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

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| Printed Page 70, Jan. 12 | Printed Page 90, Jan. 13 |
Printed Page 80 . . . . . Wednesday, January 12, 1994
Rep. SHARPE moved to recommit the Bill, to the Committee on Agriculture, Natural Resources and Environmental Affairs, which was agreed to.

H. 4421--RECALLED FROM THE COMMITTEE ON

EDUCATION AND PUBLIC WORKS

On motion of Rep. PHILLIPS, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works.

H. 4421 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 38-73-470, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF THE UNINSURED MOTORIST PREMIUM, SO AS TO, AMONG OTHER THINGS, INCREASE THE AMOUNT OF THE PREMIUM TO BE USED TO PROVIDE FUNDS FOR THE COSTS OF ADMINISTERING THE PROVISIONS OF SECTION 38-73-738, RATHER THAN ARTICLE 3, CHAPTER 10, TITLE 56, AND PROVIDE FOR THE TRANSFER OF THIS PORTION OF THE PREMIUM TO THE DEPARTMENT OF INSURANCE, RATHER THAN THE DEPARTMENT OF PUBLIC SAFETY; TO AMEND THE 1976 CODE BY ADDING SECTION 38-73-738 SO AS TO PROVIDE A PROCEDURE FOR THE DEPARTMENT OF INSURANCE TO ISSUE TO A FIRST TIME DRIVER'S LICENSE APPLICANT WHO IS AT LEAST FIFTEEN YEARS OF AGE BUT LESS THAN SEVENTEEN YEARS OF AGE A DRIVER TRAINING VOUCHER; AND TO AMEND THE 1976 CODE BY ADDING SECTION 56-1-75 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT A DRIVER'S LICENSE MUST NOT BE ISSUED TO A PERSON WHO IS AT LEAST FIFTEEN YEARS OF AGE BUT LESS THAN SEVENTEEN YEARS OF AGE UNTIL THE APPLICANT HAS PROVIDED EVIDENCE OF SATISFACTORY COMPLETION OF AN APPROVED DRIVER TRAINING COURSE AS PROVIDED IN SECTION 38-73-738.

Printed Page 81 . . . . . Wednesday, January 12, 1994
S. 703--DEBATE ADJOURNED

The Senate amendments to the following Bill were taken up for consideration.

S. 703 -- Senator Reese: A BILL TO AMEND SECTION 50-25-1330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERCRAFT MOTOR RESTRICTIONS ON LAKE H. TAYLOR BLALOCK, SO AS TO REVISE THE MOTOR HORSEPOWER RESTRICTION APPLICABLE TO PONTOON BOATS GREATER THAN SIXTEEN FEET IN LENGTH FROM THIRTY-FIVE TO FORTY.

Rep. SNOW moved to adjourn debate upon the Senate amendments until Wednesday, January 19, which was adopted.

H. 3557--TABLED

The Senate amendments to the following Joint Resolution were taken up for consideration.

H. 3557 -- Reps. Sheheen and Wilkins: A JOINT RESOLUTION TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF THE STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING, JULY 1, 1993 AND FOR OTHER PURPOSES; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; TO FURTHER PROVIDE FOR THE OPERATION OF THE STATE GOVERNMENT DURING THE FISCAL YEAR;

Rep. WILKINS moved to table the Joint Resolution, which was agreed to.

H. 4266--TABLED

The following Concurrent Resolution was taken up.

H. 4266 -- Rep. Rogers: A CONCURRENT RESOLUTION TO REQUEST THAT PRIOR TO SUBMITTING A SETTLEMENT PROPOSAL TO THE ATTORNEYS REPRESENTING THE PLAINTIFFS OR TO THE COURT HEARING THE CASE STYLED ALEXANDER S. ET AL. VS. RICHARD E. MCLAWHORN ET AL., THE ATTORNEYS REPRESENTING THE DEPARTMENT OF YOUTH SERVICES SUBMIT AND RECEIVE APPROVAL OF ITS TERMS

Printed Page 82 . . . . . Wednesday, January 12, 1994
FROM THE WAYS AND MEANS COMMITTEE, THE FINANCE COMMITTEE, AND THE GOVERNOR.

Rep. ROGERS moved to table the Concurrent Resolution, which was agreed to.

MOTION PERIOD

The motion period was dispensed with on motion of Rep. HODGES.

H. 4216--DEBATE ADJOURNED

Rep. DAVENPORT moved to adjourn debate upon the following Bill until Thursday, January 20, which was adopted.

H. 4216 -- Rep. Davenport: A BILL TO PROVIDE THAT CERTAIN REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES AS THEY PERTAIN TO DAY CARE CENTERS ARE SUSPENDED FROM TAKING EFFECT IN SPARTANBURG COUNTY UNTIL JULY 1, 1994.

Rep. WILKINS moved that the House do now adjourn, which was adopted.

ADJOURNMENT

At 2:57 P.M. the House in accordance with the motion of Rep. A. YOUNG adjourned in memory of Jay Witte of Summerville, to meet at 10:00 A.M. tomorrow.

