Judicial Joint Screening Committee, stated that the following candidates had been screened and found qualified: H. Clay Carruth, Jr., John J. Fantry, Jr., Samuel L. Finklea, III, Selma T. Jones, Marvin F. Kittrell, Nora B. Lewis, J. Harold Mayer, Jr., Sheila D. McMillan, Nicholas P. Sipe, N. Steven Steinert, and Ray N. Stevens.

Rep. HODGES, on behalf of the Judicial Joint Screening Committee, stated that James G. Longtin had been screened and found unqualified.

Rep. HODGES announced that J. Harold Mayer, Jr., Sheila D. McMillan, and Nicholas P. Sipe had withdrawn as candidates.

Printed Page 2351 . . . . . Wednesday, February 23, 1994

Senator Macaulay withdrew H. Clay Carruth, Jr. as a candidate.

Senator Leventis withdrew Samuel L. Finklea, III as a candidate.

Rep. FULMER nominated Mr. N. Steven Steinert as follows:

"Mr. Speaker, Ladies and Gentlemen... Those of you who know me know I am not an orator but I am a friend and that is why I come to this podium. It is my pleasure to place in nomination the name of Steve Steinert for the position of Chief Administrative Law Judge. Steve is an old friend of mine. We grew up together, went to grammar school together and were in high school together until he left Charleston at the age of 15 to become Mendel Rivers' page in the United States House of Representatives. Even then he distinguished himself and became Chief Page in the House and remained there for three years. When he graduated from Capital Page School, he was President of his senior class. I don't nominate Steve for this high office because we are old friends or because I've known him for a long time. I recommend him to you because he is the best qualified person for this job. The fact that I have known him as long as I have, gives me additional insight into his character and integrity. But, in addition to those qualities that any judge must have, it is his training and experience which make him an exceptional candidate. In addition to his law degree from the University of South Carolina, Steve has a bachelor's degree from the University of Virginia, a master's degree in International Studies from the University of South Carolina and a Ph.D in Political Science from Emory University. Steve knows government. He has studied it, written about it, and he has taught it. His writings include articles on state court reform and court management. But Steve is not an ivory tower intellectual. He not only knows government by studying and teaching it, he knows government from being inside of it. He has served at every level of government - city, county, state and federal. I would especially mention to you the four years that he spent as County Administrator in Charleston County, managing a budget of over forty million dollars and work force of over 1000 people. I mention this experience because Steve is a candidate who has managed and run a major organization. He knows how things work. He knows how to get the job done. His effectiveness as County Administrator, during a very turbulent period in Charleston's political history, is acknowledged by all. He is noted for his management skills and is the perfect candidate to be the Chief Judge, the person who is responsible for administering this, as yet, untested new court. Steve is right for this job for another very important reason. For the last 7 and one half years he has been in the private practice of law. He is from outside of the system. He is, if you would,

Printed Page 2352 . . . . . Wednesday, February 23, 1994

from outside of our own little Columbia Beltway. He understands the frustrations of people in dealing with government. He understands the difficulties of penetrating the bureaucracy. As you all know, I am a small businessman and he understands the impact that regulations can have on small business. In other words, he brings a balance of both public and private experiences to this new court. I know that he will steer it properly. There is one other set of attributes that those of us from Charleston know Steve for. He is a civic-minded and community oriented person. He has sacrificed for the good of our community. He has held many offices in the Charleston Trident Chamber of Commerce and two years ago was elected its President. On the personal side, he has been married to his childhood sweetheart, Harriett Rittenberg Steinert, for 27 years. They have two daughters, both of whom are in college. Harriett is the first female surgeon from the State of South Carolina to be a fellow member of the American College of Surgeons. She, too, is a distinguished member of our community and her grandfather, for many years, was chairman of the legislative delegation from Charleston County. Steve is very qualified. He has the temperament, the experience, the skills, the background, the managerial strength, and the sense of right and wrong which makes him the ideal candidate for this Court. A distinguished judge, Learned Hand, said that a Judge needs to possess only two things, a heart and an understanding of the hearts of others. I agree with Judge Hand and feel especially proud today to nominate my friend, Steve Steinert for Chief Judge. Thank you."

Rep. CARNELL nominated Selma T. Jones as follows:

"Mr. President, Mr. Speaker and members of the General Assembly... with great personal pleasure, I nominate Selma T. Jones to be Chief Administrative Law Judge. I have known Selma all of her life and am delighted to place her name in nomination. She is a graduate of Emory University in Atlanta, and she earned her law degree at the University of South Carolina. Selma has served this State as an Assistant Solicitor most of her professional life. She also practiced civil law with Kermit King, one of South Carolina's most respected lawyers. Her experience as a lawyer ranges from Magistrates Court to the Supreme Court; from DUI cases to death penalty cases. Her record as solicitor is truly outstanding. The General Assembly created the administrative law division to bring integrity and independence to administrative rule making and adjudication. The chief administrative law judge must be smart, disciplined and honest. Selma Jones is! The chief administrative law judge must be independent. Selma Jones is! The chief administrative law judge must be a skilled and

Printed Page 2353 . . . . . Wednesday, February 23, 1994

experienced lawyer. Selma Jones is! The chief administrative law judge must be a person we trust to create an outstanding administrative judicial system for South Carolina. Selma Jones is that person. So, Mr. President, it is with great pleasure that I nominate Selma T. Jones."

