Journal of the House of Representatives
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995
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Printed Page 1820 . . . . . Tuesday, March 21,
1995
POINT OF ORDER
Rep. HARRISON made the Point of Order that the Bill was improperly before the
House for consideration since printed copies of the Bill have not been upon the
desks of the members for one statewide day.
The SPEAKER sustained the Point of Order.
H. 3663--POINT OF ORDER
The following Bill was taken up.
H. 3663 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
1976, BY ADDING SECTION 56-3-2340 SO AS TO CREATE AN ANTIQUE MOTOR VEHICLE
DEALER LICENSE PLATE.
POINT OF ORDER
Rep. TRIPP made the Point of Order that the Bill was improperly before the
House for consideration since printed copies of the Bill have not been upon the
desks of the members for one statewide day.
The SPEAKER sustained the Point of Order.
HOUSE STANDS AT EASE
On motion of Rep. SHEHEEN the House stood at ease subject to the call of
Chair.
JOINT ASSEMBLY
At 12:30 P.M. the Senate appeared in the Hall of the House.
The President of the Senate called the Joint Assembly to order and announced
that it had convened under the terms of a Concurrent Resolution adopted by both
Houses.
Printed Page 1821 . . . . . Tuesday, March 21,
1995
ELECTION OF AN ASSOCIATE JUSTICE OF THE
SUPREME COURT, COURT OF APPEALS JUDGES, SEATS 3
AND 4, CIRCUIT COURT JUDGES, FIFTH, SEVENTH,
NINTH, TENTH AND TWELFTH JUDICIAL CIRCUITS, AND
ADMINISTRATIVE LAW JUDGES, SEATS 3 AND 5
The Reading Clerk of the House read the following Concurrent Resolution:
S. 638 -- Senators McConnell, Saleeby, Moore and Russell: A CONCURRENT
RESOLUTION TO FIX 12:30 P.M. ON TUESDAY, MARCH 21, 1995, AS THE TIME FOR
ELECTING A SUCCESSOR TO A CERTAIN ASSOCIATE JUSTICE OF THE SUPREME COURT
WHOSE
UNEXPIRED TERM EXPIRES JULY 31, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF
THE COURT OF APPEALS, SEAT 3, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1995; TO
ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE TWELFTH JUDICIAL CIRCUIT WHOSE
UNEXPIRED TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF
THE ADMINISTRATIVE LAW JUDGE DIVISION, SEAT 5, WHOSE UNEXPIRED TERM EXPIRES
JUNE
30, 1998; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT
3, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF
THE COURT OF APPEALS, SEAT 4, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A
SUCCESSOR TO A CERTAIN JUDGE OF THE FIFTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES
JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE SEVENTH JUDICIAL
CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN
JUDGE OF THE NINTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A
SUCCESSOR TO A CERTAIN JUDGE OF THE TENTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES
JUNE 30, 1995; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE
LAW JUDGE DIVISION, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1995; AND TO ELECT
MEMBERS OF THE LEGISLATIVE AUDIT COUNCIL.
The President recognized Senator McConnell, Chairman of the Joint Judicial
Screening Committee.
Printed Page 1822 . . . . . Tuesday, March 21,
1995
On motion of Rep. WILKINS, with unanimous consent, the following communication
was printed in the journal.
COMMUNICATION
March 21, 1995
The Honorable David H. Wilkins
Speaker, House of Representatives
508 Blatt Building
Columbia, S.C. 29211
Dear Mr. Speaker:
To be a viable candidate for the Supreme Court I must have not only the vote
of but the active support of the delegations of the Thirteenth Judicial Circuit.
Unfortunately, for reasons that have been addressed in the news media, much of
this support has left me. It has also eroded support from other districts that
I expected to help. Simply put, I do not have sufficient pledges to make a
respectable showing.
I take this opportunity to thank you, Representatives Haskins, McMahand,
Rice, Herdklotz, Jaskwhich and Anderson and Senators Smith and Martin for your
pledges of support.
It is my sincere belief I would have been a constructive member of the Court
helping to build a consensus in these difficult and important times.
