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The input the Joint Committee received from its surveys, the Bar, a witness who came forward to testify at the public hearing, and, perhaps most importantly, Ms. Wiggins herself indicated that she would need to change her temperament in order to serve on the bench. There were numerous anonymous survey respondents who indicated potential problems with temperament, and the Bar indicated that it received "mixed reports" on the issue. The Joint Committee considered these responses in its decision-making process, but relied primarily on the direct testimony and actions of Ms. Wiggins herself and of Mr. Jose Monge, a witness who testified in public session.

The Joint Committee received an affidavit from Mr. Jose Monge, a Columbia attorney who practices primarily military, international, and civil law. Mr. Monge handled a contested custody matter in which Ms. Wiggins was the opposing counsel. The Joint Committee understands that custody matters can be highly emotional contests, but Mr. Monge raised concerns that Ms. Wiggins's conduct over the course of her representation went beyond the bounds of zealous advocacy. Mr. Monge specifically alleged that Ms. Wiggins made accusations that he was incompetent and had misrepresented facts and committed fraud upon the court. He claimed that she was generally unprofessional, lacked objectivity, and transformed the matter into a personal dispute.

Ms. Wiggins responded to Mr. Monge's affidavit by filing a letter with the Joint Committee accusing him of incompetence and misrepresentation. She denied the allegation that she acted unprofessionally and denied accusing Mr. Monge of committing fraud on the court.

The Joint Committee steadfastly refused to inquire into the merits of the underlying case, but did closely examine both attorneys' conduct in the matter. Mr. Monge reiterated several times that his experience with Ms. Wiggins was limited to this one matter and that her conduct in other situations might be exemplary. During his appearance before the Joint Committee, Mr. Monge was somewhat soft-spoken and did not appear to have the demeanor that might have provoked confrontation.

The Joint Committee believes, based on the written evidence it had in this matter and the testimony of both Mr. Monge and Ms. Wiggins, that Ms. Wiggins probably did overstep the boundaries of zealous advocacy in her handling of this matter and that her response to Mr. Monge's affidavit is further evidence of a possibly poor temperament. Ms. Wiggins claimed in her letter to the Joint Committee that she "never accused Mr. Monge of committing fraud on the court," but the Joint Committee obtained a copy of a letter Ms. Wiggins sent to Mr. Monge in which she said "[t]he

5. Diligence and Industry:

Ms Wiggins was punctual and attentive in her dealings with the Joint Committee, and the Joint Committee's investigation did not reveal any problems with her diligence and industry.

6. Mental and Physical Capabilities:

Ms. Wiggins appears to be mentally and physically capable of performing the duties of the office she seeks.

7. Financial Responsibility:

The Joint Committee's investigation did not reveal any evidence of a current troubled financial status. Ms. Wiggins did, however, declare Chapter Thirteen Bankruptcy in 1985, but has apparently managed her financial affairs responsibly since that time.

8. Public Service:

Ms. Wiggins serves on the Fee Resolution Dispute Board and the Legislative Counsel Committee of the South Carolina Bar. She is also a member of the South Carolina Pro Bono Program.

9. Ethics:

Ms. Wiggins testified that she has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or

Ms. Wiggins also testified that she understood the new Joint Committee rule requiring her to wait forty-eight hours after the draft report is released before she may begin seeking commitments.

10. Miscellaneous:

The Joint Committee did receive one statement in opposition to Ms. Wiggins's election. It was filed by Mr. Jose Monge and is discussed above.

Joint Committee's Finding: Legally Qualified

Judge Lee was screened on February 8, 1995, after a thorough investigation. The Joint Committee's findings as they relate to the nine evaluative criteria are as follows:

1. Integrity and Impartiality:

The Joint Committee's investigation did not reveal any evidence of unethical conduct. The input the Joint Committee received from its own survey and the report of the Bar was that Judge Lee's character, integrity, and reputation are outstanding.

Judge Lee demonstrated an understanding of the Canons of Judicial Conduct and other ethical consideration of importance to judges. On the issue of ex parte communications, Judge Lee stated that she discourages ex parte communications and if there is an inquiry, her administrative assistant takes the call and determines the nature of the matter. If the inquiry can be addressed in a letter, her administrative assistant requests that the caller do so and she gives a copy of the correspondence to all the parties. If the matter cannot be handled by way of a letter, she schedules a conference call. Judge Lee testified that she does answer questions regarding minor administrative matters ex parte.

Judge Lee testified that she does not accept gifts and accepts only those invitations for social hospitality that are extended to all judges on the court.

Judge Lee serves on the St. Peter's Catholic School Board, is a member of Jack and Jill of America, and currently serves as president of The Links, Incorporated. Jack and Jill of America and The Links are

2. Legal Knowledge and Ability:

The input the Joint Committee received from its survey and from the Bar indicated that Judge Lee is intelligent and knowledgeable. She has complied with the judicial continuing legal eduction requirements and has taught three legal education courses.