Rep. BOAN nominated Ray N. Stevens as follows:

"Mr. President, ladies and gentlemen of the Joint Assembly... I am here to nominate Mr. Ray Stevens for the job of Administrative Law Judge, Chief Judge Seat #1. Mr Stevens, if you observed him carry out his campaign, you would know that he doesn't have the political connections that some of the other candidates in the race have. But, let me tell you what I know about him and I have only known him about the last six months, but I have watched him as a state employee and as a dedicated employee of the State Tax Commission and his work in that role and I will tell you that he has served you well and served the citizens of South Carolina well. I believe that Ray Stevens, from the work that I have seen him do and the Retiree Lawsuit as an example, deserves the opportunity to serve in this important position. It is important in this new creation of this job that we have somebody with the experience, I believe Ray Stevens would bring to this position from his experience as the lawyer for the Tax Commission, the Department of Revenue and for that reason, I would urge you to consider Ray Stevens for Seat #1. Thank you."

Rep. HARWELL nominated Marvin F. Kittrell as follows:

"Mr. President, Mr. Speaker, members of the Joint Assembly... It is my pleasure today to place in nomination a man that I feel is most qualified for this position. I submit to you that this is the best qualified person of all of the candidates, not taking anything away from any of the others. As those who have preceded me have told you of their position and of their expertise and their occupations and their lives, business persons, insurance men, various different professions and applications. I am very proud to tell you that I am a farmer, lawyer and I don't make my living anymore farming and haven't for a number of years. My principle source of income is from the practice of law in a very small community, country surroundings, a country lawyer. In fact my name speaks of that, if you drop the 'S', that is appropriate. I accept that with a great deal of pride. When the Constitutional Laws Committee dealt with Restructuring, one of the things that concerned us greatly was that the inhouse lawyers in the various agencies of this State, that when you appeared before them, you had no misgivings, that in almost every instance, you are going to lose because you don't rule against employer. We felt that it was necessary to

Printed Page 2354 . . . . . Wednesday, February 23, 1994

create these administrative law judges in order to have a level playing field and a professional person with experience who is an attorney and was an attorney and could make certain that those persons that appear before them, and the advocates from different positions got a fair hearing. We have now implemented that law. I commend all of you, the leadership, particularly the Speaker of this House and others, who saw the inequity in that system. Now, we have got the opportunity for a level playing field. My experience has been people have come to me because they know that I am an attorney and would ask me the opinion as a lay person and I would advise them, but not only to get my opinion but get a second opinion and third opinion and they would come back to me and say that they got three different opinions. All are in conflict with each other. Everytime you get more than one lawyer's opinion, you have got another opinion and they don't concur. But, let me tell you on the person that I am going to nominate, the majority of the people in the Senate, and those of you in the House, will have the opportunity to watch it on that board. You watch the Senators who are attorneys, practicing lawyers and you know who they vote for and those of you in the House that are not yet committed, you look at that and I think it speaks to you. I will tell you that those that practice law within this Body in the House, you will find that an overwhelming majority of them will support this candidate. I place in standing nomination of Marvin `Buddy' Kittrell for Seat #1 of the Administrative Law Court and why, because this seat is the most important one you will elect. This new Court, a new day in this State, this Chief Judge will be responsible for its operation, but more importantly will carry the burden of getting this Court running for the citizens of this State and not the various agencies and their particular interests or cause. We have a responsibility to ensure that the leadership of this new Court not only is experienced and capable, but in the most qualified hands. Buddy Kittrell has judicial experience, different from the others in that already he has not only worked in the administrative aspect of it, but he has a Master's degree in Taxation and that is extremely important in dealing with this Revenue Department. He practiced law for 14 years, pride in becoming a Workman's Compensation Commissioner, and that experience, particularly that judicial experience gives him a unique ability to get this new Court up and running quickly and I submit to you that 24 that we replace with three are not going to be able to do it. The three more that we elect in a few weeks are not going to be able to do it. It is going to be an extreme task. Buddy was born in 1941, let me give you some personal information on him. My math tells me he is 52 years old. With that age, comes maturity. He was raised in the heart of the Pee Dee,

