1994 Permanent House Journal Printed Pages 7310-7320 - 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 7300, May 25 | Printed Page 7320, May 25

Printed Page 7310 . . . . . Wednesday, May 25, 1994

Rep. HODGES stated that the following candidates had been screened and found qualified: H. Clay Carruth, Jr., John D. Geathers, W. Kenneth Moore and V. Lynn Wiggins.

Rep. HODGES stated that the following candidates had withdrawn their names from consideration: H. Clay Carruth, Jr. and W. Kenneth Moore.

Senator Wilson withdrew Ms. V. Lynn Wiggins as follows:

"Mr. President, Mr. Speaker, ladies and gentlemen of the General Assembly...I am here today to nominate V. Lynn Wiggins for Administrative Law Judge No. 4. You have all had the opportunity to meet and get to know Lynn during her campaigning this session. Most of you know Lynn as the candidate who since January, has been wherever two or more legislators have gathered. And she is the type of person who has worked hard for 43 years and she has continued in this race. Lynn was raised in Columbia and is the daughter of a hard-working family. Her father, Bill Wiggins, was a salesman of Butler Agricultural Buildings. Her mother is well known and beloved by those of us in the Senate. Mrs. Laura Wiggins worked in the Senate for 26 years prior to her retirement in 1989. Upon graduation from high school in 1969, so she is just a child, she was a student at Midlands Tech and earned a degree in Secretarial Science. She worked for a lot of people that you know and respect, Harry Lightsey, Bob Burnside, Hunter Rentz, Ken Lester and Isadore Lourie. She also worked as a legal secretary when Nikki Setzler and former senator David Turnipseed were law clerks for the firm. In 1981, Lynn entered the University of South Carolina and for three years worked her way through undergraduate school during lunch and evening hours. She graduated in 1984 with a B.A. degree and then went on to law school holding down two jobs. She earned the top academic award of American Jurisprudence in Constitutional Law in 1985 and was managing editor of the Journal of Law and Education from 1985 to 1987. After graduation, she began a private practice of law with her husband, Don Jonas, in a small litigation firm where she has handled every field of law. She also has taken the job as stepmother of three children and has held her breath as her stepson Steven was on active duty with the Marines and Michael, a college student grew to maturity. Her stepdaughter, Stacey, turned 15 on Saturday and will have some more breathless moments and she is looking forward to getting her driver's license this week, as my children have. Lynn is a hard-working, well-qualified and experienced mature candidate for an Administrative Law Judge and it is with utmost satisfaction that I nominate V. Lynn Wiggins to Seat 4 and I assure you and the State of South Carolina that you will be well served. This is a

Printed Page 7311 . . . . . Wednesday, May 25, 1994

nominating speech that I think is a testimonial to who wrote it, her husband Don, and he is an attorney here in the Midlands. It was such a fine speech, that I wanted to make it because I feel very strongly that this is such a fine person. But, at this time, Lynn told me on the way over that she will be withdrawing from the race today, but she is the kind of person, that you have determined for the past couple of months, that you will be seeing again. She is a delightful person and a competent person and I urge you, in the future as she campaigns to keep her in mind. Thank you very much."

Senator McGill nominated Mr. John D. Geathers as follows:

"Mr. President, Mr. Speaker Pro Tem, Mr. Speaker, members of the House and the South Carolina Senate...I rise today to place the name of John D. Geathers into nomination for Administrative Law Judge, Seat No. 4. John is seated in the balcony with his daughter, Lydia and his wife, Doris of seven years. Here in the last six years I have been in the Senate, I have worked very closely with John Geathers and found that certainly he is a very capable attorney. All of his legal opinions certainly have not been in my favor or the other person's favor, but he has always been very fair and partial on all decisions that he makes. He is a 1983 graduate of the University of South Carolina and in 1986, a graduate of the School of Law. He is a member of the South Carolina and North Carolina Bar Associations. Ladies and gentlemen, John has certainly a high moral and a strong ethic background. He would make an excellent judge, not just for Seat No. 4, but any position of judge, Judge Finney, any position. I highly recommend John Geathers and move that he be elected by acclamation."

Rep. HARVIN seconded the nomination of John D. Geathers.

On motion of Senator McGill, 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 John D. Geathers was duly elected for the term prescribed by law.

Printed Page 7312 . . . . . Wednesday, May 25, 1994

H. CLAY CARRUTH, JR.
May 19, 1994
Ms. Barbara Satterwhite
Administrative Assistant
Joint Legislative Judicial Screening Committee
211 Gressette Building
Columbia, South Carolina 29202

Dear Ms. Satterwhite:

Please take notice that I hereby withdraw my candidacy for Administrative Law Judge Seats No. 4. Thank you for your kindness and consideration.

Sincerely,
H. Clay Carruth, Jr.

W. KENNETH MOORE

May 25, 1994
Representative James Hodges
Blatt Building
Columbia, South Carolina 29211

Dear Jim:

This letter is to advise you that I am no longer a candidate for election to the position of Administrative Law Judge, Seat #4.