Please withdraw my name from consideration as a candidate for the Supreme
Court of South Carolina.
Sincerely,
C. Victor Pyle, Jr.
ELECTION OF AN
ASSOCIATE JUSTICE OF THE SUPREME COURT
The President announced that nominations were in order for an Associate
Justice of the Supreme Court.
Senator McConnell, on behalf of the Joint Screening Committee, announced that
the following candidates had been screened and found qualified: the Honorable
Ralph King Anderson, Jr., the Honorable E.C. Burnett, III, the Honorable Costa
M. Pleicones and the Honorable C. Victor Pyle, Jr.
Printed Page 1823 . . . . . Tuesday, March 21,
1995
Rep. BAXLEY nominated the Honorable Ralph King Anderson, Jr. as follows:
"Thank you, Mr. President, Mr. Speaker, members of our courts and the
judiciary, ladies and gentlemen of the Joint Assembly, distinguished guests...
It is my privilege today to stand before you to nominate one of South Carolina's
most distinguished and dedicated public servants to fill the vacancy on the
South Carolina Supreme Court, a man who has given freely of himself and service
to others including 16 years as a respected jurist on our Circuit Court and six
years as an active member of this General Assembly. That man is Ralph King
Anderson, Jr. Today, we are about some very serious business. There is no
position more important to the operation of state government that this 111th
General Assembly will elect than what we are doing today. Vested in the five
members of the Supreme Court is the authority to nullify the acts of this Body,
to create judge made law and to serve as the protectors of our rights and
responsibilities as citizens. I am proud to nominate Judge Anderson. I am
proud to nominate him for this important position and I briefly wish to share
with you four reasons why we submit that Judge Anderson is the best candidate
for this job. The first of these is scholarship. For those of you who read the
report of the screening committee, the 100 plus page document, you saw that it
was this General Assembly's most comprehensive effort to screen the candidates
for judges that we have before us. Out of the candidates for this office, they
were screened for practice and procedure scores, for compliance with ethics,
knowledge of legal ability, experience, temperament and other categories and out
of the four candidates for this office, Judge Anderson was scored, by our
committee, the highest of them all. He rated 3.38 out of a possible 4. I would
also point out to you though that Judge Anderson's scholarship was not only
recognized by our committee, it did not begin there and it did not end there.
Each of us in our job or profession has a book that we turn to whenever we don't
know exactly what to do and we are confronted by something that may confuse or
confound us. South Carolina's lawyers have such a book. I have it with me
today. It is known as The Nuts and Bolts of South Carolina Subsitive and
Procedural Law. The author of this book is Ralph King Anderson, Jr. This
man has given of his years of experience, judicial knowledge and practicing law
to the people of South Carolina, both laymen and lawyer, for the use of this
book to tell people about what to do when confronted with situations with which
they are not familiar. Not only that, but Judge Anderson has given this to the
citizens of South Carolina by refusing to accept any royalties for the printing
or the publication of this book. You know lawyers can be a tough group
Printed Page 1824 . . . . . Tuesday, March 21,
1995
sometime, particularly when they can act in amenemity and the members of the
South Carolina Bar are questioned from time to time in surveys as to how they
rate the various judges before whom they practice. South Carolina's lawyers
anonymously responded in considering Judge Anderson and rated him in the State
number one on the knowledge of the law, number one on the application of the
rules of evidence and number one on punctuality and attendance and in responding
with rulings. One other point on scholarship, Judge Anderson is a judge's
judge. As we worked in this campaign, we would be interrupted by emergency
phone calls, from other judges out on the bench, confronted with situations to
which they did not know the answer and tracked down Judge Anderson wherever he
might be to ask him what to do. Judge Anderson clearly is recognized by all of
us and by his colleagues as a scholar. But, to say that Judge Anderson should
be elected to the Supreme Court on the basis of scholarship is to miss the mark.
Number two is unparallel work ethic. Judge Anderson began and I don't think he
would mind me telling you this, with some humble beginnings. He grew up on a
tobacco farm in a rural Pee Dee section of our State. The thing most of us know
about tobacco is how to tax it. But, there is a lot more to it than taxing it.