Printed Page 2355 . . . . . Wednesday, February 23, 1994

Hartsville. He graduated from high school, finished Furman University with honors, just as I did, he graduated cum laude and I graduated a laude. He served his country for two years in a combat situation in Vietnam in the most dangerous there is. What a warfare? Upon the completion of his military service, he continued his education receiving his law degree from the University of South Carolina, his Master's degree in Taxation from the University of Florida. He began his legal career with the firm of Dennis and Dennis in Moncks Corner. Then he served as a Trust Officer for South Carolina National Bank for four years overseeing administrations of estates. He then entered private practice in Newberry as a partner in the firm of Griffith and Kittrell where he practiced for 14 years concentrating mostly in the area of taxation of state planning while maintaining a general practice. He has done an excellent job here in cases of trial as well as assisting in running that agency. He has earned an outstanding reputation for having a knowledge of law and administrative procedure, being highly ethical, fair minded, excellent judicial temperament and demeanor and always being courteous to all lawyers and litigants who appear before him and most important, proven himself to be a devoted parent, having raised a daughter from the age of five years old by himself. Experiencing single parenting while practicing law full time in a small town. He is active in his church and active in numerous civic organizations. He has background as a businessman and an organizer for banks, worked in the toughest administrative system there is, and I know this because my wife is a teacher, having spent a year teaching school prior going to law school. Buddy Kittrell's judicial experience in an administrative agency, his tax background, his practical legal experience, his maturity, make him the best qualified candidate to lead this new Court. It is my privilege, ladies and gentlemen, to place in nomination for Seat #1, the Chief Judge position, Marvin `Buddy' Kittrell. Thank you."

Rep. HODGES, on behalf of the Joint Judicial Screening Committee, placed in nomination the names of John J. Fantry, Jr. and Nora B. Lewis.

On motion of Rep. HODGES, nominations were closed.

The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called:

Printed Page 2356 . . . . . Wednesday, February 23, 1994

The following named Senators voted for Mr. Fantry:

Short

TOTAL--1

The following named Senators voted for Ms. Jones:

Bryan             Cork             Courson
Drummond          Lander           Macaulay
McGill            O'Dell           Smith, J.V.

TOTAL--9

The following named Senators voted for Mr. Kittrell:

Courtney          Elliott          Glover
Gregory           Hayes            Land
Martin            Rankin           Reese
Russell           Thomas           Waldrep
Williams          Wilson

TOTAL--14

The following named Senators voted for Ms. Lewis:

Peeler

TOTAL--1

The following named Senators voted for Mr. Steinert:

Ford              Jackson          Leatherman
Leventis          Matthews         McConnell
Mescher           Patterson        Richter
Rose              Smith, G.        Washington

TOTAL--12

The following named Senators voted for Mr. Stevens:

Giese             Moore

TOTAL--2

Printed Page 2357 . . . . . Wednesday, February 23, 1994

The following named Senators abstained from voting:

Mitchell          Passailaigue     Ryberg
Setzler           Stilwell

TOTAL--5

On motion of Rep. CROMER, with unanimous consent, the Members of the House voted by electric roll call.

The following named Representatives voted for Fantry:

Total--0

The following named Representatives voted for Jones:

Bailey, G.       Brown, G.        Byrd
Carnell          Harris, P.       Kennedy
Klauber          McAbee           McKay
Moody-Lawrence   Neal             Rhoad
Robinson         Scott            Shissias
Stille           Stoddard         Tucker
Waldrop          Wilder, D.       Wilder, J.

Total--21

The following named Representatives voted for Kittrell:

Anderson         Askins           Baker
Baxley           Brown, J.        Cato
Clyborne         Cromer           Davenport
Delleney         Elliott          Felder
Govan            Graham           Hallman
Harrelson        Harvin           Harwell
Haskins          Hines            Huff
Hutson           Jennings         Keegan
Kelley           Kinon            Lanford
Law              Marchbanks       Martin
Mattos           McElveen         McMahand
McTeer           Meacham          Riser
Rudnick          Simrill          Smith, D.
Smith, R.        Snow             Stone
Thomas           Trotter          Vaughn

Printed Page 2358 . . . . . Wednesday, February 23, 1994

Walker           Wilkins          Witherspoon
Wofford

Total--49

The following named Representatives voted for Lewis:

Farr

Total--1

The following named Representatives voted for Steinert:

Alexander, T.C.  Bailey, J.       Barber
Breeland         Brown, H.        Cobb-Hunter
Cooper           Fulmer           Harrell
Houck            Inabinett        Keyserling
Kirsh            Richardson       Waites
Whipper          White            Young, A.
Young, R.

Total--19

The following named Representatives voted for Stevens:

Alexander, M.O.  Allison          Boan
Fair             Gamble           Harris, J.
Hodges           Jaskwhich        Littlejohn
McCraw           McLeod           Neilson
Phillips         Quinn            Sharpe
Spearman         Stuart           Wells
Williams         Worley           Wright

Total--21

RECAPITULATION Total number of Senators voting . . 39 Total number of Representatives voting 111 Grand Total . . . . . . . . . . . . 150 Necessary to a choice . . . . . . 76 Of which Mr. Fantry received . . . 1 Of which Ms. Jones received . . . 30 Of which Mr. Kittrell received . 63 Of which Ms. Lewis received . . . . . . 2

Printed Page 2359 . . . . . Wednesday, February 23, 1994

Of which Mr. Steinert received . 31 Of which Mr. Stevens received . . . . 23

Whereupon, the President announced that none of the candidates received the necessary votes and the Joint Assembly would proceed to the next ballot.

Rep. WILKES withdrew Mr. John J. Fantry, Jr. as a candidate.