With kind regards, I am,

Very truly yours,
Ken Moore

RECORD FOR VOTING

I was unable to be present for the elections held today. Had I been present I would have voted in favor of John Geathers.

Rep. FLOYD BREELAND

ELECTION OF AN ADMINISTRATIVE LAW JUDGE, SEAT 5

The President announced that nominations were in order for an Administrative Law Judge, Seat 5.

Rep. HODGES stated that the following candidates had been screened and found qualified: H. Clay Carruth, Jr. and Karen L. Kanes.

Printed Page 7313 . . . . . Wednesday, May 25, 1994

Rep. HODGES stated that the following candidate had withdrawn his name from consideration: H. Clay Carruth, Jr.

On motion of Senator Courtney, 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 Karen L. Kanes was duly elected for the term prescribed by law.

H. CLAY CARRUTH, JR.
May 17, 1994
Ms. Barbara Satterwhite
Administrative Assistant
Joint Legislative Committee for Judicial Screening
211 Gressette Building
Columbia, South Carolina 29202

Dear Ms. Satterwhite:

Please be advised that I am hereby withdrawing from the race for Administrative Law Judge Seat #5. I am no longer a candidate for that position.

Thanking you for your kindness and consideration, I am,

Sincerely,
H. Clay Carruth, Jr.

ELECTION OF AN ADMINISTRATIVE LAW JUDGE, SEAT 6

The President announced that nominations were in order for an Administrative Law Judge, Seat 6.

Rep. HODGES stated that the following candidates had been screened and found qualified: Ralph K. "Tripp" Anderson, III, H. Clay Carruth, Jr., John J. Fantry, Jr. and Ray N. Stevens.

Rep. HODGES stated that the following candidates had withdrawn their names from consideration: H. Clay Carruth, Jr., Ray N. Stevens and John J. Fantry, Jr.

Rep. HARWELL nominated Mr. Ralph K. Anderson, III as follows:

"Ladies and gentlemen, Chairman Hodges asked that I be brief, but this is an extremely proud day for me and should be for this Joint Assembly in that the individual that I am going to nominate has all of the attributes that all of us admire. Most of us, whether we realize it or not, have some bias or some prejudices about persons that we feel or think may have some

Printed Page 7314 . . . . . Wednesday, May 25, 1994

physical disability. I want to talk to you about some of my heroes, Nelson Mandela, for example, who exemplifies, I think, what Shakespeare said, Bars do not a prison make whose soul and whose heart is not captured by, most of all his adult life being in prison and now being President of the world's newest democracy. Helen Keller, born blind, who brought light to a dark world and what she brought in braille and what you have seen and what blind people have been able to accomplish who are only unsighted. It is not a disability, it is considering people's abilities. John William Tucker, probably more than any of us can probably appreciate the Jim Abbotts, a person who was told and was born with a birth defect, only one arm, was told that he couldn't run because of the imbalance, that he couldn't feel, that he couldn't hit or catch or pitch, and never play baseball. Jim Abbott has won five and lost two this year and is in the rotation every day with the New York Yankees. John Felder can relate to Bo Jackson. Bo Jackson had half of his hip cut away and a steel and plastic form placed in the pelvic bone and a 12 to 14 inch steel ball driven into his hip when they cut it away and place it in that socket. His doctors said he would be lucky to walk without a cane. And he will never ever again be able to play professional sports. Bo Jackson is now in a regular rotation and plays everyday in leftfield with the California Angels. I also can relate to where this young man and his roots are from a community, the suburb of Timmonsville and Cale Yarborough, born like his grandparents were to poverty, tenant farmers, poor land, couldn't grow more than a scrub tree of black jack oak and who were the advent of the electric and the powered saw cut enough black jack tree in order to be able to buy his first race car and went on to become one of the great NASCAR drivers of all times. But, in his last accident at Darlington, his shoulder suspended, his left shoulder, from a bone about the size of a silver dollar and they said he would never race again and he was a NASCAR champion the following year. I am going to tell you about my horse from Cleo Young's farm, Truluck, a proud horse, Truluck ran the national and international championships for harness racing and had a stress fracture, and Cleo Young said to Bubba Huggins who was a friend of mine and former classmate at the University, left law school to follow the racing tradition of the Huggins family, was told by Cleo Young, you are going to have to destroy Truluck. He will never race again. Huggins said, I have got two weeks vacation and if I do what you have asked me to do, I'm going to need that two weeks. He went home and the third week he called and said, I got the flu, give me another week. He didn't give up on Truluck. He had him in a little concrete pond that you use to delouse horse and cattle in working him for three weeks and went on to