Judge Lee's score on the Joint Committee's practice and procedure questions was 2.89 out of 4 points. She answered questions about the promulgation of regulations, the burden of proof in licensing cases, and the rights of parties and protestants extremely well. She was also very familiar with whether agencies have inherent authority, conflicts between the Administrative Procedures Act and a specific statutory grant of authority, standards of review, and the definition of substantial evidence. She was less well versed in the application of the rules of evidence in administrative proceedings.

3. Professional Experience:

Judge Lee was elected to the Administrative Law Judge Division in 1994. She was a staff attorney for the Legislative Council from 1989 to 1994 and an associate with the McNair firm from 1984 to 1989. Prior to that, she clerked first for the Honorable Israel M. Augustine of the Fourth Circuit Court of Appeals and then for the Honorable C. Tolbert Goolsby, Jr.

Her work for the Legislative Council involved drafting legislation and amendments for members of the General Assembly. Her practice at the McNair firm focused primarily on litigation in contract and consumer-related issues and labor and employment related litigation.

4. Judicial Temperament:

The input the Joint Committee received from its surveys and from the Bar indicate that Judge Lee's temperament is excellent.

Judge Lee was punctual and attentive in her dealings with the Joint Committee, and the Joint Committee's investigation did not reveal any problems with her diligence and industry.

6. Mental and Physical Capabilities:

Judge Lee appears to be mentally and physically capable of performing the duties of the office she seeks.

7. Financial Responsibility:

The Joint Committee's investigation did not reveal any evidence of a troubled financial status. Judge Lee has managed her financial affairs responsibly.

8. Public Service:

Judge Lee has been on the bench for one year and worked as a state attorney for the preceding five years.

9. Ethics:

Judge Lee testified that she has not:
(a) sought or received the pledge of any legislator prior to screening;
(b) sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or
(c) asked third persons to contact members of the General Assembly prior to screening.

Judge Lee also testified that she understood the new Joint Committee rule requiring her to wait forty-eight hours after the draft report is released before she may begin seeking commitments.

Judge Lee testified that she has spent less than $100 on her campaign and therefore has not filed reports with either the House or Senate Ethics Committees.

10. Miscellaneous:

The Joint Committee did not receive any complaints or statements in opposition to Judge Lee's election.

The following persons were unanimously2 found legally qualified:

/s/Ralph King Anderson, Jr.
/s/James E. Brogdon, Jr.
/s/E. C. Burnett, III
/s/Amie Lois Clifford
/s/J. Derham Cole
/s/Dale L. DuTremble
/s/Tom J. Ervin
/s/C. Tolbert Goolsby, Jr.
/s/Ben A. Hagood, Jr.
/s/H. Dean Hall
/s/B. Hicks Harwell
/s/Kaye G. Hearn
/s/J. Ernest Kinard, Jr.
/s/Alison R. Lee
/s/Daniel E. Martin, Sr.
/s/Costa M. Pleicones
/s/C. Victor Pyle, Jr.
/s/Ray Stevens
/s/H. Samuel Stilwell
/s/V. Lynn Wiggins

The following was introduced:

H. 3782 -- Rep. Wells: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO MR. JOSEPH P. FINNEGAN, JR., PRESIDENT OF THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND THE BLIND, AND A GROUP OF OUTSTANDING STUDENTS ____________________ 2 Representative Donald W. Beatty did not participate in the Joint Committee's investigation, public hearing, deliberations, or voting concerning Judge Burnett.

The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

The following was introduced:

H. 3783 -- Reps. Cotty, Sheheen, Boan and Baxley: A CONCURRENT RESOLUTION COMMENDING JOHN STRAIT, MANAGER OF THE E. I. DUPONT DE NEMOURS PLANT IN CAMDEN, DR. HERBERT C. ROBBINS, PRESIDENT OF CENTRAL CAROLINA TECHNICAL COLLEGE, THE CENTRAL CAROLINA TECHNICAL COLLEGE COMMISSION MEMBERS, AND CATHY HARVIN, CENTER DIRECTOR, FOR THEIR EFFORTS IN ESTABLISHING THE UNIQUE AND OUTSTANDING "COLLEGE AT WORK" PROGRAM AT THE DUPONT PLANT SITE IN CAMDEN.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

The following was introduced:

H. 3784 -- Rep. Waldrop: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME A PORTION OF STATE HIGHWAY 121 IN NEWBERRY COUNTY AS THE "J. C. NEEL MEMORIAL HIGHWAY" AND TO INSTALL APPROPRIATE MARKERS OR SIGNS.

The Concurrent Resolution was ordered referred to the Committee on Education and Public Works.

The Senate sent to the House the following:

S. 340 -- Senator Elliott: A CONCURRENT RESOLUTION URGING THE CONGRESSIONAL DELEGATION OF THIS STATE TO PROPOSE AN AMENDMENT TO THE UNITED STATES CONSTITUTION, FOR RATIFICATION BY THE STATES, SPECIFYING THAT CONGRESS AND THE STATES SHALL HAVE THE POWER, CONSISTENT WITH THE AMERICAN LEGAL

The Concurrent Resolution was ordered referred to the Committee on
Invitations and Memorial Resolutions.