* * *

Printed Page 83 . . . . . Thursday, January 13, 1994
Thursday, January 13, 1994

(Statewide Session)

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:

We thank You, Heavenly Father, for these moments of prayer when we can look up to You and away from the world, and thereby to get our bearings. Teach us to know that the good we do today will become tomorrow's happiness. Make us so dedicated to the tasks before us that we can think of every yesterday without regret and look to all tomorrows without fear. Teach us to know that there is no tranquilizer as effective as a clear conscience. Grant to us a faith that persists, a hope that endures, and a loyalty to the best. 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.

MOTION ADOPTED

Rep. SIMRILL moved that when the House adjourns, it adjourn in memory of John Cook of Rock Hill, which was agreed to.

Printed Page 84 . . . . . Thursday, January 13, 1994
REPORT RECEIVED

JOINT LEGISLATIVE COMMITTEE

FOR JUDICIAL SCREENING

TO: The Clerk of the Senate

The Clerk of the House
FROM: Glenn F. McConnell, Chairman

Judicial Screening Committee
DATE: January 11, 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/Glenn F. McConnell, Chairman
/s/Rep. James H. Hodges, Vice-Chairman /s/Rep. M. O. Alexander
/s/Senator Thomas L. Moore /s/Rep. Donald W. Beatty
/s/Senator Edward E. Saleeby /s/Rep. C. Lenoir Sturkie
/s/Senator John R. Russell

The Screening Process

Pursuant to Act No. 119 of 1975, this Committee has considered the qualifications of candidates seeking election to the positions of Judge of the Third Judicial Circuit, Judge of the Fourth Judicial Circuit, Judge of the Fifth Judicial Circuit, Judge of the Seventh Judicial Circuit, Judge of the Eighth Judicial Circuit, Judge of the Ninth Judicial Circuit, Judge of the Eleventh Judicial Circuit (two seats), Judge of the Twelfth Judicial Circuit, Judge of the Thirteenth Judicial Circuit, Judge of the Fourteenth Judicial Circuit, and Judge of the Circuit Court At-Large, Seat #2.

The Judicial Screening Committee is charged by law to consider the qualifications of candidates for the Judiciary. When notice is received that an individual intends to seek election or reelection to the Bench, 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.

Printed Page 85 . . . . . Thursday, January 13, 1994
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 judiciary on 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 courtrooms 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 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 a judge. Justice can surely prevail when a judge is courteous to litigants and lawyers alike. The Committee reiterates its displeasure with those candidates who strain the no pledging rule so as to come to the Committee with a "lock," albeit an informal one, on a judgeship. The Committee weighs heavily such activity in determining compliance with the 1991 ethics legislation and, hence, the qualification of a candidate.

TRANSCRIPT OF HEARING OF NOVEMBER 17, 1993

THE CHAIRMAN: I am going to call the Committee to order. This Screening Committee is pursuant to Act 119 of 1975 requiring the review of candidates for judicial office. The function of the Committee is not to choose between candidates, but rather to declare whether or not the candidates who offer for positions on the bench are in our judgment qualified to fill the positions.

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 courtroom 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 candidates for the following seats: Circuit Court: Third, Fourth, Seventh, Eight, Ninth, and Eleventh, Twelfth, Thirteenth and Fourteenth; Circuit Court Vacancies: the Fifth, the Eleventh and At Large, Seat Number 2.

Printed Page 86 . . . . . Thursday, January 13, 1994
We are -- because of certain complications and everything, I would ask the Members to move in their book, we're going to take some of them out of order because of the schedule, if that's okay with you.

We call first on the judge of the Eighth Judicial Circuit, the Honorable James W. Johnson, Jr.
JUDGE JOHNSON: Mr. Chairman, do you want me here?
THE CHAIRMAN: To the left, please, sir.

If you would raise your right hand, sir. Do you swear to tell the truth, the whole truth and nothing but the truth, so help you God?
JUDGE JOHNSON: So help me God.
THE CHAIRMAN: Thank you. I note that your last screening was on December the 5th, 1991. Have you had a chance to review the Personal Data Questionnaire Summary?
JUDGE JOHNSON: Yes, sir.
THE CHAIRMAN: Is it correct or does it need any clarification?
JUDGE JOHNSON: To the best of my knowledge, with the -- there was supplemental information that was submitted last week as a result of a letter for Mr. Couick. It is complete as far as I know, yes.
THE CHAIRMAN: The Staff nods their head, says they agree with you, so is there any objection to us making this summary a part of the record of your sworn testimony?
JUDGE JOHNSON: Not at all.
THE CHAIRMAN: I would direct at this point that that be inserted into the transcript.

PERSONAL DATA QUESTIONNAIRE SUMMARY

1. James William Johnson, Jr.
Home Address: Business Address:
208 York Street Laurens County Courthouse
Clinton, SC 29325 P. O. Box 367
Laurens, SC 29360

2. He was born in Clinton, South Carolina on August 16, 1951. He is presently 42 years old.

4. He was married to Jean Katherine Mangum on June 16, 1973. He has four children: Ryan William, age 16; Austin Michael, age 14; Katherine Marie, age 12; and Elizabeth Leigh, age 9.