Printed Page 7315 . . . . . Wednesday, May 25, 1994

win $950,000 with Truluck the next few years and he retired as a stud and his great grandchildren are still racing and winning races. The candidate that I am about to introduce, nominate, possesses all of these attributes. He is a fighter, a young man of courage unequaled by anybody I have know in my lifetime. He is not a quitter. He doesn't know what it is to quit. He is a young man, 35 years of age, with outstanding legal abilities, a scholar, a trial advocate and to quote Jack Swerling, who just recently had a case with him and has had numerous cases with him, said, `If you take on Tripp Anderson, you better pack a lunch, come early and be prepared to stay late.' His work habits, 45 and 50 hours a week, from a period of five years, he missed two and a half days, more than me with colds and flus and I asked for continuances. He is a man of outstanding courage and ability. He was born on October 13, 1959, graduated from Florence High School in 1976, graduated Francis Marion University cum laude in 1980. On July 26, 1980, he broke his neck diving into Lynches River and was in intensive care for two weeks. He had a halo brace to stabilize his neck and his face still bears the scars. He developed hyper calcemia which required a food tube, thyroid surgery, chemical therapy and none of those things we think now would have been necessary, but because of the calcium from the fractures and his athletic ability and outstanding athlete, those calcium deposits from the broken fractures went into bloodstream and required all of the medicine. Weeks and months of rehabilitation, for at least six weeks, there was a question of survival. He is a fighter. By will and courage, he survived and came to where he is now. In his duties with the Attorney General, he has prosecuted murder, robbery, kidnapping and been an Appellate Counsel in criminal appeals, the Governor's Extradiction Hearing Officer, Counsel to the State Ethics Commission, involved in civil and criminal litigation. He had lectured the Supreme Court staff, the South Carolina Bar ethics and received from the Bar a very high rating of well qualified. I would be amissed if I didn't tell you that he has one of the strongest role models in his father. Most of you know, an outstanding Circuit Court Judge and who adheres legal principles, precedents and his own life, performance on the bench. And so as I know, a tremendous inspiration to Tripp. So, it is my pleasure to place in nomination and to move that he be elected by acclamation, Ralph King Anderson, III and whose motto is the same that is on the currency of money that we use in this country, `In God we trust,' and he will make us an outstanding Administrative Law Judge."

Rep. HARVIN seconded the nomination of Ralph King Anderson, III.

Printed Page 7316 . . . . . Wednesday, May 25, 1994

On motion of Rep. HARWELL, 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 Ralph K. "Tripp" Anderson, III was duly elected for the term prescribed by law.

H. CLAY CARRUTH, JR.
May 19, 1994
Ms. Barbara Satterwhite
Administrative Assistant
Joint Legislative Committee for Judicial Screening
211 Gressette Building
Columbia, South Carolina 29202

Dear Ms. Satterwhite:

Please take notice that I hereby withdraw my candidacy for Administrative Law Judge, Seat No. 6. Thank you for your kindness and consideration.

Sincerely,
H. Clay Carruth, Jr.

RAY N. STEVENS
May 25, 1994
Dear Members of the House and Senate:

My campaign for a seat as an Administrative Law Judge has brought me into contact with many of you over the last several months. I have been afforded the privilege of acquiring many new friends in both the House and the Senate with such friendships having been formed without regard to voting preferences of the membership.

After consultation with many of you, it is my desire to allow the members of the General Assembly to act decisively and with unity in electing unanimously my colleague, Tripp Anderson, as Administrative Law Judge for Seat #6. Accordingly, I am withdrawing as a candidate for Seat #6. I am confident Tripp will be a valuable asset to the State and its citizens in his new capacity as Administrative Law Judge, and I wish for him a long and successful tenure.

I am confident that at the appropriate time the members of the House and Senate will afford me the opportunity of serving this State in a judicial capacity. My intentions to so serve remain strong and undiminished. Consider the postage stamp. It obtains success through its ability to stick

Printed Page 7317 . . . . . Wednesday, May 25, 1994

to one thing until it gets there. I remain steadfast in my determination to serve the people of this State.

Sincerely,
Ray N. Stevens

JOHN J. FANTRY, JR.

May 25, 1994
The Honorable James H. Hodges
Chairman Judicial Screening Committee
P.O. Box 142
Columbia, South Carolina

Dear Representative Hodges:

I respectfully request that my name be withdrawn as a candidate for Administrative Law Judge Seat 6.

I appreciate the courtesy and consideration of those House and Senate members who have, during these final days of session, given me an opportunity to visit them. I regret that time did not permit me to visit each member before making this announcement.

It is an honor to have been found by the Joint Judicial Screening Committee to possess the legal experience, demeanor, temperament, and ethical behavior suitable to serve the people of South Carolina as a judge. I credit this finding not to my eloquence before the committee, but to the candor and support given me by friends and members of the bar who appeared before the committee through letters of recommendation and comment. I thank them for their help and I encourage their continued involvement with the work of the Screening Committee.

I thank those of you who supported my candidacy. I congratulate those who will serve the Administrative Law Division as its first panel of judges. And I look forward to working with the members of the House and Senate in the future.

Sincerely,
John J. Fantry, Jr.

Printed Page 7318 . . . . . Wednesday, May 25, 1994

STATEMENT FOR JOURNAL

I abstained from voting on the A.L.J. elections on May 25, 1994, because I am a practicing attorney and could have a case at some point before an A.L.J.

Rep. ROLAND S. CORNING