The Senate sent to the House the following:

S. 631 -- Senator Lander: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME A PORTION OF STATE HIGHWAY 121 IN NEWBERRY COUNTY AS THE "J. C. NEEL MEMORIAL HIGHWAY" AND TO INSTALL APPROPRIATE MARKERS OR SIGNS.

The Concurrent Resolution was ordered referred to the Committee on Education and Public Works.

The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:

H. 3785 -- Reps. Sharpe, Knotts, Hutson, Limehouse, Littlejohn, A. Young, Whatley, Fleming, Bailey, Fair, Easterday, Allison, Meacham, Walker, Moody-Lawrence, R. Smith, Neal, Tripp, Neilson, Stille, Davenport, Witherspoon, Hines, Vaughn, Rice, Cato, Haskins, Sandifer, Shissias, Mason, Riser, J. Brown, Wright, Wofford, Richardson, J. Harris, Dantzler and Harrison: A BILL TO AMEND TITLE 40, CHAPTER 30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MASSEURS AND MASSEUSES, TO ENACT THE MASSAGE PRACTICE ACT SO AS TO CREATE THE BOARD OF MASSAGE AND TO PROVIDE FOR ITS POWERS AND DUTIES; TO ESTABLISH LICENSURE AND RENEWAL REQUIREMENTS FOR MASSAGE THERAPISTS; TO DEFINE ACTS OF MISCONDUCT AND TO PROVIDE DISCIPLINARY ACTION AND PROCEDURES FOR MISCONDUCT, AND TO PROVIDE PENALTIES.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

H. 3786 -- Reps. Keyserling and Jaskwhich: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING

Referred to Committee on Education and Public Works.

H. 3787 -- Reps. Richardson, Cotty, Rice, Cobb-Hunter, Keyserling, J. Brown, Worley, S. Whipper, Limehouse, Moody-Lawrence, Byrd, Shissias, Herdklotz, Lloyd, D. Smith, Wilkes, Mason and Thomas: A BILL TO AMEND SECTION 12-33-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALCOHOLIC BEVERAGE LICENSES FOR PURPOSES OF THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO PROVIDE FOR PRORATED LICENSES; TO REPEAL SECTION 12-33-220, RELATING TO AN OBSOLETE PROVISION ALLOWING PRORATION OF LICENSES, AND TO PROVIDE FOR REFUNDS IN CASES OF CERTAIN LICENSES ISSUED AFTER NOVEMBER, 1994.

Referred to Committee on Labor, Commerce and Industry.

H. 3788 -- Reps. Limehouse, Hallman, Fulmer, Whatley, L. Whipper, Seithel and S. Whipper: A BILL TO AMEND ACT 1595 OF 1972, AS AMENDED, RELATING TO THE CHARLESTON COUNTY PARK, RECREATION AND TOURIST DISTRICT, SO AS TO DELETE THE PROVISION FOR THE MAINTENANCE OF GOLF COURSES.

On motion of Rep. LIMEHOUSE, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 3789 -- Reps. Fair, Allison, L. Whipper, Jaskwhich and S. Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-22 SO AS TO

Referred to Committee on Judiciary.

H. 3790 -- Reps. Harrison, Jennings, Sharpe, A. Young, Kelley, Lanford, Stille, Huff, Williams, Spearman, Cato, H. Brown, Rhoad, Hines, McMahand, J. Brown, Bailey, Littlejohn, Limbaugh, Rice, Stuart, Law, Cain, Meacham, Mason, Davenport, Tripp, Whatley, D. Smith, Hutson, Wright, Quinn, Fair, Easterday, McCraw, Dantzler, Gamble, Seithel, Riser, Harvin, Neilson, Worley, Chamblee, Keegan, G. Brown, Kirsh, Witherspoon, Martin, Waldrop, Phillips, Kennedy, Harwell, Kinon, Stoddard, Elliott, Vaughn, Trotter, Wilder, Walker, Robinson, Cooper, Marchbanks, Koon, Townsend, McAbee, Baxley, McKay, Wofford, Carnell, Fulmer and R. Smith: A BILL TO AMEND TITLE 28, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMINENT DOMAIN, BY ADDING CHAPTER 4 SO AS TO ENACT "THE SOUTH CAROLINA PROPERTY RIGHTS ACT".

Referred to Committee on Judiciary.

H. 3791 -- Reps. Cooper, Chamblee and Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-635 SO AS TO AUTHORIZE THE COUNCIL UNDER THE COUNCIL-ADMINISTRATOR FORM OF COUNTY GOVERNMENT TO EMPLOY AND DISCHARGE THE COUNTY ATTORNEY AND INTERNAL AUDITOR.

Referred to Committee on Judiciary.

H. 3792 -- Rep. Fair: A BILL TO AMEND SECTION 16-15-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THIRD DEGREE SEXUAL EXPLOITATION OF A MINOR, SO AS TO PROVIDE THAT MISTAKE OF AGE IS NOT A DEFENSE TO THIS OFFENSE.

Referred to Committee on Judiciary.

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