In fact, before the days of mechanization, tobacco was probably the most labor
intensive crop there was. Judge Anderson put it that the only time he wasn't
working in the fields was when he was in school or it was dark or it was Sunday.
He did work his way through school. He finished high school, the first in his
family to do so and carrying two jobs, he worked his way through college and law
school. Those humble beginnings have given him an appreciation for who he is
and where he is and that has resulted in an unparallel work ethic. It is not
uncommon that when he comes to your county to hold court, for him to start at
7:30 in the morning with a hearing, work through lunch, have a hearing on
another matter at lunch, and end the day at 7:00 p.m. The Court Administration
realizes this and when there are problems in a county, with a docket in the
criminal or civil court, they send Judge Anderson. The South Carolina Bar, as I
mentioned earlier, rated him number one in work ethic among the state's
judiciary. But to say that Judge Anderson should be elected to the Supreme
Court on the basis of his work ethic is also to miss the mark. I would like to
talk to you about compassion, point number three. Maybe some of you had the
chance, I think it was three years ago when the Disabilities Committee had an
exercise downstairs where you could get in a wheelchair and go up a ramp and go
through a door. I could not do that, it was much more difficult than I ever
anticipated, and it created in me, Mr. Fleming, a respect for individuals who
everyday face more
Printed Page 1825 . . . . . Tuesday, March 21,
1995
adversity than I do in a whole month and often, I am the one complaining. Not
long ago, in Florence County, when the jury was summoned and when they are
summoned, they are not summoned with regard to race, creed, color, physical
ability or beliefs. One of the individuals there that day was a paraplegic and
happened to be in a wheelchair. As the morning progressed, and the first juror
was drawn, that individual was chosen for jury service. Immediately, Judge
Anderson was confronted with a problem because he realized that in the Florence
County Courthouse, there was no ramp to get from the jury box to the jury room.
You had to go downstairs and upstairs and impossible for this juror. He could
have said that this juror, because his service would not be efficient to the
case or to the State, that he would excuse them. He didn't do that. He
supervised and worked through lunch the construction of a ramp to get that juror
from the box to the jury room. That is a simple act and it is reaching out to a
disenfranchised citizen and some may say that is not important, but I would say
it is. It represents a lifetime of inclusion that Judge Anderson has lived, a
concept for which our government is founded. But, to say that Judge Anderson is
compassionate and should be elected to the Supreme Court solely for that reason
is again to miss the mark. Finally, I want to discuss with you point number
four and that is family values. For 38 years, he has been married to his wife,
Loretta Lynch, and they have two children, Deborah and Tripp. Tripp, as you
know, is also wheelchair bound, and serves capably as one of our Administrative
Law Judges elected last year. Judge Anderson's wife could not be with us today,
because of a recent problem requiring some hospitalization and some intensive
physical therapy. One of our colleagues recently commented to me that he had
noticed that Judge Anderson had not been at a reception the night before. I
thought to myself, that's right, he was at home with his family where most of us
probably should have been, not as a chore, not as a burden, but as a labor of
love. Long before it became politically convenient, Judge Anderson exhibited
the family values upon which our government is based and grounded. But, just to
say that Judge Anderson should be elected to the Supreme Court because of his
family values is again to miss the mark, for all of these attributes,
scholarship, work ethic, compassion and family values combined make the true
essence of this man who has given his life in public service. In conclusion,
let me ask you, just for a moment, to put aside political considerations,
political commitments, and step back and ask yourself, what kind of person do
the citizens in my district want me to elect to the state's highest court.
Well, I would submit to you that it is a person that is a real straight arrow,
unquestionable integrity, honesty, fairness, a true intellect that will
Printed Page 1826 . . . . . Tuesday, March 21,
1995
challenge the colleagues on the court and the members of the staff instead of
simply accepting what a young staff lawyer may submit to them. Also, it is a
person with a strong work ethic, a work horse who gives back far more than he
receives and in Ralph King Anderson, we have that candidate, for he embodies all
of these qualities, a man who is exactly what your people back home would want.
Thank you."
Rep. D. SMITH nominated the Honorable E.C. Burnett, III as follows:
"Mr. President, Mr. Speaker, members of the Joint Assembly,
distinguished guests... It is my privilege and great pleasure to nominate a
person who is unmatched in his depth of judicial experience... a person who has
given over 20 years of service to the people of this State, a person who has
demonstrated vision in judicial administration and a man who I admire and
respect, to serve as Associate Justice of the South Carolina Supreme Court.
E.C. Burnett, III was born and raised in Spartanburg County. He is a graduate
of Spartanburg's public schools and a 1964 graduate of Wofford College. When
called on by the United States Army to serve his country in 1964, he went
proudly and served active duty including service in combat zones in Vietnam. He
retired from the Army Reserves in 1986 having reached the rank of Major. After
returning from active duty, he completed law school at the University of South
Carolina. His wife, Jamie, who is with him in the balcony has been his
consummate supporter in a profession that he unselfishly dedicated himself.
They have a successful marriage of 31 years and three grown children. He is an
active member of Mt. Calvary Baptist Church where he has been elected a deacon
and an elder. He is a Life Member of Sertoma International and a Past President
of the downtown Sertoma Club of Spartanburg. Judge Burnett's roots and
dedication to public service run deep. His father was an outstanding lawyer,
who was active in community affairs and was one of Spartanburg's best known and
beloved citizens. He has very naturally adopted his father's commitment to
improving the public good. Judge Burnett has served as a member of the General
Assembly, as a Clerk of Court, a Probate Judge, a Family Court Judge, and in
1981, was elected Resident Judge for the 7th Judicial Circuit. He has also
served as an Acting Justice to the South Carolina Court of Appeals. All of the
candidates have been found to be qualified, but no other candidate has the depth
of judicial experience as Judge Burnett. As one of the more senior Circuit
Court Judges, with 14 years of experience, Judge Burnett had the foresight to
bring Cherokee and Spartanburg Counties into the computer age, the first
counties in the State to maximize today's technology. If elected, his
experience can be
Printed Page 1827 . . . . . Tuesday, March 21,
1995
extended to all judicial circuits. What does that mean for the people of South
Carolina? Efficiency, effectiveness, less duplication. I'm sure those of you
that served here two years ago remember those descriptive words, as we
restructured state government. It's significant because, once again, we can use
our wisdom and foresight to help make better, the third but equal branch of
government. I submit to you that with Judge Burnett's knowledge, experience and
vision, his election today would be one more step in the right direction for our
State. Our Judiciary is, and I pray always will be, the safeguard of our
liberties as our Constitution ensures. Today we are faced with a decision which
will mold the future for the people of our State. Our Governor said in his
State of the State message, `criminals whine to judges that their rights are
violated, and judges too often agree.' My fellow legislators, E.C. Burnett had
compassion for the victims of crime and knows what to do with criminals who
violate their rights. What an awesome power you and I have, just as we are
elected to represent a certain geographic, because the framers of our
Constitution saw that as the fairest and most equitable way to represent our
State. I submit to you that the election of Judge Burnett will bring geographic
balance to the court. The South Carolina Bar's report on the candidates reads
of Judge Burnett that he is respected for his legal ability and analytical
skills, and that his character and integrity are excellent. I believe
wholeheartedly that Judge Burnett's work habits and intellect will assure that
he will not fail as an Associate Justice, but it is his depth of judicial
experience, his 20 years of public service and his vision of judicial
administration that will guarantee his success. The only reservation I have
about his election to the Supreme Court is that Spartanburg and Cherokee
Counties will loose its most respected trial judge. It is truly an honor to
nominate, my friend, the Honorable E.C. Burnett, III to be Associate Justice of
the South Carolina Supreme Court."
Rep. HARVIN seconded the nomination.
Rep. HARRISON nominated the Honorable Costa M. Pleicones as follows:
"Mr. President, Mr. Speaker, Members of the Joint Assembly... I rise
today to place in nomination the name of Costa M. Pleicones. We all recognize
that there are several traits that are required of a jurist - particularly one
who sits on the highest court in the State. He or she must have a keen
intellect, an even temperament, and a willingness to work hard. In addition to
these three, a jurist must be impartial. His or her decisions must be based on
the law irrespective of the parties or
Printed Page 1828 . . . . . Tuesday, March 21,
1995
attorneys in a case. Judge Costa Pleicones is such a jurist - as are all four
candidates for this seat. However, Judge Pleicones' qualifications are
exceptional as demonstrated by the ratings he has received while serving as a
Municipal Judge in Columbia and more recently as Resident Judge of the Fifth
Judicial Circuit. Judge Pleicones' intellect, temperament, diligence and
impartiality have not gone without notice. During Judge Pleicones' service on
the Circuit Bench, he has been called upon on 10 occasions to serve as an Acting
Associate Justice on the Supreme Court. In addition, in 1994 the South Carolina
Bar conducted an anonymous and confidential rating of 26 judges up for re-
election. Judges were rated on legal skills, impartiality, judicial temperament
and industry. Of the 26 judges rated, Judge Pleicones and Judge William Howard
finished in a virtual tie for 1st place. Judge Pleicones rated extremely high
in every category. He tied for 1st in legal skills, tied for 1st in
impartiality, tied for 2nd in judicial temperament, tied for 2nd in industry.
This year the South Carolina bar rated the 4 candidates to fill the current
vacancy on the Supreme Court. Judge Pleicones received the highest overall
numerical rating. Clearly a reflection of the esteem with which he is held in
the legal profession. Judge Pleicones also received the highest combined
numerical rating by the Joint Legislative Committee for Judicial Screening.
Judge Pleicones also has a distinguished record of public service. He has
served as an Assistant Public Defender and as Chief Deputy Public Defender for
Richland County. He has served as Assistant County Attorney and County Attorney
for Richland County. Anyone who follows Richland County politics knows that
such service constitutes a `baptism under fire'. He has served 26 years in the
Army and Army Reserves - rising to the rank of Colonel. He has served as a
member of the Richland County Detention Center Committee, President, Midlands
Chapter Muscular Dystrophy Association, Board Member, Arthritis Foundation,
Board Member, Columbia Housing Authority, Board Member, Richland County DSS
Board, Board Member, United Way of the Midlands, Chairman, Richland County
Public Defender Agency. Ladies and gentlemen, in conclusion, Judge Pleicones is
a man of unquestionable character, integrity and ability with a distinguished
record of public service. If we vote on the merits today, our vote should be
for Judge Pleicones. I am proud to place his name in nomination. Thank
you."
Rep. HODGES seconded the nominations and moved that the nominations be
closed.
Printed Page 1829 . . . . . Tuesday, March 21,
1995
The Reading Clerk of the Senate called the roll of the Senate and the Senators
voted viva voce as their names were called.
The following named Senators voted for Judge Anderson:
Drummond Elliott Glover
Land Leatherman McGill
Mescher Rankin Saleeby
Setzler Smith, G.
TOTAL--11
The following named Senators voted for Judge Burnett:
Alexander Bryan Courtney
Ford Hayes Lander
Martin Matthews McConnell
Passailaigue Peeler Reese
Russell Smith, J.V. Thomas
Washington Williams
TOTAL--17
The following named Senators voted for Judge Pleicones:
Cork Courson Giese
Gregory Holland Jackson
Leventis Moore Patterson
Richter Ryberg Short
Waldrep Wilson
TOTAL--14
On motion of Rep. WILKINS, the members of the House voted by electric roll call.
The following named Representatives voted for Judge Anderson:
Askins Baxley Brown, G.
Cromer Harris, J. Harris, P.
Harvin Hines Jennings
Kelley Kennedy Koon
Limbaugh Martin McElveen
McKay McTeer Neilson
Printed Page 1830 . . . . . Tuesday, March 21,
1995
Seithel Thomas Witherspoon
Worley Young, J.
Total--23
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