5. Military Service: N/A.

Printed Page 87 . . . . . Thursday, January 13, 1994
6. He attended the University of South Carolina, 1969-1973, BS Economics; and the University of South Carolina School of Law, 1973-1976, JD.

8. Legal/Judicial education during the past five years:
He has complied with the continuing education requirements as a practicing attorney and as a judge. In addition to attending the requisite CLE seminars in South Carolina, in April-May of 1992 (after becoming a judge), he completed the General Jurisdiction course at the National Judicial College and received 82.5 hours credit for continuing judicial education.

9. Taught or Lectured: In 1981, he spoke at a continuing education seminar sponsored by the South Carolina Bar. The subject was Administrative Law, and his topic was the Administrative Procedures Act.

10. Published Books and Articles: He did issue a number of Attorney General opinions as an Assistant Attorney General on a variety of topics.

12. Legal experience since graduation from law school:

August, 1976 - November, 1981: Assistant Attorney General for State of South Carolina. Consumer fraud, representation of public before Public Service Commission, representation of various state agencies, including Dairy Commission, Department of Consumer Affairs, and Parks, Recreation and Tourism; civil litigation, including tort claims and highway condemnation throughout state.

November, 1981 - February, 1983: Sole practitioner in Clinton, South Carolina, with a general practice, both civil and criminal, in all state courts

February, 1983 - December, 1988: Partner in firm of Blalock & Johnson in Clinton, South Carolina; general practice, both civil and criminal, in all state courts and federal courts

December, 1988 - March, 1992: Sole practitioner in Clinton, South Carolina, with a general practice

Printed Page 88 . . . . . Thursday, January 13, 1994
March, 1992 - present: Circuit Court Judge, Eighth Judicial Circuit

13. Rating in Martindale-Hubbell: As a member of the judiciary, he is not currently rated. His last rating was BV.

20. Judicial Office:

1983-1984: Appointed Assistant City Recorder by City Council for City of Clinton, South Carolina. Jurisdiction over violations of city ordinances and the penalty could not exceed $200/30 days.

March, 1992 - present: Elected Circuit Court Judge by South Carolina General Assembly to fill unexpired term of Honorable James E. Moore, elected to South Carolina Supreme Court. Trial court of general jurisdiction, civil and criminal, and term expires July 1, 1994.

21. Five (5) Significant Orders or Opinions:
(a) Scott, et al. v. Allison Boats, Inc., et al., 92-CP-36-322
(b) Bookman v. Shakespeare Company, et al., 92-CP-36-100
(c) Linder, et al. v. Campbell, 90-CP-42-2297
(d) Hopkins v. Chickasaw Processing Company, Inc., et al., 93-CP- 24-054
(e) State of South Carolina v. Wyatt, Laurens County General Sessions dated September 25, 1992

22. Public Office: He was elected to the South Carolina House of Representatives in November, 1984, District 15, and served in that capacity until March 5, 1992.

28. Financial Arrangements or Business Relationships (Conflict of Interest):
He is a partner in a partnership that owns an apartment. If this partnership became involved in litigation, he would recuse himself.

45. Bar Associations and Professional Organizations:
Laurens County Bar Association, President (January, 1991 - May, 1991), Vice President (1990); South Carolina Bar Association; former member, South Carolina Trial Lawyers Association and American Bar Association

Printed Page 89 . . . . . Thursday, January 13, 1994
46. Civic, charitable, educational, social and fraternal organizations:
Clinton YMCA, Board of Directors (1990-1992), Chairman of Personnel Committee (1990-1992); First Presbyterian Church, Session (1978-1990, 1991- present)

48. Five (5) letters of recommendation:
(a) Charles T. Copley, Vice President
The Palmetto Bank
P. O. Box 513, Clinton, SC 29325
833-7761
(b) Joe W. B. Brooks, Pastor
First Presbyterian Church
P. O. Box 29, Clinton, SC 29325
833-1062
(c) Kenneth B. Orr, President
Presbyterian College
Clinton, SC 29325
833-2820
(d) A. Milling Blalock, Esquire
P. O. Box 724, Clinton, SC 29325
833-0228
(e) Claude A. Crocker
Clinton Mills
P. O. Drawer 1215, Clinton, SC 29325-1215
833-5500

PERSONAL DATA QUESTIONNAIRE - ADDENDUM

2. Positions on the Bench:
March 6, 1992-present, Circuit Court Judge, Eighth Judicial Circuit

10. Extra-Judicial Community Involvement:
Except for his position as Elder in his church, he has resigned from other advisory boards, etc. To his knowledge, he has never used his judicial office to further any interest.

The Board of Commissioners on Grievances and Discipline reports that there no Formal Complaints of any kind have ever been filed against you. The Judicial Standards Commission has no record of reprimands against you.

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