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The Committee's report includes the Transcript of the Proceedings before the Screening Committee on March 29 and March 30, 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.

TRANSCRIPT OF HEARING OF MARCH 29, 1994
THE CHAIRMAN: Call the meeting to order. For the Committee Members, we're passing out the Bar results of the Bar Screening of the Supreme Court candidates. As a matter of information, we do not have the Family Court races, we don't have the Bar screening results for those, but I understand they've been promised sometime today; is that correct.
MS. MCNAMEE: This afternoon.
THE CHAIRMAN: This afternoon. We should receive those before we begin the screening process, so I'll pass those out to you. Please note on the report of the Judicial Qualifications Committee that they have made the changes that we discussed with the Bar members. Senator McConnell and I met with the representatives of the Bar and had what I thought was a very positive and fruitful discussion about the -- where we were in the screening process.

As a result of those discussions that we had, some changes have been in the process. One is the system of qualified, well qualified and

And if you'll look, they give more weight to discussing the various attributes or deficiencies of candidates in their general discussion of the candidates rather than trying to discern between whose well qualified and qualified or unqualified.

With that in mind, we're going to move to the first election that we have to screen and that is for Chief Justice for the South Carolina Supreme Court. We have one candidate, Ernest A. Finney, Jr. Justice Finney, if you'll come forward, please. Would you raise your right hand please, sir.
JUSTICE ERNEST A. FINNEY, JR., having been duly sworn, testified as follows:
THE CHAIRMAN: Thank you. Be seated, please.
JUSTICE FINNEY: Thank you, sir.
THE CHAIRMAN: Justice Finney, your last screening was February 27th, 1990 for the seat that you currently hold. Have you had a chance to review your Personal Data Questionnaire Summary?
JUSTICE FINNEY: I have.
THE CHAIRMAN: And is that correct?
JUSTICE FINNEY: As far as I know, it is absolutely accurate.
THE CHAIRMAN: You know of no changes that need to be made?
JUSTICE FINNEY: No, I know of none.
THE CHAIRMAN: Is there any objection to making the Summary a part of the transcript of record of this hearing?
JUSTICE FINNEY: I have no objection.
THE CHAIRMAN: It will be done at this time.

1. Ernest A. Finney, Jr.
Home Address: Business Address:
24 Runnymede Boulevard P. O. Drawer 1309
Sumter, SC 29150 Sumter, SC 29151-1309

2. He was born in Isle of Wright County, Virginia on March 23, 1931. He is presently 63 years old.

4. He was married to Frances Davenport on August 20, 1955. He has three children: Ernest A., III, age 37 (attorney at Law, Sumter,

5. Military Service: None

6. He attended Claflin College, Orangeburg, SC, 1948-1952, Bachelor of Arts Degree; S. C. State University School of Law, Orangeburg, SC, 1952-1954, Juris Doctor Degree; National Judicial College, Reno, Nevada, 1977 Summer Study, Certificate; and New York University, New York, NY, 1985 Summer Study, Certificate.

8. Legal/Judicial education during the past five years:
1988: 15 credit hours
1989: 25 credit hours
1990: 15 credit hours
1991: 15 credit hours
1992: 19 credit hours
1993: 44 credit hours
1994: 6.5 credit hours (to date)

Annually: S. C. Bar Annual and Mid-Year Meetings; S. C. Annual Judicial Conference; S. C. Trial Lawyers Association Convention; S. C. Defense Attorneys Convention
1992, 1993: The Roscoe Pound Foundation State Court Judges Forum
1993: The National Bar Association Annual Meeting

9. Taught or Lectured:
1993 National Bar Association Judicial Council 23rd Annual Congress- Lecture "Mandatory Sentencing Guidelines"
1990 S. C. Bar Meeting-Lecture "Criminal Practice in S. C. - Trial Evidence"
1989 Annual Judicial Conference-Lecture "Statutory Limitations in Sentencing"
1988 Public Defenders Annual Meeting; 1988 New Judges Seminar
1987 S. C. Bar Annual Meeting
1986 NBA Judicial Council Annual Meeting
1985 S. C. Trial Lawyers Association Convention

13. Rating in Martindale-Hubbell:He cannot recall.

20. Judicial Office:
1976-1985 South Carolina Circuit Court Judge; elected by General Assembly; Court of General Civil and Criminal Jurisdiction
1985-date Associate Justice, S. C. Supreme Court; elected by General Assembly; Court of Final State Appellate Jurisdiction

21. Five (5) Significant Orders or Opinions:
(a) Michael Stephen Moore v. Tammy E. Moore (Simmons), et al.
300 S.C. 75, 386 S.E.2d 456 (1989)
(b) Baron Data Systems, Inc. v. Phillip H. Loter, et al.
297 S.C. 382, 377 S.E.2d 296 (1989)
(c) Dale Robert Yates v. James Aiken, Warden, et al. (Dissenting Opinion)
290 S.C. 231, 349 S.E.2d 84 (1986)
484 U.S. 211, 108 S.Ct. 534 (1988)
301 S.C. 214, 391 S.E.2d 530 (1989)
(d) Marvin P. Caddell v. Lexington County School District No. 1, et al. (Dissenting Opinion)
296 S.C. 397, 373 S.E.2d 598 (1988)
(e) State of South Carolina, ex rel. T. Travis Medlock, Attorney General v. The South Carolina Coastal Council, et al., etc., (Consolidated cases)
289 S.C. 445, 346 S.E.2d 716 (1986)

22. Public Office:
Member, South Carolina House of Representatives, 1972-1976, elected
Member, South Carolina State Election Commission, 1968-1972, appointed

24. Unsuccessful Candidate:
South Carolina Supreme Court; Associate Justice; February 20, 1980 and May 9, 1984
Sumter County Council; Democratic Primary; June, 1970
South Carolina House of Representatives, Democratic Primary, 1968
United States House of Representatives, Write-in Candidate, 1966

25. Occupation, business or profession other than the practice of law:
September, 1960 - June, 1965: Part-time Instructor, Morris College, Sumter, South Carolina
September, 1954 - June, 1960: Public School Teacher, Conway, South Carolina
During Law School: Life Insurance Salesman, Soda Shop Manager, Construction Laborer
During College and High School: Shoe Salesman and Farm Laborer

26. Officer or Director: Chairman, Board of Directors, Buena Vista Development Corporation (Developer of the subdivision in which his residence is located), 1968 to date

28. Financial Arrangements or Business Relationships (Conflict of Interest):
He knows of none. However, should such a conflict of interest arise, he would recuse himself from any case in which there may be a conflict of interest.

32. Sued:
Personally:
McLeod v. Finney - Mail carrier slipped on front porch of his home and brought an action for personal injury. The suit was settled by his insurance carrier.
Earl Allen Parker, et al. v. Edna Witherspoon Myers, et al. - Action seeking to recover real estate. He was made a party defendant by virtue of holding a mortgage on the premises. The suit was dismissed as to him.

37. Violations of S. C. Code Section 8-13-700:He has no knowledge of any formal charges or informal allegations of violations of S. C. Code Section 8-13-700.

38. Use of Government Personnel, Equipment, Materials or an Office Building in an Election Campaign: He has no knowledge of formal charges or informal allegations of violations of S. C. Code Section 8-13-765

44. Bar Associations and Professional Organizations:
South Carolina Bar; Sumter Bar Association; American Bar Association; National Bar Association

45. Civic, charitable, educational, social and fraternal organizations:
Organizational Affiliations: Goodfellows Club; National Association for the Advancement of Colored People; Alpha Phi Alpha Fraternity, Inc.; Alpha Iota Boule; Emmanuel United Methodist Church, Trustee Board, Restoration Committee; United Methodist Church General Council on Finance and Administration, Legal Responsibilities Committee; Claflin College Board of Trustees, Chairman; University of South Carolina Law School Minority Advisory Committee; Phi Alpha Delta Law Fraternity, International (Honorary Member, Charles Pinckney Chapter); South Carolina Hugo Relief Fund Board of Directors; South Carolina Bar "Memory Holds the Door" Committee; South Carolina Sentencing Guidelines Commission; South Carolina Uniform Jury Charge Project, Chairman
Honors, Awards, Recognition:

2. Positions on the Bench:
South Carolina Supreme Court - 1985 to date - Associate Justice
South Carolina Circuit Court - 1976 to 1985 - Resident Judge, Third Judicial Circuit

10. Extra-Judicial Community Involvement:
His extra-judicial community involvement is limited to membership in religious, civic, social and fraternal organizations. He has not used his judicial office to further these interests. He is Chairman of the Claflin College Board of Trustees and Chairman of the Board of Directors of Buena Vista Development Corporation, developer of the subdivision in which his home is located. He has made a conscious effort to avoid using his judicial office to further the interests of these two entities.

The Board of Commissioners on Grievances and Discipline reports that no formal complaints or charges of any kind have ever been filed against

We've checked the records of applicable law enforcement agencies, that being the Sumter County Sheriff's Department, Sumter City Police Department, SLED and FBI records, they are all negative. The Judgement Rolls of Sumter County are negative. The Federal Court records show no judgements or criminal actions against you.

There were 11 civil actions in which you were a defendant, five of these actions were civil rights actions brought against you and others. All have been dismissed, I'm sure you're happy to hear.
JUSTICE FINNEY: Delighted.
THE CHAIRMAN: Five of these actions were suits against the Election Commission. They included you as a defendant. One was an FHA mortgage foreclosure which was dismissed in 1975. Does that sound correct to your memory?
JUSTICE FINNEY: That sounds accurate.
THE CHAIRMAN: All right. We have had had one complaint or statement, I believe complaint that we have received and we have one witness who is present to testify in this matter.

At this time, I'm going to turn you over to Mr. Elliott for some questions.
MR. ELLIOTT: Thank you, Mr. Chairman.
JUSTICE FINNEY - EXAMINATION BY MR. ELLIOTT:
Q. Good morning, Justice Finney.
A. Good morning, Mr. Elliott.
Q. I tend to speak softly sometimes, so if you can't hear me, if you'd let me know or if you need any documents, we'd be glad to provide them for you.
A. Thank you.
Q. To begin with, just briefly tell us a little bit about your accomplishments on the Supreme Court and the type of leadership you hope to bring to the Court and to the Chief Justice position?
A. One of the accomplishments on the Supreme Court has been that I feel that the Supreme Court of South Carolina has delivered justice in a fair and impartial manner, sometimes under difficult circumstances. The service has been a tremendous benefit to me individually. And it has been a rewarding experience in my professional life.

With regard to what I would -- I gather the last part of your question was what do I envision doing if I'm lucky enough to become Chief Justice, that depends on a number of things. It depends, number one, on the support that we are able to generate from the legislative branch of

Now, if you have a specific area of inquiry, I'll attempt to answer it rather than in the broad brush.
Q. Well, let's just talk about your leadership for a minute.
A. All right.
Q. As the leader of the judicial branch of government, do you have any particular --
A. I feel that my experiences as a citizen of the State of South Carolina and my experiences on the Court would enable me to build a consensus and majority and even in those areas where we were not able to build a consensus or unanimity, at least to disagree in a reasonable and agreeable fashion. I don't think that agreement is necessarily mandated. I think that to do justice and to love mercy and to accomplish the goals which we are mandated by the Constitution to accomplish would be.

I keep an open mind. I would have open mind and open avenues with the legislature, with my colleagues on the bench and with any citizen that wanted to have input and involvement if I were successful in becoming Chief Justice.

Of course, I would fully recognize that the buck would stop with me, as I interpret Article 5, it mandates that the Chief Justice and/or the Supreme Court shall direct the policy guidelines of the judicial system. But I would hope to be able to build a foundation upon which we could improve and expand the appreciation of the services of judges and the judicial system.

One of the things that I see as being needed is a greater public awareness and appreciation of the integral and important part that the judicial system serves in our form of government. And all too often, it is either not appreciated or it is put in a secondary level and I think that we need to improve our own image and improve our public perception.
Q. One of the things you touched on just then was consensus building. As the Chief Justice, do you consider that to be your responsibility or to some extent to try to achieve unanimity on the Court? What kind of standards do you see? And this is something that I intend to ask everybody, what is -- what sort of standard do you apply in determining whether you want to file a dissent or not, or even a concurring opinion?
A. Well, I expect that as Chief Justice, it would be preferable to receive unanimity because that might give the opinion a greater acceptance in the public arena. By the same token, I do not believe that unanimity